Food
Preservers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1535 of 2007)
Before Commissioner
Bishop
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7 March 2008
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Wages and
Classifications
4. Rates of
Pay
5. Contracts
of Employment
5A Secure
Employment
6. Prohibition
of Outdoor and/or Contract Work
7. Special
Rates
8. Junior
Employees
9. Mixed
Functions
10. Hours of
Work
10A Implementation
of a 38 Hour Week
11. Shift Work
12. Overtime
13. Meal Break
and Allowances
14. First Aid
Attendant
15. State Wage
Case Adjustments
16. Morning
and Afternoon Tea
17. Free Tea,
Coffee, Milk and Sugar
18. Holidays
19. Sunday and
Holiday Rates
20. Annual
Leave
21. Sick Leave
22. Personal/Carer's
Leave
23. Parental
Leave
24. Bereavement
Leave
25. Implements,
Materials, Protective Clothing and Uniforms
26. Damage to
Clothing
27. Floor
Covering
28. Transport
of Employees (11 p.m. to
7a.m.)
29. Payment of
Wages
30. Aged, Slow
and Infirm Workers
31. Limitation
of Employer's Liability
32. Notice
Board and Posting of Award
33. Shop
Stewards
34. Right of
Entry
35. Jury
Service
36. Accommodation
37. Accident
Pay
38. Preservation
of Existing Rights
39. Avoidance
of Industrial Disputes
40. Supported
Wage
41. Structural
Efficiency
42. Redundancy
43. Superannuation
44. Leave
Reserved
45. Anti-discrimination
46 Training
Wage
47. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Title
1.1 This award
shall be known as the Food Preservers (State) Award.
2. Definitions
For the purposes of this award unless a contrary intention
appears
2.1 "Adult
employee" means an employee of the age of 18 years or more.
2.2 "Assistant
syrup maker" means an employee engaged in the making of syrup who is not
responsible for achieving the required final strength of the syrup to be used.
Provided that an employee who is engaged merely in unloading sugar from bags to
syruping tanks shall not be classified as an assistant syrup maker.
2.3 "Box or
case repairer and/or maker" means an employee who repairs and/or makes
wooden boxes, cases, crates, trays, slides, skips and/or pallets for use in the
employer's own business.
2.4 "Carton
assembler by hand" does not include an employee forming or partially
forming single retail-pack size cartons or products.
2.5 "Employee"
means a person or one of the classes of persons performing any of the kinds of
work covered by this award who may be employed by an employer.
2.6 "Employer"
means an employer upon whom this award is or becomes binding.
2.7 "Labelling
machine operator" means an employee operating a continuous flow horizontal
labelling unit on cans or jars or a bottle labelling machine affixing two or
more labels to such bottles.
2.8 "Leading
hand" means an adult employee appointed as such by the employer who, while
working under supervision, gives instructions to and/or is responsible for work
done by other employees.
2.9 "Open or
closed pan cooker" means an employee responsible for the cooking of jams,
sauces of all descriptions, cordials, toppings, pickles, soups and other
similar classes of formulated products.
2.10 "Quality
checker" means an employee performing duties that do not come within those
of any classification either under this award or under any other award who is
engaged in testing of raw materials, products in process or containers on line
or in an area adjacent thereto in accordance with pre-determined routine
procedures and the recording of such results.
2.11 "Pedestrian
fork lift operator" means an employee operating (from a standing position) a self powered fork lift appliance
designed to lift, elevate, move and stack pallets. This definition specifically excludes stillage trucks or other
appliances designed to lift and move a pallet or pallets within 30 cm of floor
level.
2.12 "Season"
means in respect of work directly associated with or forming part of the
preparation of the initial, continuous processing of seasonally grown items
covered by this award -
2.12.1 peas: October 1
to the following April 30;
2.12.2 citrus fruits (concentrated juice): June 1 to the following January 31;
2.12.3 asparagus: September 1 to the following March 31;
2.12.4 beans: from November 1 to the following May 31;
2.12.5 tomatoes: December 1 to May 31;
2.12.6 Items other than
those specified above - 1 December to the following 30 April, provided that as
to the processing of apples and beetroot the season shall be extended to 31
August in New South Wales; provided further that any seasonally grown item,
other than apples and pears, which is stored by any means whatsoever and is not
prepared or processed continuous with the harvesting season shall not be
included.
2.13 "Winter
season" means the period from May 1 to the following July 31 in respect of
the processing of the following items: Sprouts, broccoli, cauliflower, celery,
sweet corn, carrots, swedes, white turnips, silver beet, cabbage, parsnips and
potatoes, whether such items are processed in a deep-frozen, canned or
dehydrated form: Provided that this definition shall not prevent any such items
being processed as seasonal vegetables under definition 2.12.6.
2.14 "Storeperson
and packer" means an employee in a store or in any place where goods are
handled for the purpose of being received, stored or despatched, who is engaged
in -
2.14.1 packing,
assembling, collecting, recording or checking goods or materials in course of
receipt or dispatch, or
2.14.2 packing from
dockets for dispatch;
For the purpose of this award -
(A) A storeperson
and packer shall be so classified Subject to that the employee may be under the
orders of a superior who does not devote the whole of their time to supervising
storing and packing work.
(B) "Storeperson
and packer" does not include an employee who in the course of manufacture
merely encloses goods in the uniform containers in which such goods are
ordinarily sold by the manufacturer, nor a packer who nails, uses staples or
seals such containers, nor an employee who merely loads or unloads goods
already packed into or from trucks, wagons or bulk containers, or on or from
pallets.
2.15 "Syrup
maker of multi-strength syrups" means an employee who is ordinarily
required to make more than one strength of syrup during the course of a day or
shift and who achieves the required final strength of the solution to be used.
2.16 "Syrup
maker (other) or brine maker" means an employee who -
2.16.1 is ordinarily
required to make a uniform-strength syrup and who achieves the required final
strength of such syrup; or
2.16.2 makes brine and
achieves the required final strength thereof.
2.17 "Union"
means the Automotive, Food, Manufacturing, Engineering and Printing Kindred
Industries Union, New South Wales Branch - Confectionery and Food Division.
2.18 "Weighbridge
attendant" means an employee engaged in the operation of a weighbridge on
the receiving, checking, weighing (gross and net weights), recording and
tabulating of quantities of various types of raw and processed material
delivered to the factory for subsequent processing: Provided that such
definition shall not include an employee engaged in the abovementioned
operations merely involving deliveries associated with transfer between
different factories and/or stores of the one employer.
3. Wages and
Classifications
3.1 Adults -
3.1.1 Subject to the
exceptions and exemptions prescribed in this clause an adult employee in a classification
or class of work specified in the table set out in 3.1.2 shall be paid at the
respective award wage rate per week assigned to that classification or class of
work set out in Table 1, of Part B under the heading " Weekly rate of pay ".
3.1.2 Composition of
Groupings - Adult employees shall be classified in groupings as provided in
Table 1 of Part B and such classified groupings shall consist of the following
designated classifications of labour -
3.2 Group 1 -
1.
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Evaporator operator (tomato paste).
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2.
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Retort or autoclave operator.
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3.
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Storeperson and packer in charge of a place in which the employee is the only
adult storeperson
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and packer engaged
therein and who is
responsible for stock and the execution of orders.
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4.
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Spaghetti maker.
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5.
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Deep fry cooker.
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3.3 Group 2 -
1.
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Assistant vinegar brewer.
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2.
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Ingredients mixer operator using silent cutter.
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3.
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Preserver of cherries, citrus peel and/or vegetable by
syruping or brining
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(including the making of such syrup or brine when such is
performed directly
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in association with the operation).
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4.
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Cereal filling and packing line operator.
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5.
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Potato mash dryer operator.
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6.
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Hydrostatic steriliser operator.
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7.
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Controller of crystallisation operation (not including cherry and/or mixed peel
preparation).
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8.
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Open or closed pan cooker (as defined).
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9.
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Cereal cooker.
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10.
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Storeperson and packer (as defined).
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11.
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Employee in charge of prunes or tree fruits.
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12.
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Employee in charge of dehydrators.
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13.
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Dehydration tunnel operator.
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14.
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Dough or paste maker by machine other than for pie
products.
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15.
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Rotary coil operator (tomatoes).
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16.
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Quality checker (as defined).
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3.4 Group 3 -
1.
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Inspector of fruit or vegetable for acceptance or
rejection.
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2.
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Filling and closing machine operator, i.e., employee
operating automatic
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polythene or cellophane pack type unit and hesser filling
and closing machine.
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3.
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Assembler and weigher of ingredients for cooked products
(other than jam).
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4.
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Weighbridge attendant (as defined).
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5.
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Labelling machine operator.
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6.
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Potato mash cooking and preparation line operator.
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7.
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Evaporator operator (other than tomato paste).
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8.
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Trimmer by hand of uncooked meat.
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9.
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Syrup maker of multi-strength syrups (as defined).
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10.
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Bulk fruit bin maker and/or repairer.
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11.
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Filling and closing machine operator, i.e., employee
operating automatic polythene pack
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type unit for frozen products.
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12.
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Pedestrian forklift driver (as defined).
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3.5 Group 4 -
1.
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Flour sifter operator.
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2.
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Weigher and recorder of asparagus, peas from viner or bulk
dehydrates
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product from drying bins.
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3.
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Blancher operator.
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4.
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Meat ball forming machine operator.
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5.
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Pulping machine operator (tomato products).
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6.
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Lye peeler operator.
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7.
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Automatic consumer carton forming and glue sealer machine
operator.
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8.
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Syrup maker (other) or brine maker (as defined).
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9.
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Continuous flow freezing tunnel operator.
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10.
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Preparer of cherries for syruping.
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11.
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Quality grader and receiver of asparagus, pears and/or
peaches.
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12.
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Centrifuge operator.
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13.
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Steam injector operator on continuous flow cooking.
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14.
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Filling and closing machine operator responsible for
packaging products in
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cans, jars, bottles or single unit serves.
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15.
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Feeding into and/or taking away from retorts.
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16.
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Automatic carton forming, casing and sealing machine
operator.
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17.
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Inspector of frozen processed products immediately prior
to packaging.
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18.
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Sachet filling and closing machine operator.
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19.
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Controller of battering and/or crumbing of meat and/or
fish products.
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20.
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Filling and closing machine operator, i.e., employee
operating automatic cardboard pack type unit
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for frozen goods.
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21.
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Trimmer by hand of cooked meat.
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3.6 Group 5 -
1.
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Driver of factory electric truck or factory mechanical
sweeper.
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2.
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General hand assisting in cooking of hot preparation.
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3.
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Weighbridge attendant other than as defined.
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4.
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Steriliser by open pan or tank.
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5.
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Dehydration preparation line operator (root vegetables).
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6.
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Sweeper and/or boxperson in pea-vining station.
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7.
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Pea washer operator.
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8.
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Plate freezer operator.
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9.
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Meat receiver recorder in meat canning factory.
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10.
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Loader by hand of frozen goods in refrigerated vehicle.
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11.
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Mixing and/or blending machine operator.
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12.
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Steam peeler operator.
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13.
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Oven cooker and serviceperson on dim sim preparation line.
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14.
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Cleaner of machinery, equipment, vats and the like (not applicable to cleaning factory floor,
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warehouse or store cleaning).
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15.
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Employee unloading and handling potatoes in bulk store.
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16.
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Meat cutter operator by hand saw and/or guillotine.
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17.
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Carton former operator.
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18.
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General hand assisting on continuous flow rotary fruit
cooker.
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19.
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General hand engaged in loading, unloading, tipping,
storing or preparing of citrus peel or
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vegetables in acidic brine
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20.
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Knife or circular blade sharpener.
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21.
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Pea forker by hand or grab.
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22.
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Shaker and/or rumbler operator in pea vining.
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23.
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Assistant spaghetti maker.
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24.
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Box or case repairer and/or maker (as defined).
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25.
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Weigher or recorder of meat or vegetables in raw or
processed form (other than asparagus, peas or
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bulk dehydrated products from drying bins)
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26.
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Unloader by hand of frozen goods from bulk bins.
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27.
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Unloader by hand of citrus peel or cherries from syruping
vats.
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28.
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Unloader of meat in meat preparation area.
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29.
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Supplier of cooked meat and/or poultry to trimmers.
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30.
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Closer operator on canned products other than in can
making.
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31.
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Meat slicer or mincer operator.
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32.
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Size grader operator.
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33.
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Assistant syrup maker (as defined).
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34.
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Feeder of stillages to slitting machine in can making.
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35.
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Employee engaged in the juice making section working on or
about a fruit press in processes
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associated with the extraction of fruit juices
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36.
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Feeder of meat or fish product to forming machine.
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37.
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Frozen meat or fish disintegrator or emulsifier operator.
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38.
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Gas pack operator on dehydrated products.
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39.
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Potato piler operator in bulk store.
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40.
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Busse loader operator.
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41.
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Shrink wrap packaging operator.
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42.
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Rotary cooler operator on jam and/or spread making.
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43.
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Closer operator (jars or bottles).
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44.
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Packer of clear mixed pickles into glass jars.
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45.
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Unloader or weigher of bulk-frozen product for
dehydration.
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3.7 Group 6 -
3.7.1 Sub-Group A -
1.
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Controller of flow of fruit, vegetables or containers to
preparation, syruping and/or filling lines.
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2.
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Corn sieving machine operator.
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3.
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Pre-heater operator in fruit canning.
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4.
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Filler operator (cans, jars or bottles).
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5.
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Dicer, cutter or fruit stoning machine operator on fruit
or vegetables.
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6.
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Bottle, jar or equipment washing machine operator.
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7.
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Shaker and/or rumbler operator other, i.e., operator of
automatic root vegetable peeler or grape
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declusterer.
