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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Food Preservers (State) Award
  
Date05/30/2008
Volume365
Part5
Page No.1726
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6553
CategoryAward
Award Code 747  
Date Posted05/29/2008

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(747)

(747)

SERIAL C6553

 

Food Preservers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1535 of 2007)

 

Before Commissioner Bishop

7 March 2008

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No. Subject Matter

 

1. Title

2. Definitions

3. Wages and Classifications

4. Rates of Pay

5. Contracts of Employment

5A Secure Employment

6. Prohibition of Outdoor and/or Contract Work

7. Special Rates

8. Junior Employees

9. Mixed Functions

10. Hours of Work

10A Implementation of a 38 Hour Week

11. Shift Work

12. Overtime

13. Meal Break and Allowances

14. First Aid Attendant

15. State Wage Case Adjustments

16. Morning and Afternoon Tea

17. Free Tea, Coffee, Milk and Sugar

18. Holidays

19. Sunday and Holiday Rates

20. Annual Leave

21. Sick Leave

22. Personal/Carer's Leave

23. Parental Leave

24. Bereavement Leave

25. Implements, Materials, Protective Clothing and Uniforms

26. Damage to Clothing

27. Floor Covering

28. Transport of Employees (11 p.m. to 7a.m.)

29. Payment of Wages

30. Aged, Slow and Infirm Workers

31. Limitation of Employer's Liability

32. Notice Board and Posting of Award

33. Shop Stewards

34. Right of Entry

35. Jury Service

36. Accommodation

37. Accident Pay

38. Preservation of Existing Rights

39. Avoidance of Industrial Disputes

40. Supported Wage

41. Structural Efficiency

42. Redundancy

43. Superannuation

44. Leave Reserved

45. Anti-discrimination

46 Training Wage

47. Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

PART A

 

1. Title

 

1.1 This award shall be known as the Food Preservers (State) Award.

 

2. Definitions

 

For the purposes of this award unless a contrary intention appears

 

2.1 "Adult employee" means an employee of the age of 18 years or more.

 

2.2 "Assistant syrup maker" means an employee engaged in the making of syrup who is not responsible for achieving the required final strength of the syrup to be used. Provided that an employee who is engaged merely in unloading sugar from bags to syruping tanks shall not be classified as an assistant syrup maker.

 

2.3 "Box or case repairer and/or maker" means an employee who repairs and/or makes wooden boxes, cases, crates, trays, slides, skips and/or pallets for use in the employer's own business.

 

2.4 "Carton assembler by hand" does not include an employee forming or partially forming single retail-pack size cartons or products.

 

2.5 "Employee" means a person or one of the classes of persons performing any of the kinds of work covered by this award who may be employed by an employer.

 

2.6 "Employer" means an employer upon whom this award is or becomes binding.

 

2.7 "Labelling machine operator" means an employee operating a continuous flow horizontal labelling unit on cans or jars or a bottle labelling machine affixing two or more labels to such bottles.

 

2.8 "Leading hand" means an adult employee appointed as such by the employer who, while working under supervision, gives instructions to and/or is responsible for work done by other employees.

 

2.9 "Open or closed pan cooker" means an employee responsible for the cooking of jams, sauces of all descriptions, cordials, toppings, pickles, soups and other similar classes of formulated products.

 

2.10 "Quality checker" means an employee performing duties that do not come within those of any classification either under this award or under any other award who is engaged in testing of raw materials, products in process or containers on line or in an area adjacent thereto in accordance with pre-determined routine procedures and the recording of such results.

 

2.11 "Pedestrian fork lift operator" means an employee operating (from a standing position) a self powered fork lift appliance designed to lift, elevate, move and stack pallets. This definition specifically excludes stillage trucks or other appliances designed to lift and move a pallet or pallets within 30 cm of floor level.

 

2.12 "Season" means in respect of work directly associated with or forming part of the preparation of the initial, continuous processing of seasonally grown items covered by this award -

 

2.12.1 peas: October 1 to the following April 30;

 

2.12.2 citrus fruits (concentrated juice): June 1 to the following January 31;

 

2.12.3 asparagus: September 1 to the following March 31;

 

2.12.4 beans: from November 1 to the following May 31;

 

2.12.5 tomatoes: December 1 to May 31;

 

2.12.6 Items other than those specified above - 1 December to the following 30 April, provided that as to the processing of apples and beetroot the season shall be extended to 31 August in New South Wales; provided further that any seasonally grown item, other than apples and pears, which is stored by any means whatsoever and is not prepared or processed continuous with the harvesting season shall not be included.

 

2.13 "Winter season" means the period from May 1 to the following July 31 in respect of the processing of the following items: Sprouts, broccoli, cauliflower, celery, sweet corn, carrots, swedes, white turnips, silver beet, cabbage, parsnips and potatoes, whether such items are processed in a deep-frozen, canned or dehydrated form: Provided that this definition shall not prevent any such items being processed as seasonal vegetables under definition 2.12.6.

 

2.14 "Storeperson and packer" means an employee in a store or in any place where goods are handled for the purpose of being received, stored or despatched, who is engaged in -

 

2.14.1 packing, assembling, collecting, recording or checking goods or materials in course of receipt or dispatch, or

 

2.14.2 packing from dockets for dispatch;

 

For the purpose of this award -

 

(A) A storeperson and packer shall be so classified Subject to that the employee may be under the orders of a superior who does not devote the whole of their time to supervising storing and packing work.

 

(B) "Storeperson and packer" does not include an employee who in the course of manufacture merely encloses goods in the uniform containers in which such goods are ordinarily sold by the manufacturer, nor a packer who nails, uses staples or seals such containers, nor an employee who merely loads or unloads goods already packed into or from trucks, wagons or bulk containers, or on or from pallets.

 

2.15 "Syrup maker of multi-strength syrups" means an employee who is ordinarily required to make more than one strength of syrup during the course of a day or shift and who achieves the required final strength of the solution to be used.

 

2.16 "Syrup maker (other) or brine maker" means an employee who -

 

2.16.1 is ordinarily required to make a uniform-strength syrup and who achieves the required final strength of such syrup; or

 

2.16.2 makes brine and achieves the required final strength thereof.

 

2.17 "Union" means the Automotive, Food, Manufacturing, Engineering and Printing Kindred Industries Union, New South Wales Branch - Confectionery and Food Division.

 

2.18 "Weighbridge attendant" means an employee engaged in the operation of a weighbridge on the receiving, checking, weighing (gross and net weights), recording and tabulating of quantities of various types of raw and processed material delivered to the factory for subsequent processing: Provided that such definition shall not include an employee engaged in the abovementioned operations merely involving deliveries associated with transfer between different factories and/or stores of the one employer.

 

3. Wages and Classifications

 

3.1 Adults -

 

3.1.1 Subject to the exceptions and exemptions prescribed in this clause an adult employee in a classification or class of work specified in the table set out in 3.1.2 shall be paid at the respective award wage rate per week assigned to that classification or class of work set out in Table 1, of Part B under the heading " Weekly rate of pay ".

 

3.1.2 Composition of Groupings - Adult employees shall be classified in groupings as provided in Table 1 of Part B and such classified groupings shall consist of the following designated classifications of labour -

 

3.2 Group 1 -

 

1.

Evaporator operator (tomato paste).

 

 

2.

Retort or autoclave operator.

 

 

3.

Storeperson and packer in charge of a place in which the employee is the only adult storeperson

 

and packer engaged therein and who is responsible for stock and the execution of orders.

 

 

4.

Spaghetti maker.

 

 

5.

Deep fry cooker.

 

3.3 Group 2 -

 

1.

Assistant vinegar brewer.

 

 

2.

Ingredients mixer operator using silent cutter.

 

 

3.

Preserver of cherries, citrus peel and/or vegetable by syruping or brining

 

(including the making of such syrup or brine when such is performed directly

 

in association with the operation).

 

 

4.

Cereal filling and packing line operator.

 

 

5.

Potato mash dryer operator.

 

 

6.

Hydrostatic steriliser operator.

 

 

7.

Controller of crystallisation operation (not including cherry and/or mixed peel preparation).

 

 

8.

Open or closed pan cooker (as defined).

 

 

9.

Cereal cooker.

 

 

10.

Storeperson and packer (as defined).

 

 

11.

Employee in charge of prunes or tree fruits.

 

 

12.

Employee in charge of dehydrators.

 

 

13.

Dehydration tunnel operator.

 

 

14.

Dough or paste maker by machine other than for pie products.

 

 

15.

Rotary coil operator (tomatoes).

 

 

16.

Quality checker (as defined).

 

3.4 Group 3 -

 

1.

Inspector of fruit or vegetable for acceptance or rejection.

 

 

2.

Filling and closing machine operator, i.e., employee operating automatic

 

polythene or cellophane pack type unit and hesser filling and closing machine.

 

 

3.

Assembler and weigher of ingredients for cooked products (other than jam).

 

 

4.

Weighbridge attendant (as defined).

 

 

5.

Labelling machine operator.

 

 

6.

Potato mash cooking and preparation line operator.

 

 

7.

Evaporator operator (other than tomato paste).

 

 

8.

Trimmer by hand of uncooked meat.

 

 

9.

Syrup maker of multi-strength syrups (as defined).

 

 

10.

Bulk fruit bin maker and/or repairer.

 

 

11.

Filling and closing machine operator, i.e., employee operating automatic polythene pack

 

type unit for frozen products.

 

 

12.

Pedestrian forklift driver (as defined).

 

3.5 Group 4 -

 

1.

Flour sifter operator.

 

 

2.

Weigher and recorder of asparagus, peas from viner or bulk dehydrates

 

product from drying bins.

 

 

3.

Blancher operator.

 

 

4.

Meat ball forming machine operator.

 

 

5.

Pulping machine operator (tomato products).

 

 

6.

Lye peeler operator.

 

 

7.

Automatic consumer carton forming and glue sealer machine operator.

 

 

8.

Syrup maker (other) or brine maker (as defined).

 

 

9.

Continuous flow freezing tunnel operator.

 

 

10.

Preparer of cherries for syruping.

 

 

11.

Quality grader and receiver of asparagus, pears and/or peaches.

 

 

12.

Centrifuge operator.

 

 

13.

Steam injector operator on continuous flow cooking.

 

 

14.

Filling and closing machine operator responsible for packaging products in

 

cans, jars, bottles or single unit serves.

 

 

15.

Feeding into and/or taking away from retorts.

 

 

16.

Automatic carton forming, casing and sealing machine operator.

 

 

17.

Inspector of frozen processed products immediately prior to packaging.

 

 

18.

Sachet filling and closing machine operator.

 

 

19.

Controller of battering and/or crumbing of meat and/or fish products.

 

 

20.

Filling and closing machine operator, i.e., employee operating automatic cardboard pack type unit

 

for frozen goods.

 

 

21.

Trimmer by hand of cooked meat.

 

3.6 Group 5 -

 

1.

Driver of factory electric truck or factory mechanical sweeper.

 

 

2.

General hand assisting in cooking of hot preparation.

 

 

3.

Weighbridge attendant other than as defined.

 

 

4.

Steriliser by open pan or tank.

 

 

5.

Dehydration preparation line operator (root vegetables).

 

 

6.

Sweeper and/or boxperson in pea-vining station.

 

 

7.

Pea washer operator.

 

 

8.

Plate freezer operator.

 

 

9.

Meat receiver recorder in meat canning factory.

 

 

10.

Loader by hand of frozen goods in refrigerated vehicle.

 

 

11.

Mixing and/or blending machine operator.

12.

Steam peeler operator.

 

 

13.

Oven cooker and serviceperson on dim sim preparation line.

 

 

14.

Cleaner of machinery, equipment, vats and the like (not applicable to cleaning factory floor,

 

warehouse or store cleaning).

 

 

15.

Employee unloading and handling potatoes in bulk store.

 

 

16.

Meat cutter operator by hand saw and/or guillotine.

 

 

17.

Carton former operator.

 

 

18.

General hand assisting on continuous flow rotary fruit cooker.

 

 

19.

General hand engaged in loading, unloading, tipping, storing or preparing of citrus peel or

 

vegetables in acidic brine

 

 

20.

Knife or circular blade sharpener.

 

 

21.

Pea forker by hand or grab.

 

 

22.

Shaker and/or rumbler operator in pea vining.

