[2016] FWC 5837 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Pastoral Industry Award 2010
(AM2014/239)
Agricultural industry | |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 17 AUGUST 2016 |
4 yearly review of modern awards - Pastoral Award 2010.
[1] Under s.156 of the Fair Work Act 2009 the Fair Work Commission (the Commission) is required to review all modern awards every four years. This Statement deals with a number of matters arising from the review of the Pastoral Award 2010 (the Pastoral Award) as part of the Award stage of the Review.
[2] A decision 1 was issued on 24 December 2015 that dealt with five substantive claims in relation to the Pastoral Award:
(i) crutching rates for rams and ram stags;
(ii) provisions relating to ‘learner shearers’;
(iii) the definition of ‘broadacre field crops’;
(iv) annualised salaries; and
(v) the method of calculating the Woolclassers allowances formula.
[3] The NFF’s application to vary the Pastoral Award to insert an annualised salary clause has been referred to a separately constituted Full Bench (AM2016/13) for review and determination. 2
[4] In relation to the substantive claim set out at paragraph [2](ii) above, further submissions were sought, and the matter was determined in a subsequent decision 3 issued on 8 July 2016. Attachment 2 to that decision set out a draft variation determination giving effect to the decision. Interested parties had until 4.00pm on Friday 15 July 2016 to comment on the draft variation determination. A submission was received from Business SA on 15 July 2016. In relation to clause 44.4(b)(ii) of the draft variation determination, Business SA submitted:
‘…there is the potential for this clause to be interpreted inconsistently by employers and employees who may not be aware of the development and operation of this clause. Business SA submits this clause be clarified before this draft determination is incorporated into the Pastoral Award 2010.’
[5] Business SA (and any other interested party) is to file a further submission proposing alternative wording to provide the clarification sought by 4.00pm Friday 2 September 2016.
[6] A conference in relation to the review of the Pastoral Award was held in Sydney on 4 July 2016, with video links to Adelaide and Melbourne. A transcript of the conference proceedings is available on the Review website (AM2014/239). The following parties appeared at the conference:
● Australian Business Industrial and the NSW Business Chamber;
● The Australian Workers’ Union;
● Business SA;
● National Farmers’ Federation (the NFF); and
● Shearing Contractors Association of Australia.
[7] Following the conference, further material was received by the Commission from:
● Business SA – correspondence - conference matters, dated 8 July 2016; and
● National Farmers’ Federation – submission, dated 8 July 2016.
[8] A revised Exposure Draft is set out at Attachment 1, and a revised summary of submissions is set out at Attachment 2. These documents reflect the outcome of the conference held on 4 July 2016. Further, the revised Exposure Draft has been amended in the manner proposed by the NFF submission of 8 July 2016.
[9] In relation to Schedule E—National training wage (Item 112) the parties noted that there are some issues concerning the Schedule, but that they will wait for the Commission to issue a statement in relation to the process that will be adopted. A Statement 4 was issued on 6 July 2016 and interested parties were invited to file submissions by 4.00pm on Thursday 28 July 2016. On 29 July 2016 the NFF filed a submission relevant to the Pastoral Award.
[10] The parties confirmed that the following 26 items in the revised summary of submissions (see Attachment 2) have been determined by/are before another Full Bench or have been withdrawn: 1, 2, 5, 6, 7, 22, 23, 32, 35, 36, 38, 47, 52, 63, 67, 69, 71, 73, 74, 75, 76, 97, 105, 113, 115, 119.
[11] Item 18 was not discussed at the conference.
[12] The Pastoral Award will be the subject of a short conference in Sydney on Wednesday 24 August 2016 at 1:30 pm. The purpose of the conference will be to discuss further directions for the determination of the outstanding matters. Any requests for video links should be sent to chambers.ross.j@fwc.gov.au by no later than 12.00pm Monday 22 August 2016.
[13] All material should be sent to amod@fwc.gov.au.
PRESIDENT
ATTACHMENT 1 —Revised Exposure Draft |
The Exposure Draft was first published on 15 January 2016. Subsequent amendments to the draft are as follows: | ||
Publication date |
Reason for amendments |
Clauses affected |
Decision [2016] FWCFB 4393 issued 8 July 2016 |
||
Updated pursuant to PR580863. |
||
Updated as agreed in conference (refer to Transcript - 4 July 2016. |
3.2, 3.3, 5.2, 6.3, 6.4, 6.5, 7, 9.1, 10.1, 10.2, 14.4, 18.2, 18.4, 23.2, 23.4, 23.6, 23.7, 24.3, 25.3, 27.1, 27.5, 27.6, 30.3, 31.2, 31.6, 32.6, 38, 39.2, 39.3, 40.2, 40.3, 40.4, 40.5, 40.9, 41.2, 43.2, 44.2, 44.7, 45, 46.1, Schedule A, Schedule B, Schedule C, Schedule G | |
Incorporate changes resulting from [2016] FWCFB 3500, PR579885 and PR579605 |
24, 25, 29, 36, 40, 41, 42, Schedule B, Schedule C | |
Changes agreed to by parties appear in red text. Underlined text indicates new text that is to be included. Strikethrough text indicates existing text that is be deleted. |
EXPOSURE DRAFT
Pastoral Award 2016
This exposure draft has been prepared by staff of the Fair Work Commission based on the Pastoral Award 2010 as at 18 July 2016. This exposure draft does not seek to amend any entitlements under the Pastoral Award 2010 but has been prepared to address some of the structural issues identified in modern awards.
The review of this award in accordance with s.156 of the Fair Work Act 2009 is being dealt with in matter AM2014/239 and AM2015/23. Additionally a number of common issues are being dealt with by the Commission which may affect this award. Transitional provisions have not been included in this exposure draft pending the outcome of the review.
This draft does not represent the concluded view of the Commission in this matter.
No examples have been included in this exposure draft. Parties are asked to submit examples that clarify the operation of particular provisions. |
Table of Contents
Page
Part 1— Application and Operation 7
1. Title and commencement 7
2. The National Employment Standards and this award 7
3. Coverage 7
4. Award flexibility 10
5. Facilitative provisions 11
Part 2— General Employment Conditions 12
6. Types of employment 12
7. Breaks 15
8. Higher duties 16
9. Payment of wages 16
10. Allowances 17
11. Supported wage system 20
12. National training wage 20
13. Superannuation 20
Part 3— Leave, Public Holidays and Other NES Entitlements 22
14. Annual leave 22
15. Personal/carer’s leave and compassionate leave 23
16. Parental leave and related entitlements 24
17. Community service leave 24
18. Public holidays 24
19. Termination of employment 24
20. Redundancy 25
Part 4— Consultation and Dispute Resolution 26
21. Consultation 26
22. Dispute resolution 27
Part 5— Broadacre Farming and Livestock Operations 28
23. Classifications 28
24. Minimum wages 36
25. Special allowances 37
26. Ordinary hours of work and rostering 38
27. Overtime and penalty rates 38
Part 6— Pig Breeding and Raising 39
28. Classifications 39
29. Minimum wages 45
30. Ordinary hours of work 45
31. Shiftwork and rostering 46
32. Overtime and penalty rates 48
33. Saturday and Sunday penalty rates 49
34. Payment for public holidays 50
Part 7— Poultry Farming 50
35. Classifications 50
36. Minimum wages 53
37. Ordinary hours of work and rostering 53
38. Overtime and public holidays penalty rates 53
Part 8— Shearing Operations 54
39. Classifications 54
40. Minimum wages 60
41. Special allowances (other than Woolclassers and Shearing shed experts) 65
42. Special allowances for Woolclassers 66
43. Hours of work for Shearers and Crutchers 68
44. Special conditions relating to shed employees 70
45. Hours of work and overtime rates for Sshed hands and Woolpresser—shed hands 74
46. Payment for public holidays 74
Schedule A —Shearing Operations—Methods for calculating Minimum Rates 75
Schedule B —Summary of Rates of Pay 80
Schedule C —Summary of Monetary Allowances 109
Schedule D —Supported Wage System 113
Schedule E —National Training Wage 116
Schedule F —20156 Part-day Public Holidays 127
Schedule G —Definitions and interpretation 129
Part 1—Application and Operation
1.1 This industry award is the Pastoral Award 2016.
1.2 This modern award, as varied, commenced operation on 1 January 2010.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
1.4 Schedule G—Definitions sets out definitions that apply in this award.
1.5 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
1. The National Employment Standards and this award
1.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
1.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
1.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
1.1 This industry award applies to employers throughout Australia in the pastoral industry and their employees in the classifications set out in this award to the exclusion of any other modern award.
1.2 Pastoral industry means all employers and employees who are engaged in or in connection with:
(a) the management, breeding, rearing or grazing of livestock or poultry;
(b) the shearing and crutching of sheep and the classing and pressing of wool on farms;
(c) dairying;
(d) hatchery work;
(e) the sowing, raising or harvesting of broadacre field crops and other crops grown as part of a broadacre mixed farming enterprise;
(f) the treatment of land for any of these purposes; or
(g) clearing, fencing, well sinking, dam sinking or trenching on such farms or properties except in connection with work in clauses 3.3(g) to (k).
1.3 Without limiting the generality of the exclusion, this award does not cover employees covered by:
(a) the Aquaculture Industry Award 2016, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;
(b) the Horticulture Award 2016;
(c) the Seafood Processing Award 2016, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;
(d) the Silviculture Award 2016, except where carried on as a part of a broadacre mixed farming enterprise;
(e) the Sugar Industry Award 2016; and
(f) the Wine Industry Award 2016.
3.3 The award does not cover employers in the following industries:
(h) silviculture and afforestation except where carried on as a part of a broadacre mixed farming enterprise;
(i) sugar farming or sugar cane growing, sugar milling, sugar refining, sugar distilleries and/or sugar terminals;
(j) the horticulture industry, as defined in the Horticulture Award 2016; or
(k) any work in or in connection with the production and processing of fish, aquaculture and marine products including:
(i) fish purse seining or polling,
(ii) fish farming,
(iii) marine farming,
(iv) aquaculture,
(v) pisciculture,
(vi) mariculture,
(vii) cultivation of live sea and freshwater products,
(viii) breeding or spawning of fish and hatching of fish or marine products whether in or from the sea, rivers, dams, tanks, ponds, underwater cages, aquariums or other water source,
(ix) holding, containing, penning, or harvesting of live fish or marine products or marine vegetation,
(x) cleaning, purging, flushing, packing, freezing, processing, preserving, smoking, treatment of fish or marine products,
(xi) cultivation, culling or treatment of live shellfish including marine farming of oysters, mussels, clams, scallops and abalone
except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply.
1.4 This award does not cover:
(a) employees excluded from award coverage by the Fair Work Act 2009 (Cth) (the Act);
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
1.5 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clauses 3.1 and 3.2 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.
1.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clauses 3.1 and 3.2 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.
1.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
1.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of, are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
1.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
1.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 4.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
1.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
1.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
1.6 Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
1.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
1.8 The agreement may be terminated:
(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual employee.
NOTE: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Act).
1.9 The notice provisions in clause 4.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 4.8(a), subject to four weeks’ notice of termination.
1.10 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.
2.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
2.2 Facilitative provisions in this award are contained in the following clauses:
Clause |
Provision |
Agreement between an employer and: |
Meal break |
An individual | |
Rest break |
An individual | |
Annual leave—conversion to hourly entitlement |
The majority of employees | |
Annual leave—Paid leave in advance of accrued entitlement |
An individual | |
Substitution of certain public holidays |
An individual or the majority of employees | |
30.3 |
Spread of ordinary hours |
An individual |
Method of implementing a 38 hour week |
The majority of employees | |
Ordinary hours and roster cycles—shiftworkers |
The majority of employees | |
Shiftwork—variation by agreement |
The majority of employees | |
Payment for public holidays |
The majority of employees | |
Hours of work for Shearers and Crutchers |
Part 2—General Employment Conditions
Parties are asked to consider whether the award should clarify the application of the various parts of the award. |
Part 2—General Employment Conditions may be affected by AM2015/23, a proposal to insert an annualised salaries clause in accordance with [2015] FWCFB 8810. |
1. Types of employment
1.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.
(a) A full-time employee is an employee who is engaged to work an average of 38 hours per week over a four week period.
(b) A full-time employee must be provided with a written statement setting out their classification, applicable rate of pay scale and terms of engagement.
Part-time employment provisions may be affected by AM2014/196 |
(a) A part-time employee is an employee who:
(i) is engaged to work less than an average of 38 hours per week over a four week period;
(ii) has reasonably predictable hours of work; and
(iii) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(b) An employee who does not meet the definition of a part-time employee in clause 6.4(a) and who is not a full-time employee will be paid as a casual employee in accordance with clause 6.5. [Moved to clause 6.5(b)]
(b) At the time of engagement the employer and the part-time employee will agree in writing on the a regular pattern of work, specifying at least:
(i) the hours worked each day;
(ii) which days of the week the employee will work; and
(iii) the actual starting and finishing times each day.
(c) Changes in hours may only be made by agreement in writing between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing.
(d) All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
(e) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the ordinary hourly rate prescribed for the class of work performed.
(f) Minimum engagement
An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.
1.5 Casual employment
Casual employment provisions may be affected by AM2014/197 |
(a) A casual employee is an employee engaged as such and paid by the hour.
(b) An employee who does not meet the definition of a part-time employee in clause 6.4(a) and who is not a full-time employee will be paid as a casual employee in accordance with clause 6.5.
(c) An employer when engaging a casual must inform the employee that they are employed as a casual, stating:
(i) by whom the employee is employed;
(ii) their hours of work;
(iii) their classification level; and
(iv) their rate of pay.
(a) Casual pieceworkers
(i) Shearers, Crutchers and Woolpressers will be engaged as casual pieceworkers and will be paid piecework rates in accordance with Part 8—Shearing Operations. the piecework rates prescribed by this award.
(ii) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.
(iii) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.
(a) Casual loading
(i) For each hour worked a casual employee, other than a casual pieceworker, must be paid:
● the ordinary hourly rate prescribed for the class of work performed; and
● a loading of 25% of the ordinary hourly rate.
(ii) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.
(b) Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.
(c) Minimum engagement
On each occasion a casual employee, other than a casual pieceworker, is required to attend for work, casual employees are entitled to a minimum payment of three hours’ work at the appropriate rate.
1.6 Farm and livestock hand at shearing or crutching
(a) Subject to clause 6.6(b), during any time an employee engaged on a weekly basis under Part 5—Broadacre Farming and Livestock Operations is employed in shearing or crutching operations of the principal employer, Part 8—Shearing Operations will not apply.
(i) Clause 6.6(a) will not apply to any farm and livestock hand engaged by the week who:
● works in the employer’s shearing shed; and
● who has been engaged by the employer during the period commencing one week before the actual shearing or crutching begins; and
● who is discharged during the week after the shearing or crutching actually ends.
(ii) In this case, the employee will be paid station hand rates when performing work covered by Part 5 of this award and shearing rates when performing work covered by Part 8 of this award.
1.1 The following provisions will apply to all employees other than:
(a) employees engaged on in shearing operations, who are will be entitled to the breaks prescribed for the work in Part 8—Shearing Operations.; and
(b) piggery attendants engaged as shiftworkers, who are entitled to the breaks prescribed in Part 6—Pig Breeding and Raising.
(a) A meal break of between 30 minutes and 60 minutes will be allowed each day, to be taken not later than five hours after commencing ordinary hours of work.
(b) If there is agreement between the employer and an individual employee, the meal break may be taken at a time agreed.
(c) All work performed under the direction on the instruction of the employer during a recognised meal break will be paid for at 200% of the ordinary hourly rate. Payment will continue at this rate until the employee is released for a meal break of not less than 30 minutes.
(a) Employees will be allowed a paid rest break of 10 minutes each morning.
(b) If agreement is reached between the employer and employee for an additional rest break, the rest break will be unpaid and in addition to the employee’s ordinary hours of work.
(a) An employee engaged for more than two hours during one day or shift on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum wage for the day or shift.
(b) If the employee works at the higher classification for two hours or less during one day or shift, they must be paid the higher minimum wage for the time worked at the higher classification.
1.1 Period of payment
Wages must be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight, or according to the applicable piecework payment.
1.2 Method of payment
Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
1.3 Payment of wages on termination of employment
On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
Employers must pay to an employee the allowances the employee is entitled to under this clause. See Schedule C for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) leading hand allowance (clause 10.1(b));
(ii) first aid allowance (clause 10.1(b)(ii)); and
(iii) travelling allowance (clause 10.1(d)).
(i) A leading hand in charge of two or more people must be paid as follows:
In charge of |
$ per week |
2–6 employees |
20.94 |
7–10 employees |
24.40 |
11–20 employees |
34.78 |
More than 20 employees |
43.70 |
(ii) The allowance contained in clause 10.1(b)(i) will apply to part-time employees on a pro rata basis.
An employee appointed by their employer to perform first aid in addition to their usual duties, and holding a current recognised first aid qualification, such as one from St John Ambulance or similar body, must be paid an allowance of $2.55 per day to carry out such work.
(b) Travelling allowance [Moved to clause 10.2(b])
(i) Where an employee who is required to travel from one place to another for the purpose of work, the time occupied in travelling will be counted as time worked and paid for as such.
(ii) Time spent by an employee travelling from the employee’s home to the principal place of employment and return will not be regarded as time worked.
(iii) An employee who is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment), will reimbursed by the employer for the demonstrable cost of suitable accommodation.
(iv) The provisions of clause 10.1(d) will not apply where the employer provides the employee with suitable accommodation free of charge.
1.2 Expense-related allowances
(a) Tool and equipment allowance
(i) If the employer requires employees to supply their own tools and equipment, they employees must be reimbursed for the cost of supplying those tools and equipment.
(ii) The provisions of this clause do not apply where the tools and equipment are paid for by the employer.
(a) Travelling allowance [Moved from clause 10.1(d)]
(i) Where an employee who is required to travel from one place to another for the purpose of work, the time occupied in travelling will be counted as time worked and paid for as such.
(ii) Time spent by an employee travelling from the employee’s home to the principal place of employment and return will not be regarded as time worked.
(iii) An employee who is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment), will be reimbursed by the employer for the demonstrable cost of suitable accommodation.
(iv) The provisions of clause 10.2(b) will not apply where the employer provides the employee with suitable accommodation free of charge.
An employee will be paid an allowance of $0.78 per kilometre when required instructed by the employer to use their own vehicle during working hours to relocate materials, equipment, or personnel either within the normal work location or on public thoroughfares.
(i) If an employee is required to work overtime after working ordinary hours (except where the period of overtime is less than one and a half hours):
● the employee will be paid $12.93 for the first and any subsequent meals; or
● the employer will supply the employee with a meal.
(ii) An employee required to work overtime for more than two hours after the employee's ordinary finishing time without having been notified before leaving work on the previous day that they will be required to work overtime:
● will be provided with a suitable meal free of cost; and
● if the work extends into a second meal break, another meal; or
● in the event of the meal not being supplied the employee is entitled to a payment of $12.93 for each meal not supplied.
Parties are asked to clarify the interaction between clauses 10.2(c)(i) and (ii). Does clause 10.2(c)(i) only apply when an employee has been notified that they are required to work overtime? |
(a) Reimbursement of expenses
An employer who authorises an employee to incur expenses in the course of their employment, will reimburse the employee the expense upon provision of a tax invoice and receipt.
(b) Wet weather clothing and footwear
(i) An employee who is required to work in a wet place must be provided with protective clothing and footwear by the employer.
(ii) If the an employee who is required to work in a wet place is not provided with the protective clothing and footwear, the employer will reimburse the employee for the reasonable cost of providing the their own protective clothing and footwear.
(iii) If the protective clothing and footwear is provided and paid for by the employer, it will remain the property of the employer.
(iv) ‘Wet place’ is defined in Schedule G—Definitions and interpretation.
(i) If the employer requires an employee to supply his or her own protective clothing, the employer must reimburse the employee for the cost of supplying the protective clothing.
(ii) The provisions of clause 10.2(g)(i) do not apply where the protective clothing is paid for by the employer.
(iii) Any protective clothing that is paid for by the employer remains the property of the employer.
(a) Charges for accommodation, meat, goods, and services
(i) If the employer provides an employee with living premises for the use of a “without keep” employee and the employee’s household, the employer may charge an amount agreed between them in writing for the use of the premises and/or power supplied to the premises.
(ii) The employer may charge to an employee:
● the cost of goods or services supplied to the employee at the employee’s request and paid for by the employer; and
● the cost of goods purchased by the employer for the employee at the employee’s request.
(iii) If the employer supplies an employee with meat, the employer may charge the employee an amount mutually agreed upon.
(iv) If the employer sells groceries or stores to the employee, the prices charged must not exceed the cost price with carriage added.
See Schedule C for a summary of monetary allowances. |
1. Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
For employees undertaking a traineeship, see Schedule E—National Training Wage.
3.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
3.2 Employer contributions
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
3.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 13.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 13.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 13.3(a) or (b) was made.
3.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 13.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 13.2 and pay the amount authorised under clauses 13.3(a) or (b) to one of the following superannuation funds or its successor:
(a) Prime Super;
(b) CareSuper;
(c) AustSafe Super;
(d) AustralianSuper;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 3—Leave, Public Holidays and Other NES Entitlements
This annual leave provision may be affected by AM2014/47 – see draft determination |
1.1 Annual leave is provided for in the NES.
1.2 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in s.87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to four weeks’ annual leave).
1.3 Payment for period of annual leave
(a) An employee (other than a pieceworker) under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.
(b) Clause 14.3(a) will apply instead of the base rate of pay as referred to in s.90(1) of the Act.
NOTE: Where an employee is receiving overaward payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see ss.16 and 90 of the Act).
1.4 Annual leave loading
An employee must also be paid a loading calculated on the wages prescribed by this award. The loading must be as follows:
(a) Other than shiftworkers
(i) An employee other than a shiftworker must be paid a loading equal to 17.5% of the wages prescribed by this award for the ordinary hours of work as performed between Monday and Friday.
(ii) Where an employee is rostered to work ordinary weekly hours on days which attract penalty rates and the employee would have earned a greater amount than the amount provided in clause 15.4(a)(i) 14.4(a)(i) but for the period of leave then the employee will be paid the amount they would have earned for the ordinary hours worked instead of the 17.5% loading.
(a) Shiftworkers
An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed by this award or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.
1.5 Excessive accrual of annual leave
Notwithstanding s.88 of the Act, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks’ notice of the time when such leave is to be taken if:
(a) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and
(b) the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued.
1.6 Paid leave in advance of accrued entitlement
(a) By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing.
(b) If leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.
1.7 Transfer of business
Where a business is transferred from one employer to another, employees formerly employed by the old employer will be deemed to have served any applicable probationary period with that employer. Employees will not be required to serve any probationary period for any purpose in relation to their employment with the new employer.
1.8 Proportionate leave on termination
On termination of employment, an employee must be paid for leave accrued (including shift loadings) that has not been taken at the appropriate wage calculated in accordance with this award.
1. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
2. Parental leave and related entitlements
Parental leave and related entitlements are provided for in the NES.
Community service leave is provided for in the NES.
Public holidays provisions may be affected by AM2014/301 |
4.1 Public holiday entitlements are provided for in the NES.
4.2 Substitution of certain public holidays
(a) By agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned, an alternative day may be taken as the public holiday instead of any of the prescribed days.
(b) An employer and an individual employee in the enterprise or part of the enterprise concerned may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the enterprise or part of the enterprise concerned.
4.3 Employees required to work on a public holiday will be paid in accordance with clauses 27.6, 34, 38.2 or 46.
4.4 Part-day public holidays
For provisions relating to part-day public holidays see Schedule F—20156 Part-day Public Holidays.
1.1 Notice of termination is provided for in the NES.
1.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
1.3 Job search entitlement
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
1.1 Redundancy pay is provided for in the NES.
1.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
1.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
1.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice 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 must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 19.3.
Part 4—Consultation and Dispute Resolution
2.1 Consultation regarding major workplace change
(i) 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 must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employers to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 21.1(a), 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 must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 21.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, 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 no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
2.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
1.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
1.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 22.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
1.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
1.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
1.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
1.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
Part 5—Broadacre Farming and Livestock Operations
2.1 Farm and livestock hand level 1 (FLH1)
An employee at this level includes:
(a) Station hand with less than 12 months’ experience in the industry;
(b) Station cook;
(c) Station cook’s offsider; and
(d) Cattle farm worker grade A who:
● works under direct supervision either individually or in a team environment;
● understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults; and
● understands and utilises basic statistical process control procedures.
Indicative of the tasks which an employee at this grade may perform are the following:
● routine mustering;
● routine fence repairs;
● aerial stock sighting;
● repetitive packing and/or unpacking; and
● kitchen/cooking assistance not involving food preparation.
(e) Feedlot employee level 1 with less than three months’ experience in the industry.
(f) Dairy operator grade 1A with less than 12 months’ experience in the industry who:
● uses their knowledge and skills to perform set procedures such as milking and attending to livestock, haymaking, fencing.
Indicative of the tasks which an employee at this level may perform are the following:
● operate milking plant and equipment in a safe manner;
● identify and report equipment not operating normally;
● work co-operatively as part of a team;
● read and record instrument information i.e. milk vat temperatures and cow numbers; and
● understand the principles of safe working.
2.2 Farm and livestock hand level 2 (FLH2)
An employee at this level includes:
(a) Cattle farm worker grade B who:
● performs work above and beyond the skills of a cattle farm worker grade A and to the level of their training;
● is responsible for the quality of their own work subject to routine supervision;
● works under routine supervision either individually or in a team environment; and
● exercises discretion within their level of skills and training.
Indicative of the tasks which an employee at this level may perform are the following:
● receive, check, despatch and record goods received and sent;
● assist a tradesperson;
● basic non-trades daily maintenance of equipment used by the employee;
● sort and cut out stock;
● sort and brand yarded stock;
● fence repairs;
● kitchen/cooking assistance not involving unsupervised food preparation;
● boundary riding;
● forklift, overhead crane, winch or tractor operation; and
● household domestic work other than childcare or child education.
(b) Feedlot employee grade 1 with more than three months’ experience in the industry who:
● works under direct supervision with regular checking of their work.
Indicative of the tasks which an employee at this level may perform are the following:
● perform cattle handling procedures;
● perform cattle health and welfare procedures;
● assist with euthanasing livestock;
● assist with performance of cattle post-mortem procedures;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures;
● perform feed manufacture and delivery procedures;
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures;
● possess understanding of industry QA quality assurance Pprograms and all site operating procedures; and
● carry out workplace OH&S WH&S procedures.
2.3 Farm and livestock hand level 3 (FLH3)
An employee at this level includes:
● has at least 12 months’ experience in the industry as a station hand; but
● does not conform to the definition of senior station hand (FLH5) in clause 23.5.
(b) Dairy operator grade 1B with 12 months’ experience in the industry who:
● uses their knowledge and skills to perform set procedures such as milking and attending to livestock, haymaking, fencing.
Indicative of the tasks which an employee at this level may perform are the following:
● operate milking plant and equipment, in a safe manner;
● identify and report equipment not operating normally;
● work co-operatively as part of a team;
● read and record instrument information i.e. milk vat temperatures and cow numbers; and
● understands the principles of safe working.
2.4 Farm and livestock hand level 4 (FLH4)
An employee at this level includes:
(a) Feedlot employee level 2 who:
● has two years’ experience in the feedlot industry; and
● works under routine supervision with intermittent checking of their work.
Indicative of the tasks which an employee at this level may perform are the following:
● utilise ability to make independent work decisions at this level;
● perform cattle handling procedures;
● perform cattle health and welfare procedures;
● euthanase livestock;
● perform cattle post-mortem procedures;
● select livestock for specific markets;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures;
● perform feed manufacture and delivery procedures;
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures;
● possess understanding of industry QA quality assurance programs and all site operating procedures; and
● carry out workplace OH&S WH&S procedures.
