Bacon
Factory Employees (Cumberland) Consolidated Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1523 of 2007)
|
Before Commissioner
Bishop
|
4 February 2008
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours of
Work
3. Meal
Breaks
4. Wages
5. Arbitrated
Safety Net Adjustment
6. Undertakings
7. Working
in Cold Temperatures
8. Overtime
9. Mixed
Functions
10. Sundays
and Holidays
11. Annual
Leave
12. Annual
Holidays Loading
13. Long
Service Leave
14. Sick Leave
15. Personal/Carer’s
Leave
15A. Parental
Leave
16. Bereavement
Leave
17. Terms of
Employment
18. Payment of
Wages
19. Rest
Pauses
20. Supply of
Special Clothing, Knives and Accessories
21. Redundancy
22. Anti -
Discrimination
23. Enterprise
Arrangements
24. Grievance
Procedure
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
PART A
1. Definitions
Unless the context otherwise indicates or requires, the
expressions below shall have the respective meanings assigned to them:
(i) "Casual"
shall mean an employee engaged by the day.
(ii) "Union"
shall mean The Australasian Meat Industry Employees' Union, New South Wales
Branch.
2. Hours of Work
(i) Weekly
Full-time Employees -
(a) The ordinary
hours of work for full-time workers, exclusive of meal breaks, shall not exceed
an average of forty per week.
(b) Ordinary hours
shall be worked between 6.00 a.m. and 6.00 p.m. Monday to Friday, inclusive.
(c) The ordinary
hours may vary from worker to worker and from section to section within the
enterprise, by agreement between the employer and the employee(s).
3. Meal Breaks
(i) Employees
shall be allowed not less than thirty minutes nor more than one hour between
the hours of 11.30 a.m. and 2.00 p.m. on each working day for the purpose of
taking a meal.
(ii) Such meals
for all employees may be staggered by the employer within each particular work
area in order that full production may be maintained wherever possible.
(iii) Any employee
who is called upon to work for more than two hours after the employee’s normal
ceasing time shall be allowed not less than thirty minutes for a meal break,
which shall be taken immediately after the normal ceasing time: Provided however, that the employees may, at
their option, agree to work up to two hours after their normal ceasing time
without taking such a meal: Provided further than no employee shall be required
to work more than four hours' overtime without a break for a meal.
(iv) If no meal
break or less than the prescribed meal break is allowed the employee shall be
paid for the time so worked at the rate of double time of the appropriate rate of
pay.
(v) An employee,
who has not been notified on the immediately preceding work day that the
employee will be required to work overtime on any day for more than one and
one-half hours, shall be provided with a meal by the employer or in lieu
thereof shall be paid the sum at Item 1 of table 2 - Other Rates and Allowances
of Part B - Monetary Rates of this Award for the first meal and each subsequent
meal. Any employee who has provided themselves with a meal after being notified
and who is not then required to work after the normal ceasing time shall be
paid the sum at Item 1 of Table 2 - Other Rates and Allowances of Part B
Monetary Rates of this Award.
(vi) Except as
provided in subclause (ii) of this clause, not more than five hours shall be
worked without a break for a meal.
4. Wages
(i) Adult
Employees - The minimum rates of pay to be paid to adult weekly full-time
employees shall be as set out in Table 1 - Wage Rates, of Part B of this Award.
(ii) Part-time
Employees:
A part-time employee shall be paid an hourly rate
ascertained by dividing the weekly rate payable under Table 1 by 40.
(iii) Casual
Employees:
The hourly rate for a casual employee shall be
ascertained by dividing the weekly rate payable under Table 1 plus 15 per cent,
by 40.
NOTATION: Casual Employees are entitled to an
additional 1/12th of ordinary pay pursuant to the Annual Holidays Act
1944.
(iv) Junior
Employees -
(a) Junior
employees shall be employed in such proportion to adult employees as may be
agreed upon between the employer and the union.
