BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(519)

SERIAL C3975

PASTORAL EMPLOYEES (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by The Australian Workers' Union, New South Wales, an industrial organisation of employees.

(No. IRC 4162 of 2005)

Before The Honourable Justice Schmidt

15 August 2005

VARIATION

1. Delete subclause (a) of clause 74, Safety Net and State Wage Case Commitments, of the award published 26 October 2001 (328 I.G. 1188) and insert in lieu thereof the following:

(a) The rates of pay in this award include the adjustments payable under the State Wage Case 2005. These adjustments may be offset against:

(i) any equivalent over-award payments; and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

2. 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	202.85 per 100
	With own handpiece	206.21 per 100
10(a)(viii)	If "found":
	The rates prescribed for "not found" in clause 10 (a)(i) less	19.50 per day
10(a)(ix)	Engagement by the day, handpiece provided:
	"Not found"	151.60 per day
	"Found"	132.10 per day
	"Found" If using own handpiece:
	"Not found"	154.00 per day
	"Found"	134.50 per day

Clause No.	Rates for Crutching	Rate per 100	Rates per 100
		at sheds	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
	giving up to two blows above the tail	58.80	50.70
	All other crutching	46.65	40.60
	For wigging or ringing	22.30	22.30
	For either wigging or ringing in addition
	to crutching - crutching rates plus	6.10	6.10
	For wigging and ringing	36.50	36.50
	For wigging and ringing in addition to crutching
	- crutching rates plus	10.15	10.15
	For clearing the belly of any ewe above the teats
	(not more than two blows of the machine or
	shears) - crutching rates plus	5.10	5.10
	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	1.12 per 100	1.12 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 Not"found" -
	Piecework rates	151.60	151.60
	Use of own handpiece	154.00	154.00
11(c)	Per Day:
	If "found", the rates as per piecework rates
	above less	19.50 per day	19.50 per day

Clause No.	Rates for Shed Hands	Per Run
		$
12	If "not found" -
	Adults:
	For adults with 65 days or more experience as a shed hand	40.10
	For adults with less than 65 days experience as a shed hand	38.60
	Juniors -
	18 to 20 years -
	With 65 work days or more experience as a shed hand	36.10
	With less than 65 work days experience as a shed hand	34.75
	Under 18 years -
	With 65 work days experience as a shed hand	28.05
	With less than 65 work days experience as a shed hand	27.00
	If "found" -
	The rates prescribed for adults for "not found" less	19.50

Clause No.	Rates for Woolpressers	Per Kilo	Per Bale
		$	$
13(a)(i)	If "not found" -
	For pressing:
	By hand	0.0850	12.96
	By power	0.0567	8.64
13(a)(ii)	For weighing and branding bales Minimum weekly rate		0.26 per bale extra
	(per run x no. of runs)		41.65 per run
13(a)(v)	If "found" -
	The rates prescribed for "not found" in clause 13 (a)(i)(ii) less		19.50 per day
13(c)	Woolpressers engaged at timework rates:
	If "not found"		41.65 Per run
	If "found" - the rate prescribed for "not found" less		19.50 per run

Clause No.	Rates for Shearing Cooks	Per Week
		$
14(a)	If "found" -
	Cooking for up to 13 persons	174.64 per day
	Cooking for 13 person and over	13.51 per person per day

Clause No.	Rates for Station Hands	SWC 2004	SWC 2005	SWC 2005
		Amount	Adjustment	Amount
		$	$	$
50(a)(i)(1)	Without keep -
	Station Hand Grade 1	467.40	17.00	484.40
50(a)(i)(2)	General Station Hand
	Grade 2	492.40	17.00	509.40
50(a)(i)(3)	Senior Station Hand
	Grade 3	517.50	17.00	534.50
50(a)(i)(4)	Rural Tradesperson	561.40	17.00	578.40
50(a)(iii)	Adult Station Hand engaged by the day
	Without keep			14.07 per hour
	With keep -
	The weekly rates prescribed above, less		82.30	84.75

Clause No.	Rates for Station Cooks	SWC 2004	SWC 2005	SWC 2005
		Amount	Adjustment	Amount
		$	$	$
50(b)	Cook who cooks for 13 persons
	or less on the average of the week	467.40	17.00	484.40

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	8.25 per week
2	22(a)(ii)	Sleeping quarters allowance	32.10 per night
3	22(a)(ii)	Excess travelling time allowance	10.95 per hour
4	22(b)(i)	Travelling allowance (Shearers/Crutchers only)	8.25 per day
5	22(b)(ii)	Vehicle allowance	0.26 per km
6	23(d)(i) & 54 (c)	Meat charge (if supplied by the employer)	0.38 per kg
7	26(a)	Breakdown of machinery allowance -
		"not found"	122.00 per day
		"found"	101.85 per day
		With own handpiece -
		"not found"	124.05
		"found"	103.90
8	31(e)	Charge for injured sheep	1.41 per sheep
9	37(g)	Leaving forfeiture - Maximum	926.62
10	39(g)	Excess rate for waiting time - Leaving or discharge	120.10 per day
11	39(h)	Excess rate for waiting time - Cut-out	120.10 per day
12	52(a)	Own horse allowance	2.00 per week
13	52(a)	Own saddle allowance	1.60 per week
14	52(c)	Jetting/spraying/swabbing sheep	0.93 per day
15	62	Meal Allowance-travelling	0.87 per day
16	62	Accommodation Allowance- travelling	2.65 per night