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8.
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Wooden bulk bin tipping and/or bulk bin filling machine
operator.
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9.
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Carton sealing machine operator.
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9A.
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Carton sealing machine operator other than sealing with
self-adhesive tape.
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10.
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Remover of lids from compounding machine, press, machine
and/or drying oven in can making
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11.
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Pedestrian electric truck operator.
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12.
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Busse unloader operator.
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13.
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Can opener by machine (A 10 type can only).
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14.
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Palletising or depalletising machine operator.
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15.
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Hoist operator.
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16.
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Sealing machine operator on 4.5 to 18.2 litre cans.
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17.
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Casing machine operator.
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18.
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Towveyor attendant.
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19.
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Employee engaged in cutting or pulping lemons, pineapples,
oranges or grapefruit by hand.
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20.
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Pourer out or filler or stirrer of jam, soup, chutney,
pickles, pulp or other hot preparations by hand.
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21.
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Loader of dehydration trays to trucks.
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22.
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Feeding peach
pitting, apple or pear preparing or apricot slitting machine piecemeal
by hand.
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23.
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Can or jar tapper.
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24.
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Trimmer and/or inspector of onions and/or horseradish or
feeder of onion peeling machine
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piecemeal by hand
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25.
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Dicer and/or shredder operator.
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26.
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Pastry roller machine operator.
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27.
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Operator of automatic cellotape type carton sealing
machine.
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28.
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Bag sewing machine operator.
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29.
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Feeding on to a moving belt tins of preserved products
weighing collectively over 2.7 kg.
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3.7.2 Sub-Group B -
Subject to the operation of State laws relating to safety, junior employees may
be employed upon the following classifications -
1.
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Wheeler of loaded stillages into and out of freezing
chamber.
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2.
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Unloader of processed material from dehydration trays.
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3.
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Loader or unloader of goods in warehousing not elsewhere
classified.
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4.
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Stacker on pallets of filled cartons and/or 2.3 to 18.2
litres filled containers.
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5.
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Tank attendant (tomato evaporator or bean blancher).
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6.
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Bulk dumper by hand.
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7.
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Waste disposal unit attendant.
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8.
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Hand truck wheeler.
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9.
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Filler by hand of 18.2 litre container of hot
preparations.
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10
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Recorder of pallets of processed goods, empty wooden bulk
bins and lug boxes or raw material
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to production line.
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11
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Hand solderer other than in can making.
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12
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Unloader of lambs' tongues from salt brine solution.
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13
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Assistant to plate freezer operator.
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14
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Loader of dehydration trays on filling lines.
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15
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Dump rig employee in freezing chamber.
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16
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Unloader by hand from conveyor or machine not elsewhere
classified.
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17
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Material washer operator (other than pea cleaning).
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18
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Remover by hand of pallets from depalletiser other than in
can making.
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19
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Supplier of fruit to pieceworkers.
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20
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Clutchperson on peach preparation machine.
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21
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Filler and/or unloader of retort baskets by hand.
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22
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Filler and/or unloader of retort baskets by hand - A10
cans or larger.
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23
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Unloader of empty jars or bottles from containers and/or
washing machines.
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24
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Employee engaged in peeling melons.
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25
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Feeder by hand of raw or processed material to preparation
and/or filling machine (not
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elsewhere classified).
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26
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Check weigher.
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27
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Raker or forker of filled cans to pallets.
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28
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Feeder of machine, piecemeal by hand other than elsewhere
specified.
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29
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Washer of movable hoppers.
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30
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Carton sealer by hand.
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31
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Can or jar tapper.
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32
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Size grader machine attendant.
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33
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Supplier of product to hand fillers of consumer packs.
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34
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Lumper other than in a storage and dispatch area.
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35
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Market attendant on asparagus canning line.
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36
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Label inspector immediately after labelling.
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37
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Strapper of palletised cartons.
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38
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Assistant to controller of flow fruit, vegetables or
container to preparation, syruping
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and/or filling lines.
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39
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Trimmer or cutter of fruit or vegetables by hand.
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40
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Wiper of 4.5 to 18.2 litre cans after filling.
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41
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Sampler of peas for testing by tenderometer or
maturometer.
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42
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Dump rig employee other than in freezing chamber.
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43
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Sample card distributor on fruit receiver.
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44
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Carrier of trays by hand of filled material.
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45
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Feeder by hand of unformed cartons to automatic carton
forming and casing machine, pallets
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to depalletiser and empty cans to races and/or fillers.
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46
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Remover of waste material.
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47
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Can, bag or carton stenciller.
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48
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Bulk bin filler in freezing chamber.
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49
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Pre-heater attendant in fruit canning.
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50
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Washer of empty raw material containers.
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51
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Consumer pack filler by hand.
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52
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Packer by hand of filled and processed product in cartons.
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53
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Cartons assembler by hand (as defined).
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54
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Cleaner of factory floors, warehouse or stores.
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55
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Inspector of filled cans before closing.
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56
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Dry spaghetti packer by hand.
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57
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Feeder of potatoes to forming machine piecemeal by hand.
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58
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Inspector of empty cans, jars or bottles immediately
before filling.
|
|
|
59
|
Bulk filler by hand of potato crisp type, mixed peel or
crystallised cherry products
|
|
|
60
|
Can opener by hand.
|
|
|
61
|
Raker or forker of cans to pallets and/or races.
|
|
|
62
|
Filler and/or unloader of retort baskets by hand other
than A10 cans or larger.
|
|
|
63
|
Spreader of product material on dehydration trays.
|
|
|
64
|
Loader by hand of trays of filled material or prepared
product.
|
|
|
65
|
Feeding into and/or taking away piecemeal by hand from
labelling machine if
|
|
not in immediate charge of machine operation.
|
|
|
66
|
Trimmer, sorter, inspector, grader, dicer, and/or cutter
by hand of fruit or
|
|
vegetables in preparation other than elsewhere classified.
|
|
|
67
|
Closer by hand of jars or bottles.
|
|
|
68
|
Filler of consumer packs by hand (including spaghetti
filling) other than
|
|
elsewhere classified or packer by hand of filled and
processed product in cartons
|
|
|
69
|
Carton assembler by hand (as defined).
|
|
|
70
|
Dough breaker.
|
|
|
71
|
Filler by hand, folder by hand and/or automatic scale
inspector of frozen bulk pack.
|
|
|
72
|
Cap feeder attendant.
|
|
|
73
|
Feeder of consumer packs to filling machine or
heat-sealing machine piecemeal by hand.
|
|
|
74
|
Weigher of glazed and/or crystallised products for
consumer pack filling.
|
|
|
75
|
Feeder of empty containers to races and/or conveyors other
than by raking or forking where
|
|
such containers are subsequently washed, inspected,
preheated and/or filled (including
|
|
unloader of jars from continuous sterilising tunnel).
|
|
|
76
|
Washer of pulp tins, cans and/or glass containers.
|
|
|
77
|
Labeller and/or repairer by hand of cartons and/or
containers on line.
|
|
|
78
|
Consumer pack carton assembler (hand).
|
|
|
79
|
Filler by hand of cold preparations (2.3 to 18.2 litre
containers).
|
|
|
80
|
Feeder by hand of raw materials to preparation machine.
|
|
|
81
|
Unloader by hand of product material from machine and/or
conveyor.
|
|
|
82
|
Feeder of formed cartons to casing machine operator and/or
packer by hand of jars or bottles.
|
|
|
83
|
Pastry former.
|
|
|
84
|
Employees engaged on dim sim forming line.
|
|
|
85
|
Employee coding, wiping, glueing, sealing and/or
stencilling of cartons and/or consumer
|
|
packs by hand.
|
|
|
86
|
Feeder of unformed consumer packs to automatic carton
forming machine (piecemeal by hand).
|
|
|
87
|
Feeder of sachet packets to automatic filling machine
(piecemeal by hand).
|
|
|
88
|
Feeder of consumer packs to automatic cellophane wrapping
machine.
|
|
|
89
|
Inspector of berry punnets.
|
|
|
90
|
General hand, i.e., adult employee engaged on work not
elsewhere classified for adults.
|
|
|
3.8 Type of
Forklift - rates of pay as set out in Table 1, of Part B.
3.9 Juniors - The
weekly rate for the purposes of clause 8, Junior Employees, of this award,
shall be the appropriate percentage of the Base Rate prescribed in this clause
for the classification specified.
4. Rates of Pay
4.1 Adult
employees shall be paid in accordance with the rates prescribed in Table 1 -
Wages, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
Junior employees shall be paid an amount in accordance with clause 8, Junior Employees,
and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, of this
award.
4.2 Leading Hands
- In addition to the appropriate weekly wage prescribed in this clause for the
highest classified employee directly under their control and for whom they are
responsible, an adult employee employed as a leading hand (as defined) shall be
paid the further amounts set out in Item 1 of the said Table 2, such rates to
be payable for all purposes of the award. The amounts as set out in Item 1 of
Table 2 shall be added to the rates set out in the said Table 1.
5. Contracts of
Employment
5.1 Types of
Employment - An employer may employ persons covered by this award under one of
the following types of contracts of employment.
5.1.1 Permanent
Employees - employed on a permanent basis in which employment shall be
terminated by one week's notice on either side given at any time during the
week or by the payment or forfeiture, as the case may be, of one week's
ordinary wages except as provided by 5.3 and 5.6.
5.1.2 Seasonal
Employees - employed on a two-day basis only during the season (as defined),
including the winter season (as defined), in which case employment shall be
terminated by two days' notice on either side, given at any time during the
day, or by the payment or forfeiture, as the case may be, of two days' ordinary
wages except as prescribed by 5.5 and 5.7.
5.1.3 Short Term
Employees - employed for a limited period of less than 12 months duration. On engagement the employer shall notify the employee
of the estimated duration of the employment period.
5.1.4 Casual
Employees - employed on a casual basis only during the season (as defined),
excluding the winter season (as defined), in which case employment shall be
terminated by one hour's notice on either side given at any time or by the
payment or forfeiture, as the case may be, of one hour's ordinary pay at the
casual rate then applying. The rate of
pay for a casual employee shall be as prescribed by 5.10.
Subject to the provisions of 5.4.1, the employment of a
casual outside any season can be:
(a) by agreement
between the employer and casual employee concerned: or
(b) at the
request of an
employer to the
union for agreement (where
such agreement is
requested, the union shall not
unreasonably withhold its consent).
5.1.5 Sick Leave and
Annual Leave Entitlement - Permanent, seasonal and short term employees shall
be entitled to annual leave and sick leave in accordance with the provisions of
clause 20, Annual Leave and clause 21, Sick Leave.
5.2 Statement of
Class of Employment - Upon commencing any engagement for an employer, the
employee shall be given a statement in writing by the employer notifying which
class of engagement the employee is being employed on and containing the
appropriate terms of such engagement as provided for in this clause.
5.3 Termination of
Employment During the First Week - Employment may be terminated by one hour's
notice on either side at any time during the first week of employment or the
payment or forfeiture, as the case may be, of one hour's ordinary pay at the
rate then applying. Provided that where the employer terminates the employment
during the first week of engagement and such termination is for a reason other
than those prescribed in 5.4.1, the employee shall be paid casual rates for all
work done by the employee.
5.4 Termination of
Employment Without Notice -
5.4.1 Subject to the
respective notices of termination specified in 5.1 and 5.3, an employer shall
have the right to instantly dismiss any employee without notice for gross
misconduct, in any of which cases, wages shall be due only up to the time of
dismissal at the rate then applying.
5.4.2 In the event of
an employee being summarily dismissed, such employee shall be given a written
statement of the reason for such dismissal on the day of such termination or it
shall be forwarded to the employee by post on the next ordinary working day.
5.4.3 At the request,
made within 28 days of the termination of employment, by an employee, other
than a casual employee, whose services are terminated by the employer for any
reason other than those mentioned in 5.4.1 the employer shall give a statement
in writing that the termination was not made for any of those reasons.
5.5 Work to
Continue During Period of Notice - An
employee who has given
or been given the
required notice of termination
of employment under this clause
shall continue at work until
the expiration of such notice, unless absent with
reasonable cause (proof of which shall
be upon the employee), failing which
the employee shall be deemed to
have abandoned the employment from the commencement of such
absence and shall not be entitled to payment for work done during the
period of the required notice.
5.6 Termination -
Sick Leave, Annual Leave and Bereavement Leave - No employee shall give or be
given notice whilst the employee is absent from work on account of paid sick
leave in accordance with clause 21, Sick Leave, on account of annual leave in
accordance with clause 20, Annual Leave, and on account of bereavement leave in
accordance with clause 24, Bereavement Leave, of this award.
5.7 Termination by
Mutual Agreement - Nothing in this clause shall prevent a mutual agreement
being reached between an employee and the employer for the required notice of
termination of employment to be waived or reduced.
5.8 Deduction of
Wages - An employer may deduct wages for any day on which the employee has not
commenced work and on which the employee cannot be usefully employed because of
any strike by any other employees who are members of the Union and further
employees not attending for duty shall, except as provided by clauses 18,
Holidays, and 21, Sick Leave, lose their pay for the actual time of
non-attendance.
5.9 Terms of
Transfer of Employees -
5.9.1 At the end of
the season, an employer may transfer a seasonal employee to employment as a
permanent employee.
5.9.2 When the season
commences, an employer may transfer a permanent employee with less than one
month's continuous service to employment as a seasonal employee to process
peas, asparagus, citrus fruits (concentrated juice) or apples.
5.9.3 Any transfer
made under the provisions of this subclause shall not terminate the employment
or break the continuity of employment of the employee so transferred, and the
employee shall be then given a statement by the employer of the terms of the
employee’s new class of engagement as provided in 5.2.