(b) The minimum
rates of pay to be paid to junior employees shall be the following percentages
of the appropriate rate of pay prescribed for the equivalent adult
classification:
|
|
Per week
|
|
|
Percent (%)
|
|
Under 17 years of age
|
75%
|
|
At 17 years of age
|
85%
|
|
At 18 years of age
|
90%
|
|
At 19 years of age
|
95%
|
|
At 20 years of age
|
100%
|
(v) Leading Hands
- Employees employed as leading hands shall, in addition to the appropriate
rate of pay prescribed by this award, be paid the following: allowance at Item
2 of Table 2 Other Rates and Allowances and Part B Monetary Rates of this
Award. Provided that this subclause shall not apply to an employee classified
and paid as first curer, first employee cutting up and first employee washing,
smoking and drying.
5. Arbitrated Safety
Net Adjustment
State Wage Case Adjustment
The rates of pay in this award include adjustments payable
under the 2005, 2006 and 2007 State Wage Case Decisions. 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.
6. Undertakings
(i) Award
Modernisation -
(a) The parties
are committed to examining this award to ensure it reflects the need of modern
business and to eliminate or amend provisions which restrict the ability of
employers to adapt quickly and efficiently to changes affecting their business
and the provision of service to the consumer/customer.
(b) The parties
are committed to modernising the terms of the award so that it provides for
more flexible working arrangements, improves the quality of working life,
enhances skills and job satisfaction and assists positively in the
restructuring process.
(c) The union is
prepared to discuss with employers all matters raised by the union and the
employers for increased flexibility. As such any discussion with the union must
be premised on the understanding that:
(1) Changes will
not be of a negative cost-cutting nature.
(2) The
negotiations will include the union and employer associations.
(3) The union will
not unreasonably oppose agreement.
(4) If agreement
cannot be reached in the implementation process on a particular issue it shall
be referred to the Industrial Commission of New South Wales for resolution.
(d) The parties
agree that under this heading any award matter can be raised for discussion.
(e) Where any
agreement is reached pursuant to this clause earlier than 6 months from the
date of introduction of this clause the union will not oppose implementation of
the agreement in the award prior to the expiry of the 6 months.
(ii) Flexibility
of Work -
(a) Employees are
to perform a wider range of duties including work which is incidental or
peripheral to their main task or functions.
(b) Employees
shall perform such work as is reasonable and lawfully required of them by the
employer including accepting instruction from authorised personnel.
(c) Employees
shall take all reasonable steps to achieve quality, accuracy and completion of
any job or task assigned to the employee.
(d) Employees
shall not impose any restrictions or limitations on a reasonable review of work
methods or standard work times.
7. Working in Cold
Temperatures
(i) Each employee
shall be paid the allowance at Item 3 of Table 2 - Other Rates and Allowances
of Part B Monetary Rates of the Award per hour or part thereof, in addition to
his ordinary rate of pay, for time worked in a room wherein the temperature had
been artificially reduced below 1.667 degrees Celsius: Provided that if, when
commencing work in the morning, the temperature is below 1.667 degrees Celsius
no such additional sum shall be payable in respect thereof unless the
temperature remains at less than 1.667 degrees Celsius for at least one hour
after commencing work: Provided further that time worked which, on any day, is
less than thirty minutes in the aggregate shall be disregarded.
(ii) An employee
who is over-heated through working outside shall be allowed time to cool off
before being required to work in a temperature artificially reduced below 1.667
degrees Celsius.
(ii) No employee
shall be required to work in any room where a leak of ammonia exists.
(iv) For the
purpose of this clause the temperature of a room shall be the temperature of
the coldest part of such room.
8. Overtime
(i) Time worked
outside of or in excess of ordinary hours of work, prescribed by this award,
shall be paid for at time and one-half for the first two hours and double time
thereafter. In the computation of overtime each day shall stand alone.
(ii) Employees who
are required to attend and who do attend for work on Saturday shall be paid for
a minimum of two hours at the appropriate overtime rates.
(ii) It is a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
9. Mixed Functions
(i) An employee
who is required to perform on any day work for which a higher rate of wage than
that of the employee’s ordinary classification is prescribed shall be paid as
follows:
(a) If the
employee is required to perform such work for four 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 two hours or more, but for less
than four hours the employee shall be paid for one-half day the higher (or
highest, as the case may be) rate of wage prescribed for the work performed.
(c) 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. Provided that no
additional payment under this subclause need be made to an employee who is
required to perform, on any day, such higher paid work for not more than thirty
minutes because of the failure of another employee to present themselves for
work at their ordinary starting time.
