PASTORAL EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 6541 of 2003)
Before Commissioner
Cambridge
|
15 December 2003
|
VARIATION
1. Insert a new
Schedule C - Economic Incapacity, in the Arrangement of the award published 26
October 2001 (328 I.G. 1188).
Schedule C - Economic Incapacity
2. Insert a new paragraph
(h) Reasonable Overtime, in clause 51 Hours of Work, Overtime and Sunday Work.
(h) Reasonable
Overtime
(a) Subject to (b)
below, an employer may require an employee to work reasonable overtime at
overtime rates or as otherwise provided for in this award.
(b) 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.
(c) For the
purposes of (b) what is unreasonable or otherwise will be determined having
regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if any)
given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
3. Delete
subclause (a) of clause 74, Safety Net and State Wage Case Commitments, and
insert in lieu thereof the following:
(a) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset
against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
4. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates of Pay
Clause No.
|
Rates for Shearers
|
Rate
|
|
|
$
|
10(a)(i)
|
If "not found":
|
|
|
For flock sheep (wethers, ewes and lambs) by machine
|
189.35 per 100
|
|
With own handpiece
|
192.57 per 100
|
10(a)(viii)
|
If "found":
|
|
|
The rates prescribed for "not found" in clause
10 (a)(i) less
|
18.60 per day
|
10(a)(ix)
|
Engagement by the day, handpiece provided:
|
|
|
"Not found"
|
141.50 per day
|
|
"Found"
|
122.90 per day
|
|
"Found" If using own handpiece:
|
|
|
"Not found"
|
143.80 per day
|
|
"Found"
|
125.20 per day
|
Clause
|
Rates for Crutching
|
Rate per 100 at
sheds
|
Rates per 100
|
No.
|
|
|
other than at sheds
|
|
|
$
|
$
|
11(a)
|
If "Not found" - Full crutching, that is,
|
|
|
|
shearing the inside and parts of the legs,
|
|
|
|
between the legs, and around and above
|
|
|
|
the tail. In
addition when required:
|
|
|
|
|
|
|
|
Removing wool that has been struck by
|
|
|
|
blowfly; and/or
|
|
|
|
|
|
|
|
Lifting the bottom leg and shearing that
|
|
|
|
leg prior to turning
sheep to complete the
|
|
|
|
shearing around and above the tail; and/or
|
54.90
|
47.30
|
|
|
|
|
|
giving up to two blows above the tail
|
|
|
|
|
|
|
|
All other crutching
|
43.60
|
37.90
|
|
For wigging or ringing
|
20.80
|
20.80
|
|
For either wigging or ringing in addition
|
|
|
|
to crutching - crutching rates plus
|
5.70
|
5.70
|
|
For wigging and ringing
|
34.10
|
34.10
|
|
For either wigging or ringing in addition
|
|
|
|
to crutching - crutching rates plus
|
9.50
|
9.50
|
|
For clearing the belly of any ewe above
|
|
|
|
the teats (not more than two blows of the
|
4.70
|
4.70
|
|
machine or shears) - crutching rates plus
|
|
|
|
For rams and ram stags - double the rates
|
|
|
|
prescribed in paragraphs (i) to (vi) of
|
|
|
|
subclause (a) of clause 10, Rates for
|
|
|
|
Shearers
|
|
|
|
Handpiece Allowance
|
1.07 per 100
|
1.07 per 100
|
|
For Stud ewes and their lambs - one and
|
|
|
|
one quarter of the rates prescribed in
|
|
|
|
paragraphs (i) to (vi) of subclause (a) of
|
|
|
|
the said clause 10.
|
|
|
11(b)
|
If "found" -
|
|
|
|
Piecework rates
|
141.50
|
141.50
|
|
Use of own handpiece
|
143.80
|
143.80
|
11(c)
|
Per Day:
|
|
|
|
If "found", the rates as per piecework
|
18.60 per day
|
18.60 per day
|
|
rates above less
|
|
|
Clause
|
Rates for Shed
Hands
|
Per Run
|
No.
|
|
$
|
12
|
If "not found" -
|
|
|
Adults:
|
|
|
For adults with 65 days or more experience as a shed hand
|
37.30
|
|
For adults with less than 65 days experience as a shed
hand
|
35.80
|
|
Juniors -
|
|
|
18 to 20 years -
|
|
|
With 65 work days or more experience as a shed hand
|
33.55
|
|
With less than 65 work days experience as a shed hand
|
32.20
|
|
|
|
|
Under 18 years
|
|
|
With 65 work days experience as a shed hand
|
26.10
|
|
With less than 65 work days experience as a shed hand
|
25.05
|
|
|
|
|
If "found" -
|
|
|
The rates prescribed for adults for "not found"
less
|
18.60
|
Clause
|
Rates for
Woolpressers
|
Per Kilo
|
Per Bale
|
No.