 

 

23.

Assistant spaghetti maker.

 

 

24.

Box or case repairer and/or maker (as defined).

 

 

25.

Weigher or recorder of meat or vegetables in raw or processed form (other than asparagus, peas or

 

bulk dehydrated products from drying bins)

 

 

26.

Unloader by hand of frozen goods from bulk bins.

 

 

27.

Unloader by hand of citrus peel or cherries from syruping vats.

 

 

28.

Unloader of meat in meat preparation area.

 

 

29.

Supplier of cooked meat and/or poultry to trimmers.

 

 

30.

Closer operator on canned products other than in can making.

 

 

31.

Meat slicer or mincer operator.

 

 

32.

Size grader operator.

 

 

33.

Assistant syrup maker (as defined).

 

 

34.

Feeder of stillages to slitting machine in can making.

 

 

35.

Employee engaged in the juice making section working on or about a fruit press in processes

 

associated with the extraction of fruit juices

 

 

36.

Feeder of meat or fish product to forming machine.

 

 

37.

Frozen meat or fish disintegrator or emulsifier operator.

 

 

38.

Gas pack operator on dehydrated products.

 

 

39.

Potato piler operator in bulk store.

40.

Busse loader operator.

 

 

41.

Shrink wrap packaging operator.

 

 

42.

Rotary cooler operator on jam and/or spread making.

 

 

43.

Closer operator (jars or bottles).

 

 

44.

Packer of clear mixed pickles into glass jars.

 

 

45.

Unloader or weigher of bulk-frozen product for dehydration.

 

3.7 Group 6 -

 

3.7.1 Sub-Group A -

 

1.

Controller of flow of fruit, vegetables or containers to preparation, syruping and/or filling lines.

 

 

2.

Corn sieving machine operator.

 

 

3.

Pre-heater operator in fruit canning.

 

 

4.

Filler operator (cans, jars or bottles).

 

 

5.

Dicer, cutter or fruit stoning machine operator on fruit or vegetables.

 

 

6.

Bottle, jar or equipment washing machine operator.

 

 

7.

Shaker and/or rumbler operator other, i.e., operator of automatic root vegetable peeler or grape

 

declusterer.

 

 

8.

Wooden bulk bin tipping and/or bulk bin filling machine operator.

 

 

9.

Carton sealing machine operator.

 

 

9A.

Carton sealing machine operator other than sealing with self-adhesive tape.

 

 

10.

Remover of lids from compounding machine, press, machine and/or drying oven in can making

 

 

11.

Pedestrian electric truck operator.

 

 

12.

Busse unloader operator.

 

 

13.

Can opener by machine (A 10 type can only).

 

 

14.

Palletising or depalletising machine operator.

 

 

15.

Hoist operator.

 

 

16.

Sealing machine operator on 4.5 to 18.2 litre cans.

 

 

17.

Casing machine operator.

 

 

18.

Towveyor attendant.

 

 

19.

Employee engaged in cutting or pulping lemons, pineapples, oranges or grapefruit by hand.

 

 

20.

Pourer out or filler or stirrer of jam, soup, chutney, pickles, pulp or other hot preparations by hand.

 

 

21.

Loader of dehydration trays to trucks.

 

 

22.

Feeding peach pitting, apple or pear preparing or apricot slitting machine piecemeal by hand.

 

 

23.

Can or jar tapper.

 

 

24.

Trimmer and/or inspector of onions and/or horseradish or feeder of onion peeling machine

 

piecemeal by hand

 

 

25.

Dicer and/or shredder operator.

 

 

26.

Pastry roller machine operator.

 

 

27.

Operator of automatic cellotape type carton sealing machine.

 

 

28.

Bag sewing machine operator.

 

 

29.

Feeding on to a moving belt tins of preserved products weighing collectively over 2.7 kg.

 

3.7.2 Sub-Group B - Subject to the operation of State laws relating to safety, junior employees may be employed upon the following classifications -

 

1.

Wheeler of loaded stillages into and out of freezing chamber.

 

 

2.

Unloader of processed material from dehydration trays.

 

 

3.

Loader or unloader of goods in warehousing not elsewhere classified.

 

 

4.

Stacker on pallets of filled cartons and/or 2.3 to 18.2 litres filled containers.

 

 

5.

Tank attendant (tomato evaporator or bean blancher).

 

 

6.

Bulk dumper by hand.

 

 

7.

Waste disposal unit attendant.

 

 

8.

Hand truck wheeler.

 

 

9.

Filler by hand of 18.2 litre container of hot preparations.

 

 

10

Recorder of pallets of processed goods, empty wooden bulk bins and lug boxes or raw material

 

to production line.

 

 

11

Hand solderer other than in can making.

 

 

12

Unloader of lambs' tongues from salt brine solution.

 

 

13

Assistant to plate freezer operator.

 

 

14

Loader of dehydration trays on filling lines.

 

 

15

Dump rig employee in freezing chamber.

 

 

16

Unloader by hand from conveyor or machine not elsewhere classified.

 

 

17

Material washer operator (other than pea cleaning).

 

 

18

Remover by hand of pallets from depalletiser other than in can making.

 

 

19

Supplier of fruit to pieceworkers.

 

 

20

Clutchperson on peach preparation machine.

 

 

21

Filler and/or unloader of retort baskets by hand.

 

 

22

Filler and/or unloader of retort baskets by hand - A10 cans or larger.

 

 

23

Unloader of empty jars or bottles from containers and/or washing machines.

 

 

24

Employee engaged in peeling melons.

 

 

25

Feeder by hand of raw or processed material to preparation and/or filling machine (not

 

elsewhere classified).

 

 

26

Check weigher.

 

 

27

Raker or forker of filled cans to pallets.

 

 

28

Feeder of machine, piecemeal by hand other than elsewhere specified.

 

 

29

Washer of movable hoppers.

 

 

30

Carton sealer by hand.

 

 

31

Can or jar tapper.

 

 

32

Size grader machine attendant.

 

 

33

Supplier of product to hand fillers of consumer packs.

 

 

34

Lumper other than in a storage and dispatch area.

 

 

35

Market attendant on asparagus canning line.

 

 

36

Label inspector immediately after labelling.

 

 

37

Strapper of palletised cartons.

 

 

38

Assistant to controller of flow fruit, vegetables or container to preparation, syruping

 

and/or filling lines.

 

 

39

Trimmer or cutter of fruit or vegetables by hand.

 

 

40

Wiper of 4.5 to 18.2 litre cans after filling.

 

 

41

Sampler of peas for testing by tenderometer or maturometer.

 

 

42

Dump rig employee other than in freezing chamber.

 

 

43

Sample card distributor on fruit receiver.

 

 

44

Carrier of trays by hand of filled material.

 

 

45

Feeder by hand of unformed cartons to automatic carton forming and casing machine, pallets

 

to depalletiser and empty cans to races and/or fillers.

 

 

46

Remover of waste material.

 

 

47

Can, bag or carton stenciller.

 

 

48

Bulk bin filler in freezing chamber.

 

 

49

Pre-heater attendant in fruit canning.

 

 

50

Washer of empty raw material containers.

 

 

51

Consumer pack filler by hand.

 

 

52

Packer by hand of filled and processed product in cartons.

 

 

53

Cartons assembler by hand (as defined).

 

 

54

Cleaner of factory floors, warehouse or stores.

 

 

55

Inspector of filled cans before closing.

 

 

56

Dry spaghetti packer by hand.

 

 

57

Feeder of potatoes to forming machine piecemeal by hand.

 

 

58

Inspector of empty cans, jars or bottles immediately before filling.

 

 

59

Bulk filler by hand of potato crisp type, mixed peel or crystallised cherry products

 

 

60

Can opener by hand.

 

 

61

Raker or forker of cans to pallets and/or races.

 

 

62

Filler and/or unloader of retort baskets by hand other than A10 cans or larger.

 

 

63

Spreader of product material on dehydration trays.

 

 

64

Loader by hand of trays of filled material or prepared product.

 

 

65

Feeding into and/or taking away piecemeal by hand from labelling machine if

 

not in immediate charge of machine operation.

 

 

66

Trimmer, sorter, inspector, grader, dicer, and/or cutter by hand of fruit or

 

vegetables in preparation other than elsewhere classified.

 

 

67

Closer by hand of jars or bottles.

 

 

68

Filler of consumer packs by hand (including spaghetti filling) other than

 

elsewhere classified or packer by hand of filled and processed product in cartons

 

 

69

Carton assembler by hand (as defined).

 

 

70

Dough breaker.

 

 

71

Filler by hand, folder by hand and/or automatic scale inspector of frozen bulk pack.

 

 

72

Cap feeder attendant.

 

 

73

Feeder of consumer packs to filling machine or heat-sealing machine piecemeal by hand.

 

 

74

Weigher of glazed and/or crystallised products for consumer pack filling.

 

 

75

Feeder of empty containers to races and/or conveyors other than by raking or forking where

 

such containers are subsequently washed, inspected, preheated and/or filled (including

 

unloader of jars from continuous sterilising tunnel).

 

 

76

Washer of pulp tins, cans and/or glass containers.

 

 

77

Labeller and/or repairer by hand of cartons and/or containers on line.

 

 

78

Consumer pack carton assembler (hand).

 

 

79

Filler by hand of cold preparations (2.3 to 18.2 litre containers).

 

 

80

Feeder by hand of raw materials to preparation machine.

 

 

81

Unloader by hand of product material from machine and/or conveyor.

 

 

82

Feeder of formed cartons to casing machine operator and/or packer by hand of jars or bottles.

 

 

83

Pastry former.

 

 

84

Employees engaged on dim sim forming line.

 

 

85

Employee coding, wiping, glueing, sealing and/or stencilling of cartons and/or consumer

 

packs by hand.

 

 

86

Feeder of unformed consumer packs to automatic carton forming machine (piecemeal by hand).

 

 

87

Feeder of sachet packets to automatic filling machine (piecemeal by hand).

 

 

88

Feeder of consumer packs to automatic cellophane wrapping machine.

 

 

89

Inspector of berry punnets.

 

 

90

General hand, i.e., adult employee engaged on work not elsewhere classified for adults.

 

 

 

3.8 Type of Forklift - rates of pay as set out in Table 1, of Part B.

 

3.9 Juniors - The weekly rate for the purposes of clause 8, Junior Employees, of this award, shall be the appropriate percentage of the Base Rate prescribed in this clause for the classification specified.

 

4. Rates of Pay

 

4.1 Adult employees shall be paid in accordance with the rates prescribed in Table 1 - Wages, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Junior employees shall be paid an amount in accordance with clause 8, Junior Employees, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

4.2 Leading Hands - In addition to the appropriate weekly wage prescribed in this clause for the highest classified employee directly under their control and for whom they are responsible, an adult employee employed as a leading hand (as defined) shall be paid the further amounts set out in Item 1 of the said Table 2, such rates to be payable for all purposes of the award. The amounts as set out in Item 1 of Table 2 shall be added to the rates set out in the said Table 1.

 

5. Contracts of Employment

 

5.1 Types of Employment - An employer may employ persons covered by this award under one of the following types of contracts of employment.

 

5.1.1 Permanent Employees - employed on a permanent basis in which employment shall be terminated by one week's notice on either side given at any time during the week or by the payment or forfeiture, as the case may be, of one week's ordinary wages except as provided by 5.3 and 5.6.

 

5.1.2 Seasonal Employees - employed on a two-day basis only during the season (as defined), including the winter season (as defined), in which case employment shall be terminated by two days' notice on either side, given at any time during the day, or by the payment or forfeiture, as the case may be, of two days' ordinary wages except as prescribed by 5.5 and 5.7.

 

5.1.3 Short Term Employees - employed for a limited period of less than 12 months duration. On engagement the employer shall notify the employee of the estimated duration of the employment period.

 

5.1.4 Casual Employees - employed on a casual basis only during the season (as defined), excluding the winter season (as defined), in which case employment shall be terminated by one hour's notice on either side given at any time or by the payment or forfeiture, as the case may be, of one hour's ordinary pay at the casual rate then applying. The rate of pay for a casual employee shall be as prescribed by 5.10.

 

Subject to the provisions of 5.4.1, the employment of a casual outside any season can be:

 

(a) by agreement between the employer and casual employee concerned: or

 

(b) at the request of an employer to the union for agreement (where such agreement is requested, the union shall not unreasonably withhold its consent).

