MUSHROOM INDUSTRY EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, industrial organisation of employers.
(No. IRC 561 of 2003)
Before Commissioner
Murphy
|
18 August 2003
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Anti-Discrimination
2. Classification
Structure
3. Hours
4. Wage
Rates
5. Piecework
6. Mixed
Functions
7. Overtime
8. Recall
9. Holidays
10. Sick Leave
11. Bereavement
Leave
12. Jury
Service
13. Annual
Leave
14. Annual
Leave Loading
15. Long
Service Leave
16. Personal
Carer's Leave
17. Payment of
Wages
18. Terms of
Engagement
19. First-Aid
20. Consultative
Mechanism
21. Labour
Flexibility
22. Redundancy
23. Disputes
Procedure
24. Amenities
25. Protective
Clothing
26. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
PART A
1.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti‑Discrimination
Act, 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
2. Classification
Structure
Farm Employee Level 1 (83%)
An employee at this level performs routine duties of a
manual nature to the level of his/her training.
Such an employee:
(a) performs work
within established routines, methods and procedures that are predictable and
which may require the exercise of limited discretion.
(b) applies
knowledge to a limited range of tasks.
The choice of actions is clear.
(c) follows safe
work practices and reports workplace hazards.
(d) may be
required to perform the following indicative tasks/duties:
(a) pick, grade
and present mushrooms in packing containers
(b) assist in the
identification of disease and the control of its spread
(c) clean and
disinfect preparation areas and equipment
(d) general
labouring and cleaning duties
(e) receiving,
checking, dispatching and sorting of products
(f) identification
of equipment faults
(g) basic inventory
control
Farm Employee Level 2 (89%)
An employee at this level performs work above and
beyond the skills of a Farm Employee Level 1.
An employee at this level:
(i) is
responsible for the quality of their own work (subject to instruction and
direction)
(ii) exercises
discretion within the level of his/her training
(iii) may be
required to perform the following indicative tasks/duties:
(a) checking the
work of other Level 1 employees
(b) operation and
maintenance of irrigation and watering equipment
(c) measurement of
chemical levels in water to maintain correct levels
(d) operation of
harvesting equipment and powered tools not requiring a license or a ticket.
(iv) may be
required to perform work within the scope of a Farm Employee Level 1.
Farm Employee Level 3 (93%)
An employee at this level is able, and may be required,
to perform work within the scope of lower grades. Additionally, an employee at this level:
(a) is able to
work from complex instructions and procedures
(b) possesses
sound interpersonal skills
(c) ability to
co-ordinate the work of others in a team environment
(d) may be
required to perform the following indicative tasks/duties:
(a) appointed as
Harvesting Coordinator, responsible for:
maintaining picking staff numbers to control
harvesting, subject to the direction of the grower.
assisting in organising picker movement across the
growing rooms in order to enhance productivity
(e) licensed
and/or certified to operate appropriate equipment eg. Forklift, heavy rigid
truck, front end loader and compost turner, filing, spawning, supplementing,
casing and emptying machine.
(f) assist in the
development of procedures and work practices to improve pick rates.
(g) may be
required to perform work within the scope of a Farm Employee Level 2
Farm Employee Level 4 (95%)
An employee at this level is able, and may be required
to perform work within the scope of lower grades. Additionally, an employee at this level:
(a) understands
and applies quality control techniques
(b) exercises
discretion and judgment within the scope of his/her training
(c) applies
knowledge with depth in some areas and has a broad range of skills.
(d) may be
required to perform the following indicative tasks/duties:
(a) organisation
and co-ordination of all labouring functions before the harvesting period (eg.
Substrate preparation, pasteurisation, spawning, supplementing, casing, set back
rooms and filling relevant rooms)
(b) responsibility
for ensuring optimum fill weight and substrate moistures are achieved and
maintained at all preparation stages
(c) responsibility
for the maintenance of all ingredient supplies and rotation
(d) responsibility
for managing hygiene control in preparation areas
(e) responsibility
for ensuring air handling filters are maintained and changed as directed by the
grower.
3. Hours
(1) Ordinary Hours
The ordinary hours of work shall not exceed an average
of 38 per week, nor a maximum of ten hours per day and shall be worked between
the hours of 5.00 a.m. and 8.00 p.m., Monday to Sunday inclusive, and shall be
continuous except for meal breaks.