(ii) An employee,
who is required to perform, on any day, work for which a lower rate of wage
than that of the employee’s ordinary classification is prescribed, shall suffer
no reduction in pay in consequence thereof.
10. Sundays and
Holidays
(i) The following
days shall be observed as holidays, namely: New Year's Day, Australia Day Good
Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day
Boxing Day, the Annual Picnic Day of The Australasian Meat Industry Employees'
Union, New South Wales Branch, or the days observed in lieu thereof and all
public holidays proclaimed for the whole of the State. Provided that by
agreement between the employer and employee(s) the above holidays may be
substituted for another day off.
(ii) No deduction
shall be made from the wage of a weekly employee who has not worked on any such
holiday. This subclause shall not apply to any employee who, without leave or
reasonable excuse, has not worked as required on the working day immediately
preceding and the working day immediately following the holiday. Where public
holidays fall on consecutive days an employee who works on either the working
day preceding or the working day succeeding such holiday, but not on both,
shall be entitled to payment for the public holidays closest to the said day on
which the employee worked.
(iii) Employees who
are required to attend and do attend for work on any of the public holidays
named in subclause (i) of this clause, shall be paid at the rate of double time
and one-half with a minimum payment of four hours' work.
(iv) Employees who
are required to attend and do attend for work on Sundays shall be paid at the
rate of double time with a minimum payment of four hours' work.
11. Annual Leave
See Annual Holidays Act 1944.
12. Annual Holidays
Loading
(i) In this
clause the Annual Holidays Act 1944, is referred to as "the
Act".
(ii) Before an
employee is given and takes their annual holiday, or where by agreement between
the employer and 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 (vii) of this clause.)
(iii) 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.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which an
employee becomes or has become entitled since 31 December 1973, and which
commences on or after 1 January 1974, or where such a holiday is given and
taken in separate periods, then in relation to each such separate period.
(v) The loading is
an amount payable for the period or the separate period as the case may be
stated in subclause (iv) of this clause 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 their annual holiday.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance,
provided that, if the employment of such employee continues until the day when
he 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 (v) of this clause applying the award
rates of wages payable on that day.
(vii) Where in
accordance with the Act an 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 (v) 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 to the
employee 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 prior to the closedown as the employee’s qualifying period
of employment in a completed week bears to 52.
(viii)
(a) When the
employment of an employee is terminated by the employee’s employer after 31
December 1973 for 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 to the employee shall be
paid a loading calculated in accordance with subclause (v) of this clause 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.
13. Long Service
Leave
See Long Service Leave Act 1955.
14. Sick Leave
An employee who, after not less than three months'
continuous service in their current employment with the employer, is unable to
attend for duty during their ordinary working hours by reason of personal
illness or personal incapacity received in the said employment not due to their
own serious and wilful misconduct, shall be entitled to be paid for such non
attendance the amount of the employee’s ordinary time rate of pay, subject to
the following:
(i) The employee
shall, within twenty four hours of the commencement of such absence, inform
`the employer of the employee’s inability to attend for duty and, as far as
possible, state the nature of the illness or incapacity and the estimated
duration of the same.
(ii) For the
purpose of ascertaining whether or not an employee is or has been ill and the
particulars thereof, including, where applicable, the estimated duration of the
absence, the employer, through any person appointed by the employer to
interview employees for the purpose stated, shall have the right to interview
an employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical
practitioner the right to interview an employee shall include the right to
examine the employee.
(iii) The employee
shall prove to the satisfaction of the employer (or in the event of a dispute
the Industrial Relations Commission of New South Wales) that the employee is or
was unable on account of such illness or incapacity to attend for duty on the
day or days for which payment under this clause is claimed.
(iv) In any period
of employment, the employee’s entitlement to sick pay shall be in accordance
with the following schedule:
1st year of service - 5 days.
2nd year of service and thereafter - 10 days' duration.
(v) Sick leave
shall accumulate from year to year for 3 years, that is, sick leave not taken
in each year of service shall be available to the employee for a period of 3
years from the end of each such year.
(vi) For the
purpose of this clause continuous service shall be deemed not to have been
broken by:
(a) Any absence
from work on leave granted by the employer.