2.5 Farm and livestock hand level 5 (FLH5)
An employee at this level includes:
(a) Dairy operator grade 2 who:
● has two years’ experience in the industry;
● uses their knowledge and skills to multiple operations involving basic levels of problem solving and decision making; and
● has an appreciation of the overall processes involved in a dairy farm.
Indicative of the tasks which an employee at this level may perform are the following:
● operate milking plant and equipment, undertake multiple functions, produce a quality outcome e.g. farm machinery;
● maintain machinery, undertake adjustments and size changes;
● solve problems and make decisions within given guidelines;
● know general scientific terminology and assist with processes such as machine repair, artificial insemination, fertiliser mix design etc.;
● operate standard measuring equipment;
● operate computerised systems using menu options;
● contribute to the team in a specific role, providing input and assisting other team members; and
● work at times without supervision.
(b) Senior station hand is an employee who:
● has at least two years’ experience in the industry; and
● is capable of performing efficiently without supervision any of the tasks reasonably required of them.
Indicative of the tasks which an employee at this level may perform are the following:
● drive, maintain and operate farm vehicles and machinery;
● animal husbandry;
● stock handling;
● irrigation work; and
● use of chemicals.
2.6 Farm and livestock hand level 6 (FLH6)
An employee at this level includes:
(a) Feedlot employee level 3 who:
● has Certificate III qualifications;
● has worked in the feedlot industry for at least two years; and
● works with limited supervision with checking of their work related to overall progress.
Indicative of the tasks which an employee at this level may perform are the following:
● utilise ability to make independent work decisions;
● utilise Certificate III qualifications daily in the employee’s primary work area;
● perform cattle handling procedures;
● perform cattle health and welfare procedures;
● euthanase livestock;
● perform cattle post-mortem procedures;
● select livestock for specific markets;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures;
● perform feed manufacture and delivery procedures;
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures;
● possess understanding of industry QA quality assurance programs and all site operating procedures; and
● carry out workplace OH&S WH&S procedures.
2.7 Farm and livestock hand level 7 (FLH7)
An employee at this level includes:
(a) Senior dairy operator grade 1 who:
● uses their knowledge and skills to coordinate the operation of a farm process or area of expertise e.g. milking and animal attendance, pasture and farm maintenance, breeding programs and artificial insemination area.
Indicative of the tasks which an employee at this level may perform are the following:
● overview of all farm operations;
● show strong planning and organising abilities, develop work plans to achieve objectives;
● operate computer equipment and software packages requiring set-up and basic function operation;
● maintain equipment requiring modification, part replacement and overhauls;
● gather information, generate a range of options and implement a course of action to solve problems;
● demonstrate a comprehensive understanding of the dairy industry monitoring the industry through literature;
● use measuring equipment requiring calibration and measurement conversion;
● use established scientific processes in at least one area of specification;
● co-operate with other team members, establish priorities and work goals; and
● work with others to develop their competencies.
(b) Feedlot employee level 4 who:
● has Certificate III qualifications;
● has worked in the feedlot industry for at least two years; and
● works with limited supervision with checking of their work related to overall progress.
Indicative of the tasks which an employee at this level may perform are the following:
● utilise ability to make independent work decisions;
● utilise Certificate III qualifications daily in the employee’s primary work area;
● perform cattle handling procedures (where livestock operation is the primary work area);
● perform cattle health and welfare procedures (where livestock operation is the primary work area);
● euthanase livestock (where livestock operation is the primary work area);
● perform cattle post-mortem procedures (where livestock operation is the primary work area);
● select livestock for specific markets;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures (where feeding and milling operations is the primary work area);
● perform feed manufacture and delivery procedures (where feeding and milling operations is the primary work area);
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures (where feedlot and environment maintenance operations is the primary work area);
● possess understanding of industry QA quality assurance programs and all site operating procedures;
● carry out workplace OH&S WH&S procedures.
2.8 Farm and livestock hand level 8 (FLH8)
An employee at this level includes:
(a) Senior dairy operator grade 2 who:
● under the direction of the owner or manager uses their expertise and skills in order to supervise and maintain the operation of a dairy farm.
Indicative of the tasks which an employee at this level may perform are the following:
● set and monitor work goals;
● anticipate potential problems/issues and determine the best course of action;
● approach the resolution of conflict using objectivity and reason, differentiating between the two;
● supervise other grades;
● where appropriate, seek to develop team performance and cohesion, taking into account competencies and the needs of team members;
● keep abreast of dairy industry trends and changes;
● where necessary, exercise foresight in relation to farm needs and make recommendations to farm management; and
● operate scientific processes necessary to achieve farm objectives.
1.1 Adult wages
The following wages apply to adult farm and livestock hands classified under clause 23—Classifications of this award:
Wage group |
Minimum weekly rate |
Minimum hourly rate |
FLH1 |
672.70 |
17.70 |
FLH2 |
692.10 |
18.21 |
FLH3 |
702.00 |
18.47 |
FLH4 |
718.60 |
18.91 |
FLH5 |
731.50 |
19.25 |
FLH6 |
743.30 |
19.56 |
FLH7 |
783.30 |
20.61 |
FLH8 |
841.50 |
22.14 |
1.2 Junior wages
Age of employee |
% of relevant adult rate |
Under 16 years |
50 |
At 16 years |
60 |
At 17 years |
70 |
At 18 years |
80 |
At 19 years |
90 |
At 20 years |
100 |
1.3 With Keep Rate
If keep is provided then the employer may deduct an amount of minimum wage will be the rates prescribed above less $122.53 per week from the employee’s total weekly wages.
See Schedule B.2 for a summary of hourly rates of pay including overtime and penalties. |
1. Special allowances
1.1 Where a station hand is required by the employer to find their own horse and/or saddle, the employee will be paid weekly allowances of:
(a) $7.11 for the horse; and
(b) $5.68 for the saddle.
1.2 When a station hand is required by the employer to provide their own dog which is used as a cattle or sheep dog for station purposes, the employer will pay to the employee:
(a) an allowance mutually agreed upon for each dog; and
(b) the amount of any licence or registration fee which must be paid by the employee for a period during which the dog is used.
1.3 Employees will be paid $3.10 per day in addition to their ordinary rate for each day upon which they are engaged:
(a) in or in connection with jetting or spraying of sheep, who either if they mix the poison or handle the nozzle; or
(b) in swabbing sheep for more than three days in any one week.
1. Ordinary hours of work and rostering
1.1 The average ordinary working hours for a farm and livestock hand will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a four week period.
1.2 The ordinary hours of work of farm and livestock hands (other than station cooks) will not exceed 152 hours in any consecutive period of four weeks.
(a) A cook who is required to work for more than five and a half days in any one week will be paid, in addition to the weekly wage of this award, the following overtime rates:
(i) for work on six full days—an amount of 3/22nds of the appropriate weekly rate;
(ii) for work on six full days and one half day—an amount equal to 3/11ths of the appropriate weekly rate; or
(iii) for work on seven full days—an amount equal to 9/22nds of the appropriate weekly rate.
Given that cooks are classified as an FL1, should the words ‘appropriate weekly rate’ in clause Should these amounts also be expressed as percentages? |
(b) No overtime will be worked nor will an employee perform work on the employee’s day and/or half day off without the permission of or under the instructions of the employer or their authorised representative.
This provision may be affected by AM2014/300 – see draft determination. |
1.1 All time worked by an employee in excess of the ordinary hours in clause 26.1 26 will be regarded as overtime.
1.2 The rate of pay for overtime for a farm and livestock hand will be:
For overtime worked |
Overtime rate |
Monday to Saturday |
150 |
Sunday—all hours—feeding and watering stock |
150 |
Sunday—all hours—other than feeding and watering stock |
200 |
1.3 Time off instead of payment for overtime
An employee may elect to take time off duty, with pay, for a period equal to the overtime worked.
1.4 No employee will be entitled to payment for overtime, or equivalent time off instead, unless:
(a) the employee makes a claim to the employer or their authorised representative either within two weeks after the overtime is alleged to have been performed; or
(b) by the next date of payment of the employee’s wages,
whichever is the later.
1.5 Overtime and public holiday rates are calculated on the ordinary hourly rate before any deduction is made for keep. For the purpose of computing payment for overtime work for an employee engaged on ‘with keep’ terms, the cash value of the employee’s wages must be deemed to be not less than the wage prescribed in this award for a similar class of employee with the value of keep added.
1.6 Public holidays
A Ffarm and livestock hand required to work on a public holiday will be paid 200% of the ordinary hourly rate.
Part 6—Pig Breeding and Raising
1.1 General duties
A piggery attendant at all classification levels may be required to undertake any duty or combination of duties listed below, as may be required at each enterprise, to the full limit of the employee’s ability, training and/or licensing:
● apply and adhere to quarantine control procedures;
● clean and maintain protective footwear and clothing;
● clean and maintain administration and amenities buildings and associated fittings and equipment;
● maintain an adequate environment for the well-being of stock;
● clean accommodation pens, fittings and equipment;
● provide feed and water for stock;
● tend to routine husbandry of all stock;
● apply animal identification systems;
● move, draft and weigh stock;
● remove and dispose of effluent;
● dispose of deceased stock;
● mix and mill feed;
● care for sick or injured stock;
● maintain herd health status at an acceptable level;
● operate farm-related vehicles, plant, machinery and equipment (if appropriately licensed);
● detect oestrous and mate breeding stock;
● diagnose pregnancy in breeding stock;
● assist sows and piglets at farrowing;
● remove faulty or damaged equipment and fittings;
● install new or replacement equipment and fittings;
● maintain a recording system and interpret data;
● transport stock, feed and equipment (if appropriately licensed);
● maintain sheds, fixtures and fittings, fences and surrounds;
● maintain machinery and equipment; and
● perform other duties as required.
Piggery attendants at all levels including PA3 and above may additionally be required to:
● select replacement breeding stock;
● make decisions on drug usage;
● destroy sick or injured stock in a humane manner;
● conduct post mortem examinations of deceased stock;
● order stores and equipment; and
● perform other duties as required.
1.2 Piggery attendant level 1 (PA1)
(a) A piggery attendant level 1 (PA1) is:
● an employee undertaking up to 38 hours’ induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, farm layout, production program, work and record keeping procedures and occupational health and safety; or
● any person employed as general hand in a general capacity to perform basic tasks such as moving the stock from place to place, cleaning the establishment and the feeding of stock.
(b) An employee at this level:
● is generally a new recruit to the industry who performs simple or routine tasks essentially of a manual nature and to the level of their training;
● exercises minimal skills, knowledge and decision making;
● works under direct supervision, and is given regular direction or guidance and whose results are constantly monitored;
● is undertaking structured training so as to enable them to work at PA2 level; and
● after adequate instruction the employee, may be required to undertake any task(s) listed in clause 28.1.
1.3 Piggery attendant level 2 (PA2)
(a) A piggery attendant level 2 (PA2) is:
● an employee appointed by the employer to this level who has completed up to three months’ structured training so as to enable the employee to work within the scope of this level.
(b) An employee at this level:
● may have limited experience in the pig industry, and generally performs simple straightforward tasks, using well established techniques and practices in pig husbandry;
● exercises skills requiring some knowledge of established techniques and minimal routine decision making;
● works under frequent direct supervision and guidance;
● has work regularly inspected and the final result usually checked; and
● may be required to undertake any task(s) listed in clause 28.1.
1.4 Piggery attendant level 3 (PA3)
(a) A piggery attendant level 3 (PA3) is:
● an employee appointed by the employer to this level; and
● who performs a range of different but straightforward tasks using well established techniques and practices under routine supervision.
(b) An employee at this level:
● exercises skills requiring knowledge or relevant experience in piggery procedures and is required to make decisions within the employee’s knowledge and competence on day-to-day management of pigs;
● works under general supervision, is responsible for the quality of their own work and receives limited guidance relating to more unusual features or new tasks;
● may work individually or as part of a team, or may supervise the duties of employees at an equal or lower level;
● may be subject to routine performance checks; and
● may be required to undertake any task(s) listed in clause 28.1.
1.5 Piggery attendant level 4 (PA4)
(a) A piggery attendant level 4 (PA4) is:
● an employee appointed by the employer to this level; and
● who has completed a minimum of:
● one year of adult relevant experience in the industry;
● an accredited stockperson training course certificate; or
● equivalent formal training recognised by the employer, plus six months’ relevant adult experience in the industry.
(b) An employee at this level:
● performs a range of straightforward tasks using well established techniques and practices under limited supervision and is responsible for maintaining the quality and quantity of their work;
● exercises skills requiring sound knowledge of and experience in piggery procedures and requires instruction only on management decisions that vary from established practices and principles;
● exercises some individual judgment and initiative within established principles and practices;
● may work individually or as part of a team or may supervise the duties of employees at an equal or lower level;
● assists in the provision of on-the-job training to a limited degree; and
● may be required to undertake any task(s) listed in clause 28.1.
1.6 Piggery attendant level 5 (PA5)
(a) A piggery attendant level 5 (PA5) is:
● an employee appointed by the employer to this level who has completed a minimum of:
● two years’ adult relevant experience in the industry; or
● an accredited apprenticeship or equivalent formal training plus one year of relevant adult experience in the industry.
(b) An employee at this level:
● performs a range of tasks using well established techniques and practices under minimal supervision and is responsible for maintaining the quality and quantity of work undertaken individually or as part of a team;
● exercises skills requiring sound knowledge of and experience in piggery procedures and displays considerable individual judgment and initiative within established principles and practices;
● may work individually or as part of a team or may supervise and co-ordinate the duties of employees at an equal or lower level;
● understands and applies quality control techniques; and
● may be required to undertake any task(s) listed in clause 28.1.
1.7 Senior piggery attendant level 6 (PA6)
(a) A Senior piggery attendant level 6 (PA6) is:
● an employee appointed by the employer who has completed a minimum of:
● three years’ relevant adult experience in the industry; or
● an accredited traineeship or equivalent formal training plus two years’ relevant adult experience in the industry.
(b) An employee at this level:
● performs a range of tasks that may vary from established techniques and practices under minimal supervision and guidance and must be competent in all facets of duties required;
● may be required to work alone, lead work units and/or co-ordinate, supervise and/or train new employees;
● may require extensive individual judgment and initiative within established management guidelines;
● understands and applies quality control and assurance techniques;
● may supervise and/or train employees at all levels up to and including PA5; and
● may be required to undertake any task(s) listed in clause 28.1.
1.8 Senior piggery attendant level 7 (PA7)
(a) A Senior piggery attendant level 7 (PA7) is:
● an employee appointed by the employer who has completed a minimum of:
● three years’ adult experience in the pig breeding industry; and
● has completed the New South Wales Technical and Further Education Rural Trades Course or other Trades Certificate and/or course(s) accredited and recognised by the Pig Industry Training Council.
(b) An employee at this level:
● performs a range of tasks relating to the purchase, installation and programmed maintenance of plant, fittings and fixtures and mechanical, hydraulic or electrical equipment and machinery;
● exercises discretion within the scope of this level and the employee’s qualifications/training;
● provides trade guidance and assistance to levels PA5 and PA6 as part of a work team;
● works with minimal direction or supervision and is responsible for the quality of their own work;
● exercises trade skills relevant to the requirements of the level;
● co-ordinates and supervises non-trades employees within a work team; and
● may be required to undertake any task(s) listed in clause 28.1.
1.1 Adult wages
The following wages apply to adult piggery attendants classified under clause 28—Classifications of this award:
Wage group |
Minimum weekly rate |
Minimum hourly rate |
PA1 |
672.70 |
17.70 |
PA2 |
691.60 |
18.20 |
PA3 |
718.60 |
18.91 |
PA4 |
743.40 |
19.56 |
PA5 |
762.60 |
20.07 |
PA6 |
783.30 |
20.61 |
PA7 |
807.70 |
21.26 |
1.2 Junior wages
Age of employee |
% of relevant adult rate |
Under 16 years |
50 |
At 16 years |
60 |
At 17 years |
70 |
At 18 years |
80 |
At 19 years |
90 |
At 20 years |
100 |
See Schedule B.4 for a summary of hourly rates of pay including overtime and penalties. |
1. Ordinary hours of work
1.1 Ordinary hours for piggery attendants will not exceed 152 hours in any four week period.
1.2 If an employee works less than 38 hours in one week of any four week period then the employer will use its best endeavours to ensure that the employee is paid for 38 hours work during any week.
1.3 Unless an agreement is reached between the employer and employee, tThe spread of ordinary hours will not exceed eight per day between 6.00 am and 6.00 pm Monday to Friday, unless otherwise agreed by the employer and employee.
1.4 No employee will be required to work more than 12 ordinary hours per day.
1.5 Agreement may be reached between an employer and the majority of employees at a workplace about the method of implementing a 38 hour week at the workplace.
Parties are asked to comment on whether the award should include a definition of ‘shiftworker’ in order to clarify which employees are shiftworkers (for the purposes of shift loading) and which employees are dayworkers (working outside the spread of ordinary hours) – see Correspondence from the Fair Work Ombudsman. |
(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
(b) Continuous work means work carried out:
(i) on consecutive shifts of employees;
(ii) over 24 hours a day;
(iii) for at least six consecutive days; and
(iv) without interruption, except during breakdowns, meal breaks or due to unavoidable causes beyond the control of the employer.
(c) Non-continuous work means work carried by a shiftworker who works on an afternoon or night shift which does not continue:
(i) for at least five successive afternoons or nights on a five day site or six successive afternoons or nights on a six day site; or
(ii) for at least the number of ordinary hours prescribed by one of the alternative arrangements in clauses 31.1(f)(ii) or (iii) of this award;
(d) Night shift means any shift finishing after midnight and at or before 8.00 am.
(e) Rostered shift means a shift of which the employee concerned has had at least 48 hours notice.
(f) Permanent night shift is where an employee who:
(i) during a period of engagement on shift, works night shift only; or
(ii) remains on night shift for a longer period than four consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one third of their working time off night shift in each shift cycle.
1.2 Ordinary hours and roster cycles—shiftworkers
(a) By agreement between the employer and the majority of employees concerned, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.
(b) The ordinary hours of shiftworkers will average 38 per week inclusive of crib time and must not exceed 152 hours in 28 consecutive days.
(c) If the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed a maximum of 26 weeks.
(d) In any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift, the arrangement of hours will be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned.
(e) Subject to clause 31.2(f), ordinary hours of work must not exceed 10 hours per shift inclusive of crib time.
(f) By agreement between the employer, the majority of employees in the work section or sections concerned and where an employee or employees nominate, ordinary hours not exceeding 12 on any day may be worked.
(g) Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.
(h) Breaks
(i) Continuous work
Shiftworkers on continuous work as defined in clause 31.1(b) will be allowed a 20 minute crib break each shift, which will be counted as time worked.
Shiftworkers who are not engaged in continuous work as defined in clause 31.1(b):
1.3 Rosters
Shift rosters will specify the commencing and finishing times of ordinary working hours of the respective shifts.
1.4 Variation by agreement
(a) Subject to clause 31.2 the method of working shifts may in any case be varied by agreement between the employer and the majority of employees concerned.
(b) The time of commencing and finishing shifts once having been determined may be varied:
(i) by agreement between the employer and the majority of employees concerned to suit the circumstances of the establishment; or
(ii) in the absence of agreement by five days’ notice of alteration given by the employer to the employees.
1.5 Afternoon or night shift allowances
Shift |
Penalty rate |
Afternoon or non-permanent night |
115 |
Permanent night shift—all hours |
130 |
Non-continuous afternoon or night—first 3 hours |
150 |
Non-continuous afternoon or night—after first 3 hours |
200 |
1.6 A shiftworker required to work on Saturdays, Sundays or public holidays must not receive the shift penalty in clause 31.5 on those days. The provisions of clauses 33—Saturday and Sunday penalty rates and 34—Payment for public holidays will apply instead.
1.1 All time worked by piggery attendants before the ordinary commencing time or after the ordinary finishing time or in excess of ordinary hours of work in any one day or in any one week will be regarded as overtime.
1.2 Overtime will be paid at the following rates:
For overtime worked |
Overtime rate |
Monday to Saturday—first two hours |
150 |
Monday to Saturday—after first two hours |
200 |
Sunday—all hours |
200 |
1.3 A minimum payment of three hours’ overtime on a Saturday or Sunday is payable except for work which is continuous with ordinary duty.
1.4 In computing overtime each day’s work will stand alone.
1.5 Employees will work reasonable overtime to meet the needs of the enterprise.
32.6 No employer or employee will be party to payment for overtime where such overtime is not actually worked. The assignment of overtime by an employer will be based on specific work requirements and the practice of ‘one in all in’ overtime must not apply.
(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of four hours’ work at the appropriate rate for each time the employee is so recalled.
(b) The employee must not be required to work the full four hours if the job they were recalled to perform is completed within a shorter period.
(a) Where overtime is unplanned and not notified the day or days beforehand, a payment will be made of $12.93 after two hours of overtime if work will continue beyond the meal break. Alternatively the employer may supply the employee with a meal.
(b) Where an employee is notified the day or days prior to an overtime day, the meal allowance is not payable unless the overtime is cancelled. Where cancellation occurs and notice of cancellation is not given at least the day before the planned overtime, the employee with be paid the meal allowance.
1.8 Paid breaks during overtime
(a) Meal break
Before starting overtime an employee will be allowed a meal break of 30 minutes which will be paid for at ordinary rates.
(b) Crib time
An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each four hours of work.
1. Saturday and Sunday penalty rates
For work performed by piggery attendants on a Saturday or a Sunday, the following rates apply:
For time worked: |
Penalty rate |
Day workers |
|
Saturday—ordinary hours worked by agreement |
150 |
Sunday—all hours |
200 |
Shiftworkers |
|
Saturday1 |
150 |
Sunday—continuous shifts2 |
200 |
1 Provision in substitution for and not cumulative upon shift allowances in clause 31.5. |
2. Payment for public holidays
This provision may be affected by AM2014/301 |
2.1 A piggery attendant who is a day worker required to work on a public holiday will be paid 250% of the ordinary hourly rate for a minimum of three hours and up to the usual rostered hours. For time worked in excess of the ordinary rostered hours overtime rates will apply.
The overtime rates that apply for work in excess of rostered hours on a public holiday in accordance with clause 32.1 are less than that provided for ordinary hours on a public holiday. Is this correct? |
2.2 A shiftworker required to work on a public holiday will be paid 200% of the ordinary hourly rate for a minimum of three hours and up to the usual rostered hours.
2.3 By agreement between an employer and the employees, time off instead of payment for public holidays may be accrued for public holiday work. That is, the employee will receive ordinary time payment for the hours worked on the said holiday and accrue time to be taken at a mutually agreed time.
1.1 Poultry farm worker level 1 (PW1)
(a) A poultry farm worker level 1 (PW1) includes:
● General hands.
(b) An employee at this level:
● may undertake training for any task;
● may be trained in more than one specific area, depending on the employee’s application to these tasks;
● may be engaged in collecting and grading eggs; and
● has less than 12 months’ experience in the industry.
1.2 Poultry farm worker level 2 (PW2)
(a) A poultry farm worker level 2 (PW2) includes:
(i) an employee with more than 12 months’ experience in the industry who performs the duties of a poultry farm worker level 1 and may be required to perform any of the following duties:
● collect and grade eggs;
● care for sheds and litter, maintain egg records, cull flocks of poultry as required;
● remove waste product;
● drive and/or operate farm plant and equipment; and
● pick-up work and associated general duties as a farm hand.
(ii) Hatchery assistants who:
● rotate eggs in incubators;
● check eggs;
● undertake sexing and beak trimming;
● sort and grade eggs and day-old poultry;
● fumigate and vaccinate;
● clean and sanitise hatchery incubators, hatchers and associated equipment; and
● perform any work undertaken by a farm hand.
(b) An employee at this level may be engaged at or in connection with mixing poultry food or grain crushing.
1.3 Poultry farm worker level 3 (PW3)
(a) A poultry farm worker level 3 (PW3) includes:
(i) Stock hands who:
● are other than hatchery employees or employees engaged in pick up work; and
● have been and are substantially engaged in actually handling livestock for a period of six months.
(ii) Farm maintenance workers who perform:
● pipefitting work;
● tack welding; and
● other minor maintenance work which involves the significant use of tools.
(iii) Farm transporters who:
● have their principal duties centred on a poultry farm or hatchery;
● may work as a stock hand, farm hand or hatchery assistant;
● transport livestock and/or eggs from farm to farm and from farm to hatchery or return and related activities;
● remove and transport litter and sawdust for poultry farms; and
● are qualified front-end loader operators.
(b) An employee at this level:
● will also perform any task undertaken by a farm hand; and
● may operate a front-end loader as part of their general duties.
1.4 Poultry farm worker level 4 (PW4)
(a) A poultry farm worker level 4 (PW4) includes:
(i) Authorised testers;
(ii) Certified rural tradespersons who:
● have been employed for a period of not less than four years’ relevant employment in a rural industry; and
● have completed the Rural Trades Course at TAFE or similar course or courses approved by the Rural Apprenticeship Training Committee upon application.
1.1 Adult wages
The following wages apply to adult poultry workers classified under clause 35—Classifications of this award:
Wage group |
Minimum weekly rate |
Minimum hourly rate |
PW1 |
672.70 |
17.70 |
PW2 |
702.00 |
18.47 |
PW3 |
731.50 |
19.25 |
PW4 |
783.30 |
20.61 |
1.2 Junior wages
Age of employee |
% of relevant adult rate |
Under 16 years |
50 |
At 16 years |
60 |
At 17 years |
70 |
At 18 years |
80 |
At 19 years |
90 |
At 20 years |
100 |
1. Ordinary hours of work and rostering
The ordinary hours of work of poultry farm workers must not exceed 152 hours in any consecutive period of four weeks.
2. Overtime and public holidays penalty rates
This provision may be affected by AM2014/300 – see draft determination. |
2.1 Overtime
(a) All time worked by a poultry workers in excess of the ordinary hours in clause 37 will be regarded as overtime.
(b) The rate of pay for overtime for a poultry farm worker will be:
For overtime worked |
Overtime rate |
Monday to Saturday |
150 |
Sunday—all hours—feeding and watering stock |
150 |
Sunday—all hours—other than feeding and watering stock |
200 |
(c) Time off instead of payment for overtime
An employee may elect to take time off duty, with pay, for a period equal to the overtime worked.
2.2 Public holidays
A poultry worker required to work on a public holiday will be paid 200% of the ordinary hourly rate.
Part 8—Shearing Operations
1.1 Employees engaged for work in a shed, other than Woolclassers and Shearing shed experts, will be engaged on a casual basis in one or more of the following categories:
● Shearer;
● Crutcher;
● Shed hand;
● Woolpresser; or
● Shearing cook.
A composite of these categories may apply where the employee has mixed functions, except Shearers.
1.2 Shed hands or Woolpresser-shed hands
(a) A Sshed hand or Woolpresser-shed hand may be required to work as a generally useful hand in or about the shearing shed either during the crutching or shearing or when crutching or shearing is not taking place.
(b) Shed hands, Woolpressers and Woolpresser-shed hands will be paid by the run (as defined in clause 43.1(b)).
(c) Minimum daily payment
(i) Employees will be guaranteed a minimum daily payment for two runs on any day on which the employee attends for duty; except
● if on the day of cut out work continues beyond the normal lunch break then payment will be made for four runs; or
● if sheep are voted wet at the commencement of the third or fourth run, then they will be paid for all completed runs on that day together with the run due to commence or partly completed at the time sheep are voted wet.
(ii) Minimum payment per day will not apply where an employee is not required to attend for work because of wet weather, provided that:
● the employee is advised on each preceding day that they will not be required to attend; or
● if the employee is advised by the employer of a starting time with more than 24 hours’ notice.
(d) When an employee has mixed functions (e.g. as Woolpresser and Sshed hand) they will be paid at the rate that attracts the higher minimum rate of pay under this award.
(e) Woolpresser-shed hands and Sshed hands will weigh, brand, store and carry wool to the press without extra payment.