(2) The ordinary
hours may be worked in any of the following ways:
(a) Five days or
five and one-half days per week
(b) 19 days in a
20-day cycle.
(c) Four equal
days and one short day per week.
(d) No more than
20 days are worked in a 28 consecutive day period.
(3) A meal break
of not less than 30 minutes and not more than one hour shall be allowed and no
employee shall be worked continuously for more than five hours without a meal
break.
(4) An employee
who is required to work during the usual meal break shall be paid at overtime
rates for such work. Such payment shall
continue until the prescribed meal break has been taken.
(5) Ordinary Hours
on a Saturday
The rate for ordinary hours worked on a Saturday in
accordance with subclause (1) of this clause shall be time and one-quarter, or
rate and one-quarter for pieceworkers where hours are worked.
(6) Ordinary Hours
on a Sunday
The rate for ordinary time worked on a Sunday in
accordance with subclause (1) of this clause shall be time and one-half, or
rate and one-half for pieceworkers where hours are worked.
(7) Shift Work
(a) Afternoon
and/or night shifts may be worked at the discretion of the employer to meet the
exigencies of the industry.
(b) Employees may
be directed to work on shifts which shall not exceed eight hours without the
payment of overtime.
(c) Definitions
(a) "Afternoon
shift" means any shift finishing after 8.00 p.m. and at, or before
midnight.
(b) "Night
shift" means any shift finishing subsequent to midnight and at or before
5.00 a.m.
(d) Shift workers
whilst on afternoon and night shifts shall be paid 15% more than the ordinary
rates for such shifts.
(e) All shift time
worked in excess of eight hours per shift shall be paid as overtime at the rate
of time and a half.
(f) Where shift
work is adopted, shifts shall, as far as practicable, rotate regularly and
where two shifts are worked one shall be regarded as day shift and the second
the afternoon or night shift. Where three shifts are worked they shall be
divided into day, afternoon and night shifts.
(g) No employees
shall work for more than four and one half hours without a break for a meal
except in the following circumstances where up to six hours may be worked
without a break for a meal by agreement with the employee concerned:
(a) Where a casual
employee or part-time employee is engaged to work no more than six hours in any
one day;
(b) Where weekly
employees are working their ordinary hours on the basis of a short day each
week.
Thirty minutes shall be allowed to shift workers each
shift for crib, and shall be counted as time worked.
(h) Shift workers
who work on any of the holidays mentioned in 18.2 of this award, shall be paid
at the rate of double time for all work done on such days.
(i) Shift workers
who work on a Sunday shall be paid at the rate of time and a half for ordinary
hours.
(j) Shift workers
who work on a Saturday shall be paid at the rate of time and a quarter for
ordinary hours.
(k) An employer
may require a day worker to change to shift work provided at least seven (7)
days’ notice is given of the change. Overtime rates shall be paid if the shifts
do not continue for at least five consecutive afternoons or nights."
4. Wage Rates
(1) Adult
Employees
The minimum rates of wages for any classification
shall, subject to the other provisions, be the weekly rate for the
classification as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(2) Junior
Employees
The minimum rates of wages to be paid to junior
employees shall, subject to the other provisions, be the percentage of the
appropriate rate for adults set out in the said Table 1, calculated to the
nearest ten cents, any broken part of ten cents in the result not exceeding
five cents to be disregarded.
(3) Part-Time
Employees
Part-time employee(s) shall mean an employee who,
subject to clause 3(2) of this award:
(a) works less
than an average of 38 hours per week; and
(b) has reasonably
predictable hours of work; and
(c) receives, on a
pro rata basis, equivalent pay and conditions to those of full-time employees
who do the same kind of work.
(d) by agreement
may work up to an average of 38 hours per week without the payment of overtime.
A part-time employee shall be paid an hourly rate
ascertained by dividing the weekly rate payable under Table 1 by 38.
(4) Casual
Employees
A casual employee shall mean an employee who is engaged
and paid by the hour. The hourly rate shall be ascertained by dividing the
weekly rate payable under Table 1 plus 15 per cent, by 38.
(5) The rates of
pay in this award include the adjustments payable under the State Wage Case
2002. These adjustments may be offset
against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
5. Piecework
Piecework rates may be fixed by agreement between the
employer and employee at such rates as will enable the average competent
employee working the ordinary hours prescribed by this award to earn at least
15 per cent above the prescribed time work rate. Such piecework rates shall,
when fixed, be paid in lieu of the said time work rates.
