PASTORAL EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, an industrial organisation of
employees.
(No. IRC 4162 of 2005)
|
Before The Honourable
Justice Schmidt
|
15 August 2005
|
VARIATION
1. Delete
subclause (a) of clause 74, Safety Net and State Wage Case Commitments, of the
award published 26 October 2001 (328 I.G. 1188) and insert in lieu thereof the
following:
(a) The rates of pay in this award include
the adjustments payable under the State Wage Case 2005. These adjustments may
be offset against:
(i) any equivalent over-award payments;
and/or
(ii) award wage increases since 29 May 1991 other
than safety net, State Wage Case and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and
insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates of
Pay
|
Clause No.
|
Rates for Shearers
|
Rate
|
|
|
|
$
|
|
10(a)(i)
|
If "not found":
|
|
|
|
For flock sheep (wethers, ewes and lambs) by machine
|
202.85 per 100
|
|
|
With own handpiece
|
206.21 per 100
|
|
10(a)(viii)
|
If "found":
|
|
|
|
The rates prescribed for "not found" in clause
10 (a)(i) less
|
19.50 per day
|
|
10(a)(ix)
|
Engagement by the day, handpiece provided:
|
|
|
|
"Not found"
|
151.60 per day
|
|
|
"Found"
|
132.10 per day
|
|
|
"Found" If using own handpiece:
|
|
|
|
"Not found"
|
154.00 per day
|
|
|
"Found"
|
134.50 per day
|
|
Clause No.
|
Rates
for Crutching
|
Rate per 100
|
Rates per 100
|
|
|
|
at sheds
|
other than at sheds
|
|
|
|
$
|
$
|
|
11(a)
|
If "Not found" -
Full crutching, that is, shearing
|
|
|
|
|
the inside and parts of the
legs, between the
|
|
|
|
|
legs, and around and above
the tail. In addition
|
|
|
|
|
when required:
|
|
|
|
|
|
|
|
|
|
Removing wool that has been
struck by blowfly;
|
|
|
|
|
and/or
|
|
|
|
|
Lifting the bottom leg and
shearing that leg prior
|
|
|
|
|
to turning sheep to complete the shearing
|
|
|
|
|
around and above the tail;
and/or
|
|
|
|
|
giving up to two blows above
the tail
|
58.80
|
50.70
|
|
|
All other crutching
|
46.65
|
40.60
|
|
|
For wigging or ringing
|
22.30
|
22.30
|
|
|
For either wigging or ringing
in addition
|
|
|
|
|
to crutching - crutching
rates plus
|
6.10
|
6.10
|
|
|
For wigging and ringing
|
36.50
|
36.50
|
|
|
For wigging and ringing in
addition to crutching
|
|
|
|
|
- crutching rates plus
|
10.15
|
10.15
|
|
|
For clearing the belly of any
ewe above the teats
|
|
|
|
|
(not more than two blows of
the machine or
|
|
|
|
|
shears) - crutching rates
plus
|
5.10
|
5.10
|
|
|
For rams and ram stags -
double the rates
|
|
|
|
|
prescribed in paragraphs (i)
to (vi) of subclause
|
|
|
|
|
(a) of clause 10, Rates for
Shearers
|
|
|
|
|
Handpiece Allowance
|
1.12 per 100
|
1.12 per 100
|
|
|
For Stud ewes and their lambs
- one and one
|
|
|
|
|
quarter of the rates prescribed
in paragraphs (i)
|
|
|
|
|
to (vi) of subclause (a) of
the said clause 10.
|
|
|
|
11(b)
|
If Not"found" -
|
|
|
|
|
Piecework rates
|
151.60
|
151.60
|
|
|
Use of own handpiece
|
154.00
|
154.00
|
|
11(c)
|
Per Day:
|
|
|
|
|
If "found", the
rates as per piecework rates
|
|
|
|
|
above less
|
19.50 per day
|
19.50 per day
|
|
Clause No.
|
Rates for Shed
Hands
|
Per Run
|
|
|
|
$
|
|
12
|
If "not found" -
|
|
|
|
Adults:
|
|
|
|
For adults with 65 days or more experience as a shed hand
|
40.10
|
|
|
For adults with less than 65 days experience as a shed
hand
|
38.60
|
|
|
Juniors -
|
|
|
|
18 to 20 years -
|
|
|
|
With 65 work days or more experience as a shed hand
|
36.10
|
|
|
With less than 65 work days experience as a shed hand
|
34.75
|
|
|
Under 18 years -
|
|
|
|
With 65 work days experience as a shed hand
|
28.05
|
|
|
With less than 65 work days experience as a shed hand
|
27.00
|
|
|
If "found" -
|
|
|
|
The rates prescribed for adults for "not found"
less
|
19.50
|
|
Clause No.