(c) Any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee) provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
(viii) Service before
the date of coming into force of this clause shall be counted as service for
the purpose of qualifying thereunder.
(ix) Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement. Accumulation at the credit of the employees at the
commencement of this award will not be increased or reduced by this clause.
15. 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 15(1)(c)(ii) 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 at clause 14, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
(b) The employee
shall, if required,
(1) 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, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee. In normal circumstances,
an employee must not take carer's leave under this subclause where another
person had 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
(ii) 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 subparagraph:
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.
(d) 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.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take account
of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 24, Grievance Procedure, should be followed.
(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 class of person set out in
15(1)(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
(3) Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten 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.
(d) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(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 the said 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 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) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15(1)(b) and 15(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 15(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
15A. Parental Leave
(1) Refer to the
Industrial Relations Act 1996 (NSW). The following provisions shall also
apply in addition to those set out in the Industrial Relations Act 1996
(NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age; to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
16. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to 16 working hours
bereavement leave, without deduction of pay, up to and including the day of the
funeral, on each occasion of the death of a person as prescribed in subclause
(iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) 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 15, State
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.
(iv) 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.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of the said clause 15. In determining such a request, the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 16(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 15(1)(c)(ii) of clause 15, Personal/Carer's
Leave.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
17. Terms of
Employment
(i) Types of
engagement: An employee may be engaged -
(a) as a weekly
employee; or
(b) as a part-time
worker; or
(c) as a casual
employee.
(ii)
(a) "Part-time
employee" means an employee who is a weekly employee engaged for a minimum
of 18 hours per week on not less than 3 days per week. The hourly rate shall be
the weekly rate divided by 40.
(b) The rostered
times of work cannot be altered by the employer unless 48 hours notice is
given, or unless there is mutual consent by the employer and the employee(s) to
such lesser period applying.
(c) Notwithstanding
anything else contained in this award, the provisions of this award with
respect to annual leave, sick leave, jury service, bereavement leave, and
holidays shall apply to part-time employees on a proportionate basis.
(iii) The
employment of weekly employees and part-time employees may be terminated by
either the employer or the employee by a week’s notice on either side or upon
payment or forfeiture, as the case may be, of a week’s wages.
(iv) This clause
shall not affect the right of an employer to -
(a) deduct payment
for any day or portion thereof during which an employee is stood down by the
employer as a result of refusal of duty, malingering, inefficiency, neglect of
duty or misconduct on the part of the employee;
(b) dismiss an employee
without notice for refusal of duty, malingering, inefficiency, neglect of duty,
or misconduct and in such case wages shall be payable up to the time of
dismissal only.
(v) Secure
Employment.
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award or pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to convert
his or her contract of employment to full-time employment and an employee who
has worked on a part-time basis during the period of casual employment has the
right to elect to convert his or her contract of employment to part-time
employment, on the basis of the same number of hours and times of work as
previously worked, unless other arrangements are agreed between the employer
and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
18. Payment of Wages
(i) By agreement
between the employer and the existing employees, wages shall be paid by either
cash, cheque or Electronic Funds Transfer (EFT). Wages shall be paid on a fixed
day each week and shall include all monies up to the finishing time two
week-days earlier.
(ii) The employer
may vary the pay day around public holidays.
(iii) Provided that
as from the effective date of this variation all new employees shall, at the
discretion of the employer, be paid by EFT, cheque or cash.
19. Rest Pauses
(i) Employees
shall be allowed ten minutes in the forenoon and ten minutes in the afternoon
as a rest pause which shall be paid for as time worked.
(ii) Rest pauses
shall be taken at such times as may be mutually arranged between the employer
and the union.
(iii) Subject to
subclause (iii) of clause 3, Meal Breaks, of this award, an employee working
overtime who has worked continuously on overtime for two hours shall be allowed
a paid rest break of ten minutes if the employee will be required to work
overtime for an additional hour.
20. Supply of Special
Clothing, Knives and Accessories
(i) Every
employer shall each year supply free of cost two sets of overalls or wrap overs
and two head caps to each employee.