|
|
$
|
$
|
13(a)(i)
|
If "not found" -
|
|
|
|
For pressing:
|
|
|
|
By hand
|
0.0791
|
12.05
|
|
By power
|
0.0527
|
8.03
|
13(a)(ii)
|
For weighing and branding bales Minimum
|
0.24 per bale extra
|
|
weekly rate (per run x no. of runs)
|
38.80 per run
|
13(a)(v)
|
If "found" -
|
|
|
The rates prescribed for "not found" in
|
|
|
clause 13 (a)(i)(ii) less
|
18.60 per day
|
13(c)
|
Woolpressers engaged at timework rates:
|
|
|
If "not found"
|
38.80 Per run
|
|
If "found" - the rate prescribed for "not
|
|
|
found" less
|
18.60 per run
|
Clause
|
Rates for Shearing
Cooks
|
Per Week
|
No.
|
|
$
|
14(a)
|
If "found" -
|
|
|
Cooking for up to 13 persons
|
163.80 per day
|
|
Cooking for 13 person and over
|
12.60 per person
per day
|
Clause No.
|
Rates for Station
Hands
|
SWC 2002
|
SWC 2003
|
SWC 2003
|
|
|
Amount
|
Adjustment
|
Amount
|
|
|
$
|
$
|
$
|
50(a)(i)(1)
|
Without keep -
|
431.40
|
17.00
|
448.40
|
|
Station Hand Grade 1
|
|
|
|
50(a)(i)(2)
|
General Station Hand
|
456.40
|
17.00
|
473.40
|
|
Grade 2
|
|
|
|
50(a)(i)(3)
|
Senior Station Hand
|
481.50
|
17.00
|
498.50
|
|
Grade 3
|
|
|
|
50(a)(i)(4)
|
Rural Tradesperson
|
525.40
|
17.00
|
542.40
|
|
|
|
|
|
|
|
|
50(a)(iii)
|
Adult Station Hand engaged by the day
|
|
|
|
Without keep
|
|
13.17 per hour
|
|
With keep -
|
|
|
|
The weekly rates prescribed above, less
|
77.05
|
79.50
|
Clause No.
|
Rates for Station
Cooks
|
SWC 2002
|
SWC 2003
|
SWC 2003
|
|
|
Amount
|
Adjustment
|
Amount
|
|
|
$
|
$
|
$
|
50(b)
|
Cook who cooks for 13 persons or less on the
|
|
|
|
|
average of the week
|
431.40
|
17.00
|
448.40
|
The cook shall not be included when counting the average
number of persons cooked for.
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
Amount
|
No.
|
No.
|
|
$
|
1
|
18(d)
|
Learner's comb/cutters allowance
|
7.90 per week
|
2
|
22(a)(ii)
|
Sleeping quarters allowance
|
30.80 per night
|
3
|
22(a)(ii)
|
Excess travelling time allowance
|
10.95 per hour
|
4
|
22(b)(i)
|
Travelling allowance
|
8.25 per day
|
|
|
(Shearers/Crutchers only)
|
|
5
|
22(b)(ii)
|
Vehicle allowance
|
0.25 per km
|
6
|
23(d)(i) and
|
Meat charge (if supplied by the employer)
|
0.38 per kg
|
|
54 (c)
|
|
|
7
|
26(a)
|
Breakdown of machinery allowance -
|
|
|
|
"not found"
|
113.90 per day
|
|
|
"found"
|
95.10 per day
|
|
|
With own handpiece -
|
|
|
|
"not found"
|
115.85
|
|
|
"found"
|
97.05
|
8
|
31(e)
|
Charge for injured sheep
|
1.32 per sheep
|
9
|
37(g)
|
Leaving forfeiture - Maximum
|
869.21
|
10
|
39(g)
|
Excess rate for waiting time - Leaving or
|
112.65 per day
|
|
|
discharge
|
|
11
|
39(h)
|
Excess rate for waiting time - Cut-out
|
112.65 per day
|
12
|
52(a)
|
Own horse allowance
|
1.90 per week
|
13
|
52(a)
|
Own saddle allowance
|
1.50 per week
|
14
|
52(c)(ii)
|
Jetting/spraying/swabbing sheep
|
0.85 per day
|
15
|
62
|
Meal Allowance-travelling
|
0.81 per day
|
16
|
62
|
Accommodation Allowance- travelling
|
2.55 per night
|
5. Delete Schedule
B, Formulae, and insert in lieu thereof the following:
SCHEDULE B
Formulae
Shearer's Formula
|
$
|
Total Rate
|
477.20
|
Plus 20% piecework allowance - total rate x 20%
|
95.44
|
Plus 20% casual loading
- total rate x 20%
|
95.44
|
Plus shearing industry allowance
|
208.15
|
- delays for wet weather
|
38.20
|
- travelling
|
59.50
|
- isolation and discomfort
|
73.60
|
- rations
|
36.85
|
Total
|
876.23
|