 

5.1.5 Sick Leave and Annual Leave Entitlement - Permanent, seasonal and short term employees shall be entitled to annual leave and sick leave in accordance with the provisions of clause 20, Annual Leave and clause 21, Sick Leave.

 

5.2 Statement of Class of Employment - Upon commencing any engagement for an employer, the employee shall be given a statement in writing by the employer notifying which class of engagement the employee is being employed on and containing the appropriate terms of such engagement as provided for in this clause.

 

5.3 Termination of Employment During the First Week - Employment may be terminated by one hour's notice on either side at any time during the first week of employment or the payment or forfeiture, as the case may be, of one hour's ordinary pay at the rate then applying. Provided that where the employer terminates the employment during the first week of engagement and such termination is for a reason other than those prescribed in 5.4.1, the employee shall be paid casual rates for all work done by the employee.

 

5.4 Termination of Employment Without Notice -

 

5.4.1 Subject to the respective notices of termination specified in 5.1 and 5.3, an employer shall have the right to instantly dismiss any employee without notice for gross misconduct, in any of which cases, wages shall be due only up to the time of dismissal at the rate then applying.

 

5.4.2 In the event of an employee being summarily dismissed, such employee shall be given a written statement of the reason for such dismissal on the day of such termination or it shall be forwarded to the employee by post on the next ordinary working day.

 

5.4.3 At the request, made within 28 days of the termination of employment, by an employee, other than a casual employee, whose services are terminated by the employer for any reason other than those mentioned in 5.4.1 the employer shall give a statement in writing that the termination was not made for any of those reasons.

 

5.5 Work to Continue During Period of Notice - An employee who has given or been given the required notice of termination of employment under this clause shall continue at work until the expiration of such notice, unless absent with reasonable cause (proof of which shall be upon the employee), failing which the employee shall be deemed to have abandoned the employment from the commencement of such absence and shall not be entitled to payment for work done during the period of the required notice.

 

5.6 Termination - Sick Leave, Annual Leave and Bereavement Leave - No employee shall give or be given notice whilst the employee is absent from work on account of paid sick leave in accordance with clause 21, Sick Leave, on account of annual leave in accordance with clause 20, Annual Leave, and on account of bereavement leave in accordance with clause 24, Bereavement Leave, of this award.

 

5.7 Termination by Mutual Agreement - Nothing in this clause shall prevent a mutual agreement being reached between an employee and the employer for the required notice of termination of employment to be waived or reduced.

 

5.8 Deduction of Wages - An employer may deduct wages for any day on which the employee has not commenced work and on which the employee cannot be usefully employed because of any strike by any other employees who are members of the Union and further employees not attending for duty shall, except as provided by clauses 18, Holidays, and 21, Sick Leave, lose their pay for the actual time of non-attendance.

 

5.9 Terms of Transfer of Employees -

 

5.9.1 At the end of the season, an employer may transfer a seasonal employee to employment as a permanent employee.

 

5.9.2 When the season commences, an employer may transfer a permanent employee with less than one month's continuous service to employment as a seasonal employee to process peas, asparagus, citrus fruits (concentrated juice) or apples.

 

5.9.3 Any transfer made under the provisions of this subclause shall not terminate the employment or break the continuity of employment of the employee so transferred, and the employee shall be then given a statement by the employer of the terms of the employee’s new class of engagement as provided in 5.2.

 

5.10 Casual Rates of Pay -

 

5.10.1 Ordinary Hours - For work performed during ordinary hours casual employees on day work shall be paid at a rate 20 per cent more per hour than the equivalent of the weekly rates prescribed for work of the class performed by them.

 

5.10.2 Shift Rates - Casual employees on shift work shall be paid for ordinary hours at the appropriate rates prescribed in 5.10.1, plus 15 per cent thereof for afternoon shift work, plus 30 per cent thereof for night shift.

 

5.10.3 Saturdays, Sundays and Holidays - Overtime - The rates of pay for casual employees for overtime or for work on Saturdays, Sundays and holidays shall be time and a half or double time, double time and a half, or treble time, as appropriate, in accordance with clauses 12, Overtime - Rates and Conditions, and 19, Sunday and Holiday Rates, calculated as to casual day workers or day-shift workers on 1/38th of the appropriate weekly rate for the work; for such work by a casual employee on afternoon or night shift the rates ascertained for day workers or day shift workers shall have added to them in the case of afternoon shift 15 per cent or in the case of night shift 30 per cent.

 

5.10.4 Minimum Payment - Subject to 5.7, and unless instantly dismissed earlier for a reason mentioned in 5.4, a casual employee for any ordinary working day or shift upon which the employee is notified to work shall be entitled to a minimum payment as for two hours' work. Where work is required on a Saturday or Sunday or holidays by a casual employee, the employee shall be entitled to the same minimum periods of payment as are provided for permanent or seasonal employees in the same circumstances.

 

5.11 Notice to Work - A casual employee shall be notified at the end of the day's work or shift whether their services will be required for work on the following day or shift.

 

5A. Secure Employment

 

(a) 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.

 

(b) 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.

 

(c) 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.

 

6. Prohibition of Outdoor and/Or Contract Work

 

6.1 No employer shall give out work or permit work to be performed by an employee at any place other than a registered factory; and no employee shall perform work for any employer at any place other than a registered factory.

 

6.2 An employee shall not perform work by contracting, sub-contracting, sub-letting or other similar systems.

 

7. Special Rates

 

7.1 In addition to the rates of pay prescribed elsewhere in this award for any class of employee, the following extra rates shall be paid for the time an employee is working in the circumstances specified hereunder:

 

7.2 Wet Places - An employee (other than a cleaner of machinery, equipment, vats and the like) working in any place where the employee's clothing or footwear becomes wet shall be paid an amount as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, such extra rate to continue for all time that the employee is required to work in wet clothing or footwear; provided that such extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear. All protective footwear supplied to an employee under this subclause shall, if previously worn by another person, be properly sterilised before being issued to that employee.

 

7.3 Dirty Work - Cleaning Railway Trucks - An employee shall not be required to load or stack goods into a railway van which is in a dirty or offensive condition. An employee may be required to clean out a railway truck or railway van which is in such a condition, and whilst so employed shall be paid an amount as set out in Item 3 of Table 2, with a minimum payment therefore on any day as also set out in Item 3.

 

7.4 Heavy Weights - An employee required to lift, carry or stack by hand crates, cases, tubs or other containers of goods or commodities of any description weighing over 40.8 kg for more than half an hour continuously - an amount as set out in Item 4 of Table 2.

 

7.5 Carton Stacking - An employee required to work singly packing-off from one or more labelling lines when the weight of each carton is 22.7 kg or more - an amount as set out in Item 5 of Table 2.

 

7.6 Cold Temperatures - Any employee required to work in cold temperatures shall be paid extra rates as follows, whilst in temperatures -

 

7.6.1 between 7 degrees and minus 1 degree Celsius (inclusive) - an amount as set out in Item 6 of Table 2;

 

7.6.2 between minus 2 and minus 18 degrees Celsius (inclusive) - an amount as set out in Item 7 of Table 2;

 

7.6.3 below minus 18 degrees Celsius - an amount as set out in Item 8 of Table 2.

 

7.7 The appropriate extra hourly rate shall be paid for any hour or part of an hour during which the employee is working in the temperature ranges prescribed above: Provided that if during any hour the employee works in more than one temperature range, the employee shall be entitled for that hour only to the rate applicable for the lower or lowest temperature range in which the employee has worked.

 

7.8 Pea-vining Stations -

 

7.8.1 An employee at a pea-vining station who is required to live away from home in the course of that employment shall be paid, in addition to the wage rates prescribed by this award, such allowance as will be sufficient to meet the cost of reasonable board and lodging.

 

7.8.2 An employee engaged on or about a pea-vining machine or station (not including a mobile pea-viner) which is located away from the processing factory shall receive an additional amount as set out in Item 9 of Table 2.

 

7.9 Rates Not Subject to Penalty Additions - The extra hourly rates herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

 

7.10 Fumigation Gas - An employee using methyl bromide gas in fumigation work shall be paid a special rate as set out in Item 10 of Table 2.

 

8. Junior Employees

 

8.1 Junior employees employed on any classification other than as prescribed in sub-group B of Group 6 of 3.7.2 of clause 3, Wages and Classifications, shall be paid the appropriate adult rate of pay for such classification.

 

8.2 The minimum rates of wages for a junior employee employed on a classification prescribed in sub-group B of Group 6 of 3.7.2 of clause 3, Wages and Classifications, shall be 75 per cent of the weekly wage of such group.

 

8.3 The calculation of rates and wages pertaining to the above percentage shall be made in multiples of 5 cents, amounts of 2 cents or less shall be taken to the lower multiple and amounts in excess of 2 cents shall be taken to the higher multiple.

 

9. Mixed Functions

 

9.1 The employer may require an employee to temporarily perform work other than that for which the employee was engaged or on which the employee is usually employed under this award: Provided that such an employee shall not suffer any reduction in the rate of pay for the work or classification upon which the employee is usually employed unless or until the terms and conditions of employment of the employee are altered by the same notice given by the employer as is required in this award in cases of termination of employment.

 

9.2 Where an employee is required under 9.1 to temporarily perform other work and that work is classified by this award at a higher rate of pay or (in respect of any classification not provided in this award) is classified at a higher rate of pay under any other award, binding upon the employer in respect of that work, the employee shall be paid for the whole of the time employed on such work at the rate of pay prescribed for such higher classification; Provided that such employee shall be paid at the rate of such higher classification for the whole of the day if such work is performed for over two ordinary hours on any day and for the whole of the week if such work is performed for over twenty ordinary hours in any week.

 

9.3 An employee temporarily placed on other work under 9.1 shall, if such work is classified under this award at a higher rate of pay, be entitled to the conditions of employment applicable to such higher classification; but if the employee is temporarily placed on work other than that mentioned in this subclause, the conditions of employment under this award applicable to the employee's usual classification or class of work shall continue to apply.

 

9.4 Where any employee is placed on other work under 9.1, and such work is performed continuously over a period in excess of four weeks or where such employee is relieving for a period of annual leave, whichever is the longer, such employee shall not suffer a reduction in the rate pursuant to this clause except by the same notice given as required in the award in cases of termination of employment.

 

10. Hours of Work

 

10.1 The ordinary hours of work shall be 38 per week.

 

10.2 Except for shift workers, the ordinary hours of work shall be worked in five days of not more than eight hours continuously except for breaks for meals between 6.00 a.m. and 6.00 p.m. on Mondays to Fridays inclusive. Provided that where as a result of the introduction of 6.00 am - 6.00 p.m. as ordinary hours of work an existing employee (as at 28 August 2002) may lose regular or usual overtime, that change with respect to that employee shall be preceded by consultation with the employee (and where the employee is a member, consultation with the union) and if the consultation fails to resolve the matter it shall be settled in accordance with the settlement of disputes procedure.

 

10.3 The daily starting and finishing times for day work shall be fixed by the employer within the spread of hours prescribed by 10.2 hereof and shall not be altered except on one week's notice, or during the season, two days' notice, given to the employee.

 

10.4 An employee on day work or day shift may be transferred to an afternoon or night shift on at least 48 hours notice by the employer. Where an employee is so transferred without at least 48 hours notice, the shift or part thereof worked by the employee without that notice shall, for the purpose of this clause be deemed to be part of the employee's ordinary 38 hours of work. Such work shall be paid for at an extra half rate for the first three hours and an extra full rate thereafter on a daily basis in addition to the employee's ordinary rate of pay and appropriate shift penalties. Provided that this subclause shall not apply where with the consent of the employer, an employee agrees with another employee independently to exchange a rostered shift to suit the mutual convenience of the employees concerned.

 

10.5 Rostered days off falling on a public holiday

 

10.5.1 An employee who work continuous work and who by the circumstances of the arrangement of the employee's ordinary hours of work is entitled to a rostered day off which falls on a public holiday prescribed by this clause shall, at the discretion of the employer, be paid for that day 7.6 hours at ordinary rates or have an additional day added to the employee's annual leave. This provision shall not apply when the public holiday on which the employee is rostered off falls on a Saturday or Sunday.