5.10 Casual Rates of
Pay -
5.10.1 Ordinary Hours -
For work performed during ordinary hours casual employees on day work shall be
paid at a rate 20 per cent more per hour than the equivalent of the weekly
rates prescribed for work of the class performed by them.
5.10.2 Shift Rates -
Casual employees on shift work shall be paid for ordinary hours at the
appropriate rates prescribed in 5.10.1, plus 15 per cent thereof for afternoon
shift work, plus 30 per cent thereof for night shift.
5.10.3 Saturdays,
Sundays and Holidays - Overtime - The rates of pay for casual employees for overtime
or for work on Saturdays, Sundays and holidays shall be time and a half or
double time, double time and a half, or treble time, as appropriate, in
accordance with clauses 12, Overtime - Rates and Conditions, and 19, Sunday and
Holiday Rates, calculated as to casual day workers or day-shift workers on
1/38th of the appropriate weekly rate for the work; for such work by a casual
employee on afternoon or night shift the rates ascertained for day workers or
day shift workers shall have added to them
in the case of afternoon shift 15 per
cent or in the case of night
shift 30 per cent.
5.10.4 Minimum Payment
- Subject to 5.7, and unless instantly dismissed earlier for a reason mentioned
in 5.4, a casual employee for any ordinary working day or shift upon which the
employee is notified to work shall be entitled to a minimum payment as for two
hours' work. Where work is required on
a Saturday or Sunday or holidays by a casual employee, the employee shall be
entitled to the same minimum periods of payment as are provided for permanent
or seasonal employees in the same circumstances.
5.11 Notice to Work
- A casual employee shall be notified at the end of the day's work or shift
whether their services will be required for work on the following day or shift.
5A. Secure Employment
(a) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(b) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(c) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
6. Prohibition of
Outdoor and/Or Contract Work
6.1 No employer
shall give out work or permit work to be performed by an employee at any place
other than a registered factory; and no employee shall perform work for any
employer at any place other than a registered factory.
6.2 An employee
shall not perform work by contracting, sub-contracting, sub-letting or other
similar systems.
7. Special Rates
7.1 In addition to
the rates of pay prescribed elsewhere in this award for any class of employee,
the following extra rates shall be paid for the time an employee is working in
the circumstances specified hereunder:
7.2 Wet Places -
An employee (other than a cleaner of machinery, equipment, vats and the like)
working in any place where the employee's clothing or footwear becomes wet
shall be paid an amount as set out in Item 2 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, such extra rate to continue for all time
that the employee is required to work in wet clothing or footwear; provided
that such extra rate shall not be payable to an employee who is provided by the
employer with suitable and effective protective clothing and/or footwear. All
protective footwear supplied to an employee under this subclause shall, if
previously worn by another person, be properly sterilised before being issued
to that employee.
7.3 Dirty Work -
Cleaning Railway Trucks - An employee shall not be required to load or stack
goods into a railway van which is in a dirty or offensive condition. An
employee may be required to clean out a railway truck or railway van which is
in such a condition, and whilst so employed shall be paid an amount as set out
in Item 3 of Table 2, with a minimum payment therefore on any day as also set
out in Item 3.
7.4 Heavy Weights
- An employee required to lift, carry or stack by hand crates, cases, tubs or
other containers of goods or commodities of any description weighing over 40.8
kg for more than half an hour continuously - an amount as set out in Item 4 of
Table 2.
7.5 Carton
Stacking - An employee required to work singly packing-off from one or more
labelling lines when the weight of each carton is 22.7 kg or more - an amount
as set out in Item 5 of Table 2.
7.6 Cold
Temperatures - Any employee required to work in cold temperatures shall be paid
extra rates as follows, whilst in temperatures -
7.6.1 between 7
degrees and minus 1 degree Celsius (inclusive) - an amount as set out in Item 6
of Table 2;
7.6.2 between minus 2
and minus 18 degrees Celsius (inclusive) - an amount as set out in Item 7 of
Table 2;
7.6.3 below minus 18
degrees Celsius - an amount as set out in Item 8 of Table 2.
7.7 The
appropriate extra hourly rate shall be paid for any hour or part of an hour
during which the employee is working in the temperature ranges prescribed
above: Provided that if during any hour the employee works in more than one
temperature range, the employee shall be entitled for that hour only to the
rate applicable for the lower or lowest temperature range in which the employee
has worked.
7.8 Pea-vining
Stations -
7.8.1 An employee at
a pea-vining station who is required to live away from home in the course of
that employment shall be paid, in addition to the wage rates prescribed by this
award, such allowance as will be sufficient to meet the cost of reasonable
board and lodging.
7.8.2 An employee
engaged on or about a pea-vining machine or station (not including a mobile
pea-viner) which is located away from the processing factory shall receive an
additional amount as set out in Item 9 of Table 2.
7.9 Rates Not
Subject to Penalty Additions - The extra hourly rates herein prescribed shall
be paid irrespective of the times at which the work is performed and shall not
be subject to any premium or penalty additions.
7.10 Fumigation Gas
- An employee using methyl bromide gas in fumigation work shall be paid a
special rate as set out in Item 10 of Table 2.
8. Junior Employees
8.1 Junior
employees employed on any classification other than as prescribed in sub-group
B of Group 6 of 3.7.2 of clause 3, Wages and Classifications, shall be paid the
appropriate adult rate of pay for such classification.
8.2 The minimum
rates of wages for a junior employee employed on a classification prescribed in
sub-group B of Group 6 of 3.7.2 of clause 3, Wages and Classifications, shall
be 75 per cent of the weekly wage of such group.
8.3 The
calculation of rates and wages pertaining to the above percentage shall be made
in multiples of 5 cents, amounts of 2 cents or less shall be taken to the lower
multiple and amounts in excess of 2 cents shall be taken to the higher
multiple.
9. Mixed Functions
9.1 The employer
may require an employee to temporarily perform work other than that for which
the employee was engaged or on which the employee is usually employed under
this award: Provided that such an employee shall not suffer any reduction in
the rate of pay for the work or classification upon which the employee is
usually employed unless or until the terms and conditions of employment of the
employee are altered by the same notice given by the employer as is required in
this award in cases of termination of employment.
9.2 Where an employee
is required under 9.1 to temporarily perform other work and that work is
classified by this award at a higher rate of pay or (in respect of any
classification not provided in this award) is classified at a higher rate of
pay under any other award, binding upon the employer in respect of that work,
the employee shall be paid for the whole of the time employed on such work at
the rate of pay prescribed for such higher classification; Provided that such
employee shall be paid at the rate of such higher classification for the whole
of the day if such work is performed for over two ordinary hours on any day and
for the whole of the week if such work
is performed for over twenty ordinary hours in any week.
9.3 An employee
temporarily placed on other work under 9.1 shall, if such work is classified
under this award at a higher rate of pay, be entitled to the conditions of
employment applicable to such higher classification; but if the employee is
temporarily placed on work other than that mentioned in this subclause, the
conditions of employment under this award applicable to the employee's usual
classification or class of work shall continue to apply.
9.4 Where any
employee is placed on other work under 9.1, and such work is performed
continuously over a period in excess of four weeks or where such employee is
relieving for a period of annual leave, whichever is the longer, such employee
shall not suffer a reduction in the rate pursuant to this clause except by the
same notice given as required in the award in cases of termination of
employment.
10. Hours of Work
10.1 The ordinary
hours of work shall be 38 per week.
10.2 Except for
shift workers, the ordinary hours of work shall be worked in five days of not
more than eight hours continuously except for breaks for meals between 6.00
a.m. and 6.00 p.m. on Mondays to Fridays inclusive. Provided that where as a result of the introduction of 6.00 am -
6.00 p.m. as ordinary hours of work an existing employee (as at 28 August 2002)
may lose regular or usual overtime, that change with respect to that employee
shall be preceded by consultation with the employee (and where the employee is
a member, consultation with the union) and if the consultation fails to resolve
the matter it shall be settled in accordance with the settlement of disputes
procedure.
10.3 The daily
starting and finishing times for day work shall be fixed by the employer within
the spread of hours prescribed by 10.2 hereof and shall not be altered except
on one week's notice, or during the season, two days' notice, given to the
employee.
10.4 An employee on
day work or day shift may be transferred to an afternoon or night shift on at
least 48 hours notice by the employer.
Where an employee is so transferred without at least 48 hours notice,
the shift or part thereof worked by the employee without that notice shall, for
the purpose of this clause be deemed to be part of the employee's ordinary 38
hours of work. Such work shall be paid
for at an extra half rate for the first three hours and an extra full rate
thereafter on a daily basis in addition to the employee's ordinary rate of pay
and appropriate shift penalties.
Provided that this subclause shall not apply where with the consent of
the employer, an employee agrees with
another employee independently to exchange a rostered shift to suit the
mutual convenience of the employees concerned.
10.5 Rostered days
off falling on a public holiday
10.5.1 An employee who
work continuous work and who by the circumstances of the arrangement of the
employee's ordinary hours of work is entitled to a rostered day off which falls
on a public holiday prescribed by this clause shall, at the discretion of the
employer, be paid for that day 7.6 hours at ordinary rates or have an
additional day added to the employee's annual leave. This provision shall not apply when the public holiday on which
the employee is rostered off falls on a Saturday or Sunday.
10.5.2 In the case of
an employee whose ordinary hours of work are arranged in accordance with
10A.2.2 or 10A.2.4, the week day to be taken off shall not coincide with a
public holiday fixed in accordance with clause 18, Holidays. Provided that, the event that a public
holiday is prescribed after an employee is given notice of the employee's week
day off and the public holiday falls on the week day the employee is to take
off, the employer shall allow the employee to take the day off on an alternate
week day.
10A. Implementation
of 38 Hour Week
10A.1 Ordinary hours of
work shall be an average of 38 per week as provided in clauses 10, Hours of
Work, and 11, Shift Work.
10A.2 Except as provided
by 10A.4 and 10A.5 hereof, the method of implementation of the 38 hour week may
be any of the following:
10A.2.1 by
employees working less than eight ordinary hours each day; or
10A.2.2 by
employees working less than eight ordinary hours on one or more days each week;
or
10A.2.3 by
fixing one weekday on which all employees will be off during a particular work
cycle; or
10A.2.4 by
rostering employees off on various days of the week during a particular work
cycle so that each employee has one week day off during the cycle.
10A.3 In each plant, an
assessment should be made as to which method of implementation best suits the
business and the proposal shall be discussed with the employees concerned, the
objective being to reach agreement on the method of implementation.
10A.4 Subject to 10.4,
the employer and the majority of employees in the plant or sections or sections
concerned may agree that the hours of work are to exceed eight on any day, thus
enabling a weekday off to be taken more frequently than would otherwise apply.
10A.5 Circumstances may
arise where different methods of implementation of the 38 hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
10A.6 Notice of days off
Except as provided in 10A.7 and 10A.8 hereof, in cases
where, by virtue of the arrangement of employee's ordinary working hours, an
employee, in accordance with 10A.2.3 and 10A.2.4 hereof, is entitled to a day
off during the employee's work cycle, such employee shall be advised by the
employer at least four weeks in advance of the weekday the employee is to take
off. Provided that lesser period of
notice may be agreed by the employer and majority of employees or section or
sections concerned.
10A.7 Substitute days
10A.7.1 An
employer, with the agreement of the majority of employees concerned may
substitute the day an employee is to take off in accordance with 10A.2.3 and
10A.2.4 hereof for another day in the case of a breakdown in machinery or a
failure or shortage of electric power or to meet the requirements of the
business in the event of rush orders or some other emergency situation.
10A.7.2 An
individual employee, with the agreement of the employer, may substitute the day
the employee is to take off for another day.
10A.8 Flexibility in
relation to rostered days off
10A.8.1 Notwithstanding
any other provision of this clause, where the ordinary hours of work of an
establishment, plant or section are organised in accordance with 10A.2.3 and
10A.2.4 hereof an employer, the union and the majority of employees in the
establishment, plant, section or sections concerned may agree to accrue up to a
maximum of five rostered days off in special circumstances such as where there
are regular and substantial fluctuations in production requirements in any
year.
10A.8.2 Where
such agreement has been reached the accrued rostered days off must be taken
within twelve months on which they fall due.
10A.8.3 It is
understood between the parties that the involvement of the union would be
necessary in cases where it has members in the plants concerned and not in
non-union establishments.
11. Shift Work
11.1 Definitions of
Shift Work
"Day Shift'' shall not commence before 6.00 a.m.
"Afternoon Shift'' means any shift commencing
after 6.00 p.m. and at or before midnight.
"Night Shift'' means any shift finishing after
midnight and at or before 8.00 a.m.
11.2 Requirements to
Work Shift Work
Subject to 11.1, 11.6 and 11.7 hereof and clause 10A,
Implementation of 38 Hour Week, an employer may require any employee to perform
a week's work on shift work of five shifts of 8 hours each. Such shifts shall be worked between 11.00
p.m. on a Sunday and 8.00 a.m. on the following Saturday.
11.3 Shift Rates
Except where a higher rate of pay is provided under
clause 19, Sunday and Holiday Rates, for work on a Sunday or holiday, payment
for any afternoon shift shall be at ordinary time plus 15 per cent, and for any
night shift shall be at ordinary time plus 30 per cent. Provided that as to casual employees on
shift work, subclause 5.10.2 of clause 5, Contracts of Employment, shall apply.
11.4 Meal Breaks on
Shift Work
A meal break of 30 minutes shall be allowed to shift workers
on all shifts, other than day shift, to be taken as nearly as possible in the
middle of the shift. Where three shifts
(day, afternoon and night) are worked, the time of such meal break will be
counted and paid for as time worked.