Rates per 100 conversion - total divided by 5
|
175.25
|
Plus disability allowance
|
1.35
|
Plus allowance for combs/ cutters
|
12.75
|
Total Rate per 100
|
189.35
|
Plus payment for handpiece
|
3.22
|
Total
|
192.57
|
|
|
Crutching Rates -
|
|
Full crutching at sheds:
|
|
29% of shearer’s per 100 rate
|
54.90
|
All other crutching at sheds:
|
|
23% of shearers per 100 rate
|
43.60
|
Full crutching other than at sheds:
|
|
25% of shearer’s per 100 rate
|
47.30
|
All other crutching other than at sheds:
|
|
20% of shearer’s per 100 rate
|
37.90
|
Wigging or ringing:
|
|
11% of shearer’s per 100 rate
|
20.80
|
Wigging or ringing in addition:
|
|
3% of shearer’s per 100 rate
|
5.70
|
Wigging and ringing:
|
|
18% of shearer’s per 100 rate
|
34.10
|
Wigging and ringing in addition:
|
|
5% of shearer’s per 100 rate
|
9.50
|
Cleaning bellies, etc:
|
|
2.5% of shearer’s per 100 rate
|
4.70
|
Lack of amenities allowance (per day)
|
6.15
|
Handpiece allowance (per 100)
|
1.07
|
|
Handpiece provided
|
Handpiece not
provided
|
|
$
|
$
|
Daily rate -
|
|
|
"Not found" - Old daily rate x
|
141.50
|
143.80
|
Shearer’s rate per 100 divided by old
|
|
|
shearer’s rate per 100
|
|
|
"Found" - Not found rate less found
|
122.90
|
125.20
|
deduction
|
|
|
Learners -
|
Per run
|
|
$
|
Inexperienced adult shed hand rate
|
35.80
|
Experienced adult shed hand rate
|
37.30
|
|
|
|
Per week
|
|
$
|
Combs and cutters allowance:
|
|
62.25% of shearer’s combs and cutters allowance per 100
|
7.95
|
|
|
Shearing Cook’s Formula -
|
|
Base rate
|
473.14
|
Safety Net Adjustment
|
17.00
|
Total Rate
|
490.14
|
Plus 20% casual loading - total rate x 20%
|
98.03
|
Plus 20% long hours allowance - total rate x 20
|
98.03
|
Plus shearing industry allowance
|
132.80
|
Travelling
|
59.30
|
Isolation / discomfort
|
73.50
|
Total
|
819.00
|
Daily rate - total divided by 5
|
163.80
|
Per employee per day rate - daily rate divided by 13
|
12.60
|
|
|
Shed Hands (Adult) Formula -
|
|
With less than 65 work days experience:
|
Amount
|
|
$
|
Base Rate
|
406.38
|
Safety Net Adjustment
|
17.00
|
|
|
Total Rate
|
423.38
|
Plus 20% casual loading - new base wage rate x 20%
|
84.68
|
Plus shearing industry allowance
|
207.90
|
- delays for wet weather
|
38.10
|
- travelling
|
59.40
|
- isolation/discomfort
|
73.60
|
- rations
|
36.80
|
Total
|
715.96
|
Per run - total divided by 20
|
35.80
|
With more than 65 work days experience:
|
|
Base rate
|
431.42
|
Safety Net Adjustment
|
17.00
|
Total rate
|
448.42
|
Plus 20% casual loading - new base wage rate x 20%
|
89.68
|
Plus shearing industry allowance
|
207.90
|
- delays for wet weather
|
38.10
|
- travelling
|
59.40
|
- isolation/discomfort
|
73.60
|
- rations
|
36.80
|
Total
|
746.00
|
Per run - total divided by 20
|
37.30
|
|
|
Juniors:
|
|
18-20 years:
|
|
With 65 work days or more experience as shed hand
|
|
- 90% of equivalent adult rate
|
33.55
|
With less than 65 work days experience as a shed hand
|
|
-90% of equivalent adult rate
|
32.20
|
Under 18 years:
|
|
With 65 work days or more experience as shed hand
|
|
- 70% of equivalent rate
|
26.10
|
With less than 65 work days experience as a shed hand
|
|
- 70% of equivalent adult rate
|
25.05
|
Woolpresser’s
Formula
|
Piecework
|
Timework
|
|
$
|
$
|
Base Rate
|
436.80
|
456.45
|
Safety Net Adjustment
|
17.00
|
17.00
|
Total
|
453.80
|
473.45
|