 

10.5.2 In the case of an employee whose ordinary hours of work are arranged in accordance with 10A.2.2 or 10A.2.4, the week day to be taken off shall not coincide with a public holiday fixed in accordance with clause 18, Holidays. Provided that, the event that a public holiday is prescribed after an employee is given notice of the employee's week day off and the public holiday falls on the week day the employee is to take off, the employer shall allow the employee to take the day off on an alternate week day.

 

10A. Implementation of 38 Hour Week

 

10A.1 Ordinary hours of work shall be an average of 38 per week as provided in clauses 10, Hours of Work, and 11, Shift Work.

 

10A.2 Except as provided by 10A.4 and 10A.5 hereof, the method of implementation of the 38 hour week may be any of the following:

 

10A.2.1 by employees working less than eight ordinary hours each day; or

 

10A.2.2 by employees working less than eight ordinary hours on one or more days each week; or

 

10A.2.3 by fixing one weekday on which all employees will be off during a particular work cycle; or

 

10A.2.4 by rostering employees off on various days of the week during a particular work cycle so that each employee has one week day off during the cycle.

 

10A.3 In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

 

10A.4 Subject to 10.4, the employer and the majority of employees in the plant or sections or sections concerned may agree that the hours of work are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

 

10A.5 Circumstances may arise where different methods of implementation of the 38 hour week apply to various groups or sections of employees in the plant or establishment concerned.

 

10A.6 Notice of days off

 

Except as provided in 10A.7 and 10A.8 hereof, in cases where, by virtue of the arrangement of employee's ordinary working hours, an employee, in accordance with 10A.2.3 and 10A.2.4 hereof, is entitled to a day off during the employee's work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off. Provided that lesser period of notice may be agreed by the employer and majority of employees or section or sections concerned.

 

10A.7 Substitute days

 

10A.7.1 An employer, with the agreement of the majority of employees concerned may substitute the day an employee is to take off in accordance with 10A.2.3 and 10A.2.4 hereof for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

 

10A.7.2 An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

 

10A.8 Flexibility in relation to rostered days off

 

10A.8.1 Notwithstanding any other provision of this clause, where the ordinary hours of work of an establishment, plant or section are organised in accordance with 10A.2.3 and 10A.2.4 hereof an employer, the union and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

 

10A.8.2 Where such agreement has been reached the accrued rostered days off must be taken within twelve months on which they fall due.

 

10A.8.3 It is understood between the parties that the involvement of the union would be necessary in cases where it has members in the plants concerned and not in non-union establishments.

 

11. Shift Work

 

11.1 Definitions of Shift Work

 

"Day Shift'' shall not commence before 6.00 a.m.

 

"Afternoon Shift'' means any shift commencing after 6.00 p.m. and at or before midnight.

 

"Night Shift'' means any shift finishing after midnight and at or before 8.00 a.m.

 

11.2 Requirements to Work Shift Work

 

Subject to 11.1, 11.6 and 11.7 hereof and clause 10A, Implementation of 38 Hour Week, an employer may require any employee to perform a week's work on shift work of five shifts of 8 hours each. Such shifts shall be worked between 11.00 p.m. on a Sunday and 8.00 a.m. on the following Saturday.

 

11.3 Shift Rates

 

Except where a higher rate of pay is provided under clause 19, Sunday and Holiday Rates, for work on a Sunday or holiday, payment for any afternoon shift shall be at ordinary time plus 15 per cent, and for any night shift shall be at ordinary time plus 30 per cent. Provided that as to casual employees on shift work, subclause 5.10.2 of clause 5, Contracts of Employment, shall apply.

 

11.4 Meal Breaks on Shift Work

 

A meal break of 30 minutes shall be allowed to shift workers on all shifts, other than day shift, to be taken as nearly as possible in the middle of the shift. Where three shifts (day, afternoon and night) are worked, the time of such meal break will be counted and paid for as time worked.

 

11.5 Restrictions

 

No employees under the age of 18 years shall be employed on night shift.

 

11.6 Alteration - Times of Duties

 

The commencing and finishing times of shift work shall be fixed by the employer and shall not be altered except on one week's notice or, during the season, two days' notice, given to the employee.

 

11.7 Shift Transfers

 

An employee on afternoon or night shift may be transferred to day work, day shift or another shift on at least 48 hours' notice by the employer. Where an employee is so transferred without at least 48 hours' notice, any day or shift or part thereof worked by the employee shall be deemed to be part of the employee's 38 hours of employment. Such work shall be paid for at an extra half-rate for the first 3 hours and an extra full rate thereafter on a daily basis in addition to the employee's ordinary rate of pay and shift penalties, if applicable. Provided that this subclause shall not apply where, with the consent of the employer, an employee agrees with another employee independently to exchange a rostered shift to suit the mutual convenience of the employees concerned.

 

12. Overtime

 

12.1 Subject to the other provisions of this clause and subject further to clause 19, Sunday and Holiday Rates, overtime shall be paid to employees (other than casual employees) at the following rates:

 

12.1.1 Day Workers Monday to Friday Inclusive

 

For all time worked before 6.00a.m. or after 6.00p.m. or before the fixed starting time or after the fixed finishing time on any day, Monday to Friday inclusive, or in excess of 8 ordinary hours on any such day - time and one-half for the first three hours and double time thereafter, such double time to continue until the completion of the overtime work.

 

12.1.2 Saturday

 

For all time worked on a Saturday until noon - time and a half for the first three hours and double time thereafter, and after noon - double time.

 

Dayworkers on Piecework - The foregoing provisions for day workers shall apply to pieceworkers on day work on the basis of one and one-half and double piecework rates being respectively payable in place of time and one-half and double time.

 

12.1.3 Shift Workers

 

(a) For all time worked before the fixed starting time of any shift or after the fixed finishing time of any shift or in excess of 8 hours on any shift, or in excess of 38 ordinary hours on shift in any week - time and one-half for the first three hours and double time thereafter, plus, for all such overtime, 15 per cent of ordinary time if on afternoon shift or 30 per cent of ordinary time if on night shift. Such entitlements shall continue until the completion of overtime work.

 

(b) Where work commences on a Saturday, until noon - time and one- half for the first three hours and double time thereafter up to noon, plus for all such work 15 per cent of ordinary time if on afternoon shift; and after noon - double time, plus 15 per cent of ordinary time if on afternoon shift or 30 per cent of ordinary time if on night shift.

 

12.2 Day's Work - to Stand Alone - Except as otherwise provided in 12.1 and 12.3, in calculating overtime each day's work shall stand alone.

 

12.3 Eight Hours' Break After Overtime -

 

12.3.1 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive days.

 

12.3.2 An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of the employee’s ordinary work on the next day that the employee has not had at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

12.3.3 If, on the instructions of the employer, such an employee resumes or continues work without having had such eight consecutive hours off duty, the employee shall be paid at double rates until the employee is released from duty for such period, and the employee shall then be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

12.4 Minimum Payment on Saturday - In the case of an employee on day work being notified to work overtime on a Saturday or being notified to work overtime on a Saturday and on reporting for duty is advised that their services are not required, the employee shall be paid as for a minimum of two and one- half hours' work calculated at the rate of time and one-half until 12 noon and at double time thereafter, subject to the rate of double time applying when an employee is notified to report for work at 12 noon or later.

 

The provisions of the foregoing paragraph shall also apply to an employee on shift work, except that the minimum payment for afternoon or night shift employees shall be as for two and one-half hours' work at double time plus 15 or 30 percent, respectively, of ordinary time.

 

12.5 Call Back -

 

An employee recalled to work overtime after leaving their employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time the employee is so recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of 12.3 of when the actual time worked is less than three hours on such recall or on each of such recalls.

 

12.6 Requirement to Work Reasonable Overtime -

 

An employer may require any employee to work reasonable overtime, including work on Saturdays and Sundays, at overtime rates, and such employee shall work overtime in accordance with such requirement: Provided that no junior employee under the age of 18 years shall be required or permitted to work for more than 12 hours (exclusive of meal-breaks) after commencing work on any day.

 

Provided further that during the season weekend work shall be arranged by the employer to allow, whenever possible, an average of one Saturday or Sunday free of duty in every two weekends.

 

13. Meal Break and Allowances

 

13.1 Subject to the provisions of this clause, no day work or day shift employee shall work for more than five and a half hours without a break for a meal, which break shall be 30 minutes except where the employer and the majority of employees covered by this award agree to a break of not more than one hour nor less than 30 minutes.

 

Provided that, where a system of 12-hour days or shifts is worked, no employee shall work for more than six hours without a break for a meal.

 

13.2

 

13.2.1 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer with 24 hours notice if it is necessary to do so in order to meet a requirement for continuity of operations.

 

13.2.2 An employer may stagger the time of taking a meal break and rest break to meet operational requirements.

 

13.3 No additional tea or meal break shall apply where a day work or day shift employee finishes work for the day not later than 1.5 hours after the end of the employee’s ordinary hours on any ordinary day or at that time on a Saturday, Sunday or holiday.

 

13.4 No midday meal break shall apply where a day work or day shift employee finishes work for the day at or before 12.30 p.m. on a Saturday, Sunday or holiday.

 

13.5 In the case of shift workers, when working overtime including a Saturday, Sunday or holiday shift, a further meal break of 30 minutes shall be allowed at the end of such shift where more than 1.5 hours' further work is to be performed. Such further meal break shall be paid for as time worked.

 

13.6

 

13.6.1 For work performed by a day worker or day shift worker during the employee's recognised midday meal break on any ordinary day, time and a half rate shall apply until a meal break is allowed or until cessation of ordinary hours on the day, whichever is the earlier. Provided that the employer shall not be obliged to pay such overtime rates to an employee working through the employee’s recognised meal break when that employer grants to the said employee an earlier meal break commencing not more than 30 minutes before the employee’s recognised meal break.

 

13.6.2 Where a day worker or day shift worker is required to work on a Saturday, Sunday or holiday, the employee shall be notified by the employer on the preceding actual working day of the time that the midday meal break will be taken.

 

13.6.3 For work performed by a day worker or a day shift worker on a Saturday, Sunday or holiday during such notified midday meal break, the rate of pay then being received by the employee shall be increased by one-half until a meal break is allowed or until work ceases for the day, whichever if the earlier.

 

13.6.4 Provided that the employer shall not be obliged to pay such additional rate to an employee working through the employee’s notified meal break where that employer grants to the said employee an earlier meal break commencing not more than 30 minutes before the employee’s notified meal break.

 

13.7

 

13.7.1 Where a day-work or day-shift employee is required and does in fact work for more than 9.5 hours on any day, such employee shall either be supplied by the employer with a meal consisting of two courses, one of which shall be a hot meat (or fish) and vegetables or be paid an amount as set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

13.7.2 Should such an employee refuse to work a minimum of two hours' overtime or additional overtime (as the case may be), if so required by the employer, the employee shall forfeit any right to payment of a meal allowance.

 

13.7.3 Payment of such meal allowance shall not apply in the case of an employee living within a walking distance of not more than half a mile from the place of employment, if one hour is allowed as time for a meal.

 

13.8 Meal or Meal Allowances - Shift Workers - The provisions of 13.7.1 and 13.7.2 shall also apply to a shift worker other than a day-shift worker, if the employee is required to and does in fact work for more than nine and a half hours on any day or if such employee performs an additional four hours of work after the nine and a half hours as aforesaid.

 

14. First-Aid Attendant

 

14.1 Every employer shall appoint at least one competent person to be in charge of first-aid on each day or shift.

 

14.2 If any such person so appointed in accordance with 14.1 is employed under the terms of this award, the employer shall pay to the employee’s a minimum amount as set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to all other payments due to the employee under this award.

 

14.3 The name of each person or persons in charge of first-aid on each shift shall be clearly displayed on the notice board in the establishment.

 

14.4 It shall be a defence to a prosecution for breach of 14.1 if the employer can show that the employee has taken all reasonable steps to obtain a competent person in first-aid, including regular advertising for such person and approaching their existing employees to train as first-aid attendants.

 

NOTE: Relevant requirements of the applicable Occupational Health and Safety legislation and regulations, as amended from time to time should be considered.