|
Rates for
Woolpressers
|
Per Kilo
|
Per Bale
|
|
|
|
$
|
$
|
|
13(a)(i)
|
If "not found" -
|
|
|
|
|
For pressing:
|
|
|
|
|
By hand
|
0.0850
|
12.96
|
|
|
By power
|
0.0567
|
8.64
|
|
13(a)(ii)
|
For weighing and branding bales Minimum weekly rate
|
0.26 per bale extra
|
|
|
(per run x no. of runs)
|
41.65 per run
|
|
13(a)(v)
|
If "found" -
|
|
|
|
The rates prescribed for "not found" in clause
13 (a)(i)(ii) less
|
19.50 per day
|
|
13(c)
|
Woolpressers engaged at timework rates:
|
|
|
|
If "not found"
|
41.65 Per run
|
|
|
If "found" - the rate prescribed for "not found"
less
|
19.50 per run
|
|
Clause No.
|
Rates for Shearing
Cooks
|
Per Week
|
|
|
|
$
|
|
14(a)
|
If "found" -
|
|
|
|
Cooking for up to 13 persons
|
174.64 per day
|
|
|
Cooking for 13 person and over
|
13.51 per person
per day
|
|
Clause No.
|
Rates for Station
Hands
|
SWC 2004
|
SWC 2005
|
SWC 2005
|
|
|
|
Amount
|
Adjustment
|
Amount
|
|
|
|
$
|
$
|
$
|
|
50(a)(i)(1)
|
Without keep -
|
|
|
|
|
|
Station Hand Grade 1
|
467.40
|
17.00
|
484.40
|
|
50(a)(i)(2)
|
General Station Hand
|
|
|
|
|
|
Grade 2
|
492.40
|
17.00
|
509.40
|
|
50(a)(i)(3)
|
Senior Station Hand
|
|
|
|
|
|
Grade 3
|
517.50
|
17.00
|
534.50
|
|
50(a)(i)(4)
|
Rural Tradesperson
|
561.40
|
17.00
|
578.40
|
|
50(a)(iii)
|
Adult Station Hand engaged by the day
|
|
|
|
|
Without keep
|
|
14.07 per hour
|
|
|
With keep -
|
|
|
|
|
The weekly rates prescribed above, less
|
82.30
|
84.75
|
|
Clause No.
|
Rates
for Station Cooks
|
SWC 2004
|
SWC 2005
|
SWC 2005
|
|
|
|
Amount
|
Adjustment
|
Amount
|
|
|
|
$
|
$
|
$
|
|
50(b)
|
Cook
who cooks for 13 persons
|
|
|
|
|
|
or
less on the average of the week
|
467.40
|
17.00
|
484.40
|
The cook shall not be included when counting the average
number of persons cooked for.
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
|
No.
|
No.
|
|
$
|
|
1
|
18(d)
|
Learner's comb/cutters allowance
|
8.25 per week
|
|
2
|
22(a)(ii)
|
Sleeping quarters allowance
|
32.10 per night
|
|
3
|
22(a)(ii)
|
Excess travelling time allowance
|
10.95 per hour
|
|
4
|
22(b)(i)
|
Travelling allowance (Shearers/Crutchers only)
|
8.25 per day
|
|
5
|
22(b)(ii)
|
Vehicle allowance
|
0.26 per km
|
|
6
|
23(d)(i)
& 54 (c)
|
Meat charge (if supplied by the employer)
|
0.38 per kg
|
|
7
|
26(a)
|
Breakdown of machinery allowance -
|
|
|
|
|
"not found"
|
122.00 per day
|
|
|
|
"found"
|
101.85 per day
|
|
|
|
With own handpiece -
|
|
|
|
|
"not found"
|
124.05
|
|
|
|
"found"
|
103.90
|
|
8
|
31(e)
|
Charge for injured sheep
|
1.41 per sheep
|
|
9
|
37(g)
|
Leaving forfeiture - Maximum
|
926.62
|
|
10
|
39(g)
|
Excess rate for waiting time - Leaving or discharge
|
120.10 per day
|
|
11
|
39(h)
|
Excess rate for waiting time - Cut-out
|
120.10 per day
|
|
12
|
52(a)
|
Own horse allowance
|
2.00 per week
|
|
13
|
52(a)
|
Own saddle allowance
|
1.60 per week
|
|
14
|
52(c)
|
Jetting/spraying/swabbing sheep
|
0.93 per day
|
|
15
|
62
|
Meal Allowance-travelling
|
0.87 per day
|
|
16
|
62
|
Accommodation Allowance- travelling
|
2.65 per night
|
3. Delete
Schedule B, Formula and insert in lieu thereof the following:
SCHEDULE B
FORMULA
Shearer's Formula
|
|
$
|
|
Total Rate
|
513.20
|
|
Plus 20% piecework allowance - total rate x 20%
|
102.64
|
|
Plus 20% casual loading
- total rate x 20%
|
102.64
|
|
Plus shearing industry allowance
|
222.00
|
|
- delays for wet weather
|
40.75
|
|
- travelling
|
63.45
|
|
- isolation and discomfort