Provided that if an employee can show to the employer's satisfaction
that the clothing is subject to excessive wear and tear because of the duties
entailed in the employee’s position the employer shall supply to the employee
such additional clothing as is reasonably necessary: Provided that substitute clothing
not less favourable may, by agreement between the employer and the union, be
provided in lieu of the overalls.
(ii) An employer
shall provide, free of cost, for the use of every employee, whose work so
requires, gloves, waterproof aprons, gum boots and any necessary special
clothing.
(iii) Any employer
required to supply gum boots and who is prepared to supply, free of cost to the
employee, leather boots, because of wetness associated with the employee's
work, shall not be required to supply gum boots.
(iv)
(a) Subject to
paragraph (b) of this subclause, an employer shall provide, free of cost,
knives, steels, pouches and all accessories for the use of employees.
(b) Where an
employer does not provide tools of trade to employees whose work necessarily
requires the use of knives, oil-stones, steels and pouches, boners shall be
paid an allowance at Item 4 (i) per week or (ii) per day, any other employees
(iii) per week or (iv) per day of Table 2 Other Rates and Allowances of Part B
Monetary Rates of this Award.
(v) Each employee
required to work in a room wherein the temperature has been artificially
reduced below 1.667 degrees Celsius shall be supplied, free of cost, with
suitable warm clothing for use in such work. "Suitable warm clothing"
means clothing suitable for the purpose of keeping an employee's whole person
warm.
(vi) Any employee
applying for new gloves, aprons, boots or outer garments or knives, steels,
pouches or accessories, and who fails to return the corresponding articles last
issued to the employee, shall not be entitled to same without payment therefore
at a reasonable price.
(vii) Upon the
termination of employment any employee who fails to return the articles issued
to the employee shall have deducted from any moneys due to the employee the
value of the articles with which the employee was issued and which he failed to
return.
21. Redundancy
(i) Application -
(a) This clause
shall apply to all employees covered by this award (excepting those set out
below).
(b) It shall apply
to employers (where there are more than 15 employees) immediately prior to the
termination of the employment of employees.
(c) It 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) It 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.
(ii) 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 this award makes provision for
alteration of any matters referred to in this award, an alteration shall be
deemed not to have significant effect.
(b) Employer's
duty to discuss change -
(1) 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 (a) 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.
(2) The
discussions shall commence as early as possible after a definite decision has
been made by the employer to make the changes referred to in paragraph (a) of
this subclause.
(3) For the
purpose of such discussions, 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.
(iii) Redundancy -
(a) Discussions
before terminations -
(1) 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
(1) of paragraph (a) of subclause (ii), Introduction of Change, 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.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of the said
subparagraph (1) and shall cover, inter alia, any reason 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.
(3) For the
purpose 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, the number and categories of
employees likely to be affected, and the number of employees 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.
(iv) 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 (1) of paragraph (a) of subclause (ii),
Introduction of Change, of this clause:
(1) 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
|
(2) 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.
(3) 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 paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (1) of paragraph (a) of subclause (ii),
Introduction of Change, of this clause:
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment shall be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this paragraph 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 -
(1) 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 purpose of seeking other employment.
(2) 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
subclause as those to which the employee would have been entitled 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 Centrelink 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
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 subparagraph (1) of paragraph (a) of subclause (ii),
Introduction of Change, of this clause, 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 rates for the number of weeks of notice still owing.
(v) Severance Pay
-
(a) Where an
employee is to be terminated pursuant to subclause (iv) Termination of
Employment, of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the employee
the following severance pay in respect of a continuous period of service:
(1) 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
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of service
|
45 years of age and
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 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
|
(3) "Week's
pay" means the all-purpose rate 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 paid in accordance with the
Table1 - Wage Rates, in Part B and Clause 4, Wages.
(b) 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 paragraph
(a) of this subclause.
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 paragraph (a) of
this subclause, will have on the employer.
(c) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (a) of this subclause, if the employer obtains
acceptable alternative employment for an employee.
22.
Anti-Discrimination
(I) 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. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii) 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
this award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specially 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.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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 this 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."
23. Enterprise
Arrangements
(a) The Commission
may approve of enterprise arrangements reached in accordance with the clause
and the provisions of the Industrial Relations Act 1996.