 

15. State Wage Case Adjustments

 

The rates of pay in this Award include the adjustments payable under the State Wage Case 2007. These adjustments may be offset against:

 

(a) any equivalent overaward payments, and/or

 

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

 

16. Morning and Afternoon Tea

 

Employees shall be allowed morning and afternoon tea at such times and in such manner as shall not interfere with the continuous running of the factory.

 

17. Free Tea, Coffee, Milk and Sugar

 

Tea and coffee, which may be instant coffee, together with milk and sugar shall be supplied free of charge by the employer to all employees during meal breaks and morning and afternoon tea breaks.

 

18. Holidays

 

18.1 The following days shall be holidays for the purposes of this award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Labour Day, Queen's Birthday, August Bank Holiday, Christmas Day, Boxing Day, Union Picnic day (to be observed during the period from June 1 to November 15, and the union to notify the employer (in writing) of the date to be observed throughout the State or such other day as is generally observed as such holiday), and any other day proclaimed as a holiday to be observed throughout the State or such other day as is generally observed in the locality as a substitute for any of the aforesaid days, respectively, other than Union Picnic Day.

 

18.2 Payment for holidays:

 

18.2.1 Subject to the other provisions of this clause, employees (other than casuals) who are not required to work on any of such holidays during all or some of the hours which on any other day would have been their ordinary hours, shall be paid for such ordinary hours not worked (or not paid for under clause 19, Sunday and Holiday Rates) at ordinary time plus (where appropriate) the shift allowance of 15 or 30 per cent thereof prescribed for afternoon and night shift workers, as the case may be.

 

18.2.2 This subclause shall not apply to holidays observed on days which would otherwise have been ordinary working days.

 

18.2.3 An employee in receipt of workers' compensation in respect of any day observed as a holiday shall not be entitled to payment under this clause for time not worked on that day.

 

18.3 Absence Before or After Holiday - An employee who is not required to work on any holiday shall not be entitled to payment under 18.2 if the employee is absent from work on the actual working day immediately before or after the holiday, unless the employer consented to such absence or the employee is absent through circumstances beyond the employee’s control: Provided that where payment for more than one holiday not worked could be involved through such absence, the employee shall be disentitled to payment only for one holiday, unless the employee is absent on the actual working days both immediately before and immediately after such holidays.

 

18.4 Notification to work on a holiday:

 

18.4.1 An employee (other than a casual) shall be notified by the employer at least seven days prior to a holiday that such employee is required to work on that holiday: Provided that an employee whose employment commences less than seven days before any holiday shall be notified of such a requirement upon engagement.

 

18.4.2 Notification of any requirement to work on a holiday shall be given to the employee personally or by posting a notice to all employees concerned in a prominent position in the employer's establishment or the relevant section or sections thereof.

 

18.5 Failure to Work on a Holiday After Agreement or Requirement - An employee who fails to attend for duty on a holiday after being required or agreeing to work thereon in accordance with 18.4 shall not be entitled to payment under18.2 for a holiday not worked, except where the employee’s absence is due to circumstances beyond the employee’s control, proof of which may be required by the employer: Provided that, where in cases of absence mentioned above, payment for more than one holiday not worked may be involved, the employee shall be disentitled to payment only for one holiday, unless the employee is absent on the actual working days both immediately preceding and succeeding the holidays.

 

18.6 Payment for Holidays - Special Circumstances - An employee, other than a casual, whose employment is terminated (other than by instant dismissal in accordance with clause 5, Contracts of Employment - of this award) less than seven days before any holiday, and who is re-engaged less than 14 days after the holiday, shall be paid on re-engagement one additional day's pay at the rate specified in 18.2 if the holiday was observed on what otherwise would have been an ordinary working day. In the case of such a termination before Good Friday or Christmas Day and re-engagement less than 14 days after the following Easter Monday or New Year's Day, as the case may be, the employee shall be paid one day's pay at the rate specified in respect of each of the intervening holidays other than Easter Saturday.

 

18.7 Definition of Christmas Day - For the purpose of payment prescribed by this clause for work on Christmas Day and in a year where Christmas Day falls on a Saturday or a Sunday and the legislation of the State or the Government of the State in which the employee is employed proclaims or declares another day in substitution for Christmas Day or a holiday additional to Christmas Day, the rate of treble time shall be paid for work done on 25 December in any such year and for work upon the said substituted day or additional holiday, as the case may be, shall be paid at the rate of double time and one-half.

 

19. Sundays and Holiday Rates

 

19.1 Day Workers Other than Pieceworkers - All work by day workers (other than piecework) performed on Christmas Day and Good Friday shall be paid for at the rate of treble time, on other holidays at the rate of double time and one-half, and on Sundays at the rate of double time. The minimum payment shall be as for four hours' work at treble time, double time and one-half or double time, as the case may be. Such treble time, double time and one-half or double time shall continue until the completion of the work commenced on the Sunday or holiday.

 

19.2 Day Workers - Piecework - All piecework performed by day workers on Christmas Day and Good Friday shall be paid for at treble rates, on other holidays at the rate of double and one half rates, and on Sundays at double rates, such treble or double and one half rates or double rates to continue until the completion of the work commenced on the Sunday or the holiday.

 

The minimum payments to pieceworkers on day work on Sundays and holidays shall be as for four hours' work at double time, double time and one half or treble time rates, as the case may be.

 

19.3 Shift Workers - Subject to 19.4 and 19.5, shift workers for all time worked on a Sunday or holiday shall be paid in accordance with 19.1 or 19.2 of this clause (as appropriate) plus 15 or 30 per cent of ordinary time, or ordinary piece rates (as appropriate) according to their shift.

 

19.4 Definitions - Where shifts fall partly on a holiday, that shift the major portion of which falls on the holiday shall be regarded as the holiday shift and be payable at the appropriate rates under 19.1 or 19.2: Provided that, by agreement between the employer and the union, the shift which commenced during the holiday may be observed as the holiday shift, in which case holiday rates shall not be payable for any part of the preceding shift worked during such holiday.

 

19.5 Work Performed Between 11 p.m. and Midnight Sundays - Where shifts commence between 11 p.m. and midnight on a Sunday, the times so worked before midnight shall not entitle the employee to the Sunday rate of pay, but to the rate payable for the following day.

 

19.6 Reporting for Duty and Not Required to Work - In the case of an employee (including a pieceworker) working on a Sunday or holiday or being notified to work on a Sunday or holiday, and on reporting for duty is advised that their services are not required, the employee shall be paid -

 

19.6.1 in the case of a Sunday, as for a minimum of two and a half hours' work at the rate of double time if a day worker, and at double time plus 15 per cent or 30 per cent of ordinary time (as appropriate) if a shift worker;

 

19.6.2 in the case of Christmas Day and Good Friday, as for a minimum of two and a half hours' work at the rate of treble time for a day worker and at treble time plus 15 per cent of ordinary time (as appropriate) if a shift worker;

 

19.6.3 in the case of any other holiday prescribed by 18.1, as for a minimum of two and a half hours' work at double time and one-half if a day worker, or double time and a half plus 15 per cent or 30 per cent of ordinary time (as appropriate) if a shift worker.

 

20. Annual Leave

 

20.1 Period of Leave - Except as hereinafter provided, a period of 28 consecutive days' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee (other than a casual employee) by their employer after a period of twelve months' continuous service (less the period of annual leave) with such employer.

 

20.2 Leave exclusive of Public Holidays -

 

20.2.1 If any holiday mentioned in clause 18, Holidays, of this award, falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one working day for each such holiday observed as aforesaid.

 

20.2.2 Subject to anything hereinbefore contained an employee shall not be entitled to payment for any holiday which falls within the employee’s period of annual leave and is observed on a day which in the case of such employee would otherwise have been an ordinary working day if, except for reasonable cause (proof whereof shall be upon the employee) the employee fails to resume work at their ordinary starting time on the working day immediately following the period comprising their period of leave (extended by any such intervening holiday or holidays) and to remain at work thereafter for the number of days equivalent to the number of such holidays.

 

20.3 Time of Leave Taking - Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued and after not less than one month's notice to the employee:

 

Provided that a shorter period of notice may be given by mutual agreement between the employer and the employee and with the concurrence of the branch secretary of the union:

 

Provided further that the said period of six months may be extended by a further period not exceeding six months by mutual agreement in writing between the employer and the employee and with the concurrence of the branch secretary of the union.

 

20.4 Leave to be Taken - The annual leave provided for by this clause shall be allowed and shall be taken, and except as provided in 20.6 and 20.7 of payment shall not be made or accepted in lieu of annual leave.

 

20.5 Payment for Period of Annual Leave - Each employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period.

 

Subject to 20.6 each employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:

 

20.5.1 Timeworkers (other than Pieceworkers) -

 

(a) The rate applicable to the employee as prescribed by clauses 3, Wages and Classifications; 8, Junior Employees; 14, First-Aid Attendant; and

 

(b) Subject to 20.6.2 the rate prescribed for work in ordinary time by clause 11, Shift Work, of the award, according to the employee’s roster or projected roster;

 

(c) The rate payable pursuant to clause 10, Hours of Work, of this award, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

 

(d) Any other rate to which the employee is entitled in accordance with their contract of employment for ordinary hours of work: provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by clause 7, Special Rates; clause 12, Overtime; and 28.2 of this award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.

 

20.6 Loading on Annual Leave - During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by 20.5.1.

 

The loading shall be as follows:

 

20.6.1 Day Workers - an employee who would have worked on day work only had the employee not been on leave - a loading of 17.5 per cent.

 

20.6.2 Shift Workers - an employee who would have worked on shift work had the employee not been on leave - a loading of 17.5 percent.

 

Provided that where the employee would have received shift loadings prescribed by clause 11, Shift Work, had the employee not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17.5 per cent, then the shift loadings shall be added to the rate of wage prescribed by 20.5.1 in lieu of the 17.5 per cent loading:

 

Provided further, that if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by 20.5.1 in lieu of the shift loadings.

 

The loading prescribed by this subclause shall not apply to proportionate leave on termination except when the employment of a seasonal employee is terminated by the employer for reasons other than misconduct.

 

20.7 Leave Allowed Before Due Date -

 

20.7.1 An employer may allow an employee to take annual leave either wholly or partly in advance before the right thereto has accrued due. In such case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part thereof had been taken before it accrued.

 

20.7.2 Where annual leave or part thereof has been granted pursuant to 20.7.1, before the right thereto has accrued due, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which the leave was granted, and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under 20.8, the employer shall not be liable to make any payment to the employee under 20.8, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

 

20.8 Proportionate Leave on Termination - If an employee other than a casual employee, who after one week's continuous service in the employee’s first qualifying twelve monthly period with an employer, leaves the employment of the employer or the employee’s employment is terminated by the employer the employee shall be paid at the appropriate rate of wage prescribed by 20.5 for 3.08 hours for each five ordinary working days worked and in respect of which leave has not been granted under this clause.

 

20.9 Calculation of Continuous Service -

 

20.9.1 Service shall be deemed to be continuous subject to:

 

(a) Any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations hereunder in respect of annual leave;

 

(b) Any absence from work on account of personal illness or injury, or on account of leave granted by the employer;

 

(c) Any other absence from ordinary hours of employment due to reasonable cause (proof whereof shall be on the employer);

 

(d) Any break in employment with one employer during the season (as defined): provided that only the aggregate of actual service given within the season shall be taken into account for the purpose of the payment prescribed in 20.6.

 

Provided that in cases of personal illness or injury or absence with reasonable cause the employee to be entitled to the benefit of this subclause shall, if practicable, inform the employer in writing within twenty-four hours after the commencement of such absence of the employee’s inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the employee’s absence.

 

20.9.2 Any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

 

20.9.3 In cases of individual absenteeism, such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union a copy of such notice not later than the day it is posted up in the plant.

 

20.9.4 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the employee’s last recorded address, in which case it shall be deemed to have reached the employee in due course by post.

 

20.9.5 In calculating the period of twelve months' continuous service, absences not exceeding twenty-five working days shall be counted as time worked if such absences arise from anyone of the following:

 

(a) personal illness or injury certified by a medical practitioner as requiring absence from work;

 

(b) bereavement leave in accordance with clause 24, Bereavement Leave, of this award.

 

Other absences from work shall not be taken into account.