(f) An employer may direct a Sshed hand to carry out the duties of a Woolpresser, provided that:
(i) the employee will only be required to perform those duties of a Woolpresser that are within the limits of that employee’s skill, competence and training;
(ii) the performance of such duties does not involve either an alteration to the employee’s classification or a major and substantial change in the duties normally performed by the employee; and
(iii) the direction will be given only in the pursuit of the efficient conduct of a shearing or crutching operation in circumstances of unavailability of a contracted Woolpresser for a limited period.
(a) A Woolpresser or Woolpresser-shed hand will:
(i) press as soon as possible all the wool shorn or crutched from the relevant shearing or crutching;
(ii) weigh, brand and store the wool; and
(iii) press and close the bales in the manner and, as nearly practicable, to the weight directed by the overseer, and remove all clippings and string from the inside of the bales and clear away such clippings and string and all loose wool from the portion of the shed occupied for woolpressing.
(b) An employer may direct a Woolpresser to carry out the duties of a Sshed hand, provided that:
(i) the employee will only be required to perform those duties of a Sshed hand that are within the limits of that employee’s skill, competence and training; and
(ii) the performance of such duties does not involve either an alteration in the employee’s classification or a major and substantial change in the duties normally performed by the employee.
1.4 Shearing cooks
(a) Shearing cooks will prepare and cook up to five meals per day, including morning and afternoon tea, for an agreed number of persons.
(b) The total number of persons for whom an employee is to cook, on the average of the shearing or crutching, will not be:
(i) less than the minimum number agreed upon; or
(ii) more than the maximum number agreed upon.
(c) If any of the employees for whom the Shearing cook is to cook for, strike or wilfully cease work against the direction of the employer, the Shearing cook will be entitled to payment of wages in respect only of those employees who do not strike or cease work.
(d) The Shearing cook will provide at the cook’s own expense such suitable assistant or assistants as may be necessary for the proper cooking and serving of food.
(e) Shearing cooks may be engaged per half day.
(f) On the day prior to the commencement of shearing or crutching, should the Shearing cook be required to prepare the evening meal or clean and prepare the kitchen for a normal start on the following day, payment will be made at 50% of the daily or piecework rate.
(g) On the day of cut out a Shearing cook will be guaranteed 50% of the daily or piecework rate. However should shearing proceed after the normal midday meal break, a full day’s wages will be payable.
(h) Where a Shearing cook is engaged to cook for non-resident employees and prepares morning and afternoon tea and a midday meal they will receive 50% of the daily or piecework rate.
(i) Where clause 39.4(h) applies, employees will be required to contribute a maximum of 50% of the rate established pursuant to clause 40.6 of this award.
39.5 Shearers and learner Shearers
(j) Shearers will be engaged to shear and/or crutch sheep.
(k) A learner Shearer will be engaged as such on production of proof that they qualify for such status.
1.5 Shearers and learner shearers
(a) Shearers
Shearers will be engaged to shear and/or crutch sheep.
(b) Learner shearers
(i) A learner will mean a shearer or intending shearer who has not yet shorn five thousand sheep.
(ii) A learner who starts in a shed as a learner may continue to be regarded as a learner under this clause for a run of sheds, although they become a shearer, not a learner, before the run of sheds is completed.
(iii) It will be obligatory upon such learner to produce to their employer or intended employer a certificate, log book or equivalent in the following form showing the number of sheep they have shorn:
LEARNER’S CERTIFICATE TO BE PRESENTED AT EACH SHEARING
Issued to ……………………………..
Home address ………………………………
Date of issue of certificate ………………………………….
Age ……………………………………..
Date |
Station |
Total sheep shorn |
Average tally per day (whole days) |
Signature of owner or manager or shed overseer |
Signature of learner |
Total sheep shorn prior to issue of this certificate |
(iv) The earnings of a learner shearer will not be less than they would have received had they been employed for the same period as an adult shed hand, plus the combs and cutters allowance of $20.36 per week. The agreement of such specified learner will be endorsed “learner” at the time it is signed.
1.6 Crutchers
Crutchers will be engaged to crutch sheep, either a full crutch or other crutch.
1.7 Woolclassers
The classification and duties structure is as follows:
(a) Woolclasser level 1
Woolclasser level 1 (W1) may be required to undertake woolclassing duties only. These duties, which will be carried out in accordance with the directions and orders of the owner or nominated representative, will be as follows:
(i) to classify the wool and advise and report generally as a wool expert, according to the industry agreed code of practice as published by the Australian Wool Exchange Limited or its successors;
(ii) to instruct the woolrollers and supervise the skirting and rolling of the fleece;
(iii) to instruct and supervise the piece-pickers, the pickers-up as far as concerns their duty in picking up the fleeces and all other persons engaged in the handling of the wool;
(iv) to instruct the Woolpressers and exercise a general supervision over the pressing, weighing and branding of the bales;
(v) to keep the shed wool book, or see that it is kept by the Woolpresser or woolweigher, to the satisfaction of the employer, and, where required, to write up the station permanent wool and weight book daily (one copy only); and
(vi) to complete waybills if and when required.
(a) Woolclasser level 2
A Woolclasser level 2 (W2) may be required to undertake:
(i) woolclassing duties, being any of the duties outlined in relation to Woolclasser level 1; and
(ii) woolrolling, where such work is incidental to the duties of a Woolclasser, and other Shed hand work where such work is a minor and incidental part of the duties of the Woolclasser. In the interest of efficient performance of work by the Woolclasser, such woolrolling will not be performed in a shed where more than 900 fleeces per day are shorn.
(a) Woolclasser level 3
A Woolclasser level 3 (W3) may be required to undertake:
(i) woolclassing duties, being any of the duties described for Woolclasser level 1 above;
(ii) woolrolling or other Shed hands work as described for Woolclasser level 2 above;
(iii) overseeing or management of the board, provided that a Woolclasser must not do overseeing nor take the management of the board in addition to doing woolclassing in any shed where more than twelve Shearers are employed;
(iv) bookkeeping; and
(v) experting, as described in clause 39.8, provided that except in the case of an emergency, a Woolclasser must not act as an expert in addition to doing woolclassing in a shed where more than six Shearers are employed at any one time.
(a) Shearing shed expert level 1
A Shearing shed expert level 1 (E1) may be required to perform experting duties only. The duties of a Shearing shed expert will include:
(i) attending to the shearing shed machinery;
(ii) engine driving;
(iii) the grinding of combs and cutters; and
(iv) such other duties as may be agreed upon by the employer and the employee at the time of the employee’s engagement.
(a) Shearing shed expert level 2
A Shearing shed expert level 2 (E2) may be required to perform:
(i) experting duties as described for Shearing shed expert level 1;
(ii) woolrolling or other Shed hands work where such work is a minor and incidental part of the duties of an expert. In the interest of efficient performance of work, such woolrolling must not be performed in a shed where more than 900 fleeces per day are shorn;
(iii) overseeing or management of the board; and
(iv) bookkeeping.
1.1 The minimum rates for Shearers will be:
Minimum rates for shearing (by machine) |
Not found employee1 |
If found employee1 |
Flock sheep—wethers, ewes and lambs—rate per 100 |
293.31 |
263.46 |
Flock sheep—wethers, ewes and lambs—rate per day |
219.14 |
189.29 |
1 These rates are calculated in accordance with clause A.1. |
1.2 Additional Other shearing rates
Description |
% of applicable rate |
Rams (other than special stud rams) and ram stags |
200% of flock sheep rate |
Stud ewes and their lambs |
125% of flock sheep rate |
Double-fleeced sheep |
133.33% of the rate prescribed appropriate to the class of sheep |
Hand shearing |
7.5% added to the rate for each class of sheep |
Shearers |
25% added to the rate |
Special studs |
1.3 Rates for crutching
The following rates are arrived at by the formula in clause A.2 and paid in addition to the shearing rates contained in this clause.
Per 100 |
Per 100 | |
Full crutching: shearing the inside parts of the legs, between the legs, and around and above the tail. In addition when required: ● removing wool that has been struck by blowfly;
|
85.06 |
73.33 |
All other crutching |
67.46 |
58.66 |
For wigging or ringing |
32.26 |
32.26 |
For either wigging or ringing in addition to crutching |
8.80 |
8.80 |
For wigging and ringing |
52.80 |
52.80 |
For wigging and ringing in addition to crutching—crutching rate plus |
14.67 |
14.67 |
For cleaning the belly of any ewe above the teats (no more than two blows of the machine or shears)—crutching rates plus |
7.33 |
7.33 |
(b) Lack of amenities allowance
An allowance of $9.38 per person per day will be paid for the lack of amenities when crutching is performed other than at sheds in addition to the piecework rates in clause 40.3(a).
(i) For crutching stud ewes and their lambs—one and a quarter of the rates prescribed in clause 40.3(a).
(ii) For crutching rams and ram stags—double the rates prescribed in clause 40.3(a).
(d) If found employee—the rates prescribed above less the amount of $29.85, which is arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration component.
(a) If not found employee:
Adults |
Weekly rate |
Per run rate |
For adults with less than 65 work days’ experience as a |
1051.33 |
52.57 |
For adults with 65 or more work days’ experience as a |
1105.65 |
55.28 |
(b) These amounts are arrived at by using the formula in clause A.3.1.
(c) The rates for junior Sshed hands are arrived at using the formula in clause A.3.2.
(d) If found employee—the rates prescribed above less the amount of $29.85, which is arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration component.
1.5 Rates for Woolpressers—if not found employee:
$ | |
By hand—per bale |
17.61 |
By hand—per kilo |
0.1156 |
By power—per bale |
11.74 |
By power—per kilo |
0.0770 |
These rates are arrived at by using the formula in clause A.4.
(b) For weighing and branding bales—$0.39 per bale extra.
(c) If the total sum which the Woolpresser would receive under the rates in clause 40.5(a) amounts to less than $58.46 per run multiplied by the number of runs that a time work employee would have been paid for, the employer will pay the deficiency to the employee.
(d) If found employee—the rates prescribed above less the amount of $29.85, which is arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration component.
(e) Woolpressers engaged at piecework rates will, for all wool pressed by them, be paid wholly per bale or wholly per kilogram and will for greasy wool per kilogram be paid for an average of 140 kg per bale if the bales pressed average less than that weight.
(f) The minimum rate to be paid for woolpressing for employees engaged at time work rates will be $58.46 per run if not found employee. If found employee, rates will be the rate prescribed less $29.85 per day, which is arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration component.
(g) Provided that where a Woolpresser engaged at time work would have earned more at a particular shearing than the minimum calculation (by multiplying the per run rate by the number of runs the Woolpresser would have been paid for) if the Woolpresser had been engaged at piecework rates, then the Woolpresser will be paid at the piecework rate pursuant to clause 40.5(a)40.4(c).
(a) The minimum rates to be paid to employees for acting as Shearing cook in connection with shearing or crutching operations will be $18.34 per day per found employee for every person excepting themselves for whom the employee cooks.
(b) If the total amount which the Shearing cook would receive under this clause for the term of the employment amounts to less than $238.48 per day per found employee for the work, after paying the necessary offsiders, the employer will pay the deficiency to the employee.
(c) A Shearing cook engaged for a half day will be paid 50% of the rate per day per found employee for every person for whom the employee cooks.
(d) The minimum rates for Shearing cooks are arrived at by the formula provided in clause A.5.
1.7 Woolclassers piecework rates
(a) For carrying out the duties described in clause 39.7 of this award, a Woolclasser will be paid at the rate of $332.36 per 1,000 sheep and/or lambs.
(b) All rams and/or ram stags’ wool classed will be paid for at double the rate in clause 40.7(a).
1.8 Woolclassers guaranteed weekly minimum rates
If the piecework earnings from woolclassing over the whole of the employment are less than the relevant weekly amount for the same period, the employer will pay the Woolclasser not less than the minimum weekly rate set out below.
1.9 Woolclassers and Shearing shed experts
(a) The following minimum weekly rates will apply to Woolclassers and Shearing shed experts classified under clause 39—Classifications:
Classification |
Minimum weekly rate |
$ | |
Shearing shed expert level 1 |
1109.07 |
Shearing shed expert level 2 |
1232.30 |
Woolclasser level 11 |
1232.30 |
Woolclasser level 21 |
1329.45 |
Woolclasser level 31 |
1392.60 |
1Woolclasser minimum weekly rates are arrived at according to the formulae provided in clause A.6 |
(b) Piecework rate
The piecework rate formula is: $1,329.45 (Woolclasser level 2) 4 = $332.36.
(c) Shearing shed experts
(i) E1—Expert level 1 (experting only) will be paid at 90% of the Woolclasser level 1 rate. The E1 rate is $1,109.07 per week.
(ii) E2—Expert level 2 (experting plus any additional duties except woolclassing) will be paid at Woolclasser level 1 rate. The E2 rate is $1,232.30 per week.
(d) For the purpose of this clause:
(i) employment will be deemed to begin at the time at which the employee is instructed to arrive at the station, but if the employee does not arrive until later, then at the time of arrival;
(ii) the number of stands to be taken is the maximum number of stands actually occupied by Shearers during the shearing;
(iii) in calculating the guaranteed amount in respect of employment for part of a week, the employee will be entitled to 20% of the prescribed weekly rate for each day or part of a day;
(iv) employment of experts and Woolclassers will be by the day unless a longer period of engagement is agreed. Unless the Woolclasser or expert has been notified the previous day that their attendance is not required for that day, then providing they present themselves as ready, able and willing to work prior to commencement of work then they will be paid for that day at 20% of the appropriate minimum weekly rate specified in this clause; and
(v) all employees are entitled to work as expeditionary employees.
(e) At the commencement of shearing the employer or a representative will appoint a certain day upon which the employer will, in each and every week, if so required, pay to the employee any sum not exceeding 75% of the amount due over and above one week’s earnings.
Allowances payable to included in the Woolclassers’ weekly rate under clause 40.9 are calculated in accordance with the following formula:
Allowance |
$ per week |
Conditions |
109.68 |
Enterprise flexibility |
155.48 |
Woolrolling |
77.72 |
Bookkeeping |
50.53 |
See clause B.8 for a summary of rates of pay, including overtime and penalties for Shearers. |
1. Special allowances (other than Woolclassers and Shearing shed experts)
1.1 Allowance where sleeping quarters are not provided
If the employee does not reside at their usual place of residence and is forced to obtain and pay for sleeping quarters away from the employer’s premises because the employer is unable to provide sleeping quarters at the premises for the employee during a shearing or crutching, the employer will:
(a) arrange for sleeping quarters for the employee to be supplied elsewhere at the employer’s expense; or
(b) pay to the employee an allowance of $47.24 per night during the employee’s employment that the employee is forced to obtain and pay for sleeping quarters; and
(c) provide or pay for the transport of the employee between the sleeping quarters and the shed where the distance is one kilometre or more walking distance between the employee’s sleeping quarters and the shed.
1.2 An allowance of $15.59 per hour will be payable to the employee for all time in excess of one hour spent travelling between the sleeping quarters and the shed. such hour where the total travel time to and from the sleeping quarters and the shed exceeds one hour per day.
1.3 If an employee resides at their home or usual place of residence and travels daily to the shed during a shearing or crutching, the following provisions will apply:
A travelling allowance of $14.02 per day will paid to an employee where the distance between the shed and the employee’s place of residence exceeds 65 kilometres by the most direct practicable route upon which the employee so travels.
If an employee, by prior arrangement and agreement with an employer, uses their own motor vehicle to travel to and from the shed, the employee will be paid $0.78 per kilometre for travel by the most direct practicable route between the shed and the employee’s normal place of residence.
1.4 Clause 41.3(a) and 41.3(b) of this award will not apply in any case where the employer offers the employee suitable accommodation at the shed and the employee chooses not to use it.
1.5 Breakdown of machinery—allowance for delays and termination of agreements
(a) If a Shearer or Crutcher or a piecework Woolpresser:
(i) is stopped from working through a breakage or failure of machinery, except from any cause over which the employer has no control, and
(ii) the total period of all such stoppages which occur in any one week exceeds two hours working time,
the employer will pay to the employee an allowance at the rate of:
● $171.70 per day in the case of not found employees and
● $141.85 per day in the case of found employees,
for every day or part of a day beyond two hours’ of working time in any one week as long as there are sheep fit to shear.
(b) The not found breakdown rate is calculated as the old breakdown rate multiplied by the new Shearers rate per 100 divided by the old Shearers rate per 100 (less found deduction if found employee).
1. Special allowances for Woolclassers
1.1 Fares and travelling allowances for expeditionary employees
(a) An employee will be reimbursed all fares, or be compensated for motor vehicle expenses at a rate of $0.78 per kilometre, to travel the most direct route to and from the shed at the commencement and conclusion of a period of engagement at a shed from the closest of:
(i) the employee’s place of residence;
(ii) the employee’s previous place of work; or
(iii) the place of engagement.
(b) In cases where the employee is discharged for incompetence or misconduct or breaches of the agreement signed before commencement of the shed, no return fares nor return expense allowance will be paid.
(c) When an employer offers an employee accommodation in accordance with this award, and the employee does not use the accommodation, the allowances in clause 42.1 will not be payable.
(d) The vehicle allowance, as specified above in clause 42.1(a), applies only where an employee actually uses their vehicle to travel to and from the shed.
(e) The fares, as specified above in clause 42.1(a), are paid only where they are actually incurred and this does not include airfares unless agreed at the time of engagement.
(f) An allowance at the rate of $69.68 per day will be paid by the employer to the employee for all expenses incurred (other than fares) while the employee is actually proceeding to and from the place of employment.
(g) The allowance will be calculated at the rate of $2.90 per hour from the time of departure of the employee from the place of engagement or from the permanent residence until the employee arrives at the place of employment.
(h) When an employee is about to return from the place of employment the allowance will be calculated on the same basis from the time of departure until arrival at the place of engagement or permanent residence.
1.2 Allowance for delay between commencement of sheds on the same holding
The following allowance applies where two sheds are situated on the same holding and are the property of the same owner and where the work at the second shed starts immediately after the work at the first is completed and the same Woolclasser (but not a Shearing shed expert) is employed for the two sheds:
(a) A Woolclasser will be paid an allowance for any delay between the cut out of the one shed and the starting of the other, calculated at the delay rate set out in clause 42.3.
(b) Should, however, properties intervene, such sheds must not be considered as sheds on the same holding, and no allowance will be payable.
1.3 Allowance for delays for Woolclassers paid at piecework rate
(a) In the event of the employer failing to start shearing on the day fixed by the contract the employer will pay the employee for the time kept idle, a daily amount of 10% of the appropriate guaranteed weekly minimum rate for the classification of the employee; provided:
(i) the Woolclasser is ready to start on the day fixed; and
(ii) the failure to start is not caused by wet weather or other unforeseen natural causes such as fire, flood, or earthquake.
(b) The number of stands to be taken into account when calculating the allowance will be the maximum number of stands actually occupied by Shearers during the shearing.
(c) The allowance set out in this clause will be in full satisfaction of all claims by the employee arising out of the failure to start on the part of the employer.
(d) The rates in clause 42.3 will only apply where an employee is paid the piecework rate.
1. Hours of work for Shearers and Crutchers
(a) The ordinary hours of work for Shearers and Crutchers will be 38 per week, Monday to Friday.
(b) The hours will not exceed eight per day and will be worked in two hour groupings called runs. The run times are Monday to Friday as follows:
● 7.30 am–9.30 am
● 10.00 am–12.00 pm
● 1.00 pm–3.00 pm
● 3.30 pm–5.30 pm
1.2 Alteration of starting times Clause 43.1 will be read subject to the provisions of clause 43.3 and the following:
(a) if agreement between the employer and the majority of employees exists there may be an alteration of the starting time by a maximum of two hours’ to allow for work to be completed in extenuating circumstances;
(b) work will not commence prior to 5.30 am or later than 7.30 am except where sheep have not been presented for shearing or crutching due to inclement weather;
(c) runs will be of two hours duration and be worked continuously except for tea and lunch breaks;
(d) circumstances for which alteration to the starting time in accordance with clause 43.2 may be made are limited to:
● to assisting travel arrangements (e.g. day of cut out and travel home);
● to ensureing daylight requirements where shed lighting is not available;
● for stock welfare; and
● when rising flood water creates exceptional circumstances; and
(e) the entitlements in this clause are non-cumulative.
1.3 Restrictions on working eight hours
The restriction on working eight hours will not apply:
(a) where the tail end of a mob of ewes with lambs or unweaned lambs are in the pens at 5.30 pm on Friday awaiting shearing (or crutching), the shearing (or crutching) may, at the option of the employer, be continued for not more than half an hour, but so far only as may be necessary for the purpose of shearing (or crutching) the said ewes and/or lambs;
(b) if not more than three sheep per Shearer/Crutcher are left in the pens at 5.30 pm on Friday they may, at the option of the employer, be shorn (or crutched) then for the purpose of cutting out a particular flock; or
(c) if on the day of the cut out, there remains in the pens after the last run of the day, the number of sheep as could be ordinarily shorn (or crutched) in 60 minutes, the shearing (or crutching), at the option of the employer, may be continued until the sheep are shorn (or crutched). If the option of the employer is taken and work time exceeds 30 minutes, all time workers will receive an additional two hours’ (one run) payment.
1.4 Special conditions regarding the hours of work of Shearers and Crutchers
This provision may be affected by AM2014/300 |
(a) Where a Shearer or Crutcher has not completed 38 hours work during the preceding week, or eight hours per day if the shearing commenced later in the week, by reason of the fact that sheep presented for shearing or crutching are voted wet or sheep are not presented for shearing or crutching because of rain or sweating, a Shearer or Crutcher may be required by the employer to work on the Saturday and/or Sunday immediately succeeding the week in which work could not be performed for these reasons only, provided that:
(i) any work performed on a Saturday or a Sunday pursuant to clause 43.4 must be performed in accordance with the run schedules in clause 43.1(b);
(ii) any work performed on a weekend pursuant to clause 43.4 must be performed from the commencement of the first available run after the condition of the sheep permit their shearing or crutching except that by agreement between the employer and the employee another or other mutually convenient run or runs available on that weekend may be substituted;
(iii) the work on Saturday and/or Sunday will only replace the time lost during the preceding week; and
(iv) reasonable notice of the need to work on the weekend will be given.
(b) A signal will be given three minutes (one minute in the case of crutching) before the end of each run and no Shearer (or Crutcher) will catch another sheep during that run after the signal has been given.
(c) The employee will finish the shearing (or crutching) of any sheep they are shearing (or crutching) at the end of each run.
(d) The employer and employee will record and retain at the appropriate place of employment a written record in the tally book when make-up time is worked, if sheep are determined wet during the normal course of shearing in the preceding Monday to Friday.
(e) The tally book will show those employees who worked make-up time, the date of the work and the number of runs worked during the weekend. The employer will retain this written record for a period of not less than six years.
1. Special conditions relating to shed employees
1.1 Mess and cook
(a) If a mess is established for found employees, not found employees may, with the approval of the employer join the mess and provide their own food and related items (joint mess).
(b) The employer will, however, have the right to supply a sufficient quantity of food to start the mess, the food to be paid for by the persons comprising the mess.
1.2 Where there is a joint mess
(a) The employer must engage a competent cook for the mess on terms not less advantageous to the cook than those prescribed by this award.
(b) The employer may charge each not found employee the amount of their share of the wages actually payable to the cook. The amount payable charged must not exceed the rate per day per member of the mess prescribed in this award.
(c) If an employer elects to supply food and like items, the employer may deduct the price of the items from the wages of those supplied with the items.
(d) If the employer discharges a not found member of the mess who does not have sufficient credit to satisfy what that employee owes to the mess account, the employer will make up the deficiency, except so far as the employee’s share of the mess account has been increased by goods purchased elsewhere than from the employer.
1.3 Condition of sheep
The employee may refuse to shear sheep without any responsibility for delay in the following circumstances:
(a) Wet sheep
(i) if the overseer and the shed representative agree that the sheep are too wet to shear or crutch; or
(ii) if in the employee’s honest opinion, the sheep are so wet as to be likely to injure the employee, and the employee informs the overseer to that effect; or
(iii) if in the honest opinion of a majority of Shearers (or Crutchers) excluding any learner by vote on a secret ballot it is determined that the sheep are too wet to shear or crutch.
The supervisor may request that the vote be delayed until after the Shearers (or Crutchers) have shorn (or crutched) two sheep each and that the ballot papers have been counted in the presence of the supervisor. The supervisor may request that further votes be taken in relation to sheep which have been voted wet in the same day.
(a) Infected sheep
The employee may refuse to shear (or crutch) sheep where the sheep are:
(i) cancerous;
(ii) suffering from scabby mouth;
(iii) suffering from any wound or sore other than maggots;
(iv) suffering from a disease communicable to the employee; or
(v) affected by prickly pear, unless the employer provides the employee with such basil or other gloves and coverings as are necessary.
The employee will put any affected sheep appearing on the board down the chute.
1.4 Conditions of sheep—employer requirements
(a) The employer will so far as is practicable and reasonable in the particular circumstances prevent from entering the shed:
(i) any cancerous sheep;
(ii) any sheep that has an offensive wound or sore, other than from maggots (unless properly treated with antiseptic);
(iii) any sheep suffering from scabby mouth;
(iv) any sheep suffering from any disease communicable to the employee.
(b) The employer need not pen sheep for shearing (or crutching) which in the honest opinion of the employee should not be shorn or crutched because they are too wet to be shorn (or crutched), without responsibility for any delay.
(c) The employer may also withdraw sheep which have been penned for shearing (or crutching) when, in the employer’s honest opinion, the wool is too wet for pressing, without responsibility for any delay.
1.5 Transport to be provided in certain circumstances
(a) If the employees sleep at the employer’s premises and the shearing shed is one kilometre or more walking distance from the employee’s sleeping quarters, the employer must provide transport for the employees between the shed and sleep quarters before the start of the day’s work and at the end of the day’s work.
(b) In all cases where the shearing shed is half a kilometre or more walking distance from the employees’ huts, the employer must provide transport from the shed to the huts and from the huts to the shed for the midday meal.
1.6 Combs, cutters and handpiece
(a) It will be the responsibility of the employee to provide themselves with combs and cutters and a suitable handpiece.
(b) If a Shearer chooses to use a handpiece supplied by the employer or a contractor, the employer or contractor may make a charge to the Shearer for the use of the handpiece equivalent to the amount the Shearer is reimbursed for the handpiece through the shearing formula (see clause A.1).
(c) Where combs or cutters are damaged or broken during shearing operations due to contact with tags or foreign matter, the employer will replace or provide compensation for such combs and cutters on a fair wear and tear basis.
(a) The employer may nominate the stand or stands to be occupied by learners.
(b) Subject to clause 44.7(a) Llots will be drawn for the stands in the presence of the overseer before work is commenced at a shearing or crutching, and the employees will abide by the result of the drawing.
1.8 Provision of sheep
(a) The total number of sheep to be shorn (or crutched) at the shearing (or crutching) will not be more than the maximum number agreed upon nor less than the minimum number agreed upon nor will the number of Shearers employed exceed the number agreed upon.
(b) The employer will be ready to commence shearing (or crutching) on the date appointed and will keep the Shearers (or Crutchers) fully supplied with sheep until the completion of the shearing (or crutching).
(c) The employer, however, will not be bound to furnish the agreed minimum number of sheep or to be ready or to keep the employee fully supplied if prevented by any cause unavoidable by them. The employer will inform the employee, as soon as is reasonably possible, whether, and to what extent, the employee will be or is likely to be so prevented.
(d) When the employer is a contractor shearing or crutching sheep under contract with an owner or the owner’s agent, the failure of the owner or agent to keep the contractor supplied with sheep for shearing (or crutching) will not be deemed to be a cause unavoidable by the contractor unless the owner or agent is prevented from supplying sheep because of any unavoidable cause.
1.9 Yarding sheep for shearing
(a) At shearing operations the employer will, unless prevented by any cause unavoidable by the employer, yard the sheep for shearing at least four hours before the time of their being shorn so as to overcome any fullness or sweat in the sheep and the employee will shear the sheep without delay.
