ANIMAL FOOD MAKERS, &c. (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1799 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete the Arrangement of the award published 1 June 2001 (325 I.G. 112), and insert in lieu thereof the following:

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Conditions of Employment

4.         Disputes Procedure

5.         Adult Weekly Rates

6.         Undertakings

7.         Junior Rates

8.         Proportion of Juniors

9.         Special Rates

10.       Sunday and Holiday Rates

11.       Mixed Functions

12.       Hours - Day Work

13.       Hours - Shiftwork

14.       Overtime

15.       Travelling

16.       Attendance at Certificate of Food Processing Training Course

17.       Public Holidays

18.       Annual Leave

19.       Annual Leave Loading

20.       Sick Leave

21.       Personal/Carer's Leave

22.       Accident Pay

23.       Bereavement Leave

24.       Jury Service

25.       Safety Precautions

26.       First-aid Attendant

27.       Fire Officer

28.       Supply of Overall, Tools, etc.

29.       Payment of Wages

29A.    Deduction and Remittance of Union Membership Fees

30.       Time and Wages Book

31.       Amenities and Safety

32.       Notice Boards

33.       Existing Conditions

34.       Copy of Award, etc.

35.       Infirm Workers

36.       Redundancy

37.       Long Service Leave

38.       Workplace Consultation

39.       Enterprise Arrangements

40.       Anti-Discrimination

41.       Superannuation

42.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Feed Miller in Charge of Shift

Table 2 - Feed Mill Operative

Table 3 - General

Table 4 - Other Rates and Allowances

 

Appendix 1 - Disciplinary Procedure

 

2.          Delete paragraph (i), of subclause (12), of clause 2, Definitions, and insert in lieu thereof the following:

 

(i)         when two or more drivers are employed at the plant at one time and they are the driver invested with the superintendence and responsibility.

 

3.          Delete subclause (13), of clause 2, Definitions, and insert in lieu thereof the following:

 

(13)      Fireperson/Boiler Attendant means an employee who is mainly engaged in operating steam raising plant.

 

4.          Delete subclause (i), of clause 5, Adult Weekly Rates, and insert in lieu thereof the following:

 

(i)         Current minimum rates are set out in Tables 1, 2 and 3 - Rates of Pay of Part B - Monetary Rates, of this Award.

 

5.          Delete clause 7, Junior Rates, and insert in lieu thereof the following:

 

7.  Junior Rates

 

(a)        Junior Employee (Other than Laboratory Assistants)

 

(i)         The minimum rates of pay shall be as follows:

 

 

(ii)        No junior under the age of 16 years shall be employed in a mill.

 

(iii)       No junior under the age of 18 years shall be employed as a packerperson/packer except as an assistant and the junior shall then not be required to pack more than 1,100 kilograms of mill products per hour;  provided that any such junior may relieve a packer at meal times.

 

(b)        Junior Laboratory Assistants:

 

 

(c)        The rates prescribed by sub-clauses (a) and (b) of this clause shall be calculated to the nearest 5 cents per week, any broken part of 5 cents in the result not exceeding 2.5 cents to be disregarded."

 

6.          Delete clause 9, Special Rates, and insert in lieu thereof the following:

 

9.  Special Rates

 

(a)        Dusty Conditions, etc. - Employees whose duties require them to work in dusty conditions and/or in the handling, carrying or tipping of offensive materials (other than by mechanical means) shall be paid an allowance of the amount specified in Item 1 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

(b)        Unusually and Excessively Dirty or Dusty Conditions - Where the manager and representative of the Association agree that the work being performed is unusually and excessively dirty or dusty, an allowance shall be paid of the amount specified in Item 2 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

(c)        Handling Grain -

 

(i)         Employees engaged in discharging bulk grain from trucks to hoppers or in handling bulk grain in bins, silos, or tunnels or in shooting bagged grain to silos, bins and/or hoppers, shall be paid an extra rate of the amount specified in Item 3 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award, per hour or part of an hour in addition to their ordinary or overtime rates for the time so engaged.

 

(ii)        Employees working adjacent to an employee discharging bulk grain to hoppers where dust is prevalent shall be paid an extra rate of the amount specified in Item 4 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates, of this Award per hour or part of an hour for the time so engaged.  The question as to the existence of dust shall be determined by agreement between the mill manager and the representative of the Association at each mill.

 

(d)        Carrying Bagged Products - Weekly and casual employees engaged in carrying bagged products weighting in excess of 70 kilograms shall be paid an allowance of the amount specified in Item 5 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award per hour during ordinary hours in addition to the weekly or casual rates prescribed elsewhere in this Award.

 

(e)        Bag Cleaning - Employees engaged in cleaning bags, other than by machine, shall be paid an allowance of the amount specified in Item 6 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates, of this Award, per day or part of a day in addition to their ordinary or overtime rate for the time so engaged.