11.5 Restrictions
No employees under the age of 18 years shall be
employed on night shift.
11.6 Alteration -
Times of Duties
The commencing and finishing times of shift work shall
be fixed by the employer and shall not be altered except on one week's notice
or, during the season, two days' notice, given to the employee.
11.7 Shift Transfers
An employee on afternoon or night shift may be
transferred to day work, day shift or another shift on at least 48 hours'
notice by the employer. Where an
employee is so transferred without at least 48 hours' notice, any day or shift
or part thereof worked by the employee shall be deemed to be part of the
employee's 38 hours of employment. Such
work shall be paid for at an extra half-rate for the first 3 hours and an extra
full rate thereafter on a daily basis in addition to the employee's ordinary
rate of pay and shift penalties, if applicable. Provided that this subclause shall not apply where, with the
consent of the employer, an employee agrees with another employee independently
to exchange a rostered shift to suit the mutual convenience of the employees
concerned.
12. Overtime
12.1 Subject to the
other provisions of this clause and subject further to clause 19, Sunday and
Holiday Rates, overtime shall be paid to employees (other than casual
employees) at the following rates:
12.1.1 Day Workers
Monday to Friday Inclusive
For all time worked before 6.00a.m. or after 6.00p.m.
or before the fixed starting time or after the fixed finishing time on any day,
Monday to Friday inclusive, or in excess of 8 ordinary hours on any such day -
time and one-half for the first three hours and double time thereafter, such
double time to continue until the completion of the overtime work.
12.1.2 Saturday
For all time worked on a Saturday until noon - time and
a half for the first three hours and
double time thereafter, and after noon - double time.
Dayworkers on Piecework - The foregoing provisions for
day workers shall apply to pieceworkers on day work on the basis of one and
one-half and double piecework rates being respectively payable in place of time
and one-half and double time.
12.1.3 Shift Workers
(a) For all time
worked before the fixed starting time of any shift or after the fixed finishing
time of any shift or in excess of 8 hours on any shift, or in excess of 38
ordinary hours on shift in any week - time and one-half for the first three
hours and double time thereafter, plus, for all such overtime, 15 per cent of
ordinary time if on afternoon shift or 30 per cent of ordinary time if on night
shift. Such entitlements shall continue
until the completion of overtime work.
(b) Where work
commences on a Saturday, until noon - time and one- half for the first three
hours and double time thereafter up to noon, plus for all such work 15 per cent
of ordinary time if on afternoon shift; and after noon - double time, plus 15
per cent of ordinary time if on afternoon shift or 30 per cent of ordinary time
if on night shift.
12.2 Day's Work - to Stand Alone - Except as otherwise provided in 12.1 and 12.3, in calculating
overtime each day's work shall stand alone.
12.3 Eight Hours'
Break After Overtime -
12.3.1 When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive days.
12.3.2 An employee
(other than a casual employee) who works so much overtime between the
termination of their ordinary work on one day and the commencement of the
employee’s ordinary work on the next day that the employee has not had at least
eight consecutive hours off duty between those times shall, subject to this
subclause, be released after completion of such overtime until the employee has
had eight consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
12.3.3 If, on the
instructions of the employer, such an employee resumes or continues work
without having had such eight consecutive hours off duty, the employee shall be
paid at double rates until the employee is released from duty for such period,
and the employee shall then be entitled to be absent until they have had eight
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
12.4 Minimum Payment
on Saturday - In the case of an employee on day work being notified to work
overtime on a Saturday or being notified to work overtime on a Saturday and on
reporting for duty is advised that their services are not required, the
employee shall be paid as for a minimum of two and one- half hours' work
calculated at the rate of time and one-half until 12 noon and at double time
thereafter, subject to the rate of double time applying when an employee is
notified to report for work at 12 noon or later.
The provisions of the foregoing paragraph shall also
apply to an employee on shift work, except that the minimum payment for
afternoon or night shift employees shall be as for two and one-half hours' work
at double time plus 15 or 30 percent, respectively, of ordinary time.
12.5 Call Back -
An employee recalled to work overtime after leaving
their employer's business premises (whether notified before or after leaving
the premises) shall be paid for a minimum of four hours' work at the
appropriate rate for each time the employee is so recalled, provided that,
except in the case of unforeseen circumstances arising, the employee shall not
be required to work the full four hours if the job the employee was recalled to
perform is completed within a shorter period.
This subclause shall not apply in cases where it is customary for an
employee to return to the employer's premises to perform a specific job outside
their ordinary working hours, or where the overtime is continuous (subject to a
reasonable meal break) with the completion or commencement of ordinary working
time.
Overtime worked in the circumstances specified in this
subclause shall not be regarded as overtime for the purpose of 12.3 of when the
actual time worked is less than three hours on such recall or on each of such
recalls.
12.6 Requirement to
Work Reasonable Overtime -
An employer may require any employee to work reasonable
overtime, including work on Saturdays and Sundays, at overtime rates, and such
employee shall work overtime in accordance with such requirement: Provided that
no junior employee under the age of 18 years shall be required or permitted to
work for more than 12 hours (exclusive of meal-breaks) after commencing work on
any day.
Provided further that during the season weekend work
shall be arranged by the employer to allow, whenever possible, an average of
one Saturday or Sunday free of duty in every two weekends.
13. Meal Break and
Allowances
13.1 Subject to the
provisions of this clause, no day work or day shift employee shall work for
more than five and a half hours without a break for a meal, which break shall
be 30 minutes except where the employer and the majority of employees covered
by this award agree to a break of not more than one hour nor less than 30
minutes.
Provided that, where a system of 12-hour days or shifts
is worked, no employee shall work for more than six hours without a break for a
meal.
13.2
13.2.1 The time of
taking a scheduled meal break or rest break by one or more employees may be
altered by an employer with 24 hours notice if it is necessary to do so in
order to meet a requirement for continuity of operations.
13.2.2 An employer may
stagger the time of taking a meal break and rest break to meet operational
requirements.
13.3 No additional
tea or meal break shall apply where a day work or day shift employee finishes
work for the day not later than 1.5 hours after the end of the employee’s
ordinary hours on any ordinary day or at that time on a Saturday, Sunday or
holiday.
13.4 No midday meal break
shall apply where a day work or day shift employee finishes work for the day at
or before 12.30 p.m. on a Saturday, Sunday or holiday.
13.5 In the case of
shift workers, when working overtime including a Saturday, Sunday or holiday
shift, a further meal break of 30 minutes shall be allowed at the end of such
shift where more than 1.5 hours' further work is to be performed. Such further meal break shall be paid for as
time worked.
13.6
13.6.1 For work
performed by a day worker or day shift worker during the employee's recognised
midday meal break on any ordinary day, time and a half rate shall apply until a
meal break is allowed or until cessation of ordinary hours on the day,
whichever is the earlier. Provided that
the employer shall not be obliged to pay such overtime rates to an employee
working through the employee’s recognised meal break when that employer grants
to the said employee an earlier meal break commencing not more than 30 minutes
before the employee’s recognised meal break.
13.6.2 Where a day
worker or day shift worker is required to work on a Saturday, Sunday or
holiday, the employee shall be notified by the employer on the preceding actual
working day of the time that the midday meal break will be taken.
13.6.3 For work
performed by a day worker or a day shift worker on a Saturday, Sunday or
holiday during such notified midday meal break, the rate of pay then being
received by the employee shall be increased by one-half until a meal break is
allowed or until work ceases for the day, whichever if the earlier.
13.6.4 Provided that
the employer shall not be obliged to pay such additional rate to an employee
working through the employee’s notified meal break where that employer grants
to the said employee an earlier meal break commencing not more than 30 minutes
before the employee’s notified meal break.
13.7
13.7.1 Where a day-work
or day-shift employee is required and does in fact work for more than 9.5 hours
on any day, such employee shall either be supplied by the employer with a meal
consisting of two courses, one of which shall be a hot meat (or fish) and
vegetables or be paid an amount as set out in Item 11 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates.
13.7.2 Should such an
employee refuse to work a minimum of two hours' overtime or additional overtime
(as the case may be), if so required by the employer, the employee shall
forfeit any right to payment of a meal allowance.
13.7.3 Payment of such
meal allowance shall not apply in the case of an employee living within a
walking distance of not more than half a mile from the place of employment, if
one hour is allowed as time for a meal.
13.8 Meal or Meal
Allowances - Shift Workers - The provisions of 13.7.1 and 13.7.2 shall also
apply to a shift worker other than a day-shift worker, if the employee is
required to and does in fact work for more than nine and a half hours on any
day or if such employee performs an additional four hours of work after the
nine and a half hours as aforesaid.
14. First-Aid Attendant
14.1 Every employer
shall appoint at least one competent person to be in charge of first-aid on
each day or shift.
14.2 If any such
person so appointed in accordance with 14.1 is employed under the terms of this
award, the employer shall pay to the employee’s a minimum amount as set out in
Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in
addition to all other payments due to the employee under this award.
14.3 The name of
each person or persons in charge of first-aid on each shift shall be clearly
displayed on the notice board in the establishment.
14.4 It shall be a
defence to a prosecution for breach of 14.1 if the employer can show that the
employee has taken all reasonable steps to obtain a competent person in
first-aid, including regular advertising for such person and approaching their
existing employees to train as first-aid attendants.
NOTE: Relevant requirements of the applicable
Occupational Health and Safety legislation and regulations, as amended from
time to time should be considered.
15. State Wage Case
Adjustments
The rates of pay in this Award include the adjustments
payable under the State Wage Case 2007.
These adjustments may be offset against:
(a) any equivalent
overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
16. Morning and
Afternoon Tea
Employees shall be allowed morning and afternoon tea at such
times and in such manner as shall not interfere with the continuous running of
the factory.
17. Free Tea, Coffee,
Milk and Sugar
Tea and coffee, which may be instant coffee, together with
milk and sugar shall be supplied free of charge by the employer to all
employees during meal breaks and morning and afternoon tea breaks.
18. Holidays
18.1 The following
days shall be holidays for the purposes of this award: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday,
Anzac Day, Labour Day, Queen's Birthday, August Bank Holiday, Christmas Day,
Boxing Day, Union Picnic day (to be observed during the period from June 1 to
November 15, and the union to notify the employer (in writing) of the date to
be observed throughout the State or such other day as is generally observed as
such holiday), and any other day proclaimed as a holiday to be observed
throughout the State or such other day as is generally observed in the locality
as a substitute for any of the aforesaid days, respectively, other than Union
Picnic Day.
18.2 Payment for
holidays:
18.2.1 Subject to the
other provisions of this clause, employees (other than casuals) who are not
required to work on any of such holidays during all or some of the hours which
on any other day would have been their ordinary hours, shall be paid for such
ordinary hours not worked (or not paid for under clause 19, Sunday and Holiday
Rates) at ordinary time plus (where appropriate) the shift allowance of 15 or
30 per cent thereof prescribed for afternoon and night shift workers, as the case
may be.
18.2.2 This subclause
shall not apply to holidays observed on days which would otherwise have been
ordinary working days.
18.2.3 An employee in
receipt of workers' compensation in respect of any day observed as a holiday
shall not be entitled to payment under this clause for time not worked on that
day.
18.3 Absence Before
or After Holiday - An employee who is not required to work on any holiday shall
not be entitled to payment under 18.2 if the employee is absent from work on
the actual working day immediately before or after the holiday, unless the
employer consented to such absence or the employee is absent through
circumstances beyond the employee’s control:
Provided that where payment for more than one holiday not worked could
be involved through such absence, the employee shall be disentitled to payment
only for one holiday, unless the
employee is absent on the actual working days both immediately before and
immediately after such holidays.
18.4 Notification to
work on a holiday:
18.4.1 An employee
(other than a casual) shall be notified by the employer at least seven days
prior to a holiday that such employee is required to work on that holiday:
Provided that an employee whose employment commences less than seven days
before any holiday shall be notified of such a requirement upon engagement.
18.4.2 Notification of
any requirement to work on a holiday shall be given to the employee personally
or by posting a notice to all employees concerned in a prominent position in
the employer's establishment or the relevant section or sections thereof.
18.5 Failure to Work
on a Holiday After Agreement or Requirement - An employee who fails to attend
for duty on a holiday after being required or agreeing to work thereon in
accordance with 18.4 shall not be entitled to payment under18.2 for a holiday
not worked, except where the employee’s absence is due to circumstances beyond
the employee’s control, proof of which may be required by the employer:
Provided that, where in cases of absence mentioned above, payment for more than
one holiday not worked may be involved,
the employee shall be disentitled to payment only for one holiday,
unless the employee is absent on the actual working days both immediately preceding
and succeeding the holidays.
18.6 Payment for
Holidays - Special Circumstances - An employee, other than a casual, whose
employment is terminated (other than by instant dismissal in accordance with
clause 5, Contracts of Employment - of
this award) less than seven days before any holiday, and who is re-engaged less
than 14 days after the holiday, shall be paid on re-engagement one additional
day's pay at the rate specified in 18.2 if the holiday was observed on what
otherwise would have been an ordinary working day. In the case of such a termination before Good Friday or Christmas
Day and re-engagement less than 14 days after the following Easter Monday or
New Year's Day, as the case may be, the employee shall be paid one day's pay at
the rate specified in respect of each of the intervening holidays other than
Easter Saturday.
18.7 Definition of
Christmas Day - For the purpose of payment prescribed by this clause for work
on Christmas Day and in a year where Christmas Day falls on a Saturday or a
Sunday and the legislation of the State or the Government of the State in which
the employee is employed proclaims or declares another day in substitution for
Christmas Day or a holiday additional to Christmas Day, the rate of treble time
shall be paid for work done on 25 December in any such year and for work upon
the said substituted day or additional holiday, as the case may be, shall be
paid at the rate of double time and one-half.