(b) This clause will not apply in the case of:
(i) ewes within two months of lambing;
(ii) ewes with lambs up to three months old; or
(iii) sheep which have previously been yarded for shearing but have been turned out because they are too wet to shear.
1.10 Posting of tallies
Each day, the employer will make available to each employee the employee’s tally or bale weight for each run worked in a day.
1. Hours of work and overtime rates for Sshed hands and Woolpresser—shed hands
1.1 The working hours of a Sshed hand or of a Woolpresser-shed hand will be the same as the working hours of the Shearers or Crutchers. However, additional time each day may be necessary to:
● finish the picking up, rolling of fleeces and picking of the pieces on the tables; and
● the rolling of fleeces,
● the picking of the pieces on the tables; and
● sweep the floor of the shed.
1.2 Such additional time after the cessation of shearing or crutching on Friday and on the day of the cut out may be necessary:
● to do the work described in clause 45.1;
● to wash down the floor of the shed and the wool tables; and
● to put away any wool that is underneath; and
● in the case of Woolpresser-shed hand, such additional time as may be necessary on the day of the cut out to finish the pressing.
1.3 If on any day, except the day of the cut out, the additional time exceeds a total of 30 minutes, the whole of the additional time on that day will be treated as overtime.
1.4 Overtime will be paid for at the rate of 150% of the ordinary hourly rate.
1.5 Penners-up will work without overtime payment for the all time additional to the working hours of the Shearers or Crutchers as may be necessary to keep the Shearers or Crutchers supplied with sheep.
1. Payment for public holidays
1.1 Where work is performed on a public holiday the following rates will be paid:
(a) for Shearers, Crutchers, Woolpressers and Woolclassers—200% of the piecework rate;
(b) for Sshed hands and Woolpresser-shed hands—200% of the ordinary hourly rate; and
(c) for Shearing shed experts—an amount calculated at the rate per hour of 2.630% of the appropriate minimum weekly hourly rate in addition to any amount otherwise payable to the employee.
Schedule A—Shearing Operations—Methods for calculating Minimum Rates
1.1 Rates for Shearers—if not found employee
1.1.1 Rates for flock sheep (wethers, ewes and lambs)
The minimum rate for Shearers shearing 100 flock sheep (if not a found employee) is arrived at by the following formula:
Shearer’s formula |
$ |
Minimum rate |
739.05 |
Plus 20% piecework allowance—min rate x 20% |
147.81 |
Plus 25% casual loading—min rate x 25% |
184.76 |
Subtotal |
1071.62 |
Plus shearing industry allowance1 |
212.60 per week |
Plus rations1 |
57.55 per week |
Plus allowance for combs/cutters1 |
101.77 per week |
Plus payment for handpiece1 |
23.01 per week |
Weekly total for casual piecework Shearer with own handpiece (500 sheep) |
1466.55 |
Rate per 100 conversion—total divided by 5 |
293.31 |
1 The industry allowance, rations, combs/cutters and handpiece components are expense related allowances adjusted in accordance with clause C.2. |
1.1.2 ‘If found’ rates are calculated by deducting $29.85 from the ‘not found’ rate. This amount is arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration component. The Shearing cook’s daily rate is calculated in accordance with clause A.5.
1.1.3 Engagement by the day
The per day rate for ‘not found’ employees is calculated by multiplying the old ‘not found' employee daily rate by the Shearers rate per 100 divided by the old Shearers rate per 100.
1.2 Crutching formula
The rates in clause 40.3(a) are arrived at by the formula in clause A.2 and paid in addition to the shearing rates contained in clause 40.1.
Full crutching at sheds |
29% of Shearers per 100 rate |
All other crutching at sheds |
23% of Shearers per 100 rate |
Full crutching other than at sheds |
25% of Shearers per 100 rate |
All other crutching other than at sheds |
20% of Shearers per 100 rate |
Wigging or ringing |
11% of Shearers per 100 rate |
Wigging or ringing in addition to crutching |
3% of Shearers per 100 rate |
Wigging and ringing |
18% of Shearers per 100 rate |
Wigging and ringing in addition to crutching |
5% of Shearers per 100 rate |
Cleaning bellies etc. |
2.5% of Shearers per 100 rate |
1.3 Shed hands formula
1.3.1 Shed hands (adult) formula
These amounts are arrived at by using the following formula:
$ | |
With less than 65 work days’ experience in the industry |
|
Minimum rate—which is 84.56% of Shearer’s minimum rate |
624.94 |
Plus 25% casual loading—new minimum wage rate x 25% |
156.24 |
Plus shearing industry allowance1 |
212.60 |
Plus rations1 |
57.55 |
Total |
1051.33 |
Per run—divide by 20 |
52.57 |
With more than 65 work days’ experience in the industry |
|
Minimum rate which is 90.44% of Shearer’s minimum rate |
668.40 |
Plus 25% casual loading—new minimum wage rate x 25% |
167.10 |
Plus shearing industry allowance1 |
212.60 |
Plus rations1 |
57.55 |
Total |
1105.65 |
Per run—divide by 20 |
55.28 |
1 The industry allowance and rations components are expense related allowances adjusted in accordance with clause C.2. |
1.3.2 Shed hands (junior) formula
$ per run | |
Under 18 years |
|
With less than 65 work days’ experience as a |
|
70% of equivalent adult rate |
36.80 |
With 65 work days’ or more experience as a |
|
70% of equivalent adult rate |
38.70 |
18–20 years |
|
With less than 65 work days’ experience as a |
|
90% of equivalent adult rate |
47.31 |
With 65 work days’ or more experience as a |
|
90% of equivalent adult rate |
49.75 |
1.4 Woolpresser’s formula
These minimum rates for Woolpressers—if not found are arrived at using the following formula:
Piecework |
Time work | |
$ |
$ | |
Minimum rate |
664.00 |
719.27 |
Plus 20% piecework allowance—min rate x 20% |
132.80 |
- |
Plus 25% casual loading—min rate x 25% |
166.00 |
179.82 |
Subtotal |
962.80 |
|
Plus shearing industry allowance1 |
212.60 |
212.60 |
Plus rations1 |
57.55 |
57.55 |
Total per week |
1232.95 |
1169.24 |
Per run—total divided by 20 |
58.46 | |
By hand—per bale = total divided by 70 |
17.61 |
- |
By hand—per kilo = by hand per bale rate divided by 152.4 |
0.1156 |
- |
By power—per bale = by hand per bale rate x 2/3 |
11.74 |
- |
By power—per kilo = by power per bale rate divided by 152.4 |
0.0770 |
- |
1 The industry allowance and rations components are expense related allowances adjusted in accordance with clause C.2. |
1.5 Shearing cook’s formula
The minimum rates for Shearing cooks are arrived at by the following formula:
Shearing cook’s formula |
$ |
Minimum rate |
720.33 |
Plus 25% casual loading—min rate x 25% |
180.08 |
Plus 20% long hours allowance—min rate x 20% |
144.07 |
Plus 69.58% of shearing industry allowance1 |
147.93 per week |
Total |
1192.41 |
Daily rate—total divided by 5 |
238.48 |
Per employee per day rate = daily rate divided by 13 |
18.34 |
1 The industry allowance component is an expense related allowance adjusted in accordance with clause C.2. |
1.6 Woolclassers formula
1.6.1 Woolclasser level 1 formula
The Woolclasser level 1 minimum weekly rate is arrived at according the following formula:
$ | |
Base |
773.72 |
Plus casual loading of 25% (of base) |
193.43 |
Subtotal |
967.15 |
Plus conditions allowance1 |
109.68 |
Plus enterprise flexibility (including hours) and wet weather allowance1 |
155.48 |
Total |
1232.31 |
Rounded to the nearest five cents |
1232.30 |
1 The conditions, enterprise flexibility and wet weather components are wage related allowances calculated in accordance with clause C.1. |
1.6.2 Woolclasser level 2 formula
The Woolclasser level 2 minimum weekly rate is arrived at according to the following formula:
$ | |
Base |
773.72 |
Woolrolling and other |
77.72 |
Subtotal 1 |
851.44 |
Plus casual loading of 25% (of subtotal 1) |
212.86 |
Subtotal 2 |
1064.30 |
Plus conditions allowance1 |
109.68 |
Plus enterprise flexibility (including hours) and wet weather allowance1 |
155.48 |
Total |
1329.46 |
Rounded to the nearest five cents |
1329.45 |
1 The conditions, enterprise flexibility and wet weather components are wage related allowances calculated in accordance with clause C.1. |
1.6.3 Woolclasser level 3 formula
The Woolclasser level 3 minimum weekly rate is arrived at according to the following formula:
$ | |
Base |
773.72 |
Woolrolling and other |
77.72 |
Bookkeeping, overseeing, experting1 |
50.53 |
Subtotal 1 |
901.97 |
Plus casual loading of 25% (of subtotal 1) |
225.49 |
Subtotal 2 |
1127.46 |
Plus conditions allowance1 |
109.68 |
Plus enterprise flexibility (including hours) and wet weather allowance1 |
155.48 |
Total |
1392.62 |
Rounded to the nearest five cents |
1392.60 |
1 The booking keeping, conditions, enterprise flexibility and wet weather components are wage related allowances calculated in accordance with clause C.1. |
Schedule B—Summary of Rates of Pay
2.1 Ordinary hourly rate
NOTE: Employers who meet their obligations under this schedule are meeting their obligations under the award.
Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 10.1(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
The rates in the tables below are based on the minimum hourly rates in accordance with clauses 24, 29, 36 and 40.
2.2 Broadacre Farming and Livestock Operations—Farm and livestock hand adult employees
2.2.1 Full-time and part-time farm and livestock hand adult employees—ordinary and penalty rates
Ordinary hours |
Public holiday | |
% of ordinary hourly rate | ||
|
100% |
200% |
$ |
$ | |
FLH1 |
17.70 |
35.40 |
FLH2 |
18.21 |
36.42 |
FLH3 |
18.47 |
36.94 |
FLH4 |
18.91 |
37.82 |
FLH5 |
19.25 |
38.50 |
FLH6 |
19.56 |
39.12 |
FLH7 |
20.61 |
41.22 |
FLH8 |
22.14 |
44.28 |
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3. |
2.2.2 Full-time and part-time farm and livestock hand adult employees—overtime rates
|
Monday to Saturday |
Sunday | |
feeding & watering stock |
other than feeding & watering stock | ||
% of ordinary hourly rate | |||
|
150% |
150% |
200% |
$ |
$ |
$ | |
FLH1 |
26.55 |
26.55 |
35.40 |
FLH2 |
27.32 |
27.32 |
36.42 |
FLH3 |
27.71 |
27.71 |
36.94 |
FLH4 |
28.37 |
28.37 |
37.82 |
FLH5 |
28.88 |
28.88 |
38.50 |
FLH6 |
29.34 |
29.34 |
39.12 |
FLH7 |
30.92 |
30.92 |
41.22 |
FLH8 |
33.21 |
33.21 |
44.28 |
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3. |
2.2.3 Full-time and part-time adult station cooks—additional overtime rates
Minimum weekly rate |
Work on 6 full days |
Work on 6 full days & 1 half day |
Work on 7 full days | |
% of ordinary weekly rate | ||||
100% |
3/22nds1 |
3/11ths1 |
9/22nds1 | |
$ |
$ |
$ |
$ | |
Station cook (FLH1) |
672.70 |
91.73 |
183.46 |
275.20 |
1Amount per week paid in addition to the minimum weekly rate, in accordance with clause 26.3.
|
2.2.4 Casual farm and livestock hand adult employees—ordinary and penalty rates
Ordinary hours |
Public holiday | |
% of ordinary hourly rate | ||
|
125% |
225% |
$ |
$ | |
FLH1 |
22.13 |
39.83 |
FLH2 |
22.76 |
40.97 |
FLH3 |
23.09 |
41.56 |
FLH4 |
23.64 |
42.55 |
FLH5 |
24.06 |
43.31 |
FLH6 |
24.45 |
44.01 |
FLH7 |
25.76 |
46.37 |
FLH8 |
27.68 |
49.82 |
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3. |
2.3 Broadacre Farming and Livestock Operations—Farm and livestock hand junior employees
The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 24.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 24.1.
2.3.1 Full-time and part-time junior farm and livestock hand employees—ordinary and penalty rates
Age |
Junior weekly rate |
Junior hourly rate—ordinary hours |
Public holiday |
% of junior hourly rate | |||
|
100% |
200% | |
$ |
$ |
$ | |
FLH1 |
|||
Under 16 years |
336.35 |
8.85 |
17.70 |
16 years |
403.62 |
10.62 |
21.24 |
17 years |
470.89 |
12.39 |
24.78 |
18 years |
538.16 |
14.16 |
28.32 |
19 years |
605.43 |
15.93 |
31.86 |
FLH2 |
|||
Under 16 years |
346.05 |
9.11 |
18.22 |
16 years |
415.26 |
10.93 |
21.86 |
17 years |
484.47 |
12.75 |
25.50 |
18 years |
553.68 |
14.57 |
29.14 |
19 years |
622.89 |
16.39 |
32.78 |
FLH3 |
|||
Under 16 years |
351.00 |
9.24 |
18.48 |
16 years |
421.20 |
11.08 |
22.16 |
17 years |
491.40 |
12.93 |
25.86 |
18 years |
561.60 |
14.78 |
29.56 |
19 years |
631.80 |
16.63 |
33.26 |
FLH4 |
|||
Under 16 years |
359.30 |
9.46 |
18.92 |
16 years |
431.16 |
11.35 |
22.70 |
17 years |
503.02 |
13.24 |
26.48 |
18 years |
574.88 |
15.13 |
30.26 |
19 years |
646.74 |
17.02 |
34.04 |
FLH5 |
|||
Under 16 years |
365.75 |
9.63 |
19.26 |
16 years |
438.90 |
11.55 |
23.10 |
17 years |
512.05 |
13.48 |
26.96 |
18 years |
585.20 |
15.40 |
30.80 |
19 years |
658.35 |
17.33 |
34.66 |
FLH6 |
|||
Under 16 years |
371.65 |
9.78 |
19.56 |
16 years |
445.98 |
11.74 |
23.48 |
17 years |
520.31 |
13.69 |
27.38 |
18 years |
594.64 |
15.65 |
31.30 |
19 years |
668.97 |
17.60 |
35.20 |
FLH7 |
|||
Under 16 years |
391.65 |
10.31 |
20.62 |
16 years |
469.98 |
12.37 |
24.74 |
17 years |
548.31 |
14.43 |
28.86 |
18 years |
626.64 |
16.49 |
32.98 |
19 years |
704.97 |
18.55 |
37.10 |
FLH8 |
|||
Under 16 years |
420.75 |
11.07 |
22.14 |
16 years |
504.90 |
13.29 |
26.58 |
17 years |
589.05 |
15.50 |
31.00 |
18 years |
673.20 |
17.72 |
35.44 |
19 years |
757.35 |
19.93 |
39.86 |
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3. |
2.3.2 Full-time and part-time junior farm and livestock hand employees—overtime rates
|
Monday to Saturday |
Sunday | |
feeding & watering stock |
other than feeding & watering stock | ||
% of junior hourly rate | |||
|
150% |
150% |
200% |
$ |
$ |
$ | |
FLH1 |
|||
Under 16 years |
13.28 |
13.28 |
17.70 |
16 years |
15.93 |
15.93 |
21.24 |
17 years |
18.59 |
18.59 |
24.78 |
18 years |
21.24 |
21.24 |
28.32 |
19 years |
23.90 |
23.90 |
31.86 |
FLH2 |
|||
Under 16 years |
13.67 |
13.67 |
18.22 |
16 years |
16.40 |
16.40 |
21.86 |
17 years |
19.13 |
19.13 |
25.50 |
18 years |
21.86 |
21.86 |
29.14 |
19 years |
24.59 |
24.59 |
32.78 |
FLH3 |
|||
Under 16 years |
13.86 |
13.86 |
18.48 |
16 years |
16.62 |
16.62 |
22.16 |
17 years |
19.40 |
19.40 |
25.86 |
18 years |
22.17 |
22.17 |
29.56 |
19 years |
24.95 |
24.95 |
33.26 |
FLH4 |
|||
Under 16 years |
14.19 |
14.19 |
18.92 |
16 years |
17.03 |
17.03 |
22.70 |
17 years |
19.86 |
19.86 |
26.48 |
18 years |
22.70 |
22.70 |
30.26 |
19 years |
25.53 |
25.53 |
34.04 |
FLH5 |
|||
Under 16 years |
14.45 |
14.45 |
19.26 |
16 years |
17.33 |
17.33 |
23.10 |
17 years |
20.22 |
20.22 |
26.96 |
18 years |
23.10 |
23.10 |
30.80 |
19 years |
26.00 |
26.00 |
34.66 |
FLH6 |
|||
Under 16 years |
14.67 |
14.67 |
19.56 |
16 years |
17.61 |
17.61 |
23.48 |
17 years |
20.54 |
20.54 |
27.38 |
18 years |
23.48 |
23.48 |
31.30 |
19 years |
26.40 |
26.40 |
35.20 |
FLH7 |
|||
Under 16 years |
15.47 |
15.47 |
20.62 |
16 years |
18.56 |
18.56 |
24.74 |
17 years |
21.65 |
21.65 |
28.86 |
18 years |
24.74 |
24.74 |
32.98 |
19 years |
27.83 |
27.83 |
37.10 |
FLH8 |
|||
Under 16 years |
16.61 |
16.61 |
22.14 |
16 years |
19.94 |
19.94 |
26.58 |
17 years |
23.25 |
23.25 |
31.00 |
18 years |
26.58 |
26.58 |
35.44 |
19 years |
29.90 |
29.90 |
39.86 |
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3. |
2.3.3 Full-time and part-time junior station cooks—additional overtime rates
Junior weekly rate |
Work on 6 full days |
Work on 6 full days & 1 half day |
Work on 7 full days | |
% of junior weekly rate | ||||
100% |
3/22nds1 |
3/11ths1 |
9/22nds1 | |
$ |
$ |
$ |
$ | |
Station cook (FLH1) | ||||
Under 16 years |
336.35 |
45.87 |
91.73 |
137.60 |
16 years |
403.62 |
55.04 |
110.08 |
165.12 |
17 years |
470.89 |
64.21 |
128.42 |
192.64 |
18 years |
538.16 |
73.39 |
146.77 |
220.16 |
19 years |
605.43 |
82.56 |
165.12 |
247.68 |
1Amount per week paid in addition to the minimum weekly rate, in accordance with clause 26.3.
|
2.3.4 Casual farm and livestock hand junior employees—ordinary and penalty rates
Junior weekly rate |
Ordinary hours |
Public holiday | |
% of junior hourly rate | |||
|
125% |
225% | |
$ |
$ |
$ | |
FLH1 |
|||
Under 16 years |
336.35 |
11.06 |
19.91 |
16 years |
403.62 |
13.28 |
23.90 |
17 years |
470.89 |
15.49 |
27.88 |
18 years |
538.16 |
17.70 |
31.86 |
19 years |
605.43 |
19.91 |
35.84 |
FLH2 |
|||
Under 16 years |
346.05 |
11.39 |
20.50 |
16 years |
415.26 |
13.66 |
24.59 |
17 years |
484.47 |
15.94 |
28.69 |
18 years |
553.68 |
18.21 |
32.78 |
19 years |
622.89 |
20.49 |
36.88 |
FLH3 |
|||
Under 16 years |
351.00 |
11.55 |
20.79 |
16 years |
421.20 |
13.85 |
24.93 |
17 years |
491.40 |
16.16 |
29.09 |
18 years |
561.60 |
18.48 |
33.26 |
19 years |
631.80 |
20.79 |
37.42 |
FLH4 |
|||
Under 16 years |
359.30 |
11.83 |
21.29 |
16 years |
431.16 |
14.19 |
25.54 |
17 years |
503.02 |
16.55 |
29.79 |
18 years |
574.88 |
18.91 |
34.04 |
19 years |
646.74 |
21.28 |
38.30 |
FLH5 |
|||
Under 16 years |
365.75 |
12.04 |
21.67 |
16 years |
438.90 |
14.44 |
25.99 |
17 years |
512.05 |
16.85 |
30.33 |
18 years |
585.20 |
19.25 |
34.65 |
19 years |
658.35 |
21.66 |
38.99 |
FLH6 |
|||
Under 16 years |
371.65 |
12.23 |
22.01 |
16 years |
445.98 |
14.68 |
26.42 |
17 years |
520.31 |
17.11 |
30.80 |
18 years |
594.64 |
19.56 |
35.21 |
19 years |
668.97 |
22.00 |
39.60 |
FLH7 |
|||
Under 16 years |
391.65 |
12.89 |
23.20 |
16 years |
469.98 |
15.46 |
27.83 |
17 years |
548.31 |
18.04 |
32.47 |
18 years |
626.64 |
20.61 |
37.10 |
19 years |
704.97 |
23.19 |
41.74 |
FLH8 |
|||
Under 16 years |
420.75 |
13.84 |
24.91 |
16 years |
504.90 |
16.61 |
29.90 |
17 years |
589.05 |
19.38 |
34.88 |
18 years |
673.20 |
22.15 |
39.87 |
19 years |
757.35 |
24.91 |
44.84 |
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3. |
2.4 Pig Breeding and Raising—Piggery attendant employees
2.4.1 Full-time and part-time piggery attendant adult employees (all employees including shiftworkers)—ordinary and penalty rates
Ordinary hours |
Saturday |
Public holiday | |
% of ordinary hourly rate | |||
|
100% |
150% |
250% |
$ |
$ |
$ | |
PA1 |
17.70 |
26.55 |
44.25 |
PA2 |
18.20 |
27.30 |
45.50 |
PA3 |
18.91 |
28.37 |
47.28 |
PA4 |
19.56 |
29.34 |
48.90 |
PA5 |
20.07 |
30.11 |
50.18 |
PA6 |
20.61 |
30.92 |
51.53 |
PA7 |
21.26 |
31.89 |
53.15 |
2.4.2 Full-time and part-time piggery attendant adult employees—shiftworkers—ordinary and penalty rates
Afternoon or night shift1 |
Non-continuous afternoon or night shift2 |
Permanent night shift |
Saturday |
Sunday3 |
Public holiday | ||
first 3 hours |
after 3 hours | ||||||
% of ordinary hourly rate | |||||||
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
115% |
150% |
200% |
130% |
150% |
200% |
200% | |
PA1 |
20.36 |
26.55 |
35.40 |
23.01 |
26.55 |
35.40 |
35.40 |
PA2 |
20.93 |
27.30 |
36.40 |
23.66 |
27.30 |
36.40 |
36.40 |
PA3 |
21.75 |
28.37 |
37.82 |
24.58 |
28.37 |
37.82 |
37.82 |
PA4 |
22.49 |
29.34 |
39.12 |
25.43 |
29.34 |
39.12 |
39.12 |
PA5 |
23.08 |
30.11 |
40.14 |
26.09 |
30.11 |
40.14 |
40.14 |
PA6 |
23.70 |
30.92 |
41.22 |
26.79 |
30.92 |
41.22 |
41.22 |
PA7 |
24.45 |
31.89 |
42.52 |
27.64 |
31.89 |
42.52 |
42.52 |
1Afternoon and night shift are defined in clause 31.1.
|
2.4.3 Full-time and part-time piggery attendant adult employees (all employees including shiftworkers)—overtime rates
Ordinary hours |
Monday to Saturday |
Sunday | ||
First 2 hours |
After 2 hours | |||
% of ordinary hourly rate | ||||
|
100% |
150% |
200% |
200% |
$ |
$ |
$ | ||
PA1 |
17.70 |
26.55 |
35.40 |
35.40 |
PA2 |
18.20 |
27.30 |
36.40 |
36.40 |
PA3 |
18.91 |
28.37 |
37.82 |
37.82 |
PA4 |
19.56 |
29.34 |
39.12 |
39.12 |
PA5 |
20.07 |
30.11 |
40.14 |
40.14 |
PA6 |
20.61 |
30.92 |
41.22 |
41.22 |
PA7 |
21.26 |
31.89 |
42.52 |
42.52 |
2.4.4 Casual piggery attendant adult employees (all employees including shiftworkers)—ordinary and penalty rates
Ordinary hours |
Saturday |
Public holiday | |
% of ordinary hourly rate | |||
|
125% |
175% |
275% |
$ |
$ |
$ | |
PA1 |
22.13 |
30.98 |
48.68 |
PA2 |
22.75 |
31.85 |
50.05 |
PA3 |
23.64 |
33.09 |
52.00 |
PA4 |
24.45 |
34.23 |
53.79 |
PA5 |
25.09 |
35.12 |
55.19 |
PA6 |
25.76 |
36.07 |
56.68 |
PA7 |
26.58 |
37.21 |
58.47 |
2.4.5 Casual piggery attendant adult employees—shiftworkers—ordinary and penalty rates
Afternoon or night shift |
Non-continuous afternoon or night shift |
Permanent night shift |
Saturday |
Sunday |
Public holiday | ||
first 3 hours |
after 3 hours | ||||||
% of ordinary hourly rate | |||||||
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
140% |
175% |
225% |
155% |
175% |
225% |
225% | |
PA1 |
24.78 |
30.98 |
39.83 |
27.44 |
30.98 |
39.83 |
39.83 |
PA2 |
25.48 |
31.85 |
40.95 |
28.21 |
31.85 |
40.95 |
40.95 |
PA3 |
26.47 |
33.09 |
42.55 |
29.31 |
33.09 |
42.55 |
42.55 |
PA4 |
27.38 |
34.23 |
44.01 |
30.32 |
34.23 |
44.01 |
44.01 |
PA5 |
28.10 |
35.12 |
45.16 |
31.11 |
35.12 |
45.16 |
45.16 |
PA6 |
28.85 |
36.07 |
46.37 |
31.95 |
36.07 |
46.37 |
46.37 |
PA7 |
29.76 |
37.21 |
47.84 |
32.95 |
37.21 |
47.84 |
47.84 |
1Afternoon and night shift are defined in clause 31.1.
|
2.5 Pig Breeding and Raising—Piggery attendant junior employees
The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 29.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 29.1.