|
78.50
|
|
- rations
|
39.30
|
|
Total
|
940.48
|
|
Rates per 100 conversion - total divided by 5
|
188.10
|
|
Plus disability allowance
|
1.45
|
|
Plus allowance for combs/ cutters
|
13.30
|
|
Total Rate per 100
|
202.85
|
|
Plus payment for handpiece
|
3.36
|
|
Total
|
206.21
|
|
|
|
|
Crutching Rates -
|
|
|
Full crutching at sheds: 29% of shearer’s per 100 rate
|
58.80
|
|
All other crutching at sheds: 23% of shearers per 100 rate
|
46.65
|
|
Full crutching other than at sheds: 25% of shearer’s per
100 rate
|
50.70
|
|
All other crutching other than at sheds: 20% of shearer’s
per 100 rate
|
40.60
|
|
Wigging or ringing: 11% of shearer’s per 100 rate
|
22.30
|
|
Wigging or ringing in addition: 3% of shearer’s per 100
rate
|
6.10
|
|
Wigging and ringing: 18% of shearer’s per 100 rate
|
36.50
|
|
Wigging and ringing in addition: 5% of shearer’s per 100
rate
|
10.15
|
|
Cleaning bellies, etc: 2.5% of shearer’s per 100 rate
|
5.10
|
|
Lack of amenities allowance (per day)
|
6.55
|
|
Handpiece allowance (per 100)
|
1.12
|
|
|
Handpiece provided
|
Handpiece not
provided
|
|
|
$
|
$
|
|
Daily rate -
|
|
|
|
"Not found" - Old daily rate x Shearer’s rate per
100
|
151.60
|
154.00
|
|
divided by old shearer’s rate per 100
|
|
|
|
"Found" - Not found rate less found deduction
|
132.10
|
134.50
|
|
Learners -
|
Per run
|
|
|
$
|
|
Inexperienced adult shed hand rate
|
38.60
|
|
Experienced adult shed hand rate
|
40.10
|
|
|
Per week
|
|
|
$
|
|
Combs and cutters allowance:
|
|
|
62.25% of shearer’s combs and cutters allowance per 100
|
8.30
|
|
Shearing Cook’s Formula -
|
|
|
Base rate
|
509.14
|
|
Safety Net Adjustment
|
17.00
|
|
Total Rate
|
526.14
|
|
Plus 20% casual loading - total rate x 20%
|
105.23
|
|
Plus 20% long hours allowance - total rate x 20
|
105.23
|
|
Plus shearing industry allowance
|
141.60
|
|
Travelling
|
63.20
|
|
Isolation / discomfort
|
78.40
|
|
Total
|
878.20
|
|
Daily rate - total divided by 5
|
175.64
|
|
Per employee per day rate - daily rate divided by 13
|
13.51
|
|
Shed Hands (Adult) Formula -
|
Amount
|
|
With less than 65 work days experience:
|
$
|
|
Base Rate
|
442.38
|
|
Safety Net Adjustment
|
17.00
|
|
Total Rate
|
459.38
|
|
Plus 20% casual loading - new base wage rate x 20%
|
91.88
|
|
Plus shearing industry allowance
|
221.60
|
|
- delays for wet weather
|
40.60
|
|
- travelling
|
63.30
|
|
- isolation/discomfort
|
78.50
|
|
- rations
|
39.20
|
|
Total
|
772.86
|
|
Per run - total divided by 20
|
38.60
|
|
With more than 65 work days experience:
|
|
|
Base rate
|
467.42
|
|
Safety Net Adjustment
|
17.00
|
|
Total rate
|
484.42
|
|
Plus 20% casual loading - new base wage rate x 20%
|
96.88
|
|
Plus shearing industry allowance
|
221.60
|
|
- delays for wet weather
|
40.60
|
|
- travelling
|
63.30
|
|
- isolation/discomfort
|
78.50
|
|
- rations
|
39.20
|
|
Total
|
802.90
|
|
Per run - total divided by 20
|
40.10
|
|
Juniors:
|
|
|
18-20 years:
|
|
|
With 65 work days or more experience as shed hand
|
36.10
|
|
- 90% of equivalent adult rate
|
|
|
With less than 65 work days experience as a shed hand
|
34.75
|
|
-90% of equivalent adult rate
|
|
|
Under 18 years:
|
|
|
With 65 work days or more experience as shed hand
|
28.05
|
|
- 70% of equivalent rate
|
|
|
With less than 65 work days experience as a shed hand
|
27.00
|
|
- 70% of equivalent adult rate
|
|
|
Woolpresser’s
Formula
|
Piecework
|
Timework
|
|
|
$
|
$
|
|