3. Delete Schedule B, Formula and insert in lieu thereof the following:

SCHEDULE B

FORMULA

Shearer's Formula

		$
Total Rate		513.20
Plus 20% piecework allowance - total rate x 20%		102.64
Plus 20% casual loading - total rate x 20%		102.64
Plus shearing industry allowance		222.00
- delays for wet weather		40.75
- travelling		63.45
- isolation and discomfort		78.50
- rations		39.30
Total		940.48
Rates per 100 conversion - total divided by 5		188.10
Plus disability allowance		1.45
Plus allowance for combs/ cutters		13.30
Total Rate per 100		202.85
Plus payment for handpiece		3.36
Total		206.21

Crutching Rates -
Full crutching at sheds: 29% of shearer’s per 100 rate		58.80
All other crutching at sheds: 23% of shearers per 100 rate		46.65
Full crutching other than at sheds: 25% of shearer’s per 100 rate		50.70
All other crutching other than at sheds: 20% of shearer’s per 100 rate		40.60
Wigging or ringing: 11% of shearer’s per 100 rate		22.30
Wigging or ringing in addition: 3% of shearer’s per 100 rate		6.10
Wigging and ringing: 18% of shearer’s per 100 rate		36.50
Wigging and ringing in addition: 5% of shearer’s per 100 rate		10.15
Cleaning bellies, etc: 2.5% of shearer’s per 100 rate		5.10
Lack of amenities allowance (per day)		6.55
Handpiece allowance (per 100)		1.12
	Handpiece provided	Handpiece not provided
	$	$
Daily rate -
"Not found" - Old daily rate x Shearer’s rate per 100	151.60	154.00
divided by old shearer’s rate per 100
"Found" - Not found rate less found deduction	132.10	134.50
Learners -		Per run
		$
Inexperienced adult shed hand rate		38.60
Experienced adult shed hand rate		40.10
		Per week
		$
Combs and cutters allowance:
62.25% of shearer’s combs and cutters allowance per 100		8.30
Shearing Cook’s Formula -
Base rate		509.14
Safety Net Adjustment		17.00
Total Rate		526.14
Plus 20% casual loading - total rate x 20%		105.23
Plus 20% long hours allowance - total rate x 20		105.23
Plus shearing industry allowance		141.60
Travelling		63.20
Isolation / discomfort		78.40
Total		878.20
Daily rate - total divided by 5		175.64
Per employee per day rate - daily rate divided by 13		13.51
Shed Hands (Adult) Formula -		Amount
With less than 65 work days experience:		$
Base Rate		442.38
Safety Net Adjustment		17.00
Total Rate		459.38
Plus 20% casual loading - new base wage rate x 20%		91.88
Plus shearing industry allowance		221.60
- delays for wet weather		40.60
- travelling		63.30
- isolation/discomfort		78.50
- rations		39.20
Total		772.86
Per run - total divided by 20		38.60
With more than 65 work days experience:
Base rate		467.42
Safety Net Adjustment		17.00
Total rate		484.42
Plus 20% casual loading - new base wage rate x 20%		96.88
Plus shearing industry allowance		221.60
- delays for wet weather		40.60
- travelling		63.30
- isolation/discomfort		78.50
- rations		39.20
Total		802.90
Per run - total divided by 20		40.10
Juniors:
18-20 years:
With 65 work days or more experience as shed hand		36.10
- 90% of equivalent adult rate
With less than 65 work days experience as a shed hand		34.75
-90% of equivalent adult rate
Under 18 years:
With 65 work days or more experience as shed hand		28.05
- 70% of equivalent rate
With less than 65 work days experience as a shed hand		27.00
- 70% of equivalent adult rate

Woolpresser’s Formula	Piecework	Timework
	$	$
Base Rate	472.80	492.45
Safety Net Adjustment	17.00	17.00
Total	489.80	509.45
Plus 20% piecework allowance- total rate x 20%	97.96	101.89
Plus 20% casual loading - total rate x 20%	97.96
Plus shearing industry allowance	221.60	221.60
- delays for wet weather	40.60	40.60
- travelling	63.30	63.30
- isolation/discomfort	78.50	78.50
- rations	39.20	39.20
Total per week	907.32	832.94
Per run - total divided by 20	45.37	41.65
- by hand - per bale - total divided by 70	12.96
- by hand - per kilo - rate divided by 152.4	0.0850
- by power - per bale - by hand per bale rate x 2/3	8.64
- by power - per kilo - rate divided by 152.4	0.0567
Additional Rates -		Per day
		$
Found deduction - cooks per employee per day rate plus $6.00 per rations		19.50
Breakdown allowance - old rate x shearer’s rate per 100 divided by old
shearer’s rate per 100:
- Not found - handpiece provided		122.00
- handpiece not provided		124.05
- Found - handpiece provided		101.85
- handpiece not provided		103.90
Waiting time - old rate x shearer’s rate per 100 divided by old shearer’s rate		122.00
per 100
Absence from work - shearer’s weekly wage equivalent (rate per 100 x 5)		1014.25

4. Delete Schedule C and insert in lieu thereof the following:

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 2005 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 2006 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:

Clause No.	Rate
	$
50(a)(i)(1)	467.40
50(a)(i)(2)	492.40
50(a)(i)(3)	517.50
50(a)(i)(4)	561.40
50(a)(i)	82.30
50(b)	467.40
52(a)	1.95 and 1.55 respectively
52(c)	0.90
62	0.84 and 2.55 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

5. This variation shall take effect from the beginning of the first full pay period to commence on or after 31 December 2005.

M. SCHMIDT J.

____________________

Printed by the authority of the Industrial Registrar.

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