19. Sundays and
Holiday Rates
19.1 Day Workers
Other than Pieceworkers - All work by day workers (other than piecework)
performed on Christmas Day and Good Friday shall be paid for at the rate of
treble time, on other holidays at the rate of double time and one-half, and on
Sundays at the rate of double time. The minimum payment shall be as for four
hours' work at treble time, double time and one-half or double time, as the
case may be. Such treble time, double
time and one-half or double time shall continue until the completion of the
work commenced on the Sunday or holiday.
19.2 Day Workers -
Piecework - All piecework performed by day workers on Christmas Day and Good
Friday shall be paid for at treble rates, on other holidays at the rate of
double and one half rates, and on Sundays at double rates, such treble or
double and one half rates or double rates to continue until the completion of
the work commenced on the Sunday or the holiday.
The minimum payments to pieceworkers on day work on
Sundays and holidays shall be as for four hours' work at double time, double
time and one half or treble time rates, as the case may be.
19.3 Shift Workers -
Subject to 19.4 and 19.5, shift workers for all time worked on a Sunday or
holiday shall be paid in accordance with 19.1 or 19.2 of this clause (as
appropriate) plus 15 or 30 per cent of ordinary time, or ordinary piece rates
(as appropriate) according to their shift.
19.4 Definitions -
Where shifts fall partly on a holiday, that shift the major portion of which
falls on the holiday shall be regarded as the holiday shift and be payable at
the appropriate rates under 19.1 or 19.2: Provided that, by agreement between
the employer and the union, the shift which commenced during the holiday may be
observed as the holiday shift, in which case holiday rates shall not be payable
for any part of the preceding shift worked during such holiday.
19.5 Work Performed
Between 11 p.m. and Midnight Sundays -
Where shifts commence between 11 p.m. and midnight on a Sunday, the times so
worked before midnight shall not entitle the employee to the Sunday rate of
pay, but to the rate payable for the following day.
19.6 Reporting for
Duty and Not Required to Work - In the case of an employee (including a
pieceworker) working on a Sunday or holiday or being notified to work on a
Sunday or holiday, and on reporting for duty is advised that their services are
not required, the employee shall be paid -
19.6.1 in the case of a
Sunday, as for a minimum of two and a half hours' work at the rate of double
time if a day worker, and at double time plus 15 per cent or 30 per cent of
ordinary time (as appropriate) if a shift worker;
19.6.2 in the case of
Christmas Day and Good Friday, as for a minimum of two and a half hours' work
at the rate of treble time for a day worker and at treble time plus 15 per cent
of ordinary time (as appropriate) if a shift worker;
19.6.3 in the case of
any other holiday prescribed by 18.1, as for a minimum of two and a half hours'
work at double time and one-half if a day worker, or double time and a half
plus 15 per cent or 30 per cent of ordinary time (as appropriate) if a shift
worker.
20. Annual Leave
20.1 Period of
Leave - Except as hereinafter provided,
a period of 28 consecutive days' leave with payment of ordinary wages as
prescribed shall be allowed annually to an employee (other than a casual
employee) by their employer after a period of twelve months' continuous service
(less the period of annual leave) with such employer.
20.2 Leave exclusive
of Public Holidays -
20.2.1 If any holiday
mentioned in clause 18, Holidays, of this award, falls within an employee's period
of annual leave and is observed on a day which in the case of that employee
would have been an ordinary working day, there shall be added to that period
one working day for each such holiday observed as aforesaid.
20.2.2 Subject to
anything hereinbefore contained an employee shall not be entitled to payment
for any holiday which falls within the employee’s period of annual leave and is
observed on a day which in the case of such employee would otherwise have been
an ordinary working day if, except for reasonable cause (proof whereof shall be
upon the employee) the employee fails to resume work at their ordinary starting
time on the working day immediately following the period comprising their
period of leave (extended by any such intervening holiday or holidays) and to
remain at work thereafter for the number of days equivalent to the number of
such holidays.
20.3 Time of Leave
Taking - Annual leave shall be given at a time fixed by the employer within a
period not exceeding six months from the date when the right to annual leave
accrued and after not less than one month's notice to the employee:
Provided that a shorter period of notice may be given
by mutual agreement between the employer and the employee and with the
concurrence of the branch secretary of the union:
Provided further that the said period of six months may
be extended by a further period not exceeding six months by mutual agreement in
writing between the employer and the employee and with the concurrence of the
branch secretary of the union.
20.4 Leave to be
Taken - The annual leave provided for by this clause shall be allowed and shall
be taken, and except as provided in 20.6 and 20.7 of payment shall not be made
or accepted in lieu of annual leave.
20.5 Payment for
Period of Annual Leave - Each employee
before going on leave shall be paid the wages the employee would have received
in respect of the ordinary time the employee would have worked had the employee
not been on leave during the relevant period.
Subject to 20.6 each employee shall, where applicable,
have the amount of wages to be received for annual leave calculated by
including the following where applicable:
20.5.1 Timeworkers
(other than Pieceworkers) -
(a) The rate
applicable to the employee as prescribed by clauses 3, Wages and
Classifications; 8, Junior Employees; 14, First-Aid Attendant; and
(b) Subject to
20.6.2 the rate prescribed for work in ordinary time by clause 11, Shift Work,
of the award, according to the employee’s roster or projected roster;
(c) The rate
payable pursuant to clause 10, Hours of Work, of this award, calculated on a
daily basis which the employee would have received for ordinary time during the
relevant period whether on a shift roster or otherwise.
(d) Any other rate
to which the employee is entitled in accordance with their contract of
employment for ordinary hours of work: provided that this provision shall not
operate so as to include any payment which is of a similar nature to or is paid
for the same reasons as or is paid in lieu of those payments prescribed by
clause 7, Special Rates; clause 12, Overtime; and 28.2 of this award, nor any
payment which might have become payable to the employee as reimbursement for
expenses incurred.
20.6 Loading on
Annual Leave - During a period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by 20.5.1.
The loading shall be as follows:
20.6.1 Day Workers - an
employee who would have worked on day work only had the employee not been on
leave - a loading of 17.5 per cent.
20.6.2 Shift Workers -
an employee who would have worked on shift work had the employee not been on
leave - a loading of 17.5 percent.
Provided that where the employee would have received
shift loadings prescribed by clause 11, Shift Work, had the employee not been
on leave during the relevant period and such loadings would have entitled him
to a greater amount than the loading of 17.5 per cent, then the shift loadings
shall be added to the rate of wage prescribed by 20.5.1 in lieu of the 17.5 per
cent loading:
Provided further, that if the shift loadings would have
entitled the employee to a lesser amount than the loading of 17.5 per cent then
such loading of 17.5 per cent shall be added to the rate of wage prescribed by
20.5.1 in lieu of the shift loadings.
The loading prescribed by this subclause shall not
apply to proportionate leave on termination except when the employment of a
seasonal employee is terminated by the employer for reasons other than
misconduct.
20.7 Leave Allowed
Before Due Date -
20.7.1 An employer may
allow an employee to take annual leave either wholly or partly in advance
before the right thereto has accrued due.
In such case a further period of annual leave shall not commence to
accrue until after the expiration of the twelve months in respect of which the
annual leave or part thereof had been taken before it accrued.
20.7.2 Where annual
leave or part thereof has been granted pursuant to 20.7.1, before the right
thereto has accrued due, and the employee subsequently leaves or is discharged
from the service of the employer before completing the twelve months continuous
service in respect of which the leave was granted, and the amount paid by the
employer to the employee for the annual leave or part so taken in advance
exceeds the amount which the employer is required to pay to the employee under
20.8, the employer shall not be liable to make any payment to the employee
under 20.8, and shall be entitled to deduct the amount of excess from any
remuneration payable to the employee upon the termination of employment.
20.8 Proportionate
Leave on Termination - If an employee other than a casual employee, who after
one week's continuous service in the employee’s first qualifying twelve monthly
period with an employer, leaves the employment of the employer or the
employee’s employment is terminated by the employer the employee shall be paid
at the appropriate rate of wage prescribed by 20.5 for 3.08 hours for each five
ordinary working days worked and in respect of which leave has not been granted
under this clause.
20.9 Calculation of
Continuous Service -
20.9.1 Service shall be
deemed to be continuous subject to:
(a) Any
interruption or determination of the employment by the employer if such
interruption or determination has been made with the intention of avoiding
obligations hereunder in respect of annual leave;
(b) Any absence
from work on account of personal illness or injury, or on account of leave
granted by the employer;
(c) Any other
absence from ordinary hours of employment due to reasonable cause (proof
whereof shall be on the employer);
(d) Any break in
employment with one employer during the season (as defined): provided that only
the aggregate of actual service given within the season shall be taken into
account for the purpose of the payment prescribed in 20.6.
Provided that in cases of personal illness or injury or
absence with reasonable cause the employee to be entitled to the benefit of
this subclause shall, if practicable, inform the employer in writing within
twenty-four hours after the commencement of such absence of the employee’s
inability to attend for duty and as far as practicable the nature of the
illness, injury or cause and the estimated duration of the employee’s absence.
20.9.2 Any absence from
work by reason of any cause not being a cause specified in this subclause shall
not be deemed to break the continuity of service for the purposes of this
clause unless the employer during the absence or within fourteen days of the
termination of the absence notifies the employee in writing that such absence
will be regarded as having broken the continuity of service.
20.9.3 In cases of
individual absenteeism, such notice shall be given in writing to the employee
concerned, but in cases of concerted or collective absenteeism notice may be
given to employees by the posting up of a notification in the plant, in the
manner in which general notifications to employees are usually made in that
plant and by posting to the union a copy of such notice not later than the day
it is posted up in the plant.
20.9.4 A notice to an
individual employee may be given by delivering it to the employee personally or
by posting it to the employee’s last recorded address, in which case it shall
be deemed to have reached the employee in due course by post.
20.9.5 In calculating
the period of twelve months' continuous service, absences not exceeding
twenty-five working days shall be counted as time worked if such absences arise
from anyone of the following:
(a) personal illness
or injury certified by a medical practitioner as requiring absence from work;
(b) bereavement
leave in accordance with clause 24, Bereavement Leave, of this award.
Other absences from work shall not be taken into
account.
20.10 Service Before
Date of Award - Service before the date of this award shall be taken into
consideration for the purpose of calculating annual leave, but an employee
shall not be entitled to leave or payment in lieu thereof for any period in
respect of which leave or payment in lieu thereof has been allowed.
20.11 Calculation of
Month - For the purpose of this clause
a month shall be reckoned as commencing with the beginning of the first day of
the employment or period of employment in question and as ending at the
beginning of the date which in the latest month in question has the same date
number as that which the commencing day had in its month, and if there be no
such day in such subsequent month.
20.12 Employer -
Successorship of Business, etc. - Where the employer is a successor or assignee
or transmittee of a business, if an employee was in the employment of the
employer's predecessor at the time when the employee became such successor or
assignee or transmittee, the employee, in respect of the period during which
the employee was in the service of the predecessor, shall for the purpose of
this clause be deemed to have been in the service of the employer.
20.13 Annual Close
Down - Where an employer closes down their plant, or a section or sections
thereof, for the purposes of allowing annual leave to all or the bulk of the
employees in the plant, or section or sections concerned, the following
provisions shall apply:
20.13.1 The
employee may by giving not less than four weeks' notice of the intention so to
do stand off for the duration of the close- down all employees in the plant or
section or sections concerned and allow to those who are not then qualified for
a full entitlement to annual leave for twelve months' continuous service
pursuant to 20.1 paid leave on a proportionate basis at the appropriate rate of
wage as prescribed by 20.5 and 20.6 for 3.08 hours for each five ordinary
working days worked.
20.13.2 An
employee who has then qualified for a full entitlement to annual leave for
twelve months' continuous service pursuant to 20.1, and has also completed a
further week or more of continuous service shall be allowed the employee’s
leave, and shall subject to 20.10 hereof also be paid at the appropriate rate
of wage as prescribed by 20.5 and 20.6 for 3.08 hours for each five ordinary
working days worked since the close of their last twelve-monthly qualifying
period.
20.13.3 The
next twelve-monthly qualifying period for each employee affected by such
close-down shall commence from the day on which the plant, or section or
sections concerned is re- opened for work.
Provided that all time during which an employee is stood off without pay
for the purposes of this subclause shall be deemed to be time of service in the
next twelve-monthly qualifying period.
20.13.4 If in
the first year of the employee’s service with an employer an employee is
allowed proportionate annual leave under 20.13.1 and subsequently within such
year leaves the employee’s employment or their employment is terminated by the
employer through no fault of the employee, the employee shall be entitled
to the benefit of 20.8 subject to
adjustment for any proportionate leave which the employee may have been
allowed as aforesaid.
20.13.5 An
employer may close down their plant for one or two separate periods for the
purpose of granting annual leave in accordance with this subclause. If the employer closes down the plant in two
separate periods one of those periods shall be for a period of at least 21
consecutive days. Provided that where
the majority of the employees in the plant or section or sections concerned
agree the employer may close down the plant in accordance with this subclause
in two separate periods neither of which is of a least 21 consecutive days, or
in three separate periods. In such cases
the employer shall advise the employees concerned of the proposed dates of each
close-down before asking them for their agreement.
20.14 Part Close-Down
and Part Rostered Leave -
20.14.1 An
employer may close down the plant or a section or sections thereof for a period
of at least twenty-one consecutive days and grant the balance of the annual
leave due to an employee in one continuous period in accordance with a roster.
20.14.2 An
employer may close down the plant, or a section or sections thereof, for a
period of less than twenty-one consecutive days and allow the balance of the
annual leave due to an employee in one or two continuous periods either of
which may be in accordance with a roster.