6. Mixed Functions
(1) An employee,
who is required to perform on any day work for which a higher rate than that of
the employees ordinary classification is prescribed, shall be paid as follows:
(a) If the
employee is required to perform such work for two hours or more, the employee
shall be paid for the day the higher (or highest, as the case may be) rate of
wage prescribed for the work performed.
(b) If the
employee is required to perform such work for less than two hours, the employee
shall be paid the higher (or highest, as the case may be) rate of wage
prescribed for the time actually occupied on such work.
(2) An employee
who is required to perform, on any day, work for which a lower rate of wage
than that of the employees ordinary classification is prescribed, shall suffer
no reduction in pay in consequence thereof.
7. Overtime
(1) Except as
hereinafter provided, all time worked in excess of the hours prescribed in
Clause 3 - Hours, shall be paid for at the rate of time and one-half for the
first two hours and double time thereafter, except on a Sunday, which shall be
paid for at the rate of double time.
(2) Unless
notified prior to or on the previous day, an employee who is required to work
overtime after ordinary hours for more than one and a half hours shall be paid
a meal allowance as set out in Item 1 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, for each meal.
Such meal is to be taken in the employer's time. At the expiration of each additional four
hours overtime, a further meal break shall be allowed and paid for as set out
also in Item 1 of the said Table 2 for each additional meal. Meal breaks shall
be of not less than 30 minutes' duration.
(3) Requirement to
work reasonable overtime
(i) Subject to
paragraph (ii) below an employer may require an employee to work reasonable
overtime or as otherwise provided for in this award.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of paragraph (ii) above what is unreasonable or otherwise will be
determined having regard to:
(a) Any risk to
employee health and safety;
(b) The employee’s
personal circumstances including any family and carer responsibilities;
(c) The needs of
the workplace or enterprise;
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
8. Recall
An employee who is recalled to work after leaving their
place of employment shall be paid a minimum of four hours at double time.
9. Holidays
(1) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, ANZAC Day, Queen's Birthday, local Eight-hour Day (or Labour Day),
Christmas Day and Boxing Day are observed and any other day or days which may
be proclaimed as a public holiday throughout the State shall be holidays and
shall be paid for even though not worked.
The employer and the employee(s) may reach agreement to
substitute any other day for the day or days prescribed herein.
(2)
(a) Employees,
other than casual employees, shall be entitled to attend the Australian Workers
Union picnic day to be held on the first Monday in December of each year, or as
otherwise notified. Employees attending the picnic day shall be paid at
ordinary time, even though not worked.
(b) The employer
may require from an employee evidence of his/her attendance at the union picnic
day, and production of the butt of the picnic ticket issued for the picnic
shall be sufficient evidence of attendance.
(c) An employer
and an individual employee may agree to the employee taking another day as a
public holiday in lieu of the Union Picnic Day, in which case the provisions of
paragraph(b) of this subclause shall not apply.
(3) When an
employee is required to work on a holiday he/she shall be paid at the rate of
double time and one-half, for a minimum of not less than four hours.
10. Sick Leave
(1) An employee,
other than a casual employee, who has completed one month's continuous service
and who is absent from work on account of personal illness or on account of
injury shall be entitled to leave of absence with pay subject to the following
conditions and limitations:
(a) Where the
employee is unable to attend for duty, the employee will endeavour to inform
the employer where practicable prior to the commencing time, in order to allow
the employer to engage a replacement for the period of such non-attendance.
(b) The employee
shall, if possible, within 24 hours of the commencement of such absence, inform
the employer of the inability to attend for duty and, as far as practicable, shall
state the estimated duration of the absence.
(c) The employee
shall furnish such evidence as the employer may reasonably require that he/she
was unable, by reason of such illness or injury, to attend for duty on the day
or days for which sick leave is claimed.
(d) Subject to
subclause 2. of this clause, the employee shall be entitled to 38 hours' sick
leave during the first 12 months of employment, and to 60.8 hours' during each
subsequent 12 months of employment.
(2) Sick leave
shall accumulate from year to year so that any balance of the period specified
in subclause 1. of this clause, which has in any one year not been allowed to
an employee by an employer as paid sick leave, may be claimed by the employee
and be allowed by that employer in any subsequent year without diminution of
the sick leave prescribed in respect of that year.
11. Bereavement Leave
(1) An employee,
other than a casual employee, shall be entitled two days bereavement leave
without deduction of pay, on each occasion of the death of a person within
Australia as prescribed in subclause 3 of this clause.