2.5.1 Full-time and part-time junior piggery attendant employees—ordinary and penalty rates
Junior hourly rate—ordinary hours |
Saturday |
Public holiday | |
% of junior hourly rate | |||
|
150% |
250% | |
$ |
$ |
$ | |
PA1 |
|||
Under 16 years |
8.85 |
13.28 |
22.13 |
16 years |
10.62 |
15.93 |
26.55 |
17 years |
12.39 |
18.59 |
30.98 |
18 years |
14.16 |
21.24 |
35.40 |
19 years |
15.93 |
23.90 |
39.83 |
PA2 |
|||
Under 16 years |
9.10 |
13.65 |
22.75 |
16 years |
10.92 |
16.38 |
27.30 |
17 years |
12.74 |
19.11 |
31.85 |
18 years |
14.56 |
21.84 |
36.40 |
19 years |
16.38 |
24.57 |
40.95 |
PA3 |
|||
Under 16 years |
9.46 |
14.19 |
23.65 |
16 years |
11.35 |
17.03 |
28.38 |
17 years |
13.24 |
19.86 |
33.10 |
18 years |
15.13 |
22.70 |
37.83 |
19 years |
17.02 |
25.53 |
42.55 |
PA4 |
|||
Under 16 years |
9.78 |
14.67 |
24.45 |
16 years |
11.74 |
17.61 |
29.35 |
17 years |
13.69 |
20.54 |
34.23 |
18 years |
15.65 |
23.48 |
39.13 |
19 years |
17.60 |
26.40 |
44.00 |
PA5 |
|||
Under 16 years |
10.04 |
15.06 |
25.10 |
16 years |
12.04 |
18.06 |
30.10 |
17 years |
14.05 |
21.08 |
35.13 |
18 years |
16.06 |
24.09 |
40.15 |
19 years |
18.06 |
27.09 |
45.15 |
PA6 |
|||
Under 16 years |
10.31 |
15.47 |
25.78 |
16 years |
12.37 |
18.56 |
30.93 |
17 years |
14.43 |
21.65 |
36.08 |
18 years |
16.49 |
24.74 |
41.23 |
19 years |
18.55 |
27.83 |
46.38 |
PA7 |
|||
Under 16 years |
10.63 |
15.95 |
26.58 |
16 years |
12.76 |
19.14 |
31.90 |
17 years |
14.88 |
22.32 |
37.20 |
18 years |
17.01 |
25.52 |
42.53 |
19 years |
19.13 |
28.70 |
47.83 |
2.5.2 Full-time and part-time piggery attendant junior employees—shiftworkers—ordinary and penalty rates
Afternoon or night shift1 |
Non-continuous afternoon or night shift2 |
Permanent night shift |
Saturday |
Sunday3 |
Public holiday | ||
first 3 hours |
after 3 hours | ||||||
% of junior hourly rate | |||||||
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
115% |
150% |
200% |
130% |
150% |
200% |
200% | |
PA1 |
|||||||
Under 16 years |
10.18 |
13.28 |
17.70 |
11.51 |
13.28 |
17.70 |
17.70 |
16 years |
12.21 |
15.93 |
21.24 |
13.81 |
15.93 |
21.24 |
21.24 |
17 years |
14.25 |
18.59 |
24.78 |
16.11 |
18.59 |
24.78 |
24.78 |
18 years |
16.28 |
21.24 |
28.32 |
18.41 |
21.24 |
28.32 |
28.32 |
19 years |
18.32 |
23.90 |
31.86 |
20.71 |
23.90 |
31.86 |
31.86 |
PA2 |
|||||||
Under 16 years |
10.47 |
13.65 |
18.20 |
11.83 |
13.65 |
18.20 |
18.20 |
16 years |
12.56 |
16.38 |
21.84 |
14.20 |
16.38 |
21.84 |
21.84 |
17 years |
14.65 |
19.11 |
25.48 |
16.56 |
19.11 |
25.48 |
25.48 |
18 years |
16.74 |
21.84 |
29.12 |
18.93 |
21.84 |
29.12 |
29.12 |
19 years |
18.84 |
24.57 |
32.76 |
21.29 |
24.57 |
32.76 |
32.76 |
PA3 |
|||||||
Under 16 years |
10.88 |
14.19 |
18.92 |
12.30 |
14.19 |
18.92 |
18.92 |
16 years |
13.05 |
17.03 |
22.70 |
14.76 |
17.03 |
22.70 |
22.70 |
17 years |
15.23 |
19.86 |
26.48 |
17.21 |
19.86 |
26.48 |
26.48 |
18 years |
17.40 |
22.70 |
30.26 |
19.67 |
22.70 |
30.26 |
30.26 |
19 years |
19.57 |
25.53 |
34.04 |
22.13 |
25.53 |
34.04 |
34.04 |
PA4 |
|||||||
Under 16 years |
11.25 |
14.67 |
19.56 |
12.71 |
14.67 |
19.56 |
19.56 |
16 years |
13.50 |
17.61 |
23.48 |
15.26 |
17.61 |
23.48 |
23.48 |
17 years |
15.74 |
20.54 |
27.38 |
17.80 |
20.54 |
27.38 |
27.38 |
18 years |
18.00 |
23.48 |
31.30 |
20.35 |
23.48 |
31.30 |
31.30 |
19 years |
20.24 |
26.40 |
35.20 |
22.88 |
26.40 |
35.20 |
35.20 |
PA5 |
|||||||
Under 16 years |
11.55 |
15.06 |
20.08 |
13.05 |
15.06 |
20.08 |
20.08 |
16 years |
13.85 |
18.06 |
24.08 |
15.65 |
18.06 |
24.08 |
24.08 |
17 years |
16.16 |
21.08 |
28.10 |
18.27 |
21.08 |
28.10 |
28.10 |
18 years |
18.47 |
24.09 |
32.12 |
20.88 |
24.09 |
32.12 |
32.12 |
19 years |
20.77 |
27.09 |
36.12 |
23.48 |
27.09 |
36.12 |
36.12 |
PA6 |
|||||||
Under 16 years |
11.86 |
15.47 |
20.62 |
13.40 |
15.47 |
20.62 |
20.62 |
16 years |
14.23 |
18.56 |
24.74 |
16.08 |
18.56 |
24.74 |
24.74 |
17 years |
16.59 |
21.65 |
28.86 |
18.76 |
21.65 |
28.86 |
28.86 |
18 years |
18.96 |
24.74 |
32.98 |
21.44 |
24.74 |
32.98 |
32.98 |
19 years |
21.33 |
27.83 |
37.10 |
24.12 |
27.83 |
37.10 |
37.10 |
PA7 |
|||||||
Under 16 years |
12.22 |
15.95 |
21.26 |
13.82 |
15.95 |
21.26 |
21.26 |
16 years |
14.67 |
19.14 |
25.52 |
16.59 |
19.14 |
25.52 |
25.52 |
17 years |
17.11 |
22.32 |
29.76 |
19.34 |
22.32 |
29.76 |
29.76 |
18 years |
19.56 |
25.52 |
34.02 |
22.11 |
25.52 |
34.02 |
34.02 |
19 years |
22.00 |
28.70 |
38.26 |
24.87 |
28.70 |
38.26 |
38.26 |
1Afternoon and night shift are defined in clause 31.1.
|
2.5.3 Full-time and part-time piggery attendant junior employees (all employees including shiftworkers)—overtime rates
Monday to Saturday |
Sunday | ||
First 2 hours |
After 2 hours | ||
% of junior hourly rate | |||
|
150% |
200% |
200% |
$ |
$ |
$ | |
PA1 |
|||
Under 16 years |
13.28 |
17.70 |
17.70 |
16 years |
15.93 |
21.24 |
21.24 |
17 years |
18.59 |
24.78 |
24.78 |
18 years |
21.24 |
28.32 |
28.32 |
19 years |
23.90 |
31.86 |
31.86 |
PA2 |
|||
Under 16 years |
13.65 |
18.20 |
18.20 |
16 years |
16.38 |
21.84 |
21.84 |
17 years |
19.11 |
25.48 |
25.48 |
18 years |
21.84 |
29.12 |
29.12 |
19 years |
24.57 |
32.76 |
32.76 |
PA3 |
|||
Under 16 years |
14.19 |
18.92 |
18.92 |
16 years |
17.03 |
22.70 |
22.70 |
17 years |
19.86 |
26.48 |
26.48 |
18 years |
22.70 |
30.26 |
30.26 |
19 years |
25.53 |
34.04 |
34.04 |
PA4 |
|||
Under 16 years |
14.67 |
19.56 |
19.56 |
16 years |
17.61 |
23.48 |
23.48 |
17 years |
20.54 |
27.38 |
27.38 |
18 years |
23.48 |
31.30 |
31.30 |
19 years |
26.40 |
35.20 |
35.20 |
PA5 |
|||
Under 16 years |
15.06 |
20.08 |
20.08 |
16 years |
18.06 |
24.08 |
24.08 |
17 years |
21.08 |
28.10 |
28.10 |
18 years |
24.09 |
32.12 |
32.12 |
19 years |
27.09 |
36.12 |
36.12 |
PA6 |
|||
Under 16 years |
15.47 |
20.62 |
20.62 |
16 years |
18.56 |
24.74 |
24.74 |
17 years |
21.65 |
28.86 |
28.86 |
18 years |
24.74 |
32.98 |
32.98 |
19 years |
27.83 |
37.10 |
37.10 |
PA7 |
|||
Under 16 years |
15.95 |
21.26 |
21.26 |
16 years |
19.14 |
25.52 |
25.52 |
17 years |
22.32 |
29.76 |
29.76 |
18 years |
25.52 |
34.02 |
34.02 |
19 years |
28.70 |
38.26 |
38.26 |
2.5.4 Casual piggery attendant junior employees (all employees including shiftworkers)—ordinary and penalty rates
Junior hourly rate—ordinary hours |
Saturday |
Public holiday | |
% of junior hourly rate | |||
|
125% |
175% |
275% |
$ |
$ |
$ | |
PA1 |
|||
Under 16 years |
11.06 |
15.49 |
24.34 |
16 years |
13.28 |
18.59 |
29.21 |
17 years |
15.49 |
21.68 |
34.07 |
18 years |
17.70 |
24.78 |
38.94 |
19 years |
19.91 |
27.88 |
43.81 |
PA2 |
|||
Under 16 years |
11.38 |
15.93 |
25.03 |
16 years |
13.65 |
19.11 |
30.03 |
17 years |
15.93 |
22.30 |
35.04 |
18 years |
18.20 |
25.48 |
40.04 |
19 years |
20.48 |
28.67 |
45.05 |
PA3 |
|||
Under 16 years |
11.83 |
16.56 |
26.02 |
16 years |
14.19 |
19.86 |
31.21 |
17 years |
16.55 |
23.17 |
36.41 |
18 years |
18.91 |
26.48 |
41.61 |
19 years |
21.28 |
29.79 |
46.81 |
PA4 |
|||
Under 16 years |
12.23 |
17.12 |
26.90 |
16 years |
14.68 |
20.55 |
32.29 |
17 years |
17.11 |
23.96 |
37.65 |
18 years |
19.56 |
27.39 |
43.04 |
19 years |
22.00 |
30.80 |
48.40 |
PA5 |
|||
Under 16 years |
12.55 |
17.57 |
27.61 |
16 years |
15.05 |
21.07 |
33.11 |
17 years |
17.56 |
24.59 |
38.64 |
18 years |
20.08 |
28.11 |
44.17 |
19 years |
22.58 |
31.61 |
49.67 |
PA6 |
|||
Under 16 years |
12.89 |
18.04 |
28.35 |
16 years |
15.46 |
21.65 |
34.02 |
17 years |
18.04 |
25.25 |
39.68 |
18 years |
20.61 |
28.86 |
45.35 |
19 years |
23.19 |
32.46 |
51.01 |
PA7 |
|||
Under 16 years |
13.29 |
18.60 |
29.23 |
16 years |
15.95 |
22.33 |
35.09 |
17 years |
18.60 |
26.04 |
40.92 |
18 years |
21.26 |
29.77 |
46.78 |
19 years |
23.91 |
33.48 |
52.61 |
2.5.5 Casual piggery attendant junior employees—shiftworkers—ordinary and penalty rates
Afternoon or night shift |
Non-continuous afternoon or night shift |
Permanent night shift |
Saturday |
Sunday |
Public holiday | ||
first 3 hours |
after 3 hours | ||||||
% of junior hourly rate | |||||||
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
140% |
175% |
225% |
155% |
175% |
225% |
225% | |
PA1 |
|||||||
Under 16 years |
12.39 |
15.49 |
19.91 |
13.72 |
15.49 |
19.91 |
19.91 |
16 years |
14.87 |
18.59 |
23.90 |
16.46 |
18.59 |
23.90 |
23.90 |
17 years |
17.35 |
21.68 |
27.88 |
19.20 |
21.68 |
27.88 |
27.88 |
18 years |
19.82 |
24.78 |
31.86 |
21.95 |
24.78 |
31.86 |
31.86 |
19 years |
22.30 |
27.88 |
35.84 |
24.69 |
27.88 |
35.84 |
35.84 |
PA2 |
|||||||
Under 16 years |
12.74 |
15.93 |
20.48 |
14.11 |
15.93 |
20.48 |
20.48 |
16 years |
15.29 |
19.11 |
24.57 |
16.93 |
19.11 |
24.57 |
24.57 |
17 years |
17.84 |
22.30 |
28.67 |
19.75 |
22.30 |
28.67 |
28.67 |
18 years |
20.38 |
25.48 |
32.76 |
22.57 |
25.48 |
32.76 |
32.76 |
19 years |
22.93 |
28.67 |
36.86 |
25.39 |
28.67 |
36.86 |
36.86 |
PA3 |
|||||||
Under 16 years |
13.24 |
16.56 |
21.29 |
14.66 |
16.56 |
21.29 |
21.29 |
16 years |
15.89 |
19.86 |
25.54 |
17.59 |
19.86 |
25.54 |
25.54 |
17 years |
18.54 |
23.17 |
29.79 |
20.52 |
23.17 |
29.79 |
29.79 |
18 years |
21.18 |
26.48 |
34.04 |
23.45 |
26.48 |
34.04 |
34.04 |
19 years |
23.83 |
29.79 |
38.30 |
26.38 |
29.79 |
38.30 |
38.30 |
PA4 |
|||||||
Under 16 years |
13.69 |
17.12 |
22.01 |
15.16 |
17.12 |
22.01 |
22.01 |
16 years |
16.44 |
20.55 |
26.42 |
18.20 |
20.55 |
26.42 |
26.42 |
17 years |
19.17 |
23.96 |
30.80 |
21.22 |
23.96 |
30.80 |
30.80 |
18 years |
21.91 |
27.39 |
35.21 |
24.26 |
27.39 |
35.21 |
35.21 |
19 years |
24.64 |
30.80 |
39.60 |
27.28 |
30.80 |
39.60 |
39.60 |
PA5 |
|||||||
Under 16 years |
14.06 |
17.57 |
22.59 |
15.56 |
17.57 |
22.59 |
22.59 |
16 years |
16.86 |
21.07 |
27.09 |
18.66 |
21.07 |
27.09 |
27.09 |
17 years |
19.67 |
24.59 |
31.61 |
21.78 |
24.59 |
31.61 |
31.61 |
18 years |
22.48 |
28.11 |
36.14 |
24.89 |
28.11 |
36.14 |
36.14 |
19 years |
25.28 |
31.61 |
40.64 |
27.99 |
31.61 |
40.64 |
40.64 |
PA6 |
|||||||
Under 16 years |
14.43 |
18.04 |
23.20 |
15.98 |
18.04 |
23.20 |
23.20 |
16 years |
17.32 |
21.65 |
27.83 |
19.17 |
21.65 |
27.83 |
27.83 |
17 years |
20.20 |
25.25 |
32.47 |
22.37 |
25.25 |
32.47 |
32.47 |
18 years |
23.09 |
28.86 |
37.10 |
25.56 |
28.86 |
37.10 |
37.10 |
19 years |
25.97 |
32.46 |
41.74 |
28.75 |
32.46 |
41.74 |
41.74 |
PA7 |
|||||||
Under 16 years |
14.88 |
18.60 |
23.92 |
16.48 |
18.60 |
23.92 |
23.92 |
16 years |
17.86 |
22.33 |
28.71 |
19.78 |
22.33 |
28.71 |
28.71 |
17 years |
20.83 |
26.04 |
33.48 |
23.06 |
26.04 |
33.48 |
33.48 |
18 years |
23.81 |
29.77 |
38.27 |
26.37 |
29.77 |
38.27 |
38.27 |
19 years |
26.78 |
33.48 |
43.04 |
29.65 |
33.48 |
43.04 |
43.04 |
1Afternoon and night shift are defined in clause 31.1.
|
2.6 Poultry Farming—poultry farm worker adult employees
2.6.1 Full-time and part-time poultry farm worker adult employees—ordinary and penalty rates
|
Ordinary hours |
Public holiday |
% of ordinary hourly rate | ||
|
$ |
$ |
100% |
200% | |
PW1 |
17.70 |
35.40 |
PW2 |
18.47 |
36.94 |
PW3 |
19.25 |
38.50 |
PW4 |
20.61 |
41.22 |
2.6.2 Full-time and part-time poultry farm worker adult employees—overtime rates
|
Ordinary hours |
Monday to Saturday |
Sunday |
Public holiday | |
Feeding or watering stock |
Other than feeding or watering stock | ||||
% of ordinary hourly rate | |||||
100% |
150% |
150% |
200% |
200% | |
$ |
$ |
$ |
$ |
$ | |
PW1 |
17.70 |
26.55 |
26.55 |
35.40 |
35.40 |
PW2 |
18.47 |
27.71 |
27.71 |
36.94 |
36.94 |
PW3 |
19.25 |
28.88 |
28.88 |
38.50 |
38.50 |
PW4 |
20.61 |
30.92 |
30.92 |
41.22 |
41.22 |
2.6.3 Casual poultry farm worker adult employees—ordinary and penalty rates
|
Ordinary hours |
Public holiday |
% of ordinary hourly rate | ||
|
$ |
$ |
125% |
225% | |
PW1 |
22.13 |
39.83 |
PW2 |
23.09 |
41.56 |
PW3 |
24.06 |
43.31 |
PW4 |
25.76 |
46.37 |
2.7 Poultry Farming—junior poultry farm worker employees
2.7.1 Junior employees
The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 36.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 36.1.
2.7.2 Full-time and part-time junior poultry farm worker employees—ordinary, penalty rates and overtime
Age |
Junior hourly rate |
Public holiday |
Overtime | ||
Monday to Saturday |
Sunday | ||||
Feeding or watering stock |
Other than feeding or watering stock | ||||
% of junior hourly rate | |||||
100% |
200% |
150% |
150% |
200% | |
$ |
$ |
$ |
$ |
$ | |
PW1 |
|||||
Under 16 years |
8.85 |
17.70 |
13.28 |
13.28 |
17.70 |
16 years |
10.62 |
21.24 |
15.93 |
15.93 |
21.24 |
17 years |
12.39 |
24.78 |
18.59 |
18.59 |
24.78 |
18 years |
14.16 |
28.32 |
21.24 |
21.24 |
28.32 |
19 years |
15.93 |
31.86 |
23.90 |
23.90 |
31.86 |
PW 2 |
|||||
Under 16 years |
9.24 |
18.48 |
13.86 |
13.86 |
18.48 |
16 years |
11.08 |
22.16 |
16.62 |
16.62 |
22.16 |
17 years |
12.93 |
25.86 |
19.40 |
19.40 |
25.86 |
18 years |
14.78 |
29.56 |
22.17 |
22.17 |
29.56 |
19 years |
16.62 |
33.24 |
24.93 |
24.93 |
33.24 |
PW 3 |
|||||
Under 16 years |
9.63 |
19.26 |
14.45 |
14.45 |
19.26 |
16 years |
11.55 |
23.10 |
17.33 |
17.33 |
23.10 |
17 years |
13.48 |
26.96 |
20.22 |
20.22 |
26.96 |
18 years |
15.40 |
30.80 |
23.10 |
23.10 |
30.80 |
19 years |
17.33 |
34.66 |
26.00 |
26.00 |
34.66 |
PW 4 |
|||||
Under 16 years |
10.31 |
20.62 |
15.47 |
15.47 |
20.62 |
16 years |
12.37 |
24.74 |
18.56 |
18.56 |
24.74 |
17 years |
14.43 |
28.86 |
21.65 |
21.65 |
28.86 |
18 years |
16.49 |
32.98 |
24.74 |
24.74 |
32.98 |
19 years |
18.55 |
37.10 |
27.83 |
27.83 |
37.10 |
2.7.3 Casual junior poultry farm worker employees—ordinary, penalty rates and overtime
Age |
Junior hourly rate |
Casual hourly rate |
Public holiday |
% of junior hourly rate | |||
100% |
125% |
225% | |
$ |
$ |
$ | |
PW1 |
|||
Under 16 years |
8.85 |
11.06 |
19.91 |
16 years |
10.62 |
13.28 |
23.90 |
17 years |
12.39 |
15.49 |
27.88 |
18 years |
14.16 |
17.70 |
31.86 |
19 years |
15.93 |
19.91 |
35.84 |
PW 2 |
|||
Under 16 years |
9.24 |
11.55 |
20.79 |
16 years |
11.08 |
13.85 |
24.93 |
17 years |
12.93 |
16.16 |
29.09 |
18 years |
14.78 |
18.48 |
33.26 |
19 years |
16.62 |
20.78 |
37.40 |
PW 3 |
|||
Under 16 years |
9.63 |
12.04 |
21.67 |
16 years |
11.55 |
14.44 |
25.99 |
17 years |
13.48 |
16.85 |
30.33 |
18 years |
15.40 |
19.25 |
34.65 |
19 years |
17.33 |
21.66 |
38.99 |
PW 4 |
|||
Under 16 years |
10.31 |
12.89 |
23.20 |
16 years |
12.37 |
15.46 |
27.83 |
17 years |
14.43 |
18.04 |
32.47 |
18 years |
16.49 |
20.61 |
37.10 |
19 years |
18.55 |
23.19 |
41.74 |
2.8 Shearing operations—Shearers
2.8.1 Casual Shearers—not found1—ordinary and penalty rates
Ordinary rates |
Public holiday | |||||||
not required to provide own stud combs |
required to provide own stud combs |
not required to provide own stud combs |
required to provide own stud combs | |||||
Machine shearing |
Hand shearing |
Machine shearing |
Hand shearing |
Machine shearing |
Hand shearing |
Machine shearing |
Hand shearing | |
100%2 |
107.5% |
125% |
132.5% |
200% |
207.5% |
225% |
232.5% | |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ | |
Other than double fleeced sheep | ||||||||
Flock sheep (wethers, ewes and lambs) |
293.31 |
315.31 |
366.64 |
388.64 |
586.62 |
608.62 |
659.95 |
681.95 |
Rams (other than special stud rams) and ram stags |
586.62 |
630.62 |
733.28 |
777.27 |
1,173.24 |
1,217.24 |
1,319.90 |
1,363.89 |
Stud ewes and their lambs |
366.64 |
394.14 |
458.30 |
485.80 |
733.28 |
760.78 |
824.94 |
852.44 |
Special studs |
As agreed | |||||||
Double fleeced sheep (Rate per 100 + 33.33%) | ||||||||
Flock sheep (wethers, ewes and lambs) |
391.07 |
420.40 |
488.84 |
518.17 |
782.14 |
811.47 |
879.91 |
909.24 |
Rams (other than special stud rams) and ram stags |
782.14 |
840.80 |
977.68 |
1,036.34 |
1,564.28 |
1,622.94 |
1,759.82 |
1,818.48 |
Stud ewes and their lambs |
488.84 |
525.50 |
611.05 |
647.71 |
977.68 |
1,014.34 |
1,099.89 |
1,136.55 |
Special studs |
As agreed | |||||||
1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2
|
2.8.2 Casual Crutchers—not found1—ordinary and penalty rates
Ordinary rates |
Public holiday | ||||||||
Flock sheep |
Stud ewes and lambs |
Flock sheep |
Stud ewes and lambs | ||||||
At sheds |
Other than at sheds |
At sheds |
Other than at sheds |
At sheds |
Other than at sheds |
At sheds |
Other than at sheds | ||
100%2 |
100%2 |
125% |
125% |
200% |
200% |
200% |
200% | ||
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ | ||
Full crutching |
67.46 |
58.66 |
84.33 |
73.33 |
134.92 |
117.32 |
168.66 |
146.66 | |
All other crutching |
32.26 |
32.26 |
40.33 |
40.33 |
64.52 |
64.52 |
80.66 |
80.66 | |
Wigging or ringing |
52.80 |
52.80 |
66.00 |
66.00 |
105.60 |
105.60 |
132.00 |
132.00 | |
Wigging and ringing |
67.46 |
58.66 |
84.33 |
73.33 |
134.92 |
117.32 |
168.66 |
146.66 | |
For either wigging or ringing in addition to crutching (Crutching rate + $8.80) | |||||||||
Full crutching |
93.49 |
81.76 |
116.86 |
102.20 |
186.98 |
163.52 |
233.72 |
204.40 | |
All other crutching |
75.89 |
67.09 |
94.86 |
83.86 |
151.78 |
134.18 |
189.72 |
167.72 | |
For wigging and ringing in addition to crutching (crutching rate + $8.80) | |||||||||
Full crutching |
99.12 |
87.39 |
123.90 |
109.24 |
198.24 |
174.78 |
247.80 |
218.48 | |
All other crutching |
81.52 |
72.72 |
101.90 |
90.90 |
163.04 |
145.44 |
203.80 |
181.80 | |
For cleaning the belly of any ewe above the teats (no more than two blows of the machine or shears) (Crutching rate + $7.33) | |||||||||
Full crutching |
92.09 |
80.36 |
115.11 |
100.45 |
184.18 |
160.72 |
230.22 |
200.90 | |
All other crutching |
74.49 |
65.69 |
93.11 |
82.11 |
148.98 |
131.38 |
186.22 |
164.22 | |
1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2.
|
2.8.3 Casual adult Sshed hands—not found1—ordinary, penalty rates and overtime
Ordinary rates |
Penalty rate |
Overtime | |||
weekly rate |
Per run2 |
Public holiday |
Per run2 |
Public holiday | |
Per run2 |
Per run2 | ||||
100% |
100% |
200% |
150% |
200% | |
$ |
$ |
$ |
$ |
$ | |
Less than 65 work days |
1,051.33 |
52.57 |
105.14 |
78.86 |
105.14 |
65 days or more |
1,105.65 |
55.28 |
110.56 |
82.92 |
110.56 |
1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2.
|
2.8.4 Casual Woolpressers—not found1—ordinary and penalty rates
Piecework |
Timework | ||||||||||
by hand |
by power |
Weighing & branding bales |
Public holiday |
Public holiday | |||||||
by hand |
by power | ||||||||||
per bale |
per kilo |
per bale |
per kilo |
per bale |
per kilo |
per bale |
per kilo |
per run2 |
per run2 | ||
200% |
200% |
200% |
200% |
200% | |||||||
Woolpresser |
17.61 |
0.1156 |
11.74 |
0.0770 |
0.39 |
35.22 |
0.23 |
23.48 |
0.15 |
58.46 |
116.92 |
1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2.
|
2.8.5 Casual Shearing cooks—ordinary and penalty rates
Full day |
Half day | |||
Per found employee per day |
Minimum amount per day |
Per found employee per half day |
Minimum amount per half day | |
100% |
100% |
50% of per found employee per day rate |
50% of minimum amount per day rate | |
Shearing cook |
18.34 |
238.48 |
9.17 |
119.24 |
2.8.6 Casual Woolclassers—ordinary and penalty rates
Timework |
Piecework - per 1000 | ||||||
Public holiday | |||||||
Ordinary weekly rate |
Ordinary hours |
Public holiday |
Sheep and/or lambs |
Rams and/or ram stags |
Sheep and/or lambs |
Rams and/or ram stags | |
100% |
100% |
200% |
100% |
200% |
200% |
400% | |
$ |
$ |
$ |
$ |
$ |
$ |
$ | |
Shearing shed expert level 1 |
1,109.07 |
29.19 |
58.38 |
NA |
NA |
NA |
NA |
Shearing shed expert level 2 |
1,232.30 |
32.43 |
64.86 |
NA |
NA |
NA |
NA |
Woolclasser level 1 |
1,232.30 |
32.43 |
NA |
332.36 |
664.73 |
664.73 |
1,329.45 |
Woolclasser level 2 |
1,329.45 |
34.99 |
NA | ||||
Woolclasser level 3 |
1,392.60 |
36.65 |
NA |
Schedule C—Summary of Monetary Allowances
See clauses 10, 24, 25, 32, 40, 41 and Schedule A for full details of allowances payable under this award.
The following wage-related allowances are based on the standard rate as defined in Schedule G as the hourly rate payable to a Farm and livestock hand level 2 = $18.21. These rates are to be paid in accordance with clauses 10.1, 25.3, 40.9 and 41.1.
Allowance |
Clause |
$ per week unless stated otherwise | |
General Employment Conditions | |||
Leading hand, in charge of1: |
|||
2 to 6 employees |
115.0 |
20.94 | |
7 to 10 employees |
134.0 |
24.40 | |
11 to 20 employees |
191.0 |
34.78 | |
More than 20 employees |
240.0 |
43.70 | |
First aid allowance2 |
14.0 |
2.55 per day | |
Broadacre Farming and Livestock Operations | |||
Station hand—jetting, spraying, swabbing sheep |
17.0 |
3.10 per day | |
Shearing Operations | |||
Lack of amenities allowance |
51.5 |
9.38 per day | |
Conditions allowance |
602.3 |
109.68 | |
Enterprise flexibility allowance |
853.8 |
155.48 | |
Woolrolling allowance |
426.8 |
77.72 | |
Bookkeeping allowance |
277.5 |
50.53 | |
Allowance where sleeping quarters not provided—to pay for sleeping quarters |
259.4 |
47.24 per night | |
Allowance where sleeping quarters not provided—travel time in excess of one hour per day, between shed and sleeping quarters |
85.6 |
15.59 per hour | |
Allowance where sleeping quarters not provided— travelling allowance (more than 65 km distance from shed)—Shearers (or Crutchers) only |
77.0 |
14.02 per day | |
1, 2 These allowances are payable for all purposes. |
3.1.1 Adjustment of wage related allowances
Wage related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.