In such a case the granting and taking of annual leave shall be subject
to the agreement of the employer and the majority of employees in the plant, or
a section or sections thereof respectively and before asking the employees
concerned for their agreement the employer shall advise them of the proposed
date of the close- down and the details of the annual leave roster.
20.15 Notification to
Union - If a vote by employees is required pursuant to 20.13 and 20.14, the
employer shall notify the office of the union not less than twenty-four hours
before such vote is to be taken.
20.16 Broken Leave -
The annual leave shall be given and taken in one or two continuous
periods. If the annual leave is given
in two continuous periods then one of those two periods must be of at least 21
consecutive days. Provided that if the
employer and an employee so agree then the employee’s annual leave entitlement
may be given and taken in two separate periods neither of which is at least 21
consecutive days, or in three separate periods.
Provided further that an employee may, with the consent
of the employee’s employer, take short-term annual leave, not exceeding four
days in the calendar year, at a time or times separate from any of the periods
determined in accordance with this subclause.
21. Sick Leave
21.1 Except as otherwise
provided, an employee (other than a casual) who is absent from work during
ordinary hours on account of personal illness, injury, elective surgery, or
dental work other than routine dental maintenance, shall in the case of a day
worker, be entitled to leave of absence at the ordinary time rate of pay of the
appropriate classification and in the case of a shift worker at the ordinary
time rate of pay of the appropriate classification plus the employee’s relevant
shift allowance, of 38 hours of paid sick leave during the employee’s first
year of employment with the employer and to 61 hours of paid sick leave during
each subsequent year of continuous employment, subject to the following
conditions and limitations:
21.1.1 The employee
shall not be entitled to such leave unless the employee has been continuously
in the service of the employer concerned for at least one month immediately
before any such absence.
21.1.2 The employee
shall not be entitled to such leave for any period in respect of which the employee
is entitled to workers' compensation.
21.1.3 The employee
shall, within 24 hours (excluding a
Saturday, Sunday or holiday) of the commencement of such absence unless the
employer is satisfied this was not reasonably practicable, inform the employer
of the employee’s inability to attend for work and, so far as practicable,
shall then state the nature of the illness or injury and the estimated duration
of the absence.
NOTE: In order
to assist in the planning of work for the following day an employee who is
absent should arrange to notify the employer of the employee’s absence as soon
as possible after the commencement of the absence.
21.1.4 An employee
absent on paid sick leave for a period not exceeding three consecutive days
shall, if required by their employer, produce evidence of their illness by a
statutory declaration. An employer
shall not be required to pay sick leave for any absence exceeding three
consecutive days unless the employee produces a certificate signed by a duly
qualified medical or dental practitioner, whichever is appropriate, certifying
that the employee is, in the opinion of that practitioner, unable to attend for
work due to personal illness or injury, elective surgery or dental work other
than routine dental maintenance.
To become entitled to paid sick leave, such certificate
shall indicate that the illness or injury is consistent with the duration of
the absence.
21.1.5 In the case of
an employee who has had more than one period of employment with the one
employer in any period of twelve months, the sick leave year for the second or
subsequent period of employment shall commence on the previous July 1 and the
employer may deduct from the sick leave credit of 40 hours any sick leave paid
to the employee since that date by the employee or another respondent to this
award.
21.1.6 Sick leave shall
accumulate from year to year of continuous employment with one employer so that
any balance of the period or payment specified in 21.1.5 which has in any year
not been allowed to an employee by the employer as paid sick leave may be
claimed by the employee and, subject to the conditions hereinbefore prescribed,
shall be allowed by that employer in a subsequent year without diminution of,
and before drawing upon, the sick leave prescribed in respect of that year:
Provided that sick leave which accumulates pursuant to
this subclause shall be available to the employee for a period of seven years,
but no longer, from the end of the year in which it accrues.
21.2 For the purpose
of administering 21.1.5, an employer may, within two weeks of the employee
entering their employment, require an employee to make a sworn declaration or
other written statement as to what paid sick leave the employee has had from
another respondent employer since the previous July 1 and upon such statement
the employer shall be entitled to rely and act.
21.3 A pieceworker
shall be paid sick leave under this clause at the time work rate appropriate to
the work and shift at which the employee would, except for the illness or
injury causing absence, have been employed.
22. Personal/Carer's
Leave
22.1 Use of Sick
Leave
22.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 22.1.3(b) who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at clause 21, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
22.1.2 The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
22.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
22.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee,
the reasons for taking
such leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 39, Avoidance of Industrial Disputes, should be
followed.
22.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 22.1.3(b) above who is ill or who requires care
due to an unexpected emergency.
22.3 Annual Leave
22.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
22.3.2 Access to annual
leave, as prescribed in 22.3.1, shall be exclusive of any shutdown period
provided for elsewhere under this award.
22.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
22.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
22.4 Time Off in
Lieu of Payment for Overtime
22.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
22.4.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
22.4.3 If, having
elected to take time as leave in accordance with 22.4.1, the leave is not taken
for whatever reason payment for time accrued at overtime rates shall be made at
the expiry of the 12 month period or on termination.
22.4.4 Where no
election is made in accordance with 22.4.1, the employee shall be paid overtime
rates in accordance with the award.
22.5 Make-up Time
22.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
22.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
22.6 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 22.1.2 and 22.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 22.1.3(b) of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
23. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
24. Bereavement Leave
24.1 An employee,
other than a casual employee, shall be entitled to three days bereavement leave
without deduction of pay, up to and including the day after the funeral, on
each occasion of the death of a person as prescribed in 24.3.
Provided that, if the employee claims payment for such
leave in excess of two ordinary days, the employee shall furnish, if required,
proof satisfactory to the employer that the employee attended the funeral.
24.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
24.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in 22.1.3 (b)
of clause 22 Personal/Carer s Leave, provided that, for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person concerned.
24.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
24.5 Bereavement
leave may be taken in conjunction with other leave available under 22.2, 22.3,
22.4 and 22.5. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
24.6 Bereavement
entitlements for casual employees
24.6.1 Subject to the
evidentiary and notice requirements in 24.2 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 22.1.3(b) of clause 22, Personal / Carer's
Leave.
24.6.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
24.6.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
25. Implements,
Materials, Protective Clothing and Uniforms
25.1 Implements -
Materials - The employer shall provide all brushes, spoons, knives and all
necessary implements and all materials requisite for the work of employees.
25.2 Gloves - The
employer shall provide gloves to employees as may reasonably be required for
the performance of their work.
25.3 Washable Outer
Garments - State Laws - Where an employee is required to the work in which the
employee is engaged to wear a washable outer garment, such garment shall be
provided and kept laundered by the employer.
25.4 Caps, Uniforms,
etc. - Where the employer requires, or the provisions of any State law require,
an employee to wear a cap, overalls or uniform of any description, such items
shall be supplied by the employer and be kept laundered by the employer.
Provided, however, that where the employer cannot
reasonably be expected to arrange for an industrial or other laundry service,
nothing in this subclause shall prohibit that employer from reaching agreement
in writing with the union for the laundering of overalls or uniforms by the employees
concerned:
Provided further that an individual employee may,
through the union, make an agreement in writing with the employer to launder
the employee's own overalls or uniform.
Caps are not part of the overalls or uniforms.
Any cap required to be worn by employees shall be of a
net type or otherwise to allow suitable head ventilation.
25.5 Protective
Clothing - Dirty Work - Where
reasonably required for any dirty work, washable aprons or other suitable
protective clothing shall be provided for employees. This subclause shall operate to the extent that 25.3 and 25.4 do
not otherwise apply to protective clothing items.
(NOTE: See also 7.2 of clause 7, Special Rates, as to
wet work.)
25.6 Return of
Implements and Clothing - All items
provided by the employer under the foregoing provisions of this clause shall be
supplied without cost to the employee, provided that any used items requiring
replacement shall be returned to the employer before any replacement without
charge is made. Any item issued shall,
if not returned on request by the employer, be paid for at a reasonable rate by
the employee concerned.
25.7 Barrier Cream,
etc. -
Barrier cream or other protective ointment shall be available without
charge for employees engaged in handling fruits, vegetables, pastes, gums,
lacquer and like preparations.
25.8 Cool Stores -
25.8.1 Employees
required to work in cool stores or chambers in temperatures below 7 degrees
Celsius, shall be provided with suitable headgear and protective clothing, including
protective footwear:
Provided that all protective footwear issued in
accordance with this provision shall be properly sterilised before such issue
if such footwear has been previously worn by another person.
25.8.2 Employees
required to work in temperatures of
minus 18 degrees Celsius or below shall be issued with an overall blanket-type
suit, either one-piece or two-piece, a balaclava or similar-type helmet and
suitable gloves in addition to other necessary outer clothing and freezer
boots.
25.8.3 Where employees
such as fork-lift drivers are required to enter cool stores or freezing
chambers only for short periods, the protective clothing to be supplied by the
employer shall be such as may be mutually agreed upon.
25.8.4 Items supplied
under this subclause shall remain the property of the employer.
(NOTE: See 7.6 as to special rates for working in cold
temperatures.)
25.9 Request to Wear
Protective Clothing - Where an employee is required to wear protective clothing
supplied by their employer for -
25.9.1 safety reasons;
or
25.9.2 in the interests
of hygiene; or
25.9.3 in accordance
with Federal law or the law of the State in which the employee works,
the employee shall wear such clothing.
25.10 Safety Footwear
- When the employer requires an employee to wear safety boots or safety shoes,
the employer shall supply them free of charge to the employee: Provided that
the employee shall wear such safety boots or safety shoes in accordance with
the requirements of the employer, and such safety boots or safety shoes shall
remain the property of the employer.
26. Damage to
Clothing
Where satisfactory evidence is produced by an employee to
the employer, reasonable compensation shall be made by the employer where, as a
result of the employment, an employee's clothing is damaged or destroyed:
Provided that where such damage or destruction occurs and an employee was not
wearing protective clothing in accordance with the requirements of 25.9 then no
compensation shall be payable.
27. Floor Covering
See applicable Occupational Health and Safety legislation
and regulations, as amended from time to time.
28. Transport of
Employees (11 P.M. to 7 A.M.)
28.1 Where an
employee finishes work, whether overtime or ordinary time, at any time between
11 p.m. and 7 a.m. the following day, the employer shall transport the employee
from the factory to the employee's place of residence at no cost to the
employee, where reasonable public transport is not available.
For the purposes of this paragraph reasonable public
transport means bus or train available within 500 metres from the main gate of
the factory, and such transport shall depart not more than 30 minutes after the
cessation of work; provided that the employee does not have to walk more than 1
kilometre from the main gate of the factory to the employees residence;
provided further that the transport specifically arranged by the employer in
the terms as specified in this clause shall be free.
This subclause shall not apply to an employee residing
within a walking distance of 1 kilometre from their place of employment nor to
any employee to whom private transport is reasonably available at time of
finishing work.
28.2 An employee
sent temporarily, other than at the employee’s own request, from the employee's
usual place of employment to another shall be paid at ordinary rates of pay for
any excess travelling time incurred beyond that ordinarily incurred in
travelling to and from the usual place of employment.
28.3 An employee
required by their employer to travel from the employee’s usual place of work
shall be provided with transportation by their employer. In the case of rail travel, such
transportation shall be by first class where available, and in the event of an
employee using their own vehicle with the consent of their employer they shall
be paid 11 cents per kilometre travelled.
29. Payment of Wages
29.1 The employer
may determine the method of payment of wages which shall be paid weekly, during
working hours, by one of the following ways:
(a) Cash;
(b) Cheque; or
(c) Electronic
funds transfer (EFT) into the employees' nominated financial institution
account, without cost to the employee.
29.2 Payment of cash
or cheque wages - if cash or cheque wages are to be paid, such cash or cheque
wages shall be paid without delay prior to the employee ceasing work on the
nominated pay day. Employees who are
kept waiting for their cash or cheque wages for more than ten minutes after the
usual time for ceasing work shall be paid overtime rates for all waiting
time. This subclause shall not apply if
cash or cheque wages cannot be paid within working time due to circumstances
beyond the employer's control.
29.3 Payment of
wages by EFT - where wages are paid by the employer into an employee's
nominated bank account, wages shall be available on the nominated pay day. If the wages are not available on the
designated pay day, the employee shall contact the employer, who shall contact
the relevant financial institution for the wages to be made available.
If, by the day following the designated pay day, the
wages are still not available, employees who are kept waiting for wages to be
credited into their nominated bank account for more than ten minutes after the
usual time for ceasing work on pay day shall be paid overtime rates for all
waiting time. This subclause shall not
apply if wages cannot be paid within working time due to circumstances beyond
the employer's control.
29.4 Payment on
termination - upon termination of employment, in the case of cash payment of
wages or payment of wages by electronic funds transfer, all wages due to an
employee (including a casual) shall be paid to an employee on the day of
termination. In the case of payment of
wages by cheque, such wages shall be forwarded to the employee by post on the
next ordinary working day.
30. Aged, Slow and
Infirm Workers
See Industrial Relations Act 1996.
31. Limitation of
Employer's Liability
Where an employer bound by this award has made a payment to
an employee bound by this award, which payment purports to be a payment of the
wages payable to the employee for any period, such employer shall not be liable
to pay to the employee any further sums prescribed by this award in respect to
any services rendered to such employer during such period unless within twelve
calendar months after the last day of such period a demand in writing of such
further sum claimed has been given to the employer by the employee or some
person on the employee’s behalf or by the
local representative of the union.
32. Notice Board and
Posting of Award
32.1 The employer
shall permit a notice board of reasonable dimensions to be erected in a
prominent position in the establishment, upon which accredited union
representatives shall be permitted to post formal union notices, signed or
countersigned by the representative posting it. Any notice posted on such board not so signed or countersigned
may be removed by an accredited union representative or by the employer.