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer provide, to the
satisfaction of the employer, proof of death.
(3) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of Clause 16 -
Personal/Carer’s Leave, provided that, for the purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(4) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(5) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said Clause 16. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
12. Jury Service
An employee on weekly hiring required to attend for jury
service during ordinary working hours shall be reimbursed by the employer an
amount equal to the difference between the amount paid in respect of attendance
for such jury service and the amount of wage received in respect of the
ordinary time worked had the employee not been on jury service. An employee
shall notify the employer as soon as possible of the date required to attend
for jury service. Further, the employee shall give proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
13. Annual Leave
See Annual Holidays
Act 1944.
14. Annual Leave
Loading
(1) In this
clause, the Annual Holidays Act 1944
is referred to as "the Act".
(2) Before an
employee is given and takes an annual holiday or where, by agreement between
the employer and the employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer shall pay the employee a loading determined in accordance with this
clause. (NOTE: The obligation to pay in
advance does not apply where an employee takes an annual holiday wholly or
partly in advance - see subclause 6.)
(3) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(4) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled, where such a holiday is given and
taken in separate periods, then in relation to each such separate period.
(5) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause 4. at the rate per week of 17.5 per cent of the appropriate
ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
the annual holiday.
(6) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act, to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause 5, of this clause,
applying the award rates of wages payable on that day.
(7) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause 5, of this clause.
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid, in addition to the amount payable under
the Act, such proportion of the loading that would have been payable to the
employee under this clause if the employee had become entitled to an annual
holiday.
(8)
(a) When the
employment of an employee is terminated by the employer or a cause other than
misconduct, and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause 5. for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
15. Long Service
Leave
See Long Service Leave
Act 1955.
16. Personal Carer's
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (i) of paragraph 1 (c) of this subclause who
needs the employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, provided
for in Clause 10 - Sick Leave, for absences to provide care and support, for
such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
An employee shall, wherever practicable, give the
employer notice prior to the absence of the intention to take leave, the name
of the person requiring care and that person's relationship to the employee,
the reasons for taking such leave and the estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (i) of paragraph 1 (c) of this clause who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph a. of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph a. of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with paragraph a. the employee shall be paid
overtime rates in accordance with the award.
(5) Make-Up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the
award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purposes of creating a bank to be drawn upon at a time
mutually agreed between the employer and employee, or subject to reasonable
notice by the employee or the employer.
17. Payment of Wages
(1) All wages and
overtime shall be paid, in the employer's time, not later than four (4) days
after the conclusion of a pay period. Wages
shall be paid by either cash, cheque or electronic funds transfer.
(2) Where wages
are paid by cheque or bank transfer the following conditions shall apply:
(a) Payment by
cheque or bank transfer will not involve any of the employees in any banking
costs.
(b) The employees
shall, if necessary, be allowed to leave the employer's premises to cash the
said cheque.
(c) Should any
employee request to have the weekly wages paid into the employee's bank
account, credit union or building society account, the employer shall comply
with such request.
(3) When an
employee's services are terminated by the employer for reasons other than
misconduct, the employee shall be paid all wages due immediately or, failing
payment, shall be paid at the rate of the classification under which last
employed for all time until paid. Where
the employment is terminated by reason of the employee's misconduct, the
employee shall be paid all wages due within 24 hours of such termination or
shall be paid at the rate of the classification under which last employed for
all time until such payment is made.
18. Terms of
Engagement
(1) Except for the
first four weeks of employment, the engagement of employees, other than casual
employees, shall be terminated only by two week's notice on either side to be
given at any time during the week or by the payment or forfeiture, as the case
may be, of two week's wages in lieu thereof.
During the first four weeks of engagement of a new employee, the
employment may be terminated at any time without notice.
(2) Subject to the
provisions of subclause (1) of this clause, the first twelve weeks of full-time
or part-time employment shall be a probationary period.
(3) Nothing
contained in subclause (1), of this clause shall prevent an employer from
deducting payment for time lost by an employee or terminating employment at any
time without notice because of the employee's misconduct or neglect of duty.
19. First-Aid
(1) Adequate
first-aid facilities shall be provided by the employer (see Occupational Health and Safety Act 2000
and Occupational Health and Safety Regulation 2001).
(2) An employee
appointed by the employer to perform first-aid duty shall be paid as set out in
Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in
addition to the ordinary rates.