(b) Industrial
Unions of employees and industrial unions of employers, or industrial unions of
employees and employers, or employees and employers may negotiate enterprise
arrangements which, subject to the following provisions, shall prevail over the
provision of any award or order of the Commission that deals with the same
matters in so far as they purport to apply to parties bound by the
arrangements, provided that where the arrangement is between employees and an
employer a majority of employees affected by the arrangement genuinely agree.
(c) An enterprise
arrangement shall be an agreed arrangement for an enterprise, or discrete
section of an enterprise, being a business, undertaking or project, involving
parties set out in sub-clause (b).
(d) Enterprise
arrangements shall be for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than where contained in the arrangement itself. Subject to the terms of the
arrangement, however, such arrangement shall continue in force until varied or
rescinded in accordance with the Industrial Relations Act 1996.
(e) For the
purposes of seeking the approval of the Commission, and in accordance with the
provisions of the Industrial Relations Act 1996, a party shall file with
the Industrial Registrar an application to the Commission to either:
(i) vary an award
in accordance with the Act; or
(ii) make a new
award in accordance with the Act.
(f) On hearing
for the approval of an enterprise arrangement, the Commission will consider in
addition to the industrial merits of the case under the State Wage Case
principles:
(i) ensuring the
arrangement does not involve a reduction in ordinary time earnings and does not
depart from the Commission standards of hours of work, annual leave with pay or
long service leave with pay; and
(ii) whether the
proposed award or variation is consistent with the continuing implementation at
enterprise level of structural efficiency considerations.
(g) The Industrial
Relations Commission of New South Wales is available to assist the parties to
negotiations for an enterprise arrangement by means of conciliation and, in
accordance with these principles and the Act, by means of arbitration. If any
party to such negotiations seeks arbitration of a matter relating to an
enterprise arrangement such arbitration shall be as a last resort.
(h) Enterprise
arrangements entered into directly between employees and employers shall be
processed as follows, subject to the Commission being satisfied in a particular
case that departure from these requirements is justified:
(i) All employee
will be provided with the current prescriptions (eg award, industrial agreement
or enterprise agreement) that apply at the place of work.
(ii) The
arrangement shall be committed to writing and signed by the employer, or the
employer’s duly authorised representative, with whom agreement was reached.
(iii) Before any
arrangement is signed and processed in accordance with this principle, details
of such arrangement shall be forwarded in writing to the union with members in
that enterprise affected by the changes and the employer association, if any,
of which the employer is a member.
(iv) A Union or
employer association may, within 14 days thereof, notify the employer in
writing of any objection to the proposed arrangements, including the reasons
for such objection and in such circumstances the parties are to confer in an
effort to resolve the issue.
(v) Where an
arrangement is objected to by a union or employer association and the objection
is not resolved, an employer may make application to the Commission to vary an
award or create a new award to give effect to the arrangement.
(vi) A union and/or
employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vii) If no party
objects to the arrangement, then a consent application shall be made to the
Commission to have the matter approved in accordance with paragraph (e) of this
principle.
(viii) Such
arrangement once approved shall be displayed on a notice board at each
enterprise affected.
24. Grievance
Procedure
All grievances, claims or disputes will be dealt with in the
following manner so as to ensure the orderly settlement of the matters in
question:
(i) Any grievance
or question, dispute or difficulty, which arises, will, where possible, be
settled by discussion on the job between the employee(s) and the immediate
supervisor.
(ii) If the matter
is not resolved at those levels, it will be further discussed between the
affected employee(s) and the employer. Both the employer’s industrial
representative and the employee’s Union representative may be notified.
(iii) If no
agreement is reached within a reasonable time period and the Union is involved
in the dispute, the Union Secretary or the employee’s representative will
discuss the matter with the employer and/or the employer’s nominated industrial
relations representative.
(iv) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing the proposed remedy.
(v) Reasonable
time limits must be allowed for discussion at each level of authority.
(vi) Whilst the foregoing procedure is being followed normal
work must continue.
(vii) Should the
matter still not be resolved within a reasonable time period it may be referred
by either party to the Industrial Relations Commission of New South Wales for
settlement.
25. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Bacon
Factory Employees (Cumberland) Consolidated Award published 25 March 2005 (349
1G 669), as varied.
