POULTRY FARM EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5599 of 2003)

 

 

REVIEWED AWARD

 

1.          Renumber in the Arrangement of the award published 12 April 2001 (323 I.G.1069) clause 30A, Deduction of Union Membership to read as clause 31 and renumber the existing clause 31, Area, Incidence and Duration to read as clause 32.

 

31.       Deduction of Union Membership Fees

32.       Area, Incidence and Duration

 

2.          Delete subclause (vii) of clause 2, Hours and insert in lieu thereof the following:

 

(vii)      Flock changeover/transfer - Subject to the provisions of subclause (i) of this clause, hours worked by employers in or in connection with flock changeover and/or flock transfer (provided that such flock transfers number no more than three per annum), shall be remunerated at the ordinary rate of pay applicable to ordinary hours worked on any Monday to Friday. A maximum of ten ordinary hours in ay 24-hour period may be worked, in connection with this clause.  However, an employees who commences work under this subclause immediately following or immediately prior to the employees' ordinary rostered hours shall be paid in accordance with clause 8, Overtime.

 

3.          Delete subclause (iv) of clause 8, Overtime and renumber subsequent subclauses accordingly.

 

4.          Delete subclause (ii) of clause 17, Payment of Wages and insert in lieu thereof the following:

 

(ii)        When an employee's services are terminated for reasons other than misconduct, the employee, shall be paid immediately on such termination all moneys due or, failing immediate payment, the employee shall be paid at the rate of the classification under which the employee was 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 the employee shall be paid at the rate of the classification under which last employed for all time until such payment is made.  A casual employee, may request to be paid on the termination of work each day of engagement.

 

5.          Delete subclause (ii) of clause 23, Superannuation and insert in lieu thereof the following:

 

(ii)        The employer shall be a participation employer in any of the following funds:

 

Australian Public Superannuation (APS);

 

Australian Superannuation Savings Employment Trust (ASSET);

 

Australian Primary Industry Superannuation Fund (APISF),

 

such other funds that comply with the requirements of the legislation and shall participate in accordance with the Trust Deed of that fund.

 

6.          Delete paragraph (b) of subclause (iii) of clause 24, Redundancy and insert in lieu thereof the following:

 

(b)        The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause (ii).

 

7.          Delete subclause (xi) of clause 24, Redundancy and insert in lieu thereof the following:

 

(xi)       Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of employees likely to be affected and the period over which the terminations are intended to be carried out.

 

8.          Delete subclause (xiv) of clause 24, Redundancy and insert in lieu thereof the following:

 

(xiv)     Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause.

 

The 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 the said paragraph (a) will have on the employer.

 

9.          Delete subclause (xv) of clause 24, Redundancy and insert in lieu thereof the following:

 

(xv)      Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said subclause (xiii) if the employer obtains acceptable alternative employment for an employee.

 

10.        Delete clause 31, Area, Incidence and Duration and insert in lieu thereof the following:

 

32.  Area, Incidence and Duration

 

This award is made 15 December 2000.  It rescinds and replaces the Poultry Employees (State) Award published 10 March 1995 (284 I.G. 483) and all variations thereof.  It shall apply to all employee engaged on the classes of work specified in clause 4, Wages, within the jurisdiction of the Poultry Farm Employees (State) Industrial Committee.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 7 January 2004.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

 

 

R. W. HARRISON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.