32.2 The Award shall
be posted in an accessible position in the factory.
33. Shop Stewards
An employee appointed shop steward in the shop or department
in which the employee is employed shall, upon notification thereof to their
employer, be recognised as the accredited representative of the union to which
the employee belongs, and shall be allowed the necessary time during working
hours to interview the employer or their representative on matters affecting
employees whom they represent.
34. Right of Entry
See Industrial Relations Act 1996.
35. Jury Service
An employee, other than a casual employee required to attend
for jury service during their ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of the employee’s attendance for such jury service and the amount of wage the
employee would have received in respect of the ordinary time the employee would
have worked had the employee not been on jury service subject to the following
conditions:
35.1 The employee
shall advise the employer as soon as practicable that the employee has to
attend for jury service, and if required by the employer, produce their notice
to attend.
35.2 An employee who
has been given more than seven days' notice to attend for jury service shall
give the employer at least seven days' notice and if the employee fails to give
such notice, without reasonable excuse, the employee shall forfeit the
entitlement to payment by the employer.
35.3 An employee on
day shift or day work who is not required for jury service after 1.00 p.m. on
any day shall contact the employer by telephone to ask whether the employer
requires the employee to report for the balance of the day and, if so required,
the employee shall so report.
35.4 An employee on
afternoon shift or night shift who is discharged or excused from jury service
upon the day upon which the employee is first called or on any subsequent day
on which the employee has been required to take part in court proceedings shall
report for work;
(a) in the case of
afternoon shift the employee, if possible at the employee’s normal starting
time or as soon thereafter as possible after being discharged or excused from
jury service; and
(b) in the case of
a night shift employee, at the employee’s normal starting time.
Provided that an employee on afternoon shift or night
shift who is on continuing jury service and who has been required to take part
in court proceedings for more than half the day shall not be required to report
for work until the expiration of their jury service and if the jury service has
lasted for more than two days until the shift next following the completion of
their jury service.
35.5 The employee
shall give the employer proof of attendance, the duration of such attendance
and the amount received in respect of such jury service.
36. Accommodation
Any employee who is required by the employer to remain away
from their usual place of residence or, in the case of a seasonal worker, their
abode for the season shall be provided with reasonable meals and accommodation
which shall, if accommodation is available in the locality include ensuite
facilities if available and the cost of such meals and accommodation shall be
borne by the employer.
37. Accident Pay
37.1 Definitions -
For the purpose of this clause and subject to the terms of this clause, the
words hereunder shall bear the respective definitions set out herein:
37.1.1 "Accident
Pay" -
(a) Total
Incapacity - In the case of an employee who is or is deemed to be totally
incapacitated within the meaning of the Workers' Compensation Act and arising
from an injury covered by this clause, "accident pay" means a weekly
payment of an amount representing the difference between the total amount of
compensation paid under the relevant sections of the Act as the case may be for
the week in question and the total 38-hour weekly award rate and weekly
over-award payment for a day worker which would have been payable under this
award, for the employee's normal classification of work for the week in question if the employee had been performing the employee’s normal
duties: Provided that such latter rate
shall exclude additional remuneration
by way of attendance bonus
payments, shift premiums, overtime payments, special rates or other similar
payments.
(b) Partial Incapacity
- In the case of an employee who is or is deemed to be partially incapacitated
within the meaning of the Act and arising from an injury covered by this
clause, "accident pay" means a weekly payment of an amount
representing the difference between the total amount of compensation paid under
the relevant sections of the Act in New South Wales, for the period in question
together with the average weekly amount the employee is earning or is able to
earn in some suitable employment or business and the total 38-hour weekly award
rate and weekly over-award payment for a day worker which would have
been payable under this
award, for the employee's normal
classification of work for the week in question if the employee had been
performing their normal duties: Provided that such latter rate shall
exclude additional remuneration by way of
attendance bonus payments, shift premiums, overtime payments, special
rates or other similar payments.
Provided that where, in respect of any claim for
compensation brought by an employee in the Workers' Compensation Commission
pursuant to the relevant sections of the Workers' Compensation Act
awards to the employee an amount of weekly compensation or agreement is reached
that the employee should receive a weekly amount of compensation less than the
difference referred to in the relevant sections of the Act, such an award or
agreement shall not operate to increase any liability of the employer to pay
any higher amount of accident pay by
reason of the employee receiving less than the said difference referred to in
the relevant section of the Workers' Compensation Act and for the
purpose of this calculation the employee in such event shall be deemed to have
recovered the full amount of the
difference referred to in the relevant section of the Act.
(c) Production
Incentive Earnings Scheme - For the purposes of the calculation of the total
38-hour weekly award rate and weekly over-ward payment in 37.1.1(a) and
37.1.1(b) of this clause, payments made to an employee arising from a
production incentive earnings scheme (whether arising from a payment by
results, task or bonus scheme or however entitled) shall not be taken into
account: Provided that where an
employee is not in receipt of any form of weekly over-award payment, production
incentive bonus payments shall be taken into account and
the form and amount of such payments shall be determined
between the employer and the employees
concerned and/or the union.
(d) Payment for
Part of a Week - Where accident pay is payable for part of a week, the amount
shall bear the same ratio to accident pay for a full week that ordinary working
time during such part bears to the worker's full ordinary week.
37.1.2 "Injury"
shall be given the same meaning and application as applying under the Workers'
Compensation Act and no injury shall result in the application of accident
pay unless an entitlement exists under the Act.
37.1.3 "Union"
means the Automotive, Food, Manufacturing, Engineering and Printing Kindred
Industries Union, New South Wales Branch - Confectionery and Food Division.
37.1.4 "Workers'
Compensation Act" or "Act" means the Workers' Compensation
Act 1987.
37.2 Qualifications
for Payment - Always subject to the
terms of this clause, an employee covered by this award shall, upon receiving
payment of compensation and continuing to receive such payment in respect of a
weekly incapacity within the meaning of the Act, be paid accident pay by the
employer who is liable to pay compensation under the Act, which liability by
the employer for accident pay may be discharged by another person on their
behalf:
Provided that:
37.2.1 Accident pay
shall only be payable to an employee whilst such employee remains in the
employment of the employer by whom the employee was employed at the time of the
incapacity and then only for such period as the employee receives a weekly
payment under the Act: Provided that if an employee on partial incapacity
cannot obtain employment from their employer but such alternative employment is
available with another employer then the relevant amount of accident pay shall
still be payable and the employee shall be on leave of absence from their
employer.
Provided further that an employer shall not terminate
the employment of an employee who is incapacitated and receiving accident pay
except in those cases where:
(a) the
termination is due to serious and/or wilful misconduct on the part of the
employee; or
(b) the termination
arises from a declaration of
liquidation of the company in
which case the employee's entitlement shall be considered a debt
due and owing by their employer to the employee; or
(c) the period
specified in 37.2.3 has expired.
37.2.2 As to industrial
diseases contracted by a gradual process or injuries subject to recurrence,
aggravation or acceleration (as
provided in the relevant section of the Act) such injuries or diseases shall
not be subject to accident pay unless the employee has been employed by the
employer at the time of the incapacity for a minimum period of one month.
37.2.3 An employee on
engagement may be required to declare all workers' compensation claims made in
the previous 5 years and in the event of false or inaccurate information being
deliberately and knowingly declared the employer may require the employee to
forfeit the employee’s entitlement to accident pay under this clause.
37.2.4 Subject to the
provisions of 37.2.1 of this subclause, an employer may terminate, at the
conclusion of the appropriate season as defined by 2.12 and 2.13.
(a) an employee
who, during the 12 months preceding the
date of the incapacity, was not employed (either in the food preserving industry or in other employment) for more
than 26 weeks:
(b) a person who is, apart from the seasonal employment,
a student undergoing a course of full-time study.
Proof of employment for more than 26 weeks, within the
terms of 37.2.4(a) shall lie on the employee.
37.3 Maximum Period
of Payment - Accident pay under this clause shall be payable for a maximum
period or aggregate of periods in no case exceeding a total of 39 weeks in
respect of incapacity arising from any one injury as defined in 37.1.2.
37.4 Absences on
other Paid Leave - An employee shall not be entitled to payment of accident pay
in respect of any period of other paid leave of absence. (NOTE: An employee receiving workers'
compensation is not entitled to be paid ordinary pay for a public holiday not
worked but is entitled to workers' compensation for that day).
37.5 Notice of
Injury - An employee upon receiving injury for which they claim to be entitled
to receive accident pay shall give notice in writing of the injury to their
employer as soon as reasonably practicable after the occurrence of the injury:
Provided that such notice may be given by a representative of the employee.
37.6 Medical
Examination - In order to receive entitlements to accident pay an employee
shall conform to the requirements of the Act as to medical examination.
Where in accordance with the Act a medical referee
gives a certificate as to the condition of the employee and their fitness for
work or specifies work for which the employee is fit and such work is made
available by the employer and refused by the employee, or the employee fails to
commence or continue the work, accident pay shall cease from the date of such
refusal or failure.
37.7 Redemption of
Weekly Payments - Where there is redemption of weekly compensation payments
under the Act, the employer's liability to pay accident pay shall cease as from
the date of such redemption.
37.8 Civil Damages
Claim -
37.8.1 An employee
receiving or who has received accident pay shall advise the employer of any
action they may institute or any claim they may make for damages. Further, the employee shall, if requested,
provide an authority to the employer entitling the employer to a charge upon
any money payable pursuant to any verdict or settlement on that injury.
37.8.2 Where an
employee obtains a verdict for damages in respect of an injury for which the
employee has received accident pay the employer's liability to pay accident pay
shall cease from the date of such verdict: provided that if the verdict for
damages is not reduced either in whole or part by the amount of accident pay
made by the employer the employee shall pay to their employer any amount of
accident pay already received in respect of that injury by which the verdict
has not been so reduced.
37.8.3 Where an
employee obtains a verdict for damages against a person other than the employer
in respect of an injury for which the employee has received accident pay the
employer's liability to pay accident pay shall cease from the date of such
verdict: provided that if the verdict for damages is not reduced either in
whole or part by the amount of accident pay made by the employer the employee shall
pay to their employer any amount of accident pay already received in respect of
that injury by which the verdict has
not been so reduced.
37.9 Insurance
against Liability - Nothing in this clause shall require an employer to insure
against their liability for accident pay.
37.10 Variations in
Compensation Rates - Any change in compensation rates under the Act shall not
increase the amount of accident pay above the amount that would have been
payable had the rates of compensation remained unchanged.
37.11 Death of
Employee - All rights to accident pay shall cease on the death of an employee.
37.12 In the event of
any dispute arising as to the entitlement of an employee to accident pay in
accordance with the provisions of this clause, the matter shall, if any party
to this clause so requires, be referred to the Industrial Relations Commission
of New South Wales.
37.13 Casual
Employees - The obligation of an
employer to apply the provisions of this clause to an employee engaged as a
casual employee in accordance with 37.7 shall be discharged by the payment to
the employee of 2 cents per hour in addition to all other payments to which the
employee is entitled under the award. Such additional 2 cents per hour shall be
payable as a flat rate for all hours worked.
38. Preservation of
Existing Rights
No employee shall suffer any reduction in rate of pay or any
reduction or withdrawal of existing conditions of employment relating to
matters dealt with in this award as the result of the making of this award.
39. Avoidance of
Industrial Disputes
39.1 A procedure for
the avoidance of industrial disputes shall apply in establishments covered by
this award.
The objectives of the procedure shall be to promote the
resolution of disputes by measures based on confrontation, co-operation and
discussions; to reduce the level of industrial confrontation; and to avoid
interruption to the performance of work and the consequential loss of
production and wages.
It is acknowledged that in some companies or sectors of
the industry, disputes avoidance/settlement procedures are either now in place
or in the process of being negotiated and it may be the desire of the immediate
parties concerned to pursue those mutually agreed procedures. In other cases, the following principles
shall apply:
39.1.1 Depending on the
issues involved, the size and function of the plant or enterprise and the union
membership of the employees concerned, a procedure involving up to four stages
of discussion shall apply. These are:
(a) discussions
between the employee(s) concerned and at their request that appropriate union
shop steward/delegates, and the
immediate supervisors;
(b) discussions
involving the employee(s), the shop
steward/s and more senior management;
(c) discussions
involving representatives from the State Branch of the union(s) concerned and
the employer organisation branch representatives;
(d) there
shall be an opportunity for any party
to raise the issue to a higher stage.
39.1.2 There shall be a
commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest
possible advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
39.1.3 Throughout all
stages of the procedure all relevant facts shall be clearly identified and
recorded.
39.1.4 Sensible time
limits shall be allowed for the completion of the various stages of all
discussions. At least seven days
should be allowed for all stages of the discussions to be finalised.
39.1.5 Emphasis shall
be placed on a negotiated settlement.
However, if the negotiation process is exhausted without the dispute
being resolved, the parties shall jointly or individually refer the matter to
the Industrial Relations Commission of New South Wales for determination, and
such decision subject to the parties' right of appeal shall be accepted.
39.1.6 In order to
allow for the peaceful resolution of grievances the parties shall be committed
to avoid stoppages of work, lockouts or any other bans or limitations on the
performance of work while the procedures of negotiations and conciliation are
being followed.
39.1.7 The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with safe working practices and consistent with established
custom and practice at the workplace.
39.2
39.2.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
deskilling.
39.2.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
39.2.3 Any direction
issued by an employer pursuant to 39.1 and this subclause shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
40. Supported Wage
40.1 This clause
defines the conditions, which will apply to employees who, because of the
effects of a disability, are eligible for a supported wage under the terms of
this award. In the context of this clause, the following definitions will
apply:
40.1.1 "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in Supported Wage System Guidelines and Assessment
Process.