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 New South Wales on 28 April 1999 (310 I.G. 359) take effect
on and from 4 February 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
It shall apply to all employees in bacon factories within
the jurisdiction of the Bacon Factory Employees (Cumberland) Industrial
Committee.
Bacon Factory
Employees (Cumberland) Industrial Committee
Industries and
Callings
Persons engaged in bacon factories, including persons
engaged therein canning ham and bacon, and including also slaughtermen and
their assistants in or for bacon factories, in the County of Cumberland;
Excepting -
Carters, grooms, stablemen, yardmen, drivers of motor or
other power-propelled vehicles and labourers employed in connection therewith;
Engine-drivers, firemen, greasers, trimmers, cleaners, and
pumpers engaged in or about the driving of engines, and electrical crane, winch
and motor drivers;
PART B
MONETARY RATES
Table 1 - Wage
Rates
|
|
|
Column A
|
Column A
|
Column A
|
|
|
|
SWC 2005
|
SWC 2006
|
SWC 2007
|
|
|
|
Effective
|
Effective
|
Effective
|
|
|
|
From
|
From
|
From
|
|
|
|
1 Dec 2007
|
1 Dec 2007
|
1 Dec 2007
|
|
1
|
First curer
|
510.10
|
530.10
|
550.10
|
|
2
|
Second curer
|
501.10
|
521.10
|
541.10
|
|
3
|
Backer down or chopper down
|
501.10
|
521.10
|
541.10
|
|
4
|
Boner and trimmer(including tunnel boning)
|
501.10
|
521.10
|
541.10
|
|
5
|
Pickle pumper (arterial or stab)
|
495.10
|
515.10
|
535.10
|
|
6
|
First man - cutting up
|
495.10
|
515.10
|
535.10
|
|
7
|
Packer - ham canning
|
484.40
|
504.40
|
524.40
|
|
8
|
First man - washing, smoking and drying
|
499.00
|
519.00
|
539.00
|
|
9
|
Bacon boner
|
496.90
|
516.90
|
536.90
|
|
10
|
Cutter up
|
492.40
|
512.40
|
532.40
|
|
11
|
Tally and despatch hand
|
489.60
|
509.60
|
529.60
|
|
12
|
Cooker and lardman
|
489.40
|
509.60
|
529.60
|
|
13
|
Closing machine operator
|
486.50
|
506.50
|
526.50
|
|
14
|
Solderer
|
486.50
|
506.50
|
526.50
|
|
15
|
Bacon curer’s labourer - doing salting
|
484.40
|
504.40
|
524.40
|
|
16
|
Smokehouse labourer
|
484.40
|
504.40
|
524.40
|
|
17
|
Labourer
|
484.40
|
504.40
|
524.40
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Explanation
|
Column A
|
Column B
|
Column C
|
|
|
|
|
SWC 2005
|
SWC 2006
|
SWC 2007
|
|
|
|
|
Effective
|
Effective
|
Effective
|
|
|
|
|
From 1 Dec
|
From 1 Dec
|
From 1 Dec
|
|
|
|
|
2007
|
2007
|
2007
|
|
1
|
3
(v)
|
Meal Allowance
|
$9.41
|
$9.74
|
$10.09
|
|
2
|
4
(v)
|
Leading Hand allowance in
charge
|
|
|
|
|
|
|
of more than two but not more
than
|
$10.01
|
$10.41
|
$10.83
|
|
|
|
ten employees in charge of
more
|
|
|
|
|
|
|
than ten employees
|
$17.35
|
$18.04
|
$18.76
|
|
3
|
7
(i)
|
Working in cold temperatures
per
|
|
|
|
|
|
|
hour or part thereof
|
0.36
|
0.37
|
0.37
|
|
4
|
20
(iv)(b)
|
Supply of special clothing,
knives
|
|
|
|
|
|
|
and accessories
|
|
|
|
|
|
|
(i)
|
per week
|
$5.15
|
$5.36
|
$5.57
|
|
|
|
(ii)
|
per day
|
$1.03
|
$1.07
|
$1.11
|
|
|
|
(iii)
|
per week
|
$3.09
|
$3.21
|
$3.34
|
|
|
|
(iv)
|
per day
|
0.62
|
0.64
|
0.67
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.