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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MUSHROOM INDUSTRY EMPLOYEES (STATE) AWARD
  
Date11/28/2003
Volume342
Part3
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2179
CategoryAward
Award Code 471  
Date Posted11/27/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(471)

SERIAL C2179

 

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.

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