3.2 Expense related allowances
3.2.1 The following expense-related allowances will be payable to employees and adjusted in accordance with clause C.2.2:
Allowance |
Clause |
$ |
General Employment Conditions | ||
Use of vehicle allowance |
0.78 per km | |
Meal allowance—overtime of more than one and a half hours |
12.93 per meal | |
Meal allowance—overtime of more than two hours without required notice |
12.93 per meal | |
Broadacre Farming and Livestock Operations | ||
With Keep deduction |
122.53 per week | |
Station hand—to find own horse |
7.11 per week | |
Station hand—to find own saddle |
5.68 per week | |
Pig Breeding and Raising | ||
Meal allowance—overtime of more than one and a half hours |
12.93 per meal | |
Meal allowance—unplanned overtime of more than two hours |
12.93 per meal | |
Shearing Operations | ||
Shearers—shearing industry allowance |
212.60 per week | |
Shearers—rations |
57.55 per week | |
Shearers—combs/cutters allowance |
101.77 per week | |
Shearers—handpiece payment |
23.01 per week | |
Shed hands—shearing industry allowance |
212.60 per week | |
Shed hands—rations |
57.55 per week | |
Woolpressers—shearing industry allowance |
212.60 per week | |
Woolpressers—rations |
57.55 per week | |
Shearing cooks—69.58% of shearing industry allowance |
147.93 per week | |
Allowance where sleeping quarters not provided— vehicle allowance—all employees |
0.78 per km | |
Fares and travelling allowances for expeditionary employees—motor vehicle expenses |
0.78 per km | |
Fares and travelling allowances for expeditionary employees—expenses other than fares, per day |
69.68 per day | |
Expenses other than fares—per hour rate |
2.90 per hour |
3.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
Allowance |
Applicable Consumer Price Index figure |
Allowance for combs/cutters |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
Meal allowance |
Take away and fast foods sub-group |
Payment for handpiece |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
Rations |
Take away and fast foods sub-group |
Shearing industry allowance |
All groups |
Special allowance (horse and saddle allowance) |
All groups |
Travelling allowance |
Domestic holiday travel and accommodation sub-group |
Vehicle allowance |
Private motoring sub-group |
With keep rate |
All groups |
3.2.3 Other allowances— Shearing Operations:
Allowance |
Clause |
$ |
Crutching (other than at sheds)—lack of amenities1 |
9.38 per day | |
Woolpressers—weighing and branding bales |
0.39 per bale | |
Woolclassers and Shearing shed experts: |
||
Conditions allowance |
109.68 per week | |
Enterprise flexibility (including hours) and wet weather allowance |
155.48 per week | |
Woolrolling and other |
77.72 per week | |
Bookkeeping, overseeing, experting allowance |
50.53 per week | |
Breakdown of machinery— allowance for delays and termination of agreements—not found employees2 |
171.70 per day | |
Breakdown of machinery— allowance for delays and termination of agreements—found employees2 |
141.85 per day | |
1 See clause A.2 for method of adjustment
|
Schedule D—Supported Wage System
4.1 This schedule 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.
4.2 In this schedule:
approved 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
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
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 the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
4.3 Eligibility criteria
4.3.1 Employees covered by this schedule 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 for receipt of a disability support pension.
4.3.2 This schedule 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.
4.4 Supported wage rates
4.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause D.5)
|
Relevant minimum wage
|
10 |
10 |
20 |
20 |
30 |
30 |
40 |
40 |
50 |
50 |
60 |
60 |
70 |
70 |
80 |
80 |
90 |
90 |
4.4.2 Provided that the minimum amount payable must be not less than $81 per week.
4.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
4.5 Assessment of capacity
4.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
4.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
4.6 Lodgement of SWS wage assessment agreement
4.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
4.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
4.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
4.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
4.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must 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.
4.10 Trial period
4.10.1 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 schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
4.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
4.10.3 The minimum amount payable to the employee during the trial period must be no less than $81 per week.
4.10.4 Work trials should include induction or training as appropriate to the job being trialled.
4.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—National Training Wage
5.1 Title
This is the National Training Wage Schedule.
5.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
Year 10 includes any year before Year 10
5.3 Coverage
5.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by clause E.7 to this schedule or by clause E.5.4 of this schedule.
5.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.7 to this schedule.
5.3.3 This schedule does not apply to:
(a) the apprenticeship system;
(b) qualifications not identified in training packages; or
(c) qualifications in training packages which are not identified as appropriate for a traineeship.
Parties are asked to identify “any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997” that they consider should not be covered by this Schedule. |
5.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
5.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
5.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
5.4 Types of Traineeship
The following types of traineeship are available under this schedule:
5.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
5.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
5.5 Minimum Wages
5.5.1 Minimum wages for full-time traineeships
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7.1 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per week |
per week |
per week | |
$ |
$ |
$ | |
School leaver |
295.10 |
325.00 |
387.20 |
Plus 1 year out of school |
325.00 |
387.20 |
450.60 |
Plus 2 years out of school |
387.20 |
450.60 |
524.40 |
Plus 3 years out of school |
450.60 |
524.40 |
600.40 |
Plus 4 years out of school |
524.40 |
600.40 |
|
Plus 5 or more years out of school |
600.40 |
(b) Wage Level B
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7.2 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per week |
Per week |
per week | |
$ |
$ |
$ | |
School leaver |
295.10 |
325.00 |
376.80 |
Plus 1 year out of school |
325.00 |
376.80 |
433.40 |
Plus 2 years out of school |
376.80 |
433.40 |
508.20 |
Plus 3 years out of school |
433.40 |
508.20 |
579.70 |
Plus 4 years out of school |
508.20 |
579.70 |
|
Plus 5 or more years out of school |
579.70 |
(c) Wage Level C
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7.3 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per week |
per week |
per week | |
$ |
$ |
$ | |
School leaver |
295.10 |
325.00 |
376.80 |
Plus 1 year out of school |
325.00 |
376.80 |
424.10 |
Plus 2 years out of school |
376.80 |
424.10 |
473.80 |
Plus 3 years out of school |
424.10 |
473.80 |
527.90 |
Plus 4 years out of school |
473.80 |
527.90 |
|
Plus 5 or more years out of school |
527.90 |
(d) AQF Certificate Level IV traineeships
(i) Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
per week |
per week | |
$ |
$ | |
Wage Level A |
623.50 |
647.70 |
Wage Level B |
601.60 |
624.70 |
Wage Level C |
547.50 |
568.20 |
5.5.2 Minimum wages for part-time traineeships
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7.1 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per hour |
per hour |
per hour | |
$ |
$ |
$ | |
School leaver |
9.71 |
10.70 |
12.74 |
Plus 1 year out of school |
10.70 |
12.74 |
14.83 |
Plus 2 years out of school |
12.74 |
14.83 |
17.25 |
Plus 3 years out of school |
14.83 |
17.25 |
19.74 |
Plus 4 years out of school |
17.25 |
19.74 |
|
Plus 5 or more years out of school |
19.74 |
(b) Wage Level B
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7.2 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per hour |
per hour |
per hour | |
$ |
$ |
$ | |
School leaver |
9.71 |
10.70 |
12.40 |
Plus 1 year out of school |
10.70 |
12.40 |
14.26 |
Plus 2 years out of school |
12.40 |
14.26 |
16.73 |
Plus 3 years out of school |
14.26 |
16.73 |
19.08 |
Plus 4 years out of school |
16.73 |
19.08 |
|
Plus 5 or more years out of school |
19.08 |
(c) Wage Level C
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7.3 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per hour |
per hour |
per hour | |
$ |
$ |
$ | |
School leaver |
9.71 |
10.70 |
12.40 |
Plus 1 year out of school |
10.70 |
12.40 |
13.95 |
Plus 2 years out of school |
12.40 |
13.95 |
15.58 |
Plus 3 years out of school |
13.95 |
15.58 |
17.36 |
Plus 4 years out of school |
15.58 |
17.36 |
|
Plus 5 or more years out of school |
17.36 |
(d) School-based traineeships
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by clause E.7 are as follows when the trainee works ordinary hours:
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
5.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
5.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause E.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
5.6 Employment conditions
5.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
5.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
5.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause E.5.2(f)(ii) and not by this clause.
5.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
5.7 Allocation of Traineeships to Wage Levels
Parties are asked to review the packages listed to ensure the lists are complete and up-to-date. |
The wage levels applying to training packages and their AQF certificate levels are:
Training package |
AQF certificate level |
Aeroskills |
II |
Aviation |
I, II, III |
Beauty |
III |
Business Services |
I, II, III |
Chemical, Hydrocarbons and Refining |
I, II, III |
Civil Construction |
III |
Coal Training Package |
II, III |
Community Services |
II, III |
Construction, Plumbing and Services Integrated Framework |
I, II, III |
Correctional Services |
II, III |
Drilling |
II, III |
Electricity Supply Industry—Generation Sector |
II, III |
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
Electrotechnology |
I, II, III |
Financial Services |
I, II, III |
Floristry |
III |
Food Processing Industry |
III |
Gas Industry |
III |
Information and Communications Technology |
I, II, III |
Laboratory Operations |
II, III |
Local Government (other than Operational Works Cert I and II) |
I, II, III |
Manufactured Mineral Products |
III |
Manufacturing |
I, II, III |
Maritime |
I, II, III |
Metal and Engineering (Technical) |
II, III |
Metalliferous Mining |
II, III |
Museum, Library and Library/Information Services |
II, III |
Plastics, Rubber and Cablemaking |
III |
Public Safety |
III |
Public Sector |
II, III |
Pulp and Paper Manufacturing Industries |
III |
Retail Services (including wholesale and Community pharmacy) |
III |
Telecommunications |
II, III |
Textiles, Clothing and Footwear |
III |
Tourism, Hospitality and Events |
I, II, III |
Training and Assessment |
III |
Transport and Logistics |
III |
Water Industry (Utilities) |
5.7.2 Wage Level B
Training package |
AQF certificate level |
Animal Care and Management |
I, II, III |
Asset Maintenance |
I, II, III |
Australian Meat Industry |
I, II, III |
Automotive Industry Manufacturing |
II, III |
Automotive Industry Retail, Service and Repair |
I, II, III |
Beauty |
II |
Caravan Industry |
II, III |
Civil Construction |
I |
Community Recreation Industry |
III |
Entertainment |
I, II, III |
Extractive Industries |
II, III |
Fitness Industry |
III |
Floristry |
II |
Food Processing Industry |
I, II |
Forest and Forest Products Industry |
I, II, III |
Furnishing |
I, II, III |
Gas Industry |
I, II |
Health |
II, III |
Local Government (Operational Works) |
I, II |
Manufactured Mineral Products |
I, II |
Metal and Engineering (Production) |
II, III |
Outdoor Recreation Industry |
I, II, III |
Plastics, Rubber and Cablemaking |
II |
Printing and Graphic Arts |
II, III |
Property Services |
I, II, III |
Public Safety |
I, II |
Pulp and Paper Manufacturing Industries |
I, II |
Retail Services |
I, II |
Screen and Media |
I, II, III |
Sport Industry |
II, III |
Sugar Milling |
I, II, III |
Textiles, Clothing and Footwear |
I, II |
Transport and Logistics |
II |
Visual Arts, Craft and Design |
I, II, III |
Water Industry |
5.7.3 Wage Level C
Training package |
AQF certificate level |
Agri-Food |
I |
Amenity Horticulture |
I, II, III |
Conservation and Land Management |
I, II, III |
Funeral Services |
I, II, III |
Music |
I, II, III |
Racing Industry |
I, II, III |
Rural Production |
I, II, III |
Seafood Industry |
I, II, III |
Schedule F—20156 Part-day Public Holidays
The part-day public holidays schedule may be affected by AM2014/301 |
This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
6.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 20156) or New Year’s Eve (31 December 20156) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work, they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight, but as a result of having a rostered day off (RDO) provided under this award, does not work, the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause F.1(f) applies, where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday, they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight, other than an employee who has exercised their right in accordance with clause F.1(a), will not be entitled to another day off, another day’s pay or another day of annual leave as a result of the part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.
Schedule G—Definitions and interpretation
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 10.1(a))
broadacre field crops means grains, seeds, grasses, silage, legumes, fibre, flowers, and other crops grown as part of a broadacre mixed farming enterprise
broadacre mixed farming enterprise:
● means a farming enterprise consisting of the growing of broadacre field crops as defined;
● includes the rearing, management, and grazing of livestock;
● means a farming enterprise which combines both; or
● means a farming enterprise which in addition to any of the above grows other crops, for the purposes of crop rotation or the rearing, management, and grazing of livestock as part of a mixed farming enterprise
casual pieceworker means a Shearer, Crutcher or Woolpresser engaged as a casual employee and paid the piecework rates prescribed by this award
continuous service is not broken when an employee:
● takes up to 152 ordinary working hours’ leave because of sickness or accident in a 12 month period (i.e. paid sick leave and/or workers compensation leave);
● takes long service leave, annual leave, public holidays, paid bereavement leave and jury service; or
● has their service interrupted or terminated by an employer whose intentions are to avoid their obligations under this award
crutching includes all the operations for which rates are prescribed in this award. The meanings of the words crutch, Crutcher and crutched are similarly extended.
cut out means the completion of the shearing or crutching of the last sheep shorn or crutched at the termination of the shed
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
double-fleeced means a sheep carrying two years’ fleece
employee means national system employee within the meaning of the Act
employer means national system employer within the meaning of the Act
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
expeditionary employee means a woolclasser or Shearing shed expert who commences on the day as agreed for commencing shearing and resides on the property for the duration of the shearing. Expeditionary employees are entitled to free board and lodging.
experience in the industry means all and any experience in the industry as described in clause 3.2 of this award
farm and livestock hand means an employee performing the work described in the classifications which apply to such work in Part 5—Broadacre Farming and Livestock Operations of this award and who is not a piggery attendant, poultry worker or any employee classified under Part 8—Shearing Operations
found employees are employees who are supplied with up to five meals per day during the course of shearing or crutching; such meals are to be provided by the employer together with suitable accommodation
keep is where an employee farm and livestock hand is employed on the ‘with keep’ rate as prescribed in this award, ‘keep’ will mean good and sufficient living accommodation and good and sufficient rations of sufficient quantity; sound, well-cooked and properly served by the cook or the cook’s offsider; but it will not include accommodation under a roof or cooking when circumstances render such accommodation or cooking impracticable
livestock means all animals used in primary production including insects
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clauses 24, 29, 36 and 40 plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes
piggery attendant means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of pigs, and who performs duties described in the classifications in Part 6—Pig Breeding and Raising of this award
poultry worker means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of poultry, and who performs duties described in the classifications in Part 7—Poultry Farming of this award
ram stags are rams that have been castrated when they are 18 months or older
rams are male sheep that are more than six months old
shearing is where:
● the employee takes off the belly wool first and lays it aside, and, when required by the employer, the employee shears over the tail when shearing the first side; and
● in opening the fleece at the neck and belly, the machine or both blades of the shears will be kept under the wool and close to the skin, so as to avoid twice cutting and where the employee does not run the machine or shears through the fleece so as to break it down the centre or the back
shearing cook means an employee who cooks for six or more employees who are engaged for shearing or crutching operations
shearing shed expert or expert means an employee who is competent to perform experting duties at a shearing shed as described in clause 39.8 in accordance with the requirements of the employer or a representative (such requirements to be specified at the time of engagement)
shed means shearing shed or, in relation to crutching work performed other than at a shed, the property, station or location where crutching work is or will be undertaken
silviculture and afforestation means planting, pruning, fertilising and any other activity in or in connection with the establishment or cultivation of trees in forests
standard rate means the hourly rate payable to a farm and livestock hand level 2 in clause 24.1
station cook means an employee who cooks for station hands and/or other station personnel
stud ewes are ewes with tags in their ears from which rams are bred for sale or station use. The term does not include ewes of the flock which have tags in their ears for the purpose of identification other than for stud purposes.
wet place means a place where the clothing of the employee becomes wet or a place where the employee has to stand in water or slush so that the employee’s footwear becomes saturated.
wine industry means the industry of growing and processing wine grapes and includes:
(d) the preparation of land for the planting of wine grape vines, the pruning of wine grape vines, the care, growing, treating, picking, harvesting and forwarding of wine grapes and other activities associated with a wine grape vineyard; and/or
(e) processing wine grapes, producing wine juice or grape spirit, the bottling, packaging, storage or dispatch of wine, brandy or other potable spirit, liqueurs, vinegar or grape juice and other activities associated with a winery or wine distillery including but not limited to cellar door sales, laboratory activities and making or repairing barrels, vats, casks and like articles; and/or
(f) packaging, storing and dispatching of wine or grape spirit from a warehouse facility or other place of storage associated with a winery or wine distillery.
woolclasser means a person who is registered as such and who is employed in or in conjunction with a shearing operation. A woolclasser who performs the additional duty of Sshearing shed experting at the one shearing will, for the purposes of this award, be deemed to be employed as a woolclasser and not as an expert.
woolpresser means a person who presses wool shorn or crutched; weighs, brands and stores the wool; presses and closes the bales; and performs additional duties as directed
SUMMARY OF SUBMISSIONS
This table is a summary of submissions lodged for this award on or before 5.00 pm on 22 July 2016
NOTE: This award has been the subject of a separately constituted Full Bench, see decisions [2015] FWCFB 8810 and [2016] FWCFB 4393
Amended as at 22 July 2016 to incorporate feedback from the parties.
The items in this summary have been divided into three sections according to their status as follows:
Section |
Status |
Items |
Total no. of items |
1. |
3, 4, 9, 10, 11, 13, 18, 26, 30, 33, 41, 42, 45, 49, 51, 54, 55, 58, 59, 60, 62, 64, 65, 66, 84, 86, 95, 101, 102, 103, 104, 106, 107, 108, 109, 111, 116, 118 |
38 | |
2. |
12, 14, 15, 16, 17, 19, 20, 21, 24, 25, 27, 28, 29, 31, 34, 37, 39, 40, 43, 44, 46, 48, 50, 53, 56, 57, 61, 68, 70, 72, 77, 78, 79, 80, 81, 82, 83, 85, 87, 88, 89, 90, 91, 92, 93, 94, 96, 98, 99, 100, 110, 112, 114, 117 |
55 | |
3. |
F = determined by or before another Full Bench/W = withdrawn |
1, 2, 5, 6, 7, 22, 23, 32, 35, 36, 38, 47, 52, 63, 67, 69, 71, 73, 74, 75, 76, 97, 105, 113, 115, 119 |
26 |
Item |
Party |
Document |
CLAUSE (exposure draft) |
CLAUSE (current award) |
SUMMARY OF ISSUE |
Their reference |
Notes |
Status |
3. |
BusSA |
3.3 |
3 |
Para 11.1.1 |
See also item 4 & 116 ED amended as per transcript [PN127–163]. The Commission will prepare a document comparing the current coverage clause with the coverage clauses in the other agricultural awards to clearly identify any differences. |
D | ||
NFF |
Discussion in relation to other agricultural awards has canvassed an approach whereby the definition of ‘wine industry’ in the Wine Industry Award would be adopted by cross-reference in those awards where it is used to delineate coverage between the two awards. |
|||||||
4. |
BusSA |
3.3 |
3 |
Coverage - Definition of Wine Industry Parties asked whether wine industry should be defined by reference to the Wine Industry Award or by reference to definition in Schedule G? Supports definition of wine industry according to the Wine Industry Award 2016 – most appropriate mechanism to ensure the definition remains current. |
Para 11.2.1 |
See also item 3 & 116 ED amended as per transcript [PN127–163] The Commission will prepare a document comparing the current coverage clause with the coverage clauses in the other agricultural awards to clearly identify any differences. |
D | |
AWU |
Subject to not disturbing existing coverage arrangements, consideration could be given to linking the exclusions specifically to the coverage of other relevant awards – reflecting approach taken in cl.4.2 of the Building and Construction General On-site Award 2010. [Example provided in submission.] |
Para 4 | ||||||
Relies on Sub -17/04/2016, potentially better approach to draft the exclusion from coverage including for the wine industry. |
Para 4 | |||||||
NFF |
Reference to definition in sch. G suitable as long as that definition is identical to that contained in the Wine Industry Award. Currently, part of the definition is missing. |
Para 17 | ||||||
ABI& NSWBC |
Supports clause as currently drafted – consistent with clause 3.3(d), which will make clearer the delineation between the two awards. |
Para 19.1 | ||||||
NFF |
Support proposal of AWU. Suggest one change to wording in first paragraph of this clause: Without limiting the generality of the exclusion in clause 3.1, this award does not cover employers or employees covered by: |
Para 11-12 | ||||||
AWU |
Relies on their Sub -17/04/2016 if this proposal is not adopted agree to amendment proposed by NFF. Believes ABI submission similar effect. |
Para 4, 72, 79 | ||||||
NFF |
Discussion on the same issue in other awards has settled on an approach where coverage clause definitions are located in the coverage clause. |
|||||||
9. |
BusSA |
Part 2 |
General Employment Conditions Parties are asked to consider whether award should clarify the application of various parts of award. Unsure of intent of question – further clarification required from FWC |
Para 11.2.2 |
Part 2 of the ED (and Part 3 of the current award) provide ‘General Conditions of Employment’ however it is not clear to whom or when these provisions apply where there is inconsistency with another clause in the ED e.g. ‘general’ clause 10.2(c) provides a meal allowance after 1.5 hours which is inconsistent with cl.32.8 for Piggery attendants |
D | ||
NFF |
Not agreed, NFF view is that no change is necessary. |
|||||||
10. |
NFF |
6.1 |
Types of employment Unnecessary – duplicates existing terms. |
Para 24 |
Consistent with wording used in other EDs In the 4 July 2016 conference, the parties noted the complexity of this issue and agreed to engage in discussions and provide an update at next conference. See transcript at PN72–116 |
F | ||
AWU |
Supports inclusion of term 6.1 and note will enhance consistency with other EDs. |
Para 9. | ||||||
NFF |
Not agreed |
|||||||
11. |
NFF |
6.3(a) |
Full-time employment For consistency, clause should be amended to include ‘an average of’. |
Para 25 |
ED amended as per transcript [PN184-237] to insert the words ‘an average of’ and ‘over a four week period’. The AWU claim in relation to the insertion of the word ‘ordinary’ will be dealt with by way of written submission.