20. Consultative
Mechanism
Enterprises covered by this award may establish a
consultative mechanism with procedures appropriate to their size, structure and
needs in relation to matters affecting efficiency and productivity.
21. Labour
Flexibility
(1) Wider Range of
Tasks
Employees shall perform work, which is incidental or
peripheral to their main tasks or functions and is within the scope of their
skills and competence.
(2) Mixed
Enterprises
(a) A mixed
enterprise is defined as a single establishment where the primary operation is
not covered by this award.
(b) For the
purposes of increasing productivity, flexibility and efficiency in a mixed
enterprise, as well as enhancing opportunities for workers, multi-skilling may
extend to allow the workers to perform any work in a mixed enterprise within
the scope of their skills and competence.
(c) Discussions
shall take place at the enterprise with the view to allowing employees to
perform a wider range of tasks and the removal of demarcation barriers.
(d) Workers in a
mixed enterprise shall not impose or continue to enforce demarcation barriers
between the work of employees, provided that it is agreed that the work lies
within the scope of the skill and competence of the worker concerned.
22. Redundancy
(1) Application
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(2) Introduction
of Change
(a) Employer s
duty to notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that
where the award makes provision for alteration of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
(b) Employer’s
duty to discuss change
(i) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (1) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(ii) The
discussion shall commence as early as practicable after a definite decision has
been made by the employer to make the changes referred to in paragraph (1) of
this subclause.
(iii) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong, all relevant information about
the changes including the nature of the changes proposed, the expected effects
of the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(3) Redundancy
(a) Discussions
before terminations
(i) Where an
employer has made a definite decision that the employer no longer wishes the job
the employee has been doing to be done by anyone pursuant to subparagraph 2 (a)
(1) of this clause, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (i) of
this paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(iii) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that any employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(4) Termination of
Employment
(a) Notice for
changes in production, program, organisation or structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"production", "program", "organisation" or
"structure" in accordance with subparagraph 2 (a) (1) of this clause.
(i) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3
years
|
2 weeks
|
3 years and less than 5
years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii) In addition
to the notice above, employees over 45 years of age at the time of the giving
of the notice with not less than two years continuous service, shall be
entitled to an additional week s notice.
(iii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(b) Notice for
technological change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause 2. (a) (1) above:
(i) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(ii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iii) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time off
during the notice period
(i) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one-day s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(e) Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee s employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify the Centrelink thereof as soon as possible giving
relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(g) Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(h) Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in paragraph 2 (a) above, the employee shall be entitled to
the same period of notice of transfer as the employee would have been entitled
to if the employee s employment had been terminated, and the employer may, at
the employer s option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate for the number of weeks of notice still owing.
(5) Severance Pay
(a) Where the employment
of an employee is to be terminated pursuant to subclause 4, above, subject to
further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(i) If an
employee is under 45 years of age, the employer shall pay in accordance with
the following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(ii) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
Under 45 Years of
Age Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(iii) "Week's
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances provided for in the relevant
award.
(b) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph (a)
above. The Industrial Relations
Commission shall have regard to such financial and other resources of the
employer concerned as the Commission thinks relevant, and the probable effect paying
the amount of severance pay in paragraph (a) above will have on the employer.
(c) Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph (a)
above if the employer obtains acceptable alternative employment for an
employee.
(6) Savings Clause
Nothing in this award shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the union and any employer bound by this award.
23. Disputes
Procedure
The procedure for the resolution of industrial disputation
will be pursuant to section 14 of the Industrial
Relations Act 1996. These procedural steps are:
(1) Procedure
relating to a grievance of an individual employee:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(2) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(3) Subject to the
Industrial Relations Act 1996, in the
event that a dispute cannot be resolved by the above process the parties may
have recourse to the Industrial Relations Commission of New South Wales to
attempt to resolve the dispute.
24. Amenities
(1) Change Rooms
and Conveniences
(a) A change room
for employees shall be provided. Where practicable it shall be equipped with
showers and wash basins.
(b) Such change
room shall be used exclusively for the purpose for which it is provided and
shall be erected in a location to avoid risk of injury.
(c) Toilet and
sanitary facilities shall be provided by the employer.
(d) Lockers shall
be provided for employees.