 

20.10 Service Before Date of Award - Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed.

 

20.11 Calculation of Month - For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the date which in the latest month in question has the same date number as that which the commencing day had in its month, and if there be no such day in such subsequent month.

 

20.12 Employer - Successorship of Business, etc. - Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when the employee became such successor or assignee or transmittee, the employee, in respect of the period during which the employee was in the service of the predecessor, shall for the purpose of this clause be deemed to have been in the service of the employer.

 

20.13 Annual Close Down - Where an employer closes down their plant, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the plant, or section or sections concerned, the following provisions shall apply:

 

20.13.1 The employee may by giving not less than four weeks' notice of the intention so to do stand off for the duration of the close- down all employees in the plant or section or sections concerned and allow to those who are not then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to 20.1 paid leave on a proportionate basis at the appropriate rate of wage as prescribed by 20.5 and 20.6 for 3.08 hours for each five ordinary working days worked.

 

20.13.2 An employee who has then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to 20.1, and has also completed a further week or more of continuous service shall be allowed the employee’s leave, and shall subject to 20.10 hereof also be paid at the appropriate rate of wage as prescribed by 20.5 and 20.6 for 3.08 hours for each five ordinary working days worked since the close of their last twelve-monthly qualifying period.

 

20.13.3 The next twelve-monthly qualifying period for each employee affected by such close-down shall commence from the day on which the plant, or section or sections concerned is re- opened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause shall be deemed to be time of service in the next twelve-monthly qualifying period.

 

20.13.4 If in the first year of the employee’s service with an employer an employee is allowed proportionate annual leave under 20.13.1 and subsequently within such year leaves the employee’s employment or their employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of 20.8 subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

 

20.13.5 An employer may close down their plant for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down the plant in two separate periods one of those periods shall be for a period of at least 21 consecutive days. Provided that where the majority of the employees in the plant or section or sections concerned agree the employer may close down the plant in accordance with this subclause in two separate periods neither of which is of a least 21 consecutive days, or in three separate periods. In such cases the employer shall advise the employees concerned of the proposed dates of each close-down before asking them for their agreement.

 

20.14 Part Close-Down and Part Rostered Leave -

 

20.14.1 An employer may close down the plant or a section or sections thereof for a period of at least twenty-one consecutive days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.

 

20.14.2 An employer may close down the plant, or a section or sections thereof, for a period of less than twenty-one consecutive days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of employees in the plant, or a section or sections thereof respectively and before asking the employees concerned for their agreement the employer shall advise them of the proposed date of the close- down and the details of the annual leave roster.

 

20.15 Notification to Union - If a vote by employees is required pursuant to 20.13 and 20.14, the employer shall notify the office of the union not less than twenty-four hours before such vote is to be taken.

 

20.16 Broken Leave - The annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods then one of those two periods must be of at least 21 consecutive days. Provided that if the employer and an employee so agree then the employee’s annual leave entitlement may be given and taken in two separate periods neither of which is at least 21 consecutive days, or in three separate periods.

 

Provided further that an employee may, with the consent of the employee’s employer, take short-term annual leave, not exceeding four days in the calendar year, at a time or times separate from any of the periods determined in accordance with this subclause.

 

21. Sick Leave

 

21.1 Except as otherwise provided, an employee (other than a casual) who is absent from work during ordinary hours on account of personal illness, injury, elective surgery, or dental work other than routine dental maintenance, shall in the case of a day worker, be entitled to leave of absence at the ordinary time rate of pay of the appropriate classification and in the case of a shift worker at the ordinary time rate of pay of the appropriate classification plus the employee’s relevant shift allowance, of 38 hours of paid sick leave during the employee’s first year of employment with the employer and to 61 hours of paid sick leave during each subsequent year of continuous employment, subject to the following conditions and limitations:

 

21.1.1 The employee shall not be entitled to such leave unless the employee has been continuously in the service of the employer concerned for at least one month immediately before any such absence.

 

21.1.2 The employee shall not be entitled to such leave for any period in respect of which the employee is entitled to workers' compensation.

 

21.1.3 The employee shall, within 24 hours (excluding a Saturday, Sunday or holiday) of the commencement of such absence unless the employer is satisfied this was not reasonably practicable, inform the employer of the employee’s inability to attend for work and, so far as practicable, shall then state the nature of the illness or injury and the estimated duration of the absence.

 

NOTE: In order to assist in the planning of work for the following day an employee who is absent should arrange to notify the employer of the employee’s absence as soon as possible after the commencement of the absence.

 

21.1.4 An employee absent on paid sick leave for a period not exceeding three consecutive days shall, if required by their employer, produce evidence of their illness by a statutory declaration. An employer shall not be required to pay sick leave for any absence exceeding three consecutive days unless the employee produces a certificate signed by a duly qualified medical or dental practitioner, whichever is appropriate, certifying that the employee is, in the opinion of that practitioner, unable to attend for work due to personal illness or injury, elective surgery or dental work other than routine dental maintenance.

 

To become entitled to paid sick leave, such certificate shall indicate that the illness or injury is consistent with the duration of the absence.

 

21.1.5 In the case of an employee who has had more than one period of employment with the one employer in any period of twelve months, the sick leave year for the second or subsequent period of employment shall commence on the previous July 1 and the employer may deduct from the sick leave credit of 40 hours any sick leave paid to the employee since that date by the employee or another respondent to this award.

 

21.1.6 Sick leave shall accumulate from year to year of continuous employment with one employer so that any balance of the period or payment specified in 21.1.5 which has in any year not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by that employer in a subsequent year without diminution of, and before drawing upon, the sick leave prescribed in respect of that year:

 

Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of seven years, but no longer, from the end of the year in which it accrues.

 

21.2 For the purpose of administering 21.1.5, an employer may, within two weeks of the employee entering their employment, require an employee to make a sworn declaration or other written statement as to what paid sick leave the employee has had from another respondent employer since the previous July 1 and upon such statement the employer shall be entitled to rely and act.

 

21.3 A pieceworker shall be paid sick leave under this clause at the time work rate appropriate to the work and shift at which the employee would, except for the illness or injury causing absence, have been employed.

 

22. Personal/Carer's Leave

 

22.1 Use of Sick Leave

 

22.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 22.1.3(b) 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 21, 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.

 

22.1.2 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.

 

22.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a) the employee being responsible for the care of the person concerned; and

 

(b) the person concerned being:

 

(i) a spouse of the employee; or

 

(ii) 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

 

(iii) 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

 

(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(v) 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.

 

22.1.4 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 39, Avoidance of Industrial Disputes, should be followed.

 

22.2 Unpaid Leave for Family Purpose

 

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 22.1.3(b) above who is ill or who requires care due to an unexpected emergency.

 

22.3 Annual Leave

 

22.3.1 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.

 

22.3.2 Access to annual leave, as prescribed in 22.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

22.3.3 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.

 

22.3.4 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.

 

22.4 Time Off in Lieu of Payment for Overtime

 

22.4.1 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.

 

22.4.2 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.

 

22.4.3 If, having elected to take time as leave in accordance with 22.4.1, 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.

 

22.4.4 Where no election is made in accordance with 22.4.1, the employee shall be paid overtime rates in accordance with the award.

 

22.5 Make-up Time

 

22.5.1 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.

 

22.5.2 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.

 

22.6 Personal Carers Entitlement for casual employees -

 

(1) Subject to the evidentiary and notice requirements in 22.1.2 and 22.1.4 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 22.1.3(b) 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.

 

23. 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).

 

24. Bereavement Leave

 

24.1 An employee, other than a casual employee, shall be entitled to three days bereavement leave without deduction of pay, up to and including the day after the funeral, on each occasion of the death of a person as prescribed in 24.3.

 

Provided that, if the employee claims payment for such leave in excess of two ordinary days, the employee shall furnish, if required, proof satisfactory to the employer that the employee attended the funeral.

 

24.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

24.3 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 22.1.3 (b) of clause 22 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.

 

24.4 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.

 

24.5 Bereavement leave may be taken in conjunction with other leave available under 22.2, 22.3, 22.4 and 22.5. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.6 Bereavement entitlements for casual employees

 

24.6.1 Subject to the evidentiary and notice requirements in 24.2 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 22.1.3(b) of clause 22, Personal / Carer's Leave.

 

24.6.2 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.

 

24.6.3 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 engage a casual employee are otherwise not affected.

 

25. Implements, Materials, Protective Clothing and Uniforms

 

25.1 Implements - Materials - The employer shall provide all brushes, spoons, knives and all necessary implements and all materials requisite for the work of employees.

 

25.2 Gloves - The employer shall provide gloves to employees as may reasonably be required for the performance of their work.

 

25.3 Washable Outer Garments - State Laws - Where an employee is required to the work in which the employee is engaged to wear a washable outer garment, such garment shall be provided and kept laundered by the employer.

 

25.4 Caps, Uniforms, etc. - Where the employer requires, or the provisions of any State law require, an employee to wear a cap, overalls or uniform of any description, such items shall be supplied by the employer and be kept laundered by the employer.

 

Provided, however, that where the employer cannot reasonably be expected to arrange for an industrial or other laundry service, nothing in this subclause shall prohibit that employer from reaching agreement in writing with the union for the laundering of overalls or uniforms by the employees concerned:

 

Provided further that an individual employee may, through the union, make an agreement in writing with the employer to launder the employee's own overalls or uniform.

 

Caps are not part of the overalls or uniforms.

 

Any cap required to be worn by employees shall be of a net type or otherwise to allow suitable head ventilation.

 

25.5 Protective Clothing - Dirty Work - Where reasonably required for any dirty work, washable aprons or other suitable protective clothing shall be provided for employees. This subclause shall operate to the extent that 25.3 and 25.4 do not otherwise apply to protective clothing items.

 

(NOTE: See also 7.2 of clause 7, Special Rates, as to wet work.)

 

25.6 Return of Implements and Clothing - All items provided by the employer under the foregoing provisions of this clause shall be supplied without cost to the employee, provided that any used items requiring replacement shall be returned to the employer before any replacement without charge is made. Any item issued shall, if not returned on request by the employer, be paid for at a reasonable rate by the employee concerned.

 

25.7 Barrier Cream, etc. - Barrier cream or other protective ointment shall be available without charge for employees engaged in handling fruits, vegetables, pastes, gums, lacquer and like preparations.

 

25.8 Cool Stores -

 

25.8.1 Employees required to work in cool stores or chambers in temperatures below 7 degrees Celsius, shall be provided with suitable headgear and protective clothing, including protective footwear:

 

Provided that all protective footwear issued in accordance with this provision shall be properly sterilised before such issue if such footwear has been previously worn by another person.

 

25.8.2 Employees required to work in temperatures of minus 18 degrees Celsius or below shall be issued with an overall blanket-type suit, either one-piece or two-piece, a balaclava or similar-type helmet and suitable gloves in addition to other necessary outer clothing and freezer boots.

 

25.8.3 Where employees such as fork-lift drivers are required to enter cool stores or freezing chambers only for short periods, the protective clothing to be supplied by the employer shall be such as may be mutually agreed upon.

 

25.8.4 Items supplied under this subclause shall remain the property of the employer.

 

(NOTE: See 7.6 as to special rates for working in cold temperatures.)

 

25.9 Request to Wear Protective Clothing - Where an employee is required to wear protective clothing supplied by their employer for -

 

25.9.1 safety reasons; or

 

25.9.2 in the interests of hygiene; or

 

25.9.3 in accordance with Federal law or the law of the State in which the employee works,

 

the employee shall wear such clothing.

 

25.10 Safety Footwear - When the employer requires an employee to wear safety boots or safety shoes, the employer shall supply them free of charge to the employee: Provided that the employee shall wear such safety boots or safety shoes in accordance with the requirements of the employer, and such safety boots or safety shoes shall remain the property of the employer.

 

26. Damage to Clothing

 

Where satisfactory evidence is produced by an employee to the employer, reasonable compensation shall be made by the employer where, as a result of the employment, an employee's clothing is damaged or destroyed: Provided that where such damage or destruction occurs and an employee was not wearing protective clothing in accordance with the requirements of 25.9 then no compensation shall be payable.

 

27. Floor Covering

 

See applicable Occupational Health and Safety legislation and regulations, as amended from time to time.