Base Rate
|
472.80
|
492.45
|
|
Safety Net Adjustment
|
17.00
|
17.00
|
|
Total
|
489.80
|
509.45
|
|
Plus 20% piecework allowance- total rate x 20%
|
97.96
|
101.89
|
|
Plus 20% casual loading - total rate x 20%
|
97.96
|
|
|
Plus shearing industry allowance
|
221.60
|
221.60
|
|
- delays for wet weather
|
40.60
|
40.60
|
|
- travelling
|
63.30
|
63.30
|
|
- isolation/discomfort
|
78.50
|
78.50
|
|
- rations
|
39.20
|
39.20
|
|
Total per week
|
907.32
|
832.94
|
|
Per run - total divided by 20
|
45.37
|
41.65
|
|
- by hand - per bale - total divided by 70
|
12.96
|
|
|
- by hand - per kilo - rate divided by 152.4
|
0.0850
|
|
|
- by power - per bale - by hand per bale rate x 2/3
|
8.64
|
|
|
- by power - per kilo - rate divided by 152.4
|
0.0567
|
|
|
Additional Rates -
|
Per day
|
|
|
$
|
|
Found deduction - cooks per employee per day rate plus
$6.00 per rations
|
19.50
|
|
Breakdown allowance - old rate x shearer’s rate per 100
divided by old
|
|
|
shearer’s rate per 100:
|
|
|
- Not found - handpiece provided
|
122.00
|
|
- handpiece not provided
|
124.05
|
|
- Found - handpiece provided
|
101.85
|
|
- handpiece not provided
|
103.90
|
|
Waiting time - old rate x shearer’s rate per 100 divided
by old shearer’s rate
|
122.00
|
|
per 100
|
|
|
Absence from work - shearer’s weekly wage equivalent (rate
per 100 x 5)
|
1014.25
|
4. Delete Schedule
C and insert in lieu thereof the following:
SCHEDULE C
ECONOMIC
INCAPACITY
(1) Employers
listed in this Schedule have been granted a postponement in the payment of
wages and allowance increases flowing from the State Wage Case 2005 Decision in
respect of employees engaged pursuant to Section II - Station Hands, of the
award due to adverse economic circumstances as a consequence of drought. The list can be added to or subtracted from
at any time subject to a ruling of the Industrial Relations Commission of New
South Wales. The postponement commences
from the date the application is approved until 1 August 2006 subject to the
capacity to make a further application at that time.
(2) Applications
will be dealt with by the Industrial Relations Commission of New South Wales in
accordance with the process outlined in the decision of Vice President Ross of
the Australian Industrial Relations Commission in PR 940769 (19 November 2003)
on the proviso that any reference in that decision to industrial tribunals,
industrial provisions or principles in the jurisdiction of the Commonwealth of
Australia shall be read as referring, where practicable, to its State
counterpart in New South Wales.
(3) The wages to
be paid by the employers listed in the Schedule relate to Section II - Station
Hand employees. The following wage
rates and allowances correspond to the relevant clauses in this award:
|
Clause No.
|
Rate
|
|
|
$
|
|
50(a)(i)(1)
|
467.40
|
|
50(a)(i)(2)
|
492.40
|
|
50(a)(i)(3)
|
517.50
|
|
50(a)(i)(4)
|
561.40
|
|
50(a)(i)
|
82.30
|
|
50(b)
|
467.40
|
|
52(a)
|
1.95 and 1.55
respectively
|
|
52(c)
|
0.90
|
|
62
|
0.84 and 2.55
respectively
|
(4) The Commission
has approved the application to postpone wage and allowance increases in accordance
with clauses 1 and 2 of this Schedule to the following employers:
|
Employer Name
|
Employer Address
|
Operative Date
|
5. This
variation shall take effect from the beginning of the first full pay period to commence
on or after 31 December 2005.
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.