|
D | ||
AWU |
Should be amended to make reference to 38 ordinary hours per week – otherwise overtime hours outside the span of ordinary hours in cl.30.3 could be included in the guaranteed 38 hours for the week. |
Para 6 | ||||||
NFF |
Disagrees with AWU submission to restrict number of hours full-time and part-time employee engaged to work ordinary hours. Does not believe definition clause intended to deal with rates of pay. AWU amendment would change meaning. |
Para 13-14 | ||||||
AWU |
Not opposed to ‘an average of 38 hours’, notes potential ambiguity Part 8 – Shearing operations which does not allow for averaging of ordinary hours for Shearers and Crutches; notes casual basis available to all but Woolclassers and Shearing Shed Experts who can be engaged by the day. Propose amendment to NFF submission to incorporate AWU Sub -17/04/2016: “A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week”. |
Paras 10-11 | ||||||
NFF |
Parties are likely to be agreed that the clause should include ‘an average of’. Parties are not agreed on the restriction of hours to ‘ordinary hours’. |
|||||||
13. |
AWU |
6.4(a)(i) |
Part-time employment Should be amended to make reference to 38 ordinary hours per week – otherwise overtime hours outside the span of ordinary hours in cl.30.3 could be included in the guaranteed 38 hours for the week. |
Provision may be affected by AM2014/196 See also item 11 ED amended as per transcript [PN184-237] to insert the words ‘an average of’ and ‘over a four week period’. The AWU claim in relation to the insertion of the word ‘ordinary’ will be dealt with by way of written submission. |
D | |||
NFF |
Not agreed |
|||||||
18. |
NFF |
6.6(a) |
Farm and livestock hand at shearing or crutching Not easy to understand, original wording should be retained. |
Para 35 |
D | |||
AWU |
Submits ED wording clearer than 10.5 of current MA. ED wording should be kept. |
Para 16 | ||||||
NFF |
Not agreed |
|||||||
26. |
AWU |
10.1(c) |
First aid allowance Concerned wording conveys that employee would have to actually carry out first aid duties to receive allowance. Suggested wording provided to clarify application. [Proposed wording provided in submission] |
The Commission will undertake research as per transcript [PN547-557] |
D | |||
NFF |
Notes AWU concern. Clause 10.1(a)(ii) makes clear allowance is payable for all purposes. |
Para 17 | ||||||
BusSA |
Agree with AWU |
11.11 | ||||||
NFF |
Not agreed. |
|||||||
30. |
NFF |
10.2 |
Parties are asked to clarify the interaction between clauses 10.2(c)(i) and (ii). Does clause 10.2(c)(i) only apply when an employee has been notified that they are required to work overtime? Does not align well with hours of work arrangements, and is only relevant in limited circumstances. Requirements should be reviewed for relevance – they duplicate other provisions in the award. |
Paras 47–49 |
See also item 62 Clause is now 10.2(d). The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript [PN439–453] |
D | ||
BusSA |
Clause operates in substantially same way, save for notice requirement (whether employee was given notice they would be required to work overtime before leaving work the previous day, in which case cl.10.2(c)(i) will apply). |
Para 11.2.5 | ||||||
AWU |
The sub-clauses overlap and conflict. Alternative wording proposed. [Proposed wording in submission.] |
Para 14 | ||||||
Para 83 | ||||||||
NFF |
Reiterates submission Sub-14/04/2016 |
Para 18 | ||||||
AWU |
Relies on amendments proposed in Sub -17/04/2016 para 14. Disagrees that meal allowance has no relevance in this industry. Example provided. |
Paras 25-26 | ||||||
ABI&NSWBC |
Given the difference of opinion between the parties, suggest further discussion would be appropriate |
19.2 | ||||||
NFF |
Not agreed. |
|||||||
33. |
AWU |
14.4(a)(i) |
Annual leave loading Given farm and livestock hands and poultry workers can be required to work ordinary hours on weekend without any penalty rates, the words “as performed between Monday and Friday” should be deleted. |
Para 16 |
The Commission will undertake research, see transcript [PN296–328] |
D | ||
NFF |
Does not agree with AWU submission to remove ‘as performed between Monday and Friday’ |
Para 19 | ||||||
BusSA |
Agree with AWU’s submission |
11.14 | ||||||
NFF |
Not agreed. |
|||||||
41. |
NFF |
24.2 |
Junior wages Table heading should be amended to refer to ‘% of relevant adult wage’ for consistency with cl.24.1. |
Para 56 |
The rates table reflects the current award, no amendment to ED required. Refer to transcript PN366–375 Relates to proposed amendments to clauses 24.2, 29.2, 36.2 See also items 51 & 66 |
D | ||
AWU |
Opposed to NFF’s amendment. “Adult rate” may encompass more than the “wage” rate in cl. 24.1. |
Para 30 | ||||||
BusSA |
Agree with NFF |
11.17 | ||||||
NFF |
Not agreed |
|||||||
42. |
NFF |
24.3 |
With Keep Rate Would the alternative wording below provide greater clarity in relation to how penalty and overtime rates interact with ‘with keep’ wages by expressing the ‘with keep’ amount as a deduction (rather than part of the minimum wage)? (see also clause 27.5): “If keep is provided then the employer may deduct an amount of $120.94 per week from the employee’s total weekly wages.” Suggested wording would have the effect of changing the meaning of the clause and should not be implemented. Current wording should be retained. |
Paras 57–59 |
See also item 117 The wording proposed in the NFF’s further submission of 8 July 2016 has been incorporated into the revised ED. |
D | ||
ABI&NSWBC |
Agree the second version of the clause is easier to understand – supports the alternative wording. |
Para 19.5 | ||||||
BusSA |
Change proposed is appropriate – provides clarity without changing the operation of cl.24.3 |
Para 11.2.7 | ||||||
AWU |
Supports amendment as it should eliminate prospect of overtime and public holiday payments being calculated on a rate which has been reduced by ‘with keep’ amount. |
Para 20 | ||||||
Para 31, 75, 85 | ||||||||
NFF |
Disagrees with AWU, BusSA, ABI&NSWBC. Proposed wording would increase costs as outlined in Sub-14/04/2016 |
Para 23 | ||||||
NFF |
Not agreed |
|||||||
NFF |
Wording proposed |
|||||||
45. |
NFF |
26.3 |
Station cooks Given that cooks are classified as an FL1, should the words ‘appropriate weekly rate’ in clause 18.3 be changed to the ‘FL1 ordinary hourly rate’? Should these amounts also be expressed as percentages? Oppose change suggested, as the weekly rate includes keep, while the FL1 ordinary hourly rate does not. Changing the clause would result in a deduction of keep from a station cook’s wages – which is not the intention. |
Paras 61–63 |
The error in the ED note has been corrected (see transcript [PN395-404]. The clause now refers to clause 26.3, not clause 18.3. |
D | ||
NFF |
Notes their views correspond with AWU and Business SA, but differ from ABI&NSWBC |
Para 26.3 | ||||||
ABI& NSWBC |
Supports change |
Para 19.7 | ||||||
BusSA |
Cl. 18.3 relates to payment for public holidays and there is no cl.18.3 in current award. If the question is directed at cl.26.3, the change is significant and contentious. The question suggests changing from a weekly rate to an hourly rate. BusSA does not support inclusion of wording ‘appropriate weekly rate’. Supports expressing amounts as percentages. |
Para 11.2.9 | ||||||
AWU |
Amendment not required. |
Para 23 | ||||||
Para 33, 77, 87 | ||||||||
NFF |
Not agreed |
|||||||
49. |
NFF |
27.2, 32.2, 33.1, 38.1, Schedules B.2.2, B.4.1, B.4.2 to B.4.5, B.5.2 and B.6.1 |
Overtime and penalty rates – various Identified clauses and tables imply that all hours worked on weekends (in particular Sunday) are overtime hours. However, under MA overtime hours are those worked in excess of ordinary hours (152 hours over four weeks) regardless of day or time. Clauses and tables should be amended to clarify that overtime is only payable after 152 hours have been worked in a four week period. [Proposed wording and examples in submission] |
Paras 66–7- |
The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433. |
D | ||
AWU |
NFF’s general submission re overtime misconceived, proposed amendments should not be made. Examples provided. |
Para 36 | ||||||
NFF |
Not agreed |
|||||||
51. |
NFF |
29.2 |
Junior wages Heading should be amended to ‘% of relevant adult wage’ for ease of understanding and consistency with cl.29.1. |
Para 72 |
The rates table reflects the current award, no amendment to ED required. Refer to transcript PN366–375 Relates to proposed amendments to clauses 24.2, 29.2, 36.2 See also items 41 & 66 |
D | ||
AWU |
Opposed to NFF’s amendment. The “adult rate” may encompass more than the “wage” rate. |
Para 38 | ||||||
BusSA |
Agree with NFF |
11.17 | ||||||
NFF |
Not agreed |
|||||||
54. |
FWO |
31.1 31.5 |
35.3 and 35.9 |
Shiftwork definitions May be unclear under which circumstances an employee should be considered a shiftworker, as ‘shiftworker’ is not a defined term. |
Item 29; p.8 |
See also item 55 The NFF and AWU are to discuss the matter further as per transcript PN479-502. |
D | |
NFF |
Not agreed – see also Item 55. |
|||||||
55. |
NFF |
31.1 |
Parties are asked to comment on whether the award should include a definition of ‘shiftworker’ in order to clarify which employees are shiftworkers (for the purposes of shift loading) and which employees are dayworkers (working outside the spread of ordinary hours) Definition of ‘shiftworker’ not necessary. |
Para 74 |
See also item 54 The Business SA claim in relation to the definition of ‘day shift’ is withdrawn. The NFF and AWU are to further discuss the matter of whether to include a definition for ‘shiftworker’ and the range of issues raised at paragraphs 28–31 of the AWU’s submission of 17 April 2016. See transcript PN479-502. |
D | ||
BusSA |
|
| ||||||
NFF |
Oppose insertion of definition of day shift. |
Para 30 | ||||||
AWU |
Draft conflates concepts of ‘non-continuous work’ and ‘non-successive shifts’, which may have unintended effect of removing entitlement to higher rates of pay for employees who perform less than a full week of shifts in a continuous work enterprise. Draft confines entitlement to paid crib breaks to continuous workers, in contrast to other provisions of award eg: cl.35.6(a). Amendments proposed to rectify issues. [Proposed wording and examples in submission] |
Paras 28–31 | ||||||
AWU |
Relies on Sub -17/04/2016 in reply to NFF. In reply to BusSA opposes inclusion of “day shift”, would amount to substantive change. |
Para 40, 88 | ||||||
NFF |
In reply to AWU submission, contends ‘non-successive shifts’ is a new term and concept in the ED |
Para 29 | ||||||
ABI & NSWBC |
Due to different views of parties believes further discussion appropriate. |
Para 19.5 | ||||||
NFF |
Not agreed |
|||||||
58. |
NFF |
32 and 33 |
Overtime and penalty rates; Saturday and Sunday Penalty rates Minor amendments proposed to reduce risk of misinterpretation and to correct typographical errors identified. [Proposed wording and examples in submission] |
Paras 80–81 |
The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433. |
D | ||
AWU |
Does not agree with any of NFF’s amendments, relies on Sub -17/04/16 para [33-38] |
Para 41 | ||||||
NFF |
Not agreed. |
|||||||
59. |
NFF |
32.2 |
Overtime and penalty rates Should be adjusted to avoid misleading. Suggest that all work on weekends attracts overtime. |
Para 77 |
The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433. |
D | ||
AWU |
‘All hours’ should be deleted from table given clause is only concerned with overtime. |
Para 33 | ||||||
BusSA |
Agrees with AWU |
11.23 | ||||||
NFF |
Notes AWU’s submission but refers to their submission Sub-14/04/16 |
Para 31 | ||||||
NFF |
Not agreed – further discussion would be beneficial. |
|||||||
60. |
NFF |
32.3 |
Overtime and penalty rates Should be moved to cl.33 as this refers directly to Saturday and Sunday overtime rates |
Para 78 |
The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433. |
D | ||
NFF |
For discussion |
|||||||
62. |
NFF |
32.8 |
Overtime meal allowance Does not align well with hours of work arrangements, and is only relevant in limited circumstances. Requirements should be reviewed for relevance – they duplicate other provisions in award. [Submission refers to clause 32.7, assumed reference should be 32.8] |
Para 76 |
See also item 30 The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript [PN439–453] |
D | ||
NFF |
Not agreed – see Item 30. |
|||||||
64. |
AWU |
33 |
Saturday and Sunday penalty rates Table for day workers should state: ‘Sunday – ordinary hours worked by agreement’. Given shiftworkers on ‘non-continuous work’ can seemingly perform ordinary hours on a Sunday, words ‘continuous shifts’ should be deleted. Second footnote referring to a major portion of the shift being on a Sunday should be deleted as there is no corresponding provision for Saturday night shifts or shifts on public holiday. |
Paras 36–38 |
The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript [PN439–453] |
D | ||
ABI&NSWBC |
ABI&NSWBC disagree with AWU, not replicated for Saturday night shifts or shifts on public holidays. Would be substantive change. |
Para 19.7 | ||||||
NFF |
Notes changes proposed by AWU ‘clause 33 – Day workers’ and refer to Sub-14/04/16 – supports other aspects of AWU proposal in relation to shiftworkers. |
Para 32-33 | ||||||
NFF |
Not agreed |
|||||||
65. |
NFF |
34 |
Payment for public holidays The overtime rates that apply for work in excess of rostered hours on a public holiday in accordance with clause 32.1 are less than that provided for ordinary hours on a public holiday. Is this correct? Overtime worked on public holidays is paid at overtime rate – based on minimum weekly rate with relevant overtime loading applied. |
Para 82 |
Provision may be affected by AM2014/301 Not subject of AM2014/301 at this time. Should it be referred? The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript PN439–453 |
D | ||
BusSA |
Correct – in line with pre-reform award. |
Para 11.2.11 | ||||||
AWU |
Illogical and unfair for overtime hours on public holidays to be paid at lower rate than ordinary hours. Should be 250% of ordinary hourly rate for all hours worked. |
Para 42, 89 | ||||||
NFF |
Not agreed |
|||||||
66. |
NFF |
36.2 |
Junior wages Heading should be amended to ‘% of relevant adult wage’ for ease of understanding and consistency with cl.29.1. |
Para 83 |
The rates table reflects the current award, no amendment to ED required. Refer to transcript PN366–375 Relates to proposed amendments to clauses 24.2, 29.2, 36.2 See also items 41 & 51 |
D | ||
AWU |
Opposed to NFF’s amendment for same reason as for clause 24.2 and 29.2. “Adult rate” may encompass more than “wage” rate in clause 24.1 |
|||||||
BusSA |
Agree with NFF |
11.17 | ||||||
NFF |
Not agreed. |
|||||||
84. |
NFF |
41 |
46.1 |
Special allowances (other than Woolclassers and Shearing shed experts) Wording of current award should replace proposed wording for cl. 41.1 to 41.3 of ED to reduce risk of unintentional changes to meaning. |
Para 98 |
The parties agreed to consider the issue and then confirm their positions. The issue will be revisited for further discussion. See transcript PN572–581 |
D | |
AWU |
Satisfied with new drafted provision subject to amendment to 41.2 (below). |
Para 51 | ||||||
NFF |
Not agreed |
|||||||
86. |
NFF |
42.3(a)(ii) |
Allowance for delays for Woolclassers paid at piecework rate Meaning may have changed in terms of limiting circumstances in which clause applies. Term ‘Act of God’ should be retained. [Example in submission.] |
Paras 99–100 |
While parties agree to change back, would prefer not to use the term ‘Act of God’. Can parties come up with alternative term e.g. ‘extreme sudden weather event’? See transcript PN582–605 ED unchanged. |
D | ||
AWU |
Agree to NFF’s proposed amendment which reflects clause 47.3(a) of the current award. |
Para 52 | ||||||
BusSA |
Agrees with NFF |
11.30 | ||||||
NFF |
Likely to be agreed |
|||||||
95. |
NFF |
A.1.2 |
Minimum wages Clause should be amended to take same form as cl.45.1(h) in current MA. Same clause should also be included in cl.40 of ED. |
Paras 111–112 |
Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. Re-drafted clause breaks clause into shorter sentences and includes an additional signpost clause for ease of reference. |
D | ||
AWU |
Considered NFF’s submission and finds no issue with wording of ED. |
Para 61 | ||||||
NFF |
Not agreed |
|||||||
AWU |
In reply to NFF’s submission – is not opposed to inclusion of junior rates for piggery attendants. |
Para 66 | ||||||
BusSA |
Agree with NFF |
11.36 | ||||||
NFF |
Likely to be agreed |
|||||||
101. |
AWU |
B.4.1 |
Pig Breeding and Raising – Piggery attendant employees Award is ambiguous in terms of whether a day worker can work ordinary hours on a Sunday. Clause should be amended to exclude shiftworkers (given their rates are comprehensively dealt with in Schedule B.4.2) and to insert a 200% Sunday column. |
Paras 48–49 |
See also 103 The AWU was asked to confirm its position by 15 July 2016. See transcript PN51–53 No ambiguity. Award does not contain provision for ordinary hours on Sundays. The Sat/Sun clause (MA cl 37) refers to a Saturday ordinary time rate, whereas Sunday rate referred to as ‘overtime’. B.4.1 is a table of ordinary rates and penalty rates – overtime rats are in B.4.3. |
A | ||
NFF |
In reply to AWU – supports exclusion of shiftworkers and addition of 200% Sunday column provided column applies to ‘Sunday – overtime hours’ |
Para 41 | ||||||
NFF |
Likely to be agreed subject to form. |
|||||||
102. |
AWU |
B.4.2 |
Pig Breeding and Raising – Piggery attendant employees Columns headed ‘Non-continuous afternoon or night shift’ should be changed to “non-successive afternoon or night shift”. Second footnote should also be amended and third footnote deleted. |
Para 50 |
Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. See also item 104 Agree that clause 31.1 refers to non-successive shifts. Similar definitions have been included in other EDs – see [2015] FWCFB 7236 at paras 46–50 Will need to change definition in 31.1(c) from ‘non-continuous’ to ‘non-successive’ for consistency. |
D | ||
NFF |
Does not support introduction of “non-successive shifts” term |
Para 42 | ||||||
NFF |
Not agreed |
|||||||
103. |
AWU |
B.4.4 |
Casual piggery attendant adult employees (all employees including shiftworkers)—ordinary and penalty rates A 225% column should be added for ordinary hours worked by agreement on Sunday and shiftworkers should be excluded rather than included given their rates are in Schedule B.4.5. |
Para 51 |
See also 101. The AWU was asked to confirm its position by 15 July 2016. See transcript PN51–53 |
A | ||
NFF |
In reply to AWU – support exclusion of shiftworkers and introduction of 225% Sunday column provided the table heading reads ‘Sunday – overtime hours’. |
Para 43 | ||||||
NFF |
Likely to be agreed |
|||||||
104. |
AWU |
B.4.5 |
Casual piggery attendant adult employees—shiftworkers—ordinary and penalty rates Reference to ‘non-continuous’ should be ‘non-successive’, footnote 2 amended and footnote 3 deleted. |
Para 52 |
See also item 102 Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. |
D | ||
NFF |
Not agreed |
|||||||
106. |
NFF |
B.6.2 |
Full-time and part-time junior poultry farm worker employees – ordinary, penalty rates and overtime Rounding errors identified in rates outlined for PW1 under 16 years. Table should clarify that overtime is only payable after 152 hours are worked in a four week period. [Proposed wording in submission.] Re issue of overtime payable for hours over 152, see also item 49 |
Para 118 |
Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. Used rounded adult hourly rate as per usual practice to generate junior rates, whereas NFF calculations based on unrounded adult hourly rate. Using our method – 50% of $17.29 = $8.645 –> $8.65 etc. Same applies for all under 16 rates. NFF may have calculated 50% of $17.2868 = $8.64 |
D | ||
AWU |
Does not agree with NFF’s insertion |
|||||||
NFF |
Not agreed |
|||||||
107. |
NFF |
B.6.3 |
Casual junior poultry farm worker employees – ordinary, penalty rates and overtime Rounding errors identified in rates outlined for PW1 under 16 years. [Proposed alterations in submission.] |
Para 119 |
Discrepancy over rounding as explained at item 106 above. Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. |
D | ||
NFF |
For discussion |
|||||||
108. |
NFF |
B.7 |
Shearing operations – shearers Tables are highly complex and do not aid understanding – they confuse calculation of rates and are not appropriate in circumstances. |
Para 120 |
Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. |
D | ||
NFF |
For discussion |
|||||||
109. |
NFF |
B.7.2 |
Casual crutchers – not found – ordinary and penalty rates Tables are highly complex and do not aid understanding – they confuse calculation of rates and are not appropriate in circumstances. There is also no reference to crutching rates for rams and ram stags. Some of figures are wrong. Any reference in the Schedule should only be to cross reference the award. |
Paras 121–122 |
Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. |
D | ||
AWU |
Does not oppose inclusion of rates tables but accept they may require further refinement. Agree with NFF that rates for crutching of rams and ram stags should be inserted. |
Para 68 | ||||||
NFF |
For discussion |
|||||||
111. |
NFF |
C.2.2 |
Adjustment of expense related allowances Reference to ‘all groups’ should be amended to the ‘eight capital cities weighted average’ to avoid confusion or potential misunderstanding around what groups constitute ‘all groups’. [Example in submission.] |
Paras 124–125 |
Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621. While the parties agree with this change, the term ‘All groups’ has been used to clarify this is the index for ‘All groups’ within the Weighted average of eight capital cities (which is a broader definition). Should the text above the table be amended to Weighted Average of Eight Capitals CPI? |
D | ||
AWU |
Does not oppose NFF’s proposed amendments |
Para 70 | ||||||
BusSA |
Agree with NFF |
11.37 | ||||||
NFF |
Likely to be agreed |
|||||||
116. |
NFF |
Sched G |
Definitions and interpretation – Wine Industry Parties are asked to confirm whether this is the appropriate definition of wine industry for the purpose of clause 3.3(a). It is inconsistent with the definition in the Wine Industry Award 2016. ‘Wine industry’ definition missing ‘the planting of wine grape vines’ – should be reinserted. [Proposed wording in submission.] |
Para 132 |
See also item 3 & 4 ED amended. Definition deleted as a consequence of the amendment to clause 3.3 as per transcript PN127–163. |
D | ||
NFF |
Moving definitions to Sched G unnecessary, creates difficulty. Definitions clause should remain in body of award. |
Para 12 | ||||||
BusSA |
Definition inappropriate – see further comments in response to cl.3.3(a) [item 4] |
Para 11.2.15 | ||||||
Disagree with NFF. Easy to navigate if all relevant definitions are contained in same schedule. |
8.26, 11.1 | |||||||
AWU |
Satisfied with approach of putting definitions in the schedule, no amendment necessary. |
Para 2 | ||||||
NFF |
Definitions likely to be moved to the body of the Award as part of the plain language process. See comments at Item 3 and Item 4. |
|||||||
118. |
AWU |
Sched G |
Definitions and interpretation Definition of ‘continuous service’ should not include a provision which indicates continuous service is broken if an employee is absent from work due to a sickness or accident for more than 4 weeks in a year. |
Para 54 |
Exposure draft amended – definition deleted as per transcript PN598, 606–614 |
D | ||
NFF |
Does not support AWU, believes definition of ‘continuous service’ could be amended as follows: (dot point 3): ‘takes long service leave, annual leave, personal/carers leave, public holidays, compassionate leave and community service leave; or’ |
Para 44 | ||||||
NFF |
Not agreed |
Item |
Party |
Document |
CLAUSE (exposure draft) |
CLAUSE (current award) |
SUMMARY OF ISSUE |
Their reference |
Notes |
Status | ||||
8. |
AWU |
5.2 |
Facilitative provisions Reference to clause 30.3 incorrectly refers to individual agreement, not majority agreement. |
Para 5 |
Parties confirmed agreement (see transcript PN35) and ED amended. |
A | ||||||
ABI&NSWBC |
AWU correct, 30.3 requires agreement by ‘an individual’. Additionally reference to 30.5 is incorrect, proposes following amendments:
|
Para 19.1 | ||||||||||
NFF |
Agree with ABI/NSWBC |
|||||||||||
12. |
NFF |
6.3(b) |
Full-time employment Reference to pay scales obsolete, should refer to ‘the applicable rate of pay’. |
Para 26 |
Parties confirmed agreement (see transcript PN35) and ED amended. |
A | ||||||
AWU |
Agrees with NFF’s proposed amendment |
|||||||||||
BusSA |
Agree with NFF |
11.3 | ||||||||||
NFF |
NFF proposal likely to be agreed between the parties |
|||||||||||
14. |
NFF |
6.4(b) |
Part-time employment Clause should be moved into cl.6.5 as it deals with casual employment. |
Para 27 |
Parties confirmed agreement (see transcript PN35) and ED amended. |
A | ||||||
AWU |
Agrees with NFF’s proposed amendment |
Para 13 | ||||||||||
BusSA |
Agree with NFF |
11.4 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
15. |
NFF |
6.4 |
Part-time employment Should be amended to correct typographical error. |
Para 28 |
Clause is now 6.4(b) Parties confirmed agreement (see transcript PN35) and ED amended. |
A | ||||||
AWU |
Agrees with NFF’s proposed amendment |
Para 13 | ||||||||||
BusSA |
Agree with NFF |
11.5 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
16. |
NFF |
6.5(a) |
Casual employment Current wording changes meaning of clause. Should be amended to re-insert words ‘as such’ or ‘engaged and paid as a casual employee’. |
Para 29 |
Parties confirmed agreement (see transcript PN35) and ED amended. |
A | ||||||
AWU |
Should be amended to include ‘as such’, otherwise any employee engaged and paid by the hour can be treated as a casual. |
Para 8 | ||||||||||
AWU |
Supports NFF’s amendment, part-time employee could also be ‘paid by the hour’. |
Para 14 | ||||||||||
BusSA |
Agree with NFF and AWU |
11.6 | ||||||||||
NFF |
Likely to be agreed subject to final wording. |
|||||||||||
17. |
NFF |
6.5(d)(i) |
Casual employment Clause 40.1 of this exposure draft (clause 45.1(1) of the current award) provides for Shearers to be engaged by the day and clause 40.5 (clause 45.4(g) of the current award) provides for Woolpressers to be engaged on a time work basis. Parties are asked to comment on whether this is inconsistent with clause 6.5(c)(i) There is no inconsistency – clauses simply outline different options for payment of Shearer or Woolpresser. For sake of clarity and consistency with other terms of award, clause should be amended as suggested. |
Paras 30–34 |
Parties confirmed agreement (see transcript PN35) and ED amended as per NFF suggested wording in further submission of 8 July 2016. Provision may be affected by AM2014/197 |
A | ||||||
BusSA |
No apparent inconsistency – however proposes the following amendment: ‘Casual Shearers, Crutchers and Woolpressers engaged as pieceworkers will be paid the piecework rates prescribed by this award’. |
Para 11.2.3 | ||||||||||
AWU |
Given scope for payment at time work rates, clause should be amended to read: ‘Shearers, Crutchers and Woolpressers will be engaged as casual pieceworkers in accordance with the terms specified in Part 8 – Shearing Operations’. |
Para 9 | ||||||||||
NFF |
Note wording provided by AWU and Business SA. Contend their wording in Sub-14/04/2016 should be preferred. |
Para 15 | ||||||||||
AWU |
Amendment proposed by NFF substantially same as AWU; Supports proposal made by BusSA suggest clearer than what proposed at para [9] AWU Sub -17/04/2016. |
Para 15 | ||||||||||
BusSA |
Agrees with AWU proposal Sub -17/04/16 at para [9] |
11.7 | ||||||||||
NFF |
Likely to be agreed subject to final wording. |
|||||||||||
NFF |
Wording proposed. |
|||||||||||
19. |
AWU |
7 |
Breaks Clause is problematic for piggery attendants who work as shiftworkers because there is a paid crib break entitlement. Clause should be amended to exclude those who will receive the paid crib break. [Proposed wording provided in submission.] |
Para 10 |
Parties confirmed agreement (see transcript PN35) and ED amended as per NFF suggested wording in further submission of 8 July 2016. |
A | ||||||
NFF |
Supports AWU submission. Propose alternative form of words. [Provided wording in submission.] |
Para 16 | ||||||||||
BusSA |
Agrees with AWU, however their proposed wording unclear. Succinct references to specific clause mentioned by the AWU should be made. |
11.8, 11.38 | ||||||||||
NFF |
Likely to be agreed subject to final wording. |
|||||||||||
NFF |
Provided wording in submission. |
|||||||||||
20. |
NFF |
7. |
Meal break Should be amended to retain current MA wording and meaning. Limitation that work performed during meal break attracting a double time rate should be limited to work undertaken in response to a direct instruction from employer. |
Paras 36–38 |
Parties confirmed agreement (see transcript PN35) and ED amended |
A | ||||||
AWU |
Does not opposed to NFF’s amendment on the basis that it reflects clause 15.1(b) of the current award. |
Para 17 | ||||||||||
BusSA |
Agree with NFF |
11.9 | ||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
21. |
AWU |
9.1 |
Period of payment The words ‘actual ordinary’ should be deleted as they indicate the payment obligation would not apply to overtime hours. |
Para 11 |
Parties confirmed agreement (see transcript PN35) and ED amended |
A | ||||||
NFF |
Likely to be agreed. |
|||||||||||
24. |
NFF |
10.1(a)(iii) |
Allowances – travelling allowance Clause 17.4 of the current award defines the Travelling allowance as an ‘all purposes allowance’. Parties are asked to confirm whether this is correct. ‘Travelling allowances should not be treated as all-purpose allowances – they reimbursements for expenses and are inherently uncertain. |
Para 41 |
Parties confirmed agreement that the allowance not an all purpose allowance and is an expense related allowance (see transcript PN35) – ED amended |
A | ||||||
ABI&NSWBC |
Submits travelling allowance should not and cannot be construed as an all-purpose allowance as only paid in limited circumstances, and quantum of which will in many cases be unknown. |
Paras 19.2 and 19.3 | ||||||||||
BusSA |
Travel allowance incorrectly categorised as all-purpose allowance. Paid in situation where employee is required to travel from one place to another for purpose of work, and cannot appropriately form part of worker’s ordinary hourly rate. |
Para 11.2.4 | ||||||||||
AWU |
Accepts travelling allowance cannot sensibly be treated as an all-purpose allowance, more appropriately described as an expense-related allowance. |
Para 12 | ||||||||||
Para 20, 82 | ||||||||||||
NFF |
Likely to be agreed between parties. |
|||||||||||
25. |
AFEI |
10.1(b) |
Leading hand allowance Allowance expressed as precise amount, however, full weekly amount only applies to full-time employees with part-time employees entitled to allowance on pro rata basis. Clause as currently expressed may be misleading. |
Paras 31–32 |