 

(f)         Containers - Employees whilst stacking mill products, shall be paid an allowance of the amount specified in Item 7 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award per hour or part of an hour for the time so engaged.

 

(g)        Boiler Attendant Certificate - Where an employee (other than an employee classified as a fireperson/boiler attendant) holds a Boiler Attendant’s Certificate, the employee shall be paid an allowance of the amount specified in Item 8 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award per week for any week during which the employee is required by the employer to act on such certificate;  such amount shall not be subject to any premium or penalty additions nor shall it be payable in addition to any amount payable to the employee whilst the employee is on annual leave.

 

(h)        Boiler Cleaner - Any person engaged inside the gas or water space of any boiler, flue or economizer in cleaning or scraping work shall, whilst so engaged, be paid an allowance of the amount specified in Item 9 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award per hour in addition to the employees ordinary or overtime rate of pay.

 

(i)         Silo and Bin Cleaner - Any person engaged inside the space of any bin or silo in cleaning work shall, whilst so engaged, be paid an allowance of the amount specified in Item 10 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award per hour in addition to the employee’s ordinary or overtime rate of pay.

 

NOTE:  It is agreed between the parties that a site where the dust allowances prescribed by subclause (a), Dusty Conditions, etc. are paid to the employees at the site as a form of over-award payments, such dust allowance will be absorbed into Supplementary Payments increases along with other overaward payments at the time of the insertion of Minimum Rates Adjustments."

 

7.          Delete subclauses (f) and (j), of clause 10, Sunday and Holiday Rates, and insert in lieu thereof the following:

 

(f)         By agreement between the employer and the majority of their employees concerned, the ordinary hours of a night shift may be worked to commence not earlier than 11.00 p.m. on the Sunday or a holiday in a week in which a holiday falls or is observed, without payment of penalty rates, in lieu of working a night shift which would run into the day on which a holiday falls or is observed in such week.

 

(j)         In addition to the crib time allowed in accordance with subclause (i) of this clause, an employee shall be paid a meal allowance as set out in Item 11 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

8.          Delete the word "re" appearing in paragraph (i), of subclause (g), of clause 12, Hours - Day Work, and insert in lieu thereof the following:

 

are

 

9.          Delete paragraphs (i), (ii) and (iii) of subclause (c), of clause 13, Hours - Shiftwork, and insert in lieu thereof the following:

 

(i)         Employees whilst actually engaged during ordinary hours on afternoon shift shall be paid an amount per shift as set out in Item 12 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

(ii)        Employees whilst actually engaged during ordinary hours on rotating night shifts shall be paid an amount per shift as set out Item 13 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

NOTE  - The shift work rates are fixed in relation to 1/5th of the weekly rate prescribed by Grade 4 of Classification No. 3, Feed Mill Operative, of subclause (a) of clause 5, Adult Weekly Rates, in the following manner:-

 

Afternoon shifts	19.73%
Night shifts (rotating)	24.56%

 

Calculated to the nearest 1 cent per shift.

 

(iii)       Provided that any employee instructed by their employer to change shifts during any week shall be paid an additional amount as set out in Item 14 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award for each change but not for the change back again.

 

10.        Delete the words " subclause (k) of Appendix 2" appearing in paragraph (i) of subclause (h) of clause 13, Hours - Shiftwork, and insert in lieu thereof the following:

 

in Item 15 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

11.        Delete the words "subclause (h)" appearing in paragraph (ii), of subclause (k), of clause 13, Hours - Shiftwork, and insert in lieu thereof the following:

 

subclause (i)

 

12.        Delete the word "his" appearing in paragraph (ii), of subclause (a), of clause 14, Overtime and insert in lieu thereof the following:

 

his/her

 

13.        Delete the words "at subclause (q) of Appendix 2 - Special Rates" appearing in paragraph (iv), of subclause (g), of clause 14, Overtime, and insert in lieu thereof the following:

 

in Item 16 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

14.        Delete the words "subclause (n) of Appendix 2" appearing in subclause (c), of clause 15, Travelling, and insert in lieu thereof the following:

 

Item 17 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

 

15.        Delete the words "Eight Hour Day or" appearing in subclause (a), of clause 17, Public Holidays.

 

16.        Delete paragraph (iv), of subclause (a), of clause 17, Public Holidays, and insert in lieu thereof the following:

 

(iv)       Where in accordance with paragraph (ii) or paragraph (iii) of this subclause the observance of Boxing Day or New Years Day is transferred from the Saturday or Sunday on which it falls by the calendar, the said Saturday or Sunday shall be deemed not to be a holiday for the purposes of this clause; but where in accordance with paragraph (i) of this subclause it is Christmas Day which so falls on a Saturday or Sunday and its observance is transferred to the following Monday, the said Saturday or Sunday on which Christmas Day falls by the calendar, shall be deemed to be an award holiday, and any work performed thereon shall be paid for pursuant to sub-clause (b) of clause 12, Hours - Daywork.