 

28. Transport of Employees (11 P.M. to 7 A.M.)

 

28.1 Where an employee finishes work, whether overtime or ordinary time, at any time between 11 p.m. and 7 a.m. the following day, the employer shall transport the employee from the factory to the employee's place of residence at no cost to the employee, where reasonable public transport is not available.

 

For the purposes of this paragraph reasonable public transport means bus or train available within 500 metres from the main gate of the factory, and such transport shall depart not more than 30 minutes after the cessation of work; provided that the employee does not have to walk more than 1 kilometre from the main gate of the factory to the employees residence; provided further that the transport specifically arranged by the employer in the terms as specified in this clause shall be free.

 

This subclause shall not apply to an employee residing within a walking distance of 1 kilometre from their place of employment nor to any employee to whom private transport is reasonably available at time of finishing work.

 

28.2 An employee sent temporarily, other than at the employee’s own request, from the employee's usual place of employment to another shall be paid at ordinary rates of pay for any excess travelling time incurred beyond that ordinarily incurred in travelling to and from the usual place of employment.

 

28.3 An employee required by their employer to travel from the employee’s usual place of work shall be provided with transportation by their employer. In the case of rail travel, such transportation shall be by first class where available, and in the event of an employee using their own vehicle with the consent of their employer they shall be paid 11 cents per kilometre travelled.

 

29. Payment of Wages

 

29.1 The employer may determine the method of payment of wages which shall be paid weekly, during working hours, by one of the following ways:

 

(a) Cash;

 

(b) Cheque; or

 

(c) Electronic funds transfer (EFT) into the employees' nominated financial institution account, without cost to the employee.

 

29.2 Payment of cash or cheque wages - if cash or cheque wages are to be paid, such cash or cheque wages shall be paid without delay prior to the employee ceasing work on the nominated pay day. Employees who are kept waiting for their cash or cheque wages for more than ten minutes after the usual time for ceasing work shall be paid overtime rates for all waiting time. This subclause shall not apply if cash or cheque wages cannot be paid within working time due to circumstances beyond the employer's control.

 

29.3 Payment of wages by EFT - where wages are paid by the employer into an employee's nominated bank account, wages shall be available on the nominated pay day. If the wages are not available on the designated pay day, the employee shall contact the employer, who shall contact the relevant financial institution for the wages to be made available.

 

If, by the day following the designated pay day, the wages are still not available, employees who are kept waiting for wages to be credited into their nominated bank account for more than ten minutes after the usual time for ceasing work on pay day shall be paid overtime rates for all waiting time. This subclause shall not apply if wages cannot be paid within working time due to circumstances beyond the employer's control.

 

29.4 Payment on termination - upon termination of employment, in the case of cash payment of wages or payment of wages by electronic funds transfer, all wages due to an employee (including a casual) shall be paid to an employee on the day of termination. In the case of payment of wages by cheque, such wages shall be forwarded to the employee by post on the next ordinary working day.

 

30. Aged, Slow and Infirm Workers

 

See Industrial Relations Act 1996.

 

31. Limitation of Employer's Liability

 

Where an employer bound by this award has made a payment to an employee bound by this award, which payment purports to be a payment of the wages payable to the employee for any period, such employer shall not be liable to pay to the employee any further sums prescribed by this award in respect to any services rendered to such employer during such period unless within twelve calendar months after the last day of such period a demand in writing of such further sum claimed has been given to the employer by the employee or some person on the employee’s behalf or by the local representative of the union.

 

32. Notice Board and Posting of Award

 

32.1 The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in the establishment, upon which accredited union representatives shall be permitted to post formal union notices, signed or countersigned by the representative posting it. Any notice posted on such board not so signed or countersigned may be removed by an accredited union representative or by the employer.

 

32.2 The Award shall be posted in an accessible position in the factory.

 

33. Shop Stewards

 

An employee appointed shop steward in the shop or department in which the employee is employed shall, upon notification thereof to their employer, be recognised as the accredited representative of the union to which the employee belongs, and shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting employees whom they represent.

 

34. Right of Entry

 

See Industrial Relations Act 1996.

 

35. Jury Service

 

An employee, other than a casual employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service subject to the following conditions:

 

35.1 The employee shall advise the employer as soon as practicable that the employee has to attend for jury service, and if required by the employer, produce their notice to attend.

 

35.2 An employee who has been given more than seven days' notice to attend for jury service shall give the employer at least seven days' notice and if the employee fails to give such notice, without reasonable excuse, the employee shall forfeit the entitlement to payment by the employer.

 

35.3 An employee on day shift or day work who is not required for jury service after 1.00 p.m. on any day shall contact the employer by telephone to ask whether the employer requires the employee to report for the balance of the day and, if so required, the employee shall so report.

 

35.4 An employee on afternoon shift or night shift who is discharged or excused from jury service upon the day upon which the employee is first called or on any subsequent day on which the employee has been required to take part in court proceedings shall report for work;

 

(a) in the case of afternoon shift the employee, if possible at the employee’s normal starting time or as soon thereafter as possible after being discharged or excused from jury service; and

 

(b) in the case of a night shift employee, at the employee’s normal starting time.

 

Provided that an employee on afternoon shift or night shift who is on continuing jury service and who has been required to take part in court proceedings for more than half the day shall not be required to report for work until the expiration of their jury service and if the jury service has lasted for more than two days until the shift next following the completion of their jury service.

 

35.5 The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

36. Accommodation

 

Any employee who is required by the employer to remain away from their usual place of residence or, in the case of a seasonal worker, their abode for the season shall be provided with reasonable meals and accommodation which shall, if accommodation is available in the locality include ensuite facilities if available and the cost of such meals and accommodation shall be borne by the employer.

 

37. Accident Pay

 

37.1 Definitions - For the purpose of this clause and subject to the terms of this clause, the words hereunder shall bear the respective definitions set out herein:

 

37.1.1 "Accident Pay" -

 

(a) Total Incapacity - In the case of an employee who is or is deemed to be totally incapacitated within the meaning of the Workers' Compensation Act and arising from an injury covered by this clause, "accident pay" means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant sections of the Act as the case may be for the week in question and the total 38-hour weekly award rate and weekly over-award payment for a day worker which would have been payable under this award, for the employee's normal classification of work for the week in question if the employee had been performing the employee’s normal duties: Provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates or other similar payments.

 

(b) Partial Incapacity - In the case of an employee who is or is deemed to be partially incapacitated within the meaning of the Act and arising from an injury covered by this clause, "accident pay" means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant sections of the Act in New South Wales, for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business and the total 38-hour weekly award rate and weekly over-award payment for a day worker which would have been payable under this award, for the employee's normal classification of work for the week in question if the employee had been performing their normal duties: Provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates or other similar payments.

 

Provided that where, in respect of any claim for compensation brought by an employee in the Workers' Compensation Commission pursuant to the relevant sections of the Workers' Compensation Act awards to the employee an amount of weekly compensation or agreement is reached that the employee should receive a weekly amount of compensation less than the difference referred to in the relevant sections of the Act, such an award or agreement shall not operate to increase any liability of the employer to pay any higher amount of accident pay by reason of the employee receiving less than the said difference referred to in the relevant section of the Workers' Compensation Act and for the purpose of this calculation the employee in such event shall be deemed to have recovered the full amount of the difference referred to in the relevant section of the Act.

 

(c) Production Incentive Earnings Scheme - For the purposes of the calculation of the total 38-hour weekly award rate and weekly over-ward payment in 37.1.1(a) and 37.1.1(b) of this clause, payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by results, task or bonus scheme or however entitled) shall not be taken into account: Provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments shall be taken into account and the form and amount of such payments shall be determined between the employer and the employees concerned and/or the union.

 

(d) Payment for Part of a Week - Where accident pay is payable for part of a week, the amount shall bear the same ratio to accident pay for a full week that ordinary working time during such part bears to the worker's full ordinary week.

 

37.1.2 "Injury" shall be given the same meaning and application as applying under the Workers' Compensation Act and no injury shall result in the application of accident pay unless an entitlement exists under the Act.

 

37.1.3 "Union" means the Automotive, Food, Manufacturing, Engineering and Printing Kindred Industries Union, New South Wales Branch - Confectionery and Food Division.

 

37.1.4 "Workers' Compensation Act" or "Act" means the Workers' Compensation Act 1987.

 

37.2 Qualifications for Payment - Always subject to the terms of this clause, an employee covered by this award shall, upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, be paid accident pay by the employer who is liable to pay compensation under the Act, which liability by the employer for accident pay may be discharged by another person on their behalf:

 

Provided that:

 

37.2.1 Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom the employee was employed at the time of the incapacity and then only for such period as the employee receives a weekly payment under the Act: Provided that if an employee on partial incapacity cannot obtain employment from their employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable and the employee shall be on leave of absence from their employer.

 

Provided further that an employer shall not terminate the employment of an employee who is incapacitated and receiving accident pay except in those cases where:

 

(a) the termination is due to serious and/or wilful misconduct on the part of the employee; or

 

(b) the termination arises from a declaration of liquidation of the company in which case the employee's entitlement shall be considered a debt due and owing by their employer to the employee; or

 

(c) the period specified in 37.2.3 has expired.

 

37.2.2 As to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant section of the Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed by the employer at the time of the incapacity for a minimum period of one month.

 

37.2.3 An employee on engagement may be required to declare all workers' compensation claims made in the previous 5 years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit the employee’s entitlement to accident pay under this clause.

 

37.2.4 Subject to the provisions of 37.2.1 of this subclause, an employer may terminate, at the conclusion of the appropriate season as defined by 2.12 and 2.13.

 

(a) an employee who, during the 12 months preceding the date of the incapacity, was not employed (either in the food preserving industry or in other employment) for more than 26 weeks:

 

(b) a person who is, apart from the seasonal employment, a student undergoing a course of full-time study.

 

Proof of employment for more than 26 weeks, within the terms of 37.2.4(a) shall lie on the employee.

 

37.3 Maximum Period of Payment - Accident pay under this clause shall be payable for a maximum period or aggregate of periods in no case exceeding a total of 39 weeks in respect of incapacity arising from any one injury as defined in 37.1.2.

 

37.4 Absences on other Paid Leave - An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence. (NOTE: An employee receiving workers' compensation is not entitled to be paid ordinary pay for a public holiday not worked but is entitled to workers' compensation for that day).

 

37.5 Notice of Injury - An employee upon receiving injury for which they claim to be entitled to receive accident pay shall give notice in writing of the injury to their employer as soon as reasonably practicable after the occurrence of the injury: Provided that such notice may be given by a representative of the employee.

 

37.6 Medical Examination - In order to receive entitlements to accident pay an employee shall conform to the requirements of the Act as to medical examination.

 

Where in accordance with the Act a medical referee gives a certificate as to the condition of the employee and their fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee, or the employee fails to commence or continue the work, accident pay shall cease from the date of such refusal or failure.

 

37.7 Redemption of Weekly Payments - Where there is redemption of weekly compensation payments under the Act, the employer's liability to pay accident pay shall cease as from the date of such redemption.

 

37.8 Civil Damages Claim -

 

37.8.1 An employee receiving or who has received accident pay shall advise the employer of any action they may institute or any claim they may make for damages. Further, the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.

 

37.8.2 Where an employee obtains a verdict for damages in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict: provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to their employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

 

37.8.3 Where an employee obtains a verdict for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict: provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to their employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

 

37.9 Insurance against Liability - Nothing in this clause shall require an employer to insure against their liability for accident pay.

 

37.10 Variations in Compensation Rates - Any change in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

 

37.11 Death of Employee - All rights to accident pay shall cease on the death of an employee.

 

37.12 In the event of any dispute arising as to the entitlement of an employee to accident pay in accordance with the provisions of this clause, the matter shall, if any party to this clause so requires, be referred to the Industrial Relations Commission of New South Wales.

 

37.13 Casual Employees - The obligation of an employer to apply the provisions of this clause to an employee engaged as a casual employee in accordance with 37.7 shall be discharged by the payment to the employee of 2 cents per hour in addition to all other payments to which the employee is entitled under the award. Such additional 2 cents per hour shall be payable as a flat rate for all hours worked.

 

38. Preservation of Existing Rights

 

No employee shall suffer any reduction in rate of pay or any reduction or withdrawal of existing conditions of employment relating to matters dealt with in this award as the result of the making of this award.