Clause redrafted to clarify that the allowance is paid on a pro rata basis for part-time employees (see transcript PN538–547). |
A | ||||||
NFF |
Agrees with AFEI, allowance payable on pro-rata basis to part time employees consistent with 6.4(a)(iii) as it applies to 10.1(a)(i) |
Para 45 | ||||||||||
AWU |
Expression of allowance as weekly rate common in many industries. No change to ED warranted. |
Para 78 | ||||||||||
BusSA |
Agree with AFEI |
11.10 | ||||||||||
NFF |
Not agreed |
|||||||||||
27. |
NFF |
10. |
Travel allowance Subclauses 10.1(d)(i) and (ii) should be amended as suggested for the sake of clarity. |
Para 42 |
Parties confirmed agreement (see transcript PN35) and ED amended |
A | ||||||
AWU |
Agrees with both proposed amendments |
|||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
28. |
NFF |
10.2(a)(i) |
Tool and equipment allowance Should be amended as suggested for clarity. |
Para 45 |
Parties confirmed agreement (see transcript PN35) and ED amended |
A | ||||||
AWU |
See no significant difference between NFF’s proposed amendment and ED, will accept either. |
|||||||||||
NFF |
Likely to be agreed subject to wording. |
|||||||||||
29. |
NFF |
10.2 |
Use of vehicle allowances Should be amended as suggested for clarity and consistency. |
Para 46 |
Parties confirmed agreement (see transcript PN35) and ED amended. Clause is now 10.2(c). |
A | ||||||
AWU |
Not opposed to NFF’s proposed amendment given 17.2(b) of current award uses the term ‘instructs’. |
Para 24 | ||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
31. |
NFF |
10.2 |
Wet weather clothing and footwear Should be amended as suggested for ease of understanding and consistency with current MA. [Note submission refers to 10.1(e)] |
Para 44 |
Parties confirmed agreement (see transcript PN35) and ED amended. Clause is now 10.2(f). |
A | ||||||
AWU |
Not opposed to amendment |
Para 22 | ||||||||||
BusSA |
Agree with AWU’s submission |
11.12 | ||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
34. |
NFF |
14.4(a)(ii) |
Annual leave loading Reference to cl.15.4(a)(i) should be amended to cl.14.4(a)(i). |
Para 50 |
Provision may be affected by AM2014/47 Parties confirmed agreement (see transcript PN35) and ED amended to correct cross reference. |
A | ||||||
AWU |
Agree with NFF clause reference should be amended |
Para 27 | ||||||||||
BusSA |
Agree with NFF |
11.13 | ||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
37. |
NFF |
18.2(b) |
Substitution of certain public holidays Reference to ‘in the enterprise or part of the enterprise concerned’ should be moved as suggested for clarity and consistency |
Para 51 |
Provision may be affected by AM2014/301 Parties confirmed agreement (see transcript PN35) and ED amended. |
A | ||||||
AWU |
Wording in clause 26.2(b) of current MA clearer and should be retained. |
Para 18 | ||||||||||
NFF |
Agrees with AWU, retain wording of current MA. |
Para 21 | ||||||||||
AWU |
Agree with NFF’s amendment |
Para 28 | ||||||||||
BusSA |
Agree with AWU’s Sub -17/04/16 at para [18]. |
|||||||||||
NFF |
Likely to be agreed |
|||||||||||
39. |
NFF |
23.2(b) |
Farm and Livestock Hand Level 2 (FLH2) ‘QA Programs’ are not currently defined in the award, should a definition be included in the award? Defining term not necessary as it is well understood in industry and can be varied according to market requirements. Greater clarity may be achieved by spelling term out in full. |
Paras 53–54 |
Parties confirmed agreement (see transcript PN35) and ED amended to replace references to ‘QA Programs’ with ‘quality assurance programs’ throughout. Comment deleted. |
A | ||||||
BusSA |
No definition necessary, term should simply be rewritten as ‘quality assurance program’. If term has other meaning, a definition should be provided. |
Para 11.2.6 | ||||||||||
AWU |
Definition not required. |
Para 19 | ||||||||||
NFF |
Notes AWU views – prefers NFF’s own submission Sub-14/04/2016 |
Para 22 | ||||||||||
AWU |
Not opposed to replacing references to “QA Programs” with “Quality Assurance Programs” as per NFF’s submission. |
Para 29, 84 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
40. |
NFF |
23.2(b) |
Farm and Livestock Hand Level 2 (FLH2) Should ‘OH&S procedures’ be changed throughout the award to ‘WH&S procedures’ in line with current legislation? No objection to change, although abbreviation ‘WHS’ more common. If necessary, words ‘work health and safety’ could be adopted. |
Para 55 |
Parties confirmed agreement (see transcript PN35) and ED amended to replace references to ‘OH&S’ with ‘WH&S’ throughout. Comment deleted. |
A | ||||||
BusSA |
Supports inclusion of wording ‘WH&S procedures’. |
Para 11.2.6 | ||||||||||
ABI & NSWBC |
References to ‘OH&S procedures’ should be changed to ‘work health and safety procedures’ throughout award. |
Para 19.4 | ||||||||||
AWU |
References should be amended to ‘WH&S procedures’. |
Para 19 | ||||||||||
AWU |
Not opposed to replacing “OH&S procedures” with “work health and safety procedures”. |
Para 29, 74 | ||||||||||
NFF |
Likely to be agreed to replace ‘OH&S’ with ‘WH&S, noting similar changes agreed in the other agricultural awards. |
|||||||||||
43. |
NFF |
25.3 |
Special Allowances Parties are asked whether the allowances in clause 25 only apply to the Broadacre Farming and Livestock Operations stream. These allowances were found in the pre reform Pastoral Industry Award 1998 [AP792378CRV] at clause 37 Allowances only apply to Broadacre Farming and Livestock Operations stream, however, important to note Piggery and Poultry Operations were also covered by Pastoral Industry Award 1998. |
Para 60 |
Parties are agreed that the allowances in clause 25 only apply to Broadacre Farming and Livestock Operation employees. Comment deleted. Claim in relation to moving the allowance to clause 10.1 withdrawn by AWU. See transcript at PN557–572 |
A | ||||||
ABI&NSWBC |
Clear allowances in cl.25 only apply to Broadacre Farming and Livestock Operations. |
Para 19.6 | ||||||||||
BusSA |
Allowances in cl. 25 should only apply to Broadacre Farming and Livestock Operations stream – pre reform award demonstrates that clause should not apply beyond Part 5. |
Para 11.2.8 | ||||||||||
AWU |
|
Para 22 | ||||||||||
|
Para 32, 76, 86 | |||||||||||
ABI&NSWBC |
|
Para 19.3 | ||||||||||
NFF |
|
|||||||||||
44. |
AWU |
25.3(a) |
Special allowances Should be amended to read: ‘in or in connection with jetting or spraying of sheep, if they mix the poison or handle the nozzle’. |
Para 21 |
ED amended, see transcript PN35 |
A | ||||||
NFF |
NFF supports wording proposed by AWU in relation to clause 25.3. |
Para 24 | ||||||||||
BusSA |
Agree with AWU’s submission |
11.18 | ||||||||||
NFF |
AWU amendment likely to be agreed. |
|||||||||||
46. |
NFF |
27.1 |
Overtime and penalty rates Reference to ‘clause 26.1’ should be amended to ‘clause 26’. |
Para 64 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agrees with NFF reference should be to cl. 26 |
Para 34 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
48. |
NFF |
27.5 |
Overtime and penalty rates Clause should be amended to refer to overtime payments being calculated on minimum weekly rate for simplicity and ease of understanding |
Para 65 |
ED amended to incorporate NFF proposed wording in submission of 8 July 2016, comment deleted. |
A | ||||||
AWU |
Proposes alternative wording to make clearer. |
Para 26. | ||||||||||
AWU |
AWU prefers their wording in Sub -17/04/2016 para 26 to NFF. |
Para 35 | ||||||||||
NFF |
Submits alternative wording: Overtime and public holiday rates are calculated on the ordinary hourly rate before any deduction is made for keep |
Para 27 | ||||||||||
BusSA |
Agree with NFF and AWU’s submissions. |
11.20 | ||||||||||
NFF |
Likely to be agreed subject to wording. |
|||||||||||
NFF |
Wording proposed. |
|||||||||||
50. |
NFF |
27.6 |
Public holidays Reference to ‘Farm’ should be amended to ‘farm’. |
Para 71 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with correction proposed by NFF |
Para 37 | ||||||||||
BusSA |
Agree with NFF |
11.21 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
53. |
NFF |
30.3 |
Ordinary hours of work Amendment required regarding provision for agreement between employee and employer to improve ease of understanding. |
Para 73 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Not opposed to NFF’s amendment |
Para 39 | ||||||||||
NFF |
NFF amendment likely to be agreed |
|||||||||||
56. |
AWU |
31.2(e) |
Ordinary hours and roster cycles–shiftworkers Should be amended to include reference to ‘per shift’ |
Para 32 |
ED amended, see transcript PN35 |
A | ||||||
BusSA |
Agrees with AWU |
11.22 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
57. |
NFF |
31.6 |
Shiftwork Reference to clause 33 should be amended to reflect full heading. |
Para 75 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Does not oppose NFF’s amendment |
Para 40 | ||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
61. |
AWU |
32.6 |
Overtime and penalty rates Clause unnecessary. |
Para 34 |
ED amended, see transcript PN35 |
A | ||||||
BusSA |
Agrees with AWU |
1.24 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
68. |
NFF |
38 |
Overtime and penalty rates Heading should be amended to ‘Overtime and public holidays’ |
Para 84 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s amendment |
Para 44 | ||||||||||
NFF |
NFF amendment likely to be agreed. |
|||||||||||
70. |
AWU |
38.1(a) |
Overtime Insert ‘worker’ after ‘poultry’. |
Para 39 |
ED amended, see transcript PN35 |
A | ||||||
NFF |
Supports AWU amendment to 38.1(a) |
Para 24 | ||||||||||
BusSA |
Agrees with AWU |
11.26 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
72. |
AWU |
39.2(c)(ii) |
Minimum daily payment Second dot point should read: ‘the employee is advised by the employer of a starting time with more than 24 hours’ notice’. |
Para 41 |
ED amended, see transcript PN35 |
A | ||||||
NFF |
Supports AWU’s amendment to 39.2(c)(ii) |
Para 35 | ||||||||||
BusSA |
Agrees with AWU |
11.27 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
77. |
NFF |
40.2 |
Additional rates Heading should be amended to ‘Other shearing rates’ as not all rates are additional, and minor amendments made to the table for greater clarity. [Proposed wording and examples in submission] |
Paras 85–87 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s amendments to heading and tables in 40.2 given they reflect 45.1 of current award. |
Para 45 | ||||||||||
NFF |
NFF amendment likely to be agreed |
|||||||||||
78. |
NFF |
40.3, Sch A.2 |
Rates for crutching and Schedule A.2 – Crutching formula Current wording suggests piecework rates for crutching to be paid in addition to shearing rates. No basis for change – activities different in nature and two rates are not paid together. Amendments proposed to clarify payment in relation to crutching. [Proposed wording and examples in submission] |
Paras 88–91 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s amendments to clarify there are separate rates for crutching and shearing |
Para 46 | ||||||||||
BusSA |
Agrees with NFF |
11.28 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
79. |
NFF |
40.3(b) |
Rates for crutching – lack of amenities allowance This wage related allowance is currently adjusted in accordance with changes in standard rate at the time of annual wage review. Parties are asked to comment on whether this allowance should be expressed as 51.5% of the standard rate? Allowance should be expressed as dollar figure. Method of calculation for allowances could be included in Schedule C. Should be amended to specify allowance is paid in addition to piecework rates. [Proposed wording in submission] |
Paras 92–94 |
ED amended and allowance added to Schedule C, see transcript PN35 [Issue also raised during consultation re the draft determination arising from AWR 2015–16. Rate currently adjusted as a wage-related allowance (not in accordance with clause 45.2(c) of the current award)] |
A | ||||||
Para 36 | ||||||||||||
BusSA |
Support proposed change |
Para 11.2.12 | ||||||||||
AWU |
Does not support change. |
Para 42, 90 | ||||||||||
AWU |
Agree with NFF’s proposed amendments. |
Para 47 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
80. |
NFF |
40.3(c) |
Special crutching rates Reference to clause 40.3 should be amended to cl.40.3(a). |
Para 95 |
Ed amended, see transcript PN35
|
A | ||||||
AWU |
Agrees with NFF |
Para 48 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
81. |
NFF |
40.4 |
Rates for Shed hands Reference to ‘Shed hands’ should all be in lower case. [Example in submission] |
Para 96 |
ED amended throughout, see transcript PN35 |
A | ||||||
AWU |
Note NFF concerns re inappropriate use of capitals, however reference should remain as capital letter is used in cl/ 39. |
Para 49 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
82. |
AWU |
40.5(g) |
Rates for Woolpressers Correct cross-reference at end of this clause is 40.5 (a). |
Para 43 |
Ed amended, see transcript PN35 |
A | ||||||
NFF |
Agree with AWU |
Para 37 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
83. |
NFF |
40.9(f) |
Woolclassers allowances formula Clause should make clear allowances payable to woolclassers are built into their weekly rate and not payable in addition to woolclassers’ rate – reference to Schedule A may assist. |
Para 97 |
The parties agreed to submit proposed wording within seven days of the 4 July 2016 conference, as no proposed wording was received by the Commission, ED amended to incorporate wording proposed in AWU reply submission of 5 May 2016. See transcript PN41–51 |
A | ||||||
AWU |
Noting NFF’s concern, AWU proposes preamble sentence be amended to: “Allowances included in the Woolclassers’ weekly rate are calculated in accordance with the following formula…” |
Para 50 | ||||||||||
NFF |
Likely to be agreed subject to wording. |
|||||||||||
85. |
AWU |
41.2 |
Special allowances (other than Woolclassers and Shearing shed experts) Wording in cl 46.2 of MA clearer, should be retained. |
Para 44 |
ED amended to incorporate wording proposed in NFF submission of 8 July 2016. |
A | ||||||
NFF |
Agree with AWU, % should be retained |
Para 38 | ||||||||||
BusSA |
Agree with AWU |
11.29 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
NFF |
Proposed wording in submission. [Note submission refers to Item 84 in error] |
|||||||||||
87. |
NFF |
43.2 |
Alteration of starting times Title should be removed as subclause (c) does not deal with starting times, and minor amendments made to assist with drafting of clause. [Proposed wording in submission.] |
Paras 101–102 |
EDamended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s amendment |
Para 53 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
88. |
NFF |
44.2(b) |
Where there is a joint mess Reference to ‘payable’ should be removed. |
Para 103 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agrees with NFF’s amendment |
Para 54 | ||||||||||
BusSA |
Agrees with NFF |
11.31 | ||||||||||
NFF |
Likely to be agreed. |
|||||||||||
89. |
NFF |
44.7(b) |
Allotment of stands ‘Subject to clause 44.7(a)’ should be inserted at the beginning of the clause. |
Para 104 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
words ‘subject to the foregoing’ should be retained because they clarify that stands allocated to a ‘learner shearer’ can be excluded from drawing of lots. |
Para 45 | ||||||||||
BusSA |
Agrees with AWU and NFF |
11.32 | ||||||||||
NFF |
Notes AWU submission, prefers NFF wording |
Para 39 | ||||||||||
AWU |
Notes NFF’s submission is consistent with para 45 of AWU Sub -17/04/2016 |
Para 55 | ||||||||||
NFF |
Likely to be agreed subject to wording. |
|||||||||||
90. |
NFF |
45.1 |
Hours of work and overtime rates for Shed hands and Woolpresser-shed hands Minor amendments proposed to assist with readability of clause. [Proposed wording in submission.] |
Paras 105 |
ED amended, parties to comment on amendment, see transcript PN532–538 |
A | ||||||
BusSA |
Agree with NFF |
11.33 | ||||||||||
AWU |
Disagree proposed amendments would make ED clearer. |
Para 56 | ||||||||||
NFF |
Not agreed |
|||||||||||
91. |
NFF |
45.5 |
Hours of work and overtime rates for Shed hands and Woolpresser-shed hands Replace ‘the’ with ‘all’. [Proposed wording in submission.] |
Para 106 |
ED amended, see transcript PN35 |
A | ||||||
BusSA |
Agree with NFF |
11.33 | ||||||||||
AWU |
Not opposed to NFF’s amendment |
Para 53 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
92. |
NFF |
46.1(b) |
Payment for public holidays Should clause 46.1(b) also apply to Woolpresser-shed hands? Description of shed hands in cl.46.1(b) also applies to Woolpresser-shed hands. |
Para 107 |
ED amended, comment deleted, see transcript PN35 |
A | ||||||
BusSA |
Current clause appears appropriate. Clause 39.1 lists possible employment categories and there is no distinction between ‘shed hand’ and ‘woolpresser-shed hand’. Clause 39.2 details general shed hands and woolpresser-shed hands as performing substantially the same functions. |
Para 11.2.13 | ||||||||||
AWU |
Clause should also refer to Woolpresser and shed-hands. |
Para 46 | ||||||||||
AWU submission aligns with NFF and BusSA |
Para 58, 91 | |||||||||||
NFF |
Likely to be agreed. |
|||||||||||
93. |
NFF |
46.1(c) |
Payment for public holidays Clause significantly increases public holiday rate of pay for shearing shed experts. Rate should be 2.6% of appropriate minimum hourly rate (not 20% of appropriate minimum weekly rate). |
Para 108 |
ED amended, see transcript PN54, 58–61 |
A | ||||||
AWU |
The reference to 1/38th of appropriate minimum weekly rate in cl 51.1 (c) of MA has been changed to 20% of the weekly rate per hour. This seems reasonable on a merit level but perhaps extends beyond the scope of redrafting process. |
Para 47 | ||||||||||
NFF |
Relies on Sub-14/04/16 |
Para 40 | ||||||||||
AWU |
AWU notes both NFF, submits NFF’s proposal to insert reference to 2.6% involves opportunistic rounding, more accurate percentage would be 2.63% |
Para 59 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
94. |
NFF |
A.1 |
Rates for Shearers – if not found employee Heading ‘Rates for flock sheep (wethers, ewes and lambs)’ should be carried over from clause 45.1 of current MA. Further minor amendments proposed to improve readability of clause. [Proposed wording and examples in submission.] |
Paras 109–110 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Does not oppose NFF’s proposal to insert ‘Rates for flock sheep (wethers, ewes and lambs)’ |
Para 60 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
96. |
NFF |
A.4 |
Woolpresser’s formula References to ‘per week’ should be removed. [Examples in submission.] |
Para 113 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s proposed amendments |
Para 62 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
98. |
NFF |
B.2.3 |
Full-time and part-time adult station cooks – additional overtime rates Keep is provided free of charge to station cooks and reference to the deduction of keep should be deleted. |
Para 115 |
See also item 99 ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s amendment ‘with keep’ should be deleted. |
Para 64 | ||||||||||
BusSA |
Agree with NFF |
11.35 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
99. |
NFF |
B.3.3 |
Full-time and part time junior station cooks – additional overtime rates Keep is provided free of charge to station cooks and reference to deduction of keep should be deleted. |
Para 116 |
See also item 98 ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree with NFF’s amendment ‘with keep’ should be deleted. |
Para 65 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
100. |
NFF |
B.4 |
Pig Breeding and Raising – Piggery attendant employees May be appropriate to consider inserting junior rates for Piggery operations for consistency with other parts of award. |
Para 117 |
ED amended to insert rates (effective 1 July 2016), see transcript PN35 |
A | ||||||
AWU |
In reply to NFF’s submission – is not opposed to inclusion of junior rates for piggery attendants. |
Para 66 | ||||||||||
BusSA |
Agree with NFF |
11.36 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
110. |
NFF |
C.1 |
Wage related allowances Leading hand allowances should be corrected as follows: (a) 11 to 20 employees: $33.98 (b) More than 20 employees: $42.70 |
Para 123 |
ED amended, see transcript PN35 |
A | ||||||
AWU |
Agree that leading hand rates from clause 10.1(b) have not been accurately reflected in table. |
Para 69 | ||||||||||
NFF |
Likely to be agreed |
|||||||||||
112. |
NFF |
Sched E |
National Training Wage Parties are asked to identify “any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997” that they consider should not be covered by this Schedule Changes to Commonwealth vocational education and training model necessitate updating of language in relation to training packages – definition of ‘training’ and ‘training package’ should be amended as suggested. [Proposed wording in submission.] |
Paras 126–129 |
To be considered as part of broader review of NTW Schedule , see transcript PN62–63 |
A | ||||||
NFF |
Seek to correct comments made in paragraph 129 of Sub-14/04/16 – ‘The Agri-Food, Amenity Horticulture, Conservation and Land Management and Rural Production training packages are listed in the exposure drafts as separate training packages under Wage Level C. They have in fact been consolidated into one training package titled ‘Agriculture, Horticulture and Conservation and Land Management’.’ |
|||||||||||
NFF |
Likely to be agreed noting discussion in other agricultural awards. |
|||||||||||
114. |
NFF |
Sched G |
Definitions and interpretation
Reference to ‘Shearing shed’ in definition of ‘woolclasser’ should be lower case, not a defined term. [Proposed wording in submission.] |
Paras 131 and 133 |
ED amended so that the reference to ‘Shearing shed’ is lowercase. Claim in relation to ‘All purposes’ is withdrawn, refer to transcript PN66–72 |
A | ||||||
AWU |
|
Para 71 | ||||||||||
NFF |
Withdrawn in relation to ‘all purposes’ definition. Maintain that the reference to ‘Shearing shed’ should be amended to lower case. |
|||||||||||
117. |
BusSA |
Sched G |
Definitions and interpretation Parties are asked to clarify if ‘keep’ only applies to farm and livestock hands in accordance with clause 24.3 or does the provision in clause 10.2(g) apply to other employees? If it applies to shearing operations, how does it interact with the definition ‘found employees? ‘Keep’ only applies to farm and livestock hands. Reference to ‘keep’ is specific to Part 5 (Part 8 does not have a like reference). Allowances in part are specific to that part unless otherwise stated. |
Para 11.2.14 |
See also item 42 The parties confirmed that the |
A | ||||||
AWU |
The “keep” provisions do not apply to employees covered by Part 8 – Shearing Operations. The “found” provisions apply to these employees. |
Para 92 | ||||||||||
NFF |
Likely to be agreed |
2. Items determined by or before another Full Bench and items withdrawn
Item |
Party |
Document |
CLAUSE (exposure draft) |
CLAUSE (current award) |
SUMMARY OF ISSUE |
Their reference |
Notes |
Status |
1. |
|
|
|
|
|
W | ||
|
|
| ||||||
|
|
|||||||
2. |
|
|
|
|
|
W | ||
|
|
| ||||||
|
|
|||||||
5. |
|
|
|
|
|
W | ||
|
|
| ||||||
|
|
|||||||
6. |
|
|
|
|
|
W | ||
|
|
| ||||||
|
|
|||||||
7. |
|
|
|
|
|
W | ||
|
|
|
||||||
|
|
|||||||
|
|
|||||||
22. |
NFF |
10 |
Allowances New opening sentence states the obvious and not required. |
Para 39 |
This wording is used in all EDs |
F | ||
AWU |
Disagrees with NFF. New sentence helpful and should be retained. |
|||||||
NFF |
Not agreed |
|||||||
23. |
|
|
|
|
W | |||
|
|
|
||||||
|
|
|||||||
32. |
AWU |
14 |
Annual leave Notes a number of provisions may be affected by finalisation of annual leave common proceedings. |
Para 15 |
F | |||
NFF |
Matter for the AM2014/47 Full Bench. |
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35. |
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36. |
AWU |
14.8 |
Proportionate leave on termination Should be amended to include “(including annual leave loadings or penalty rates as per clause 14.4)” to ensure compliance with s.90(2) FW Act. |
Para 17 |
Issue being considered by Annual Leave Full bench in AM2014/47 – see [2015] FWCFB 3406 at paras 416–429 |
F | ||
NFF |
Disagrees with AWU. Contends matter is being dealt with by annual leave common issue. |
Para 20 | ||||||
BusSA |
Disagrees with AWU. The proposed wording can be interpreted too broadly. |
11.15, 11.39 | ||||||
NFF |
Matter for the AM2014/47 Full Bench. |
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38. |
NFF |
18.4 |
Part-day public holidays Reference to Schedule F should be updated or deleted. |
Para 52 |
Provision may be affected by AM2014/301 Exposure draft amended See also item 113 |
F | ||
NFF |
Schedule F should be updated pursuant to PR580863. |
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47. |
AWU |
27.3 |
31.4 |
Time off instead of payment for overtime Seeks deletion of TOIL provision as may have no effect due to s.326 FW Act |
Paras 3–13 |
Pending outcome of AM2014/300 |
F | |
AWU |
Affected by the Award Flexibility proceedings. AWU and NFF are in ongoing discussions about model TOIL term. |
Para 24 |
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NFF |
Pending outcome of AM2014/300 |
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AWU |
27.4 |
Contrary to requirement in s.323 for work to be paid for in full subject to permitted and reasonable deductions. |
Para 25 |
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NFF |
Disagrees with AWU, would be substantive change. |
Para 26 |
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BusSA |
Disagrees with AWU. Cl 27.4 serves important function in award. Deletion would be substantive change. |
11.19, 11.40 |
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ABI& NSWBC |
ABI and NSWBC do not agree with AWU. If the Commission removes provision on basis of inconsistency with s.323, the provision should be replaced with clause requiring employees to notify a claim for overtime or time off in lieu within current timeframes listed in clause 27.4. |
Para 19.4 |
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NFF |
Not agreed |
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52. |
AWU |
30.2 |
Ordinary hours of work Should be amended to make reference to ordinary hours and that the employee is paid the full weekly rate for that week. [Proposed wording in submission] |
Para 27 |
Tentatively withdrawn. The NFF and AWU are to engage in further discussions. Refer to transcript PN466–479. |
W | ||
NFF |
Contends AWU’s proposed wording would change meaning of clause. ED should be unchanged. |
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AWU |
Prefers AWU amendment |
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NFF |
Not agreed |
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63. |
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71. |
AWU |
38.1(c) |
Overtime Party still in discussions with NFF about potential insertion of model TOIL provision. |
Para 40 |
Subject of AM2014/300 |
F | ||
NFF |
Matter for AM2014/300 Full Bench. |
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73. |
AWU |
39.5 |
44.4(b) |
Insertion of employment conditions for learners. |
Para 2 |
Determined by Full Bench in AM2015/23 |
F | |
SCAA |
Concerned with practicalities of AWU’s proposal. In favour of initiatives to attract and retain labour to shearing industry but does not regard award as appropriate instrument for what is essentially an ‘attraction’ and ‘retention’ strategy. [Proposed wording in submission.] |
Para 6-13 | ||||||
NFF |
Party submits following proposed terms are about permitted parts: (a) term which define “learner shearer”; and (b) terms which provide a guaranteed minimum rate of pay for learner shearers. Terms which restrict the use of stands in a shed to learner shearers are not terms about permitted matters. |
Para 11-45 |
Proposed wording in submission. | |||||
NFF |
Matter for Pastoral Award 2010 – substantive issues (AM2015/23) Full Bench. |
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BusSA |
Submission - learner shearers - draft determination-15/07/16 |
Submitted wording in clause 44.4(b)(ii) of the draft variation determination set out in Attachment 2 to the decision5 issued 8 July 2016 has the potential to be interpreted inconsistently and that the clause should be clarified before it is incorporated into the Pastoral Award. |
Business SA (and any other interested party) is to file a further submission proposing alternative wording to that proposed in the draft variation determination set out in Attachment 2 to the decision 6 issued 8 July 2016 by 4.00pm Friday 2 September 2016 | |||||
74. |
NFF |
40 |
45 |
Woolclassers’ formula Seeks to clarify the method for calculating the Woolclassers’ formula. |
para 4(b) |
Determined by Full Bench in AM2015/23 |
F | |
75. |
NFF |
40 |
45 |
Rate for crutching stud ewes Seek to clarify the method for calculating the rate for crutching stud ewes. |
para 4(c) |
Determined by Full Bench in AM2015/23 |
F | |
76. |
AWU |
40 |
45 |
Rate for crutching stud sheep and rams Seek insertion of higher rates for crutching stud sheep and rams. |
para 2 |
Determined by Full Bench in AM2015/23 |
F | |
97. |
NFF |
B.1 |
Ordinary hourly rate Definition should be amended as suggested if ‘all purpose allowance’ is to be a defined term |
Para 114 |
Proposed wording in submission. Standard wording used in ED as per Full bench decision [2015] FWCFB 4658. |
F | ||
AWU |
Does not agree with NFF’s amendment. ED reflects approach adopted across numerous other EDs. |
Para 35 | ||||||
BusSA |
Agree with NFF |
11.34 | ||||||
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105. |
AWU |
B.5 and B.6 |
Poultry Farming—poultry farm worker adult and junior employees Casual overtime rates should be included in the ED given these are often contentious. |
Para 53 |
May be subject of AM2014/197—Casual employment Full Bench |
F | ||
NFF |
Not agreed as could potentially be misleading. |
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113. |
NFF |
Sched F |
2015 Part-day Public Holidays Notes clause likely to be revised following proceedings in AM2014/301. |
Para 130 |
Provision may be affected by AM2014/301 See also item 38 Exposure draft amended |
F | ||
NFF |
Clause should be updated pursuant to PR580863 |
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115. |
NFF |
Sched G |
3 |
Definitions Amend definition of ‘broadacre field crops’ to reflect generic crop descriptors rather than to specific crops. |
para 4(a) |
Determined by Full Bench in AM2015/23 |
F | |
119. |
NFF |
New clause |
Insert an annual salaries provision. |
para 4(d) |
Considered by Full Bench in AM2015/23 |
F | ||
NFF |
Referred to AM2015/23 Full Bench |
List of abbreviations (in alphabetical order)
Act |
Fair Work Act 2009 |
ABI&NSWBC |
Australian Business Industrial and the NSW Business Chamber |
AFEI |
Australian Federation of Employers and Industries |
AWU |
The Australian Workers’ Union |
BusSA |
Business SA |
ED |
Exposure Draft of Pastoral Award 2016 |
FWC |
Fair Work Commission |
FWO |
Fair Work Ombudsman |
MA |
Modern Award |
NFF |
National Farmers’ Federation |
SCAA |
Shearing Contractors’ Association of Australia |
2 See Statement [2016] FWC 3520
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