40.1.2 "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
40.1.3
"Disability Support Pension" means the Commonwealth pension scheme to
provide income security for persons with a disability as provided for under the
Social Security Act 1991 or any successor to that scheme.
40.1.4 "Assessment
Instrument" means the form provided under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
40.2 Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity and who meet the
impairment criteria test for a Disability Support Pension. This clause does not
apply to any existing employee who has a claim against the employer which is
subject to the provisions of workers' compensation legislation or any provision
of this award relating to the rehabilitation of employees who are injured in
the course of their employment. This clause also does not apply to employers in
respect of their facility programme, undertaking, service or the like which
receives funding under the Disability Services Act 1986 and fulfils the
dual role of service provider and sheltered employer to people with
disabilities who are in receipt of, or are eligible for, a Disability Support
Pension, except with respect to an organisation which has received recognition
under section 10 or section 12A of the Act or, if a part only has received
recognition, that part.
40.3 Supported Wage
Rates - Employees to whom this clause applies shall be paid the applicable
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing, according to the following schedule:
Assessed Capacity -
40.4
|
Percentage of
prescribed award rate
|
10%
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided that the minimum amount payable shall be not
less than $66.00 per week.)
*Where a person's assessed capacity is 10 per cent they
shall receive a high degree of assistance and support.
40.4 Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument, by either:
40.4.1 the employer and
a union party to the award, in consultation with the employee or, if desired,
by any of these;
40.4.2 the employer and
an accredited assessor from a panel agreed by the parties to the award and the
employee.
40.5 Lodgement of
Assessment Instrument -
40.5.1 All assessment
instruments under the conditions of this clause, including the appropriate
percentage of the award wage to be paid to the employee, shall be lodged by the
employer with the Registrar of the Industrial Relations Commission of New South
Wales.
40.5.2 All assessment
instruments shall be agreed and signed by the parties to the assessment,
provided that where a union which is a party to the award is not a party to the
assessment, it shall be referred by the Registrar to the union by certified
mail and shall take effect, unless an objection is notified to the Registrar within
ten working days.
40.6 Review of
Assessment - The assessment of the applicable percentage should be subject to
annual review or earlier on the basis of a reasonable request for such a
review. The process of review shall be in accordance with the procedures for
assessing capacity under the Supported Wage System.
40.7 Other Terms and
Conditions of Employment - Where an assessment has been made, the applicable
percentage shall apply to the wage rate only. Employees covered by the
provisions of this clause will be entitled to the same terms and conditions of
employment as all other workers covered by this award paid on a pro rata basis.
40.8 Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause shall take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job. Changes may involve re-design of
job duties, working time arrangements and work organisation in consultation
with other workers in the area.
40.9 Trial Period -
40.9.1 In order for an
adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks except that, in some cases, additional work adjustment time
(not exceeding four weeks) may be needed.
40.9.2 During the trial
period the assessment of capacity shall be undertaken and the proposed wage
rate for a continuing employment relationship shall be determined.
40.9.3 The minimum
amount payable to the employee during the trial period shall be no less than
$66.00 per week.
40.9.4 Work trials
should include induction or training as appropriate to the job being trialed.
40.9.5 Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into based on the outcome of assessment under 40.4.
41. Structural
Efficiency
41.1 The parties
bound by this award are committed to co-operating positively to increase
efficiency, productivity and to enhance the career opportunities and job
security of employees in the industry.
41.2 At each plant
or enterprise, the employer, its employees and the union shall establish a
consultative mechanism and procedures appropriate to the size, structure and
needs of that plant or enterprise.
41.3 Any measure
raised through 41.2 above, designed to increase flexibility at the plant or
enterprise and sought by any party and by agreement of the parties involved shall
be implemented subject to the following requirements:
41.4 Any disputes
arising in relation to the implementation of 41.2 and 41.3 herein shall be
subject to the provisions of the clause 39, Avoidance of Industrial Disputes.
42. Redundancy
42.1 Application
42.1.1 This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified.
42.1.2 In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of 42.4, Termination of Employment.
42.1.3 Subject to
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
42.1.4 Subject to
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
42.2 Introduction of
Change
42.2.1 Employer's duty
to notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
42.2.2 Employer's duty
to discuss change
(a) The employer
shall discuss with the employees affected and the union to which they belong,
the introduction of the changes referred to in 42.2.1, the effects the changes
are likely to have on employees and measures to avert or mitigate the adverse
effects of such changes on employees, and shall give prompt consideration to
matters raised by the employees and/or the union in relation to the changes.
(b) The discussion
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in 42.2.1.
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
42.3 Redundancy
42.3.1 Discussions
before terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to 42.2, and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of 42.3.1(a) and shall cover,
any reason for the proposed terminations, measures to avoid or minimise the
terminations and measures to mitigate any adverse effects of any termination on
the employees concerned.
(c) For the purposes
of the discussion the employer shall, as soon as practicable, provided to the
employees concerned and the union to which they belong all relevant information
about the proposed terminations, the number and categories of employees likely
to be affected, including the reasons for the proposed terminations, the number
and categories of employees likely to be affected, the number of employees
normally employed and the period over which the terminations are likely to be
carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
42.4 Termination of
Employment
42.4.1 Notice for
changes in production, program, organisation or structure - This subclause sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with 42.2:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of
continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
42.4.2 Notice for
technological change - This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with 42.2:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
42.4.3 Time off during
the notice period
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
42.4.4 Employee leaving
during the notice period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause to which
the employee would have been entitled had the employee remained with the
employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
42.4.5 Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
42.4.6 Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
42.4.7 Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by the Centrelink.
42.4.8 Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in 42.2, the employee shall be entitled to the same period of
notice of transfer as the employee would have been entitled to if the
employee's employment had been terminated, and the employer may, at the
employer's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary-time rate of pay and the new ordinary-
time rates for the number of weeks of notice still owing.
42.5 Severance Pay
42.5.1 Where an
employee is to be terminated pursuant to 42.4, Termination of Employment,
subject to further order of the Industrial Relations Commission of New South
Wales, the employer shall pay the employee the following severance pay in
respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
age entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of service
|
Under 45 years of
age entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Weeks'
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
Table 1 - Wages, of Part B, Monetary Rates, as varied.
42.5.2 Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in 42.5.1.
The Commission shall have regard to such financial and other resources of the
employer concerned as the Commission thinks relevant, and the probable effect
paying the amount of severance pay in 42.5.1 will have on the employer.
42.5.3 Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in 42.5.1 if the employer obtains acceptable alternative
employment for an employee.
43. Superannuation
43.1 The subject of
superannuation is dealt with extensively by legislation including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge
Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s.124 of the Industrial
Relations Act 1996 (NSW). This legislation, as varied from time to time,
governs the superannuation rights and obligations of the parties.
43.2 Provided
further that any seasonal or casual employee who has worked at least 152 hours
with the employer in each twelve-month period, shall be paid, in addition to
other payments under this award, a superannuation contribution of 3% of
ordinary time earnings into an approved fund.
43.3 Approved fund
shall mean -
(a) Food Industry
Superannuation Trust (FIST), or
(b) Australian
Superannuation Savings Employment Trust (ASSET), or
(c) any existing
fund as applies
43.4 Nothing in this
clause shall affect any arrangement for the payment of 3% occupational
superannuation (emanating from the State Wage Case Decision of 1986 and
subsequent decisions) into an approved fund which commenced prior to 28
February 1992.
44. Leave Reserved
Leave is reserved to apply in relation to any variation to
the Food Preservers' Award, 1973, an award of the Australian Conciliation and
Arbitration Commission or any award replacing the said award.
45.
Anti-Discrimination
45.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and responsibilities
as a carer.
45.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
this award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
45.3 Under the Anti
Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
45.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specially exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
45.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects....any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
46. Training Wage
The parties to this award agree to observe the terms and
conditions of the National Training Wage Award 2000 as amended from time to
time. That is to permit the employment under this award of employees
undertaking traineeships (including skill based and part-time traineeships) as
approved by the relevant New South Wales Training Authority and the payment of
persons so employed in accordance with the said Federal award.
47. Area, Incidence
and Duration
47.1 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Food Preservers (State) Award published on
16 November 2001 (329 I.G. 489) and all variations thereof.
47.2 Subject to the
exceptions, limitations and further provisions contained in this clause, this
award shall apply to the employment of all persons employed in or in connection
with -
(1) the
manufacture, preparation or putting up of fruit and vegetables preparing and/or
canning, candied-peel making, fruit crystallising, fruit mince and fruit or
vegetable spreads and fruit-butter making in factories:
(2) the
manufacture, preparation or putting up and/or canning or bottling of jams,
marmalades, jellies, fruits and vegetables, vinegar, pickles, sauces, soups,
chutney and wet condiments in factories.
(3) fruit juice or
vegetable juice processing and/or concentrating and cordial making, including
bottling and/or canning in factories.
(4) dehydrating,
processing and/or packing of dried fruit infactories, provided that
"factories" will be deemed to exclude fruit-packing houses;
(5) potato
processing, not including preparing, cooking, manufacturing and/or packing of
potato chips, crisps, flakes and like products;
(6) canning and/or
preparation of prepared spaghetti products or puddings, processing of cereal
foods and making of pastry;
(7) preparation
and processing of prepared meals in preserved or frozen form in factories;
(8) washing and/or
grading asparagus at canneries;
The foregoing paragraphs of this subclause shall not be
read or construed separately in respect of employment or work which may be
comprised within more than one paragraph thereof.
47.3 This award
shall also apply to the employment of all persons employed at canneries on all
work associated with the removal of pea-vines from vehicles at a pea-viner,
feeding into a pea-viner and taking off peas from a viner.
47.4 This award
shall not apply to -
(1) employment in
any factory or plant at a location where an employer is also bound by the
undermentioned award as varied:
Starch Manufacturers &c. (State) Award
Provided that the operation of this award shall only be
excluded by this provision to the extent to which such employer, at 27 May
1975, applied to employees concerned the provisions of any award mentioned
above the work covered thereby.
(2) gate persons,
watchpersons or caretakers, goods lift attendance;
(3) clerical work
except where such clerical work is embraced or incidental to the work of any
classification in this award other than general hand;
(4) employment in
the driving of vehicles (other than fork lifts or other power-driven factory
vehicles used for transporting goods or
materials principally within a
factory or plant). This provision shall
apply subject to the work of a driver of a vehicle so excluded may include the
loading, unloading or maintenance of vehicles;
(5) a qualified
tradespersons cooper employed as such;
(6) an employee
engaged solely cleaning administrative offices;
(7) employees
engaged solely on the canteen staff;
(8) maintenance
alterations or repair of factory or plant buildings, machines and equipment,
except that cleaning of factory or plant buildings and greasing and cleaning of
machinery and equipment shall be covered by this award;
(9) storepersons
and packers employed at bulk stores, warehouses or other distributing centres
located away from the area of the premises at which goods are processed or
manufactured under this award;
(10) employment in
cool stores or freezing chambers or stores located away from the area of the
premises at which goods are processed or manufactured under this award;
(11) employees
working in laboratories performing tasks of a technical or professional nature
that are not expressly classified in this award. For the purpose of this provision, general hands shall not be
deemed to be expressly classified;
(12) first-aid or
ambulance-room staff not also engaged
in other duties in or about a factory or store.
47.5 The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 7 March 2008.
47.6 The award
published 9 August 1978 and reprinted 24 January 1992 took effect from the
first pay period to commence on or after 28 April 1978.
47.7 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wages
Adult
Classification
|
Former Rate of Pay
|
SWC June 2007
|
Weekly Rate of Pay
|
|
$
|
$
|
$
|
Group 1
|
533.90
|
20.00
|
553.90
|
Group 2
|
529.10
|
20.00
|
549.10
|
Group 3
|
525.50
|
20.00
|
545.50
|
Group 4
|
521.80
|
20.00
|
541.80
|
Group 5
|
517.60
|
20.00
|
537.60
|
Group 6
|
515.00
|
20.00
|
535.00
|
Forklift with lifting capacity up
|
|
|
|
to and including 4.5 tonnes
|
533.90
|
20.00
|
553.90
|
Lifting capacity over 4.5 tonnes
|
540.20
|
20.00
|
560.20
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
4.2
|
Number of employees - less than 3 employees
|
12.48 per week
|
|
|
3 to 10 employees
|
19.29 per week
|
|
|
11 to 20 employees
|
29.59 per week
|
|
|
21 or more employees
|
42.07 per week
|
2
|
7.2
|
Wet Places
|
0.66 per hour extra
|
3
|
7.3
|
Dirty Work
|
1.01 per hour extra
|
|
|
|
(1.81 minimum)
|
4
|
7.4
|
Heavy Weights
|
0.47 per hour or part
|
|
|
|
thereof
|
5.
|
7.5
|
Carton Stacking
|
0.38 extra per hour or
|
|
|
|
part thereof
|
6
|
7.6.1
|
Cold Temperatures (between minus 1° and minus
|
|
|
|
7° Celsius)
|
0.66 per hour
|
7
|
7.6.2
|
Cold Temperatures (between minus 8° and minus
|
1.01 per hour
|
|
|
18° Celsius)
|
|
8
|
7.6.3
|
Cold Temperatures (below minus 18° Celsius)
|
1.64 per hour
|
9.
|
7.8.2
|
Pea-vining
|
6.60 per week
|
10.
|
7.10
|
Fumigation Gas
|
8.40
|
11.
|
13.7.1
|
Meal Allowance
|
15.61
|
12.
|
14.2
|
First-aid
|
3.17 extra per day
|
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.