Plus 20% piecework allowance
|
|
|
- total rate x 20%
|
90.76
|
94.69
|
Plus 20% casual loading -
|
|
|
total rate x 20%
|
90.76
|
|
Plus shearing industry allowance
|
207.90
|
207.90
|
- delays for wet weather
|
38.10
|
38.10
|
- travelling
|
59.40
|
59.40
|
- isolation/discomfort
|
73.60
|
73.60
|
- rations
|
36.80
|
36.80
|
Total per week
|
843.22
|
776.04
|
|
|
|
Per run - total divided by 20
|
42.16
|
38.80
|
- by hand - per bale - total divided
|
|
|
by 70
|
12.05
|
|
- by hand - per kilo - rate divided
|
|
|
by 152.4
|
0.0791
|
|
- by power - per bale - by hand per
|
|
|
bale rate x 2/3
|
8.03
|
|
- by power - per kilo - rate divided
|
|
|
by 152.4
|
0.0527
|
|
Additional Rates -
|
Per day
|
|
$
|
Found deduction - cooks per employee per day rate plus
$6.00 per rations
|
18.60
|
Breakdown allowance - old rate x shearer’s rate per 100
divided by old
|
|
shearer’s rate per 100:
|
|
- Not found - handpiece provided
|
113.90
|
- handpiece not provided
|
115.85
|
- Found - handpiece provided
|
95.10
|
- handpiece not provided
|
97.05
|
Waiting time - old rate x shearer’s rate per 100 divided
by old shearer’s
|
|
rate per 100
|
113.90
|
Absence from work - shearer’s weekly wage equivalent (rate
per 100 x 5)
|
946.75
|
6. Insert after
Schedule "B"- Formulae, the following new Schedule C.
SCHEDULE C
Economic
Incapacity
(1) Employers
listed in this Schedule have been granted a postponement in the payment of
wages and allowance increases flowing from the State Wage Case 2003 Decision in
respect of employees engaged pursuant to Section II- Station Hands of the
Award due to adverse economic
circumstances as a consequence of drought. The list can be added to or
subtracted from at any time subject to a ruling of the Industrial Relations
Commission of New South Wales. The postponement commences from the date the
application is approved until 1 August 2004 subject to the capacity to make a
further application at that time.
(2) Applications
will be dealt with by the Industrial Relations Commission of New South Wales in
accordance with the process outlined in the Decision of Vice President Ross of
the Australian Industrial Relations Commission in PR 940769 (19 November 2003)
on the proviso that any reference in that Decision to industrial tribunals,
industrial provisions or principles in the jurisdiction of the Commonwealth of
Australia shall be read as referring, where practicable, to its State
counterpart in New South Wales.
(3) The wages to
be paid by the employers listed in the Schedule relate to Section II- Station
Hand employees. The following wage rates and allowances correspond to the
relevant clauses in this Award:
In clause 50(a)(i)(1) - $431.40
In clause 50(a)(i)(2) - $456.40
In clause 50(a)(i)(3) - $481.50
In clause 50(a)(i)(4) - $525.40
In clause 50(a)(i) - $77.05
In clause 50(b) - $431.40
In clause 52(a) - $1.85 and $1.45 respectively
In clause 52(c) - $0.82
In clause 62 - $0.79 and $2.45 respectively.
(4) The Commission
has approved the application to postpone wage and allowance increases in
accordance with clauses 1 and 2 of this Schedule to the following employers:
Employer Name
|
Employer Address
|
Operative Date
|
7. This
variation shall take effect from the beginning of the first full pay period to commence
on or after 31 December 2003.
I. W. CAMBRIDGE,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.