(2) Meal Room
The employer shall supply suitable shelter for meals
and boiling water for employees at the commencement of each meal and/or tea
break. Such meal room shall be equipped with:
(a) fly screen
doors;
(b) refrigerators;
(c) heater for
food;
(d) electric light
where practicable;
(e) suitable table
and seating accommodation.
25. Protective
Clothing
Employees shall be provided, free of charge, with all
necessary protective clothing including rubber boots, gloves and aprons. Such
clothing shall be issued in good condition and shall be retained by the
employees during their period of employment.
It shall be renewed by the employer when required.
26. Area, Incidence
and Duration
This award shall rescind and replace the Mushroom Industry
Employees (State) Award published 9 March 2001 (322 I.G. 1147), and all
variations thereof.
It shall apply to employees who are employed by commercial
mushroom growers on mushroom farms or in sheds or other like places where
mushrooms are grown or cultivated, or in a clearing, fencing, trenching,
draining, or otherwise preparing land in connection herewith.
This award shall take effect from the first full pay period
to commence on or after 14 August 2003 and shall continue in force for a period
of 12 months.
PART B
MONETARY RATES
Table 1 - Rates Of Pay
A. Operative from
the first full pay period on or 14 August 2003.
Section 1 - Adult Employees
|
Base Rate
|
Casual Hourly
|
15% Casual
|
One-Twelfth
|
Total Casual
|
|
Per Week
|
Base Rate
|
Leave Loading
|
Annual Leave
|
Hourly Rate
|
|
|
|
|
Loading
|
|
|
$
|
$
|
$
|
$
|
$
|
Farm Employee
|
452.30
|
11.90
|
1.79
|
1.14
|
14.83
|
Level 1
|
|
|
|
|
|
Farm Employee
|
481.10
|
12.66
|
1.90
|
1.21
|
15.77
|
Level 2
|
|
|
|
|
|
Farm Employee
|
496.00
|
13.05
|
1.96
|
1.25
|
16.26
|
Level 3
|
|
|
|
|
|
Farm Employee
|
504.30
|
13.27
|
1.99
|
1.27
|
16.53
|
Level 4
|
|
|
|
|
|
Section 2 - Junior Employees
|
Percentage of
Appropriate
|
|
Adult Rate Per Week
|
|
%
|
|
|
Under 16 years of age
|
50
|
At 16 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
80
|
At 19 years of age
|
90
|
At 20 years of age
|
Adult rates
|
B. Operative from
the first full pay period on or after 1 November 2003.
The rates of pay in this award include the adjustments
payable under the State Wage Case 2003.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
Section 1 - Adult Employees
|
Base Rate
|
Casual Hourly
|
15% Casual
|
One-Twelfth
|
Total Casual
|
|
Per Week
|
Base Rate
|
Leave Loading
|
Annual Leave
|
Hourly Rate
|
|
|
|
|
Loading
|
|
|
$
|
$
|
$
|
$
|
$
|
Farm Employee
|
469.30
|
12.35
|
1.85
|
1.18
|
15.38
|
Level 1
|
|
|
|
|
|
Farm Employee
|
498.10
|
13.11
|
1.97
|
1.26
|
16.34
|
Level 2
|
|
|
|
|
|
Farm Employee
|
513.00
|
13.50
|
2.03
|
1.29
|
16.82
|
Level 3
|
|
|
|
|
|
Farm Employee
|
521.30
|
13.72
|
2.06
|
1.31
|
17.09
|
Level 4
|
|
|
|
|
|
Section 2 - Junior Employees
|
Percentage of
Appropriate
|
|
Adult Rate Per Week
|
|
%
|
|
|
Under 16 years of age
|
50
|
At 16 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
80
|
At 19 years of age
|
90
|
At 20 years of age
|
Adult rates
|
Table 2 - Other Rates And Allowances
A. Operative from
the first full pay period on 14 August 2003.
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
3(4)
|
Meal Allowance
|
|
|
|
Working more than 1.5 hours overtime
|
6.90
|
|
|
each additional 4 hours
|
6.90
|
2
|
19(2)
|
First-Aid
|
1.70 per day or
shift
|
B. Operative from
the first full pay period on or after 1 November 2003.
The rates of pay in this award include the adjustments
payable under the State Wage Case 2003.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
3(4)
|
Meal Allowance
|
|
|
|
Working more than 1.5 hours overtime
|
7.10
|
|
|
each additional 4 hours
|
7.10
|
2
|
19(2)
|
First-Aid
|
1.75 per day or
shift
|
J. P. MURPHY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.