 

39. Avoidance of Industrial Disputes

 

39.1 A procedure for the avoidance of industrial disputes shall apply in establishments covered by this award.

 

The objectives of the procedure shall be to promote the resolution of disputes by measures based on confrontation, co-operation and discussions; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

 

It is acknowledged that in some companies or sectors of the industry, disputes avoidance/settlement procedures are either now in place or in the process of being negotiated and it may be the desire of the immediate parties concerned to pursue those mutually agreed procedures. In other cases, the following principles shall apply:

 

39.1.1 Depending on the issues involved, the size and function of the plant or enterprise and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are:

 

(a) discussions between the employee(s) concerned and at their request that appropriate union shop steward/delegates, and the immediate supervisors;

 

(b) discussions involving the employee(s), the shop steward/s and more senior management;

 

(c) discussions involving representatives from the State Branch of the union(s) concerned and the employer organisation branch representatives;

 

(d) there shall be an opportunity for any party to raise the issue to a higher stage.

 

39.1.2 There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

 

39.1.3 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.

 

39.1.4 Sensible time limits shall be allowed for the completion of the various stages of all discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

 

39.1.5 Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for determination, and such decision subject to the parties' right of appeal shall be accepted.

 

39.1.6 In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiations and conciliation are being followed.

 

39.1.7 The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the workplace.

 

39.2

 

39.2.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

 

39.2.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

39.2.3 Any direction issued by an employer pursuant to 39.1 and this subclause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

40. Supported Wage

 

40.1 This clause defines the conditions, which will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

 

40.1.1 "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System Guidelines and Assessment Process.

 

40.1.2 "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

 

40.1.3 "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 or any successor to that scheme.

 

40.1.4 "Assessment Instrument" means the form provided under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

 

40.2 Eligibility Criteria - Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension. This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment. This clause also does not apply to employers in respect of their facility programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of, or are eligible for, a Disability Support Pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act or, if a part only has received recognition, that part.

 

40.3 Supported Wage Rates - Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing, according to the following schedule:

 

Assessed Capacity - 40.4

Percentage of prescribed award rate

10%

10

20%

20

30%

30

40%

40

50%

50

60%

60

70%

70

80%

80

90%

90

 

(Provided that the minimum amount payable shall be not less than $66.00 per week.)

 

*Where a person's assessed capacity is 10 per cent they shall receive a high degree of assistance and support.

 

40.4 Assessment of Capacity - For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument, by either:

 

40.4.1 the employer and a union party to the award, in consultation with the employee or, if desired, by any of these;

 

40.4.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

 

40.5 Lodgement of Assessment Instrument -

 

40.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission of New South Wales.

 

40.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is a party to the award is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect, unless an objection is notified to the Registrar within ten working days.

 

40.6 Review of Assessment - The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

40.7 Other Terms and Conditions of Employment - Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

 

40.8 Workplace Adjustment - An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

 

40.9 Trial Period -

 

40.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks except that, in some cases, additional work adjustment time (not exceeding four weeks) may be needed.

 

40.9.2 During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

 

40.9.3 The minimum amount payable to the employee during the trial period shall be no less than $66.00 per week.

 

40.9.4 Work trials should include induction or training as appropriate to the job being trialed.

 

40.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 40.4.

 

41. Structural Efficiency

 

41.1 The parties bound by this award are committed to co-operating positively to increase efficiency, productivity and to enhance the career opportunities and job security of employees in the industry.

 

41.2 At each plant or enterprise, the employer, its employees and the union shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise.

 

41.3 Any measure raised through 41.2 above, designed to increase flexibility at the plant or enterprise and sought by any party and by agreement of the parties involved shall be implemented subject to the following requirements:

 

41.4 Any disputes arising in relation to the implementation of 41.2 and 41.3 herein shall be subject to the provisions of the clause 39, Avoidance of Industrial Disputes.

 

42. Redundancy

 

42.1 Application

 

42.1.1 This clause shall apply in respect of full-time and part-time persons employed in the classifications specified.

 

42.1.2 In respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of 42.4, Termination of Employment.

 

42.1.3 Subject to anything contained elsewhere in this award, this award 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.

 

42.1.4 Subject to anything contained elsewhere in this award, this award 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.

 

42.2 Introduction of Change

 

42.2.1 Employer's duty to notify

 

(a) 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.

 

(b) "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.

 

42.2.2 Employer's duty to discuss change

 

(a) The employer shall discuss with the employees affected and the union to which they belong, the introduction of the changes referred to in 42.2.1, 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.

 

(b) The discussion shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in 42.2.1.

 

(c) For the purpose of such discussion, 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.

 

42.3 Redundancy

 

42.3.1 Discussions before terminations

 

(a) 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 42.2, 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.

 

(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of 42.3.1(a) and shall cover, 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.

 

(c) For the purposes of the discussion the employer shall, as soon as practicable, provided 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, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, 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.

 

42.4 Termination of Employment

 

42.4.1 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 42.2:

 

(a) 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

 

(b) 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.

 

(c) 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.

 

42.4.2 Notice for technological change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with 42.2:

 

(a) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

(b) 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.

 

(c) The period of notice required by this subclause 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.

 

42.4.3 Time off during the notice period

 

(a) 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.

 

(b) 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.

 

42.4.4 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 clause 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.

 

42.4.5 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.

 

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

 

42.4.7 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 the Centrelink.

 

42.4.8 Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in 42.2, 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.

 

42.5 Severance Pay

 

42.5.1 Where an employee is to be terminated pursuant to 42.4, Termination of Employment, 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:

 

(a) 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

 

(b) Where an employee is 45 years old or over, the entitlement shall be 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

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 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

 

(c) "Weeks' 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 Table 1 - Wages, of Part B, Monetary Rates, as varied.

 

42.5.2 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 42.5.1. 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 42.5.1 will have on the employer.

 

42.5.3 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 42.5.1 if the employer obtains acceptable alternative employment for an employee.

 

43. Superannuation

 

43.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s.124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

43.2 Provided further that any seasonal or casual employee who has worked at least 152 hours with the employer in each twelve-month period, shall be paid, in addition to other payments under this award, a superannuation contribution of 3% of ordinary time earnings into an approved fund.

 

43.3 Approved fund shall mean -

 

(a) Food Industry Superannuation Trust (FIST), or

 

(b) Australian Superannuation Savings Employment Trust (ASSET), or

 

(c) any existing fund as applies

 

43.4 Nothing in this clause shall affect any arrangement for the payment of 3% occupational superannuation (emanating from the State Wage Case Decision of 1986 and subsequent decisions) into an approved fund which commenced prior to 28 February 1992.

 

44. Leave Reserved

 

Leave is reserved to apply in relation to any variation to the Food Preservers' Award, 1973, an award of the Australian Conciliation and Arbitration Commission or any award replacing the said award.

 

45. Anti-Discrimination

 

45.1 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.

 

45.2 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.

 

45.3 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.

 

45.4 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.

 

45.5 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."

 

46. Training Wage

 

The parties to this award agree to observe the terms and conditions of the National Training Wage Award 2000 as amended from time to time. That is to permit the employment under this award of employees undertaking traineeships (including skill based and part-time traineeships) as approved by the relevant New South Wales Training Authority and the payment of persons so employed in accordance with the said Federal award.

 

47. Area, Incidence and Duration

 

47.1 This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Food Preservers (State) Award published on 16 November 2001 (329 I.G. 489) and all variations thereof.

 

47.2 Subject to the exceptions, limitations and further provisions contained in this clause, this award shall apply to the employment of all persons employed in or in connection with -

 

(1) the manufacture, preparation or putting up of fruit and vegetables preparing and/or canning, candied-peel making, fruit crystallising, fruit mince and fruit or vegetable spreads and fruit-butter making in factories:

 

(2) the manufacture, preparation or putting up and/or canning or bottling of jams, marmalades, jellies, fruits and vegetables, vinegar, pickles, sauces, soups, chutney and wet condiments in factories.

 

(3) fruit juice or vegetable juice processing and/or concentrating and cordial making, including bottling and/or canning in factories.

 

(4) dehydrating, processing and/or packing of dried fruit infactories, provided that "factories" will be deemed to exclude fruit-packing houses;

 

(5) potato processing, not including preparing, cooking, manufacturing and/or packing of potato chips, crisps, flakes and like products;

 

(6) canning and/or preparation of prepared spaghetti products or puddings, processing of cereal foods and making of pastry;

 

(7) preparation and processing of prepared meals in preserved or frozen form in factories;

 

(8) washing and/or grading asparagus at canneries;

 

The foregoing paragraphs of this subclause shall not be read or construed separately in respect of employment or work which may be comprised within more than one paragraph thereof.

 

47.3 This award shall also apply to the employment of all persons employed at canneries on all work associated with the removal of pea-vines from vehicles at a pea-viner, feeding into a pea-viner and taking off peas from a viner.

 

47.4 This award shall not apply to -

 

(1) employment in any factory or plant at a location where an employer is also bound by the undermentioned award as varied:

 

Starch Manufacturers &c. (State) Award

 

Provided that the operation of this award shall only be excluded by this provision to the extent to which such employer, at 27 May 1975, applied to employees concerned the provisions of any award mentioned above the work covered thereby.

 

(2) gate persons, watchpersons or caretakers, goods lift attendance;

 

(3) clerical work except where such clerical work is embraced or incidental to the work of any classification in this award other than general hand;

 

(4) employment in the driving of vehicles (other than fork lifts or other power-driven factory vehicles used for transporting goods or materials principally within a factory or plant). This provision shall apply subject to the work of a driver of a vehicle so excluded may include the loading, unloading or maintenance of vehicles;

 

(5) a qualified tradespersons cooper employed as such;

 

(6) an employee engaged solely cleaning administrative offices;

 

(7) employees engaged solely on the canteen staff;

 

(8) maintenance alterations or repair of factory or plant buildings, machines and equipment, except that cleaning of factory or plant buildings and greasing and cleaning of machinery and equipment shall be covered by this award;

 

(9) storepersons and packers employed at bulk stores, warehouses or other distributing centres located away from the area of the premises at which goods are processed or manufactured under this award;

 

(10) employment in cool stores or freezing chambers or stores located away from the area of the premises at which goods are processed or manufactured under this award;

 

(11) employees working in laboratories performing tasks of a technical or professional nature that are not expressly classified in this award. For the purpose of this provision, general hands shall not be deemed to be expressly classified;

 

(12) first-aid or ambulance-room staff not also engaged in other duties in or about a factory or store.

 

47.5 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 7 March 2008.

 

47.6 The award published 9 August 1978 and reprinted 24 January 1992 took effect from the first pay period to commence on or after 28 April 1978.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Adult Classification

Former Rate of Pay

SWC June 2007

Weekly Rate of Pay

 

$

$

$

Group 1

533.90

20.00

553.90

Group 2

529.10

20.00

549.10

Group 3

525.50

20.00

545.50

Group 4

521.80

20.00

541.80

Group 5

517.60

20.00

537.60

Group 6

515.00

20.00

535.00

Forklift with lifting capacity up

 

 

 

to and including 4.5 tonnes

533.90

20.00

553.90

Lifting capacity over 4.5 tonnes

540.20

20.00

560.20

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

4.2

Number of employees - less than 3 employees

12.48 per week

 

 

3 to 10 employees

19.29 per week

 

 

11 to 20 employees

29.59 per week

 

 

21 or more employees

42.07 per week

2

7.2

Wet Places

0.66 per hour extra

3

7.3

Dirty Work

1.01 per hour extra

 

 

 

(1.81 minimum)

4

7.4

Heavy Weights

0.47 per hour or part

 

 

 

thereof

5.

7.5

Carton Stacking

0.38 extra per hour or

 

 

 

part thereof

6

7.6.1

Cold Temperatures (between minus 1 and minus

 

 

 

7 Celsius)

0.66 per hour

7

7.6.2

Cold Temperatures (between minus 8 and minus

1.01 per hour

 

 

18 Celsius)

 

8

7.6.3

Cold Temperatures (below minus 18 Celsius)

1.64 per hour

9.

7.8.2

Pea-vining

6.60 per week

10.

7.10

Fumigation Gas

8.40

11.

13.7.1

Meal Allowance

15.61

12.

14.2

First-aid

3.17 extra per day

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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