 

17.        Delete the words "subclauses 12(i), (ii) or (iii)" appearing in subclause (f), of clause 17, Public Holidays, and insert in lieu thereof the following:

 

subclauses 12(a)(i), 12(a)(ii) or 12(a)(iii)

 

18.        Delete subclause (i), of clause 18, Annual Leave and  insert in lieu thereof the following:

 

See Annual Holidays Act 1944, as amended.

 

19.        Delete the words "their employee" appearing in subclause (ii), of clause 19, Annual Leave Loading, and insert in lieu thereof the following:

 

the employee

 

20.        Delete the word "him" in appearing in paragraph (b), of subclause (vii), of clause 19, Annual Leave Loading, and insert in lieu thereof the following:

 

the employee

 

21.        Delete the words "his" in appearing in paragraph (b), of subclause (vii), of clause 19, Annual Leave Loading, and insert in lieu thereof the following:

 

their

 

22.        Delete the words "his" in appearing in paragraph (i), of subclause (a), of clause 20, Sick Leave, and insert in lieu thereof the following:

 

their

 

23.        Delete the words "his" in appearing in paragraph (ii), of subclause (a), of clause 20, Sick Leave, and insert in lieu thereof the following:

 

the employee's

 

24.        Delete subclause (c), of clause 22, Accident Pay, and insert in lieu thereof the following:

 

(c)        An employer shall pay its employee accident pay where the employee receives an injury for which compensation is payable by or on behalf of the employer pursuant to the provisions of the said Act.

 

25.        Delete the words "subclause (l) of Appendix 2" appearing in clause 26, First-Aid Attendant, and insert in lieu thereof the following:

 

Item 18 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award

 

26.        Delete the words "subclause (o) of Appendix 2" appearing in clause 27, Fire Officer, and insert in lieu thereof the following:

 

Item 19 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award

 

27.        Delete the words "subclause (m) of Appendix 2" appearing in subclause (a), clause 28, Supply of Overalls, Tools, etc, and insert in lieu thereof the following:

 

Item 20 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award

 

28.        Delete the word "or" appearing in the last sentence in subclause (a), of clause 28, Supply of Overalls, Tools, etc. and insert in lieu thereof the following:

 

for

 

29.        Delete the words "subclause (m) of Appendix 2" appearing in subclause (b), clause 28, Supply of Overalls, Tools, etc, and insert in lieu thereof the following:

 

Item 21 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award

 

30.        Delete the words "subclause (m) of Appendix 2" appearing in subclause (f), clause 28, Supply of Overalls, Tools, etc. and insert in lieu thereof the following:

 

Item 22 of Table 4 - Other Rates and Allowances of Part B - Monetary Rates of this Award

 

 

31.        Delete the word "his" appearing in paragraph (i), of subclause (b), of clause 29, Payment of Wages, and insert in lieu thereof the following:

 

his/her

 

32.        Delete the clause 30, Time and Wages Book and insert in lieu thereof the following:

 

30.  Time and Wages Book

 

See the Industrial Relations Act 1996, as amended.

 

33.        Delete the word "outfit" wherever appearing in subclause (iii), of clause 31, Amenities and Safety, and insert in lieu thereof the following:

 

kit

 

34.        Delete clause 35, Aged or Infirmed Workers and insert in lieu thereof the following:

 

35.  Infirm Workers

 

Refer to Section 125 of the Industrial Relations Act 1996.

 

35.        Delete the words "Department of Social Security" wherever appearing in paragraph (g), of subclause (iv), of clause 36, Redundancy, and insert in lieu thereof the following:

 

Centrelink

 

36.        Delete clause 39, Enterprise Arrangements, and insert in lieu thereof the following:

 

39.  Enterprise Arrangements

 

See the enterprise arrangements principle of the State Wage Case Fixing Principles.

 

 

37.        Delete subclause (d), of clause 42, Area, Incidence and Duration, and insert in lieu thereof the following:

 

(d)        The changes made to the Award pursuant to the Award Review under 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 New South Wales on 18 December 1998 (85 I.R. 38) take effect on and from 9 August 2004.

 

38.        Delete Schedule A - Awards and Variation Incorporated.

 

39.        Delete Schedule B - Changes made on Review.

 

40.        Insert after Table 3 General, of Part B Monetary Rates the following new Table:

 

Table 4 - Other Rates and Allowances

 

 

41.        Rename the existing Appendix 4 - Disciplinary Procedure to read as Appendix 1.

 

Appendix 1 - Disciplinary Procedure

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.