MA000035 PR566706

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2014–15
(C2015/1)

PASTORAL AWARD 2010
[MA000035]

Agricultural industry
JUSTICE ROSS, PRESIDENT SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON COMMISSIONER HAMPTON MR COLE PROFESSOR RICHARDSON MR GIBBS	MELBOURNE, 18 JUNE 2015

Annual Wage Review 2014–15.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2014–15 on 2 June 2015 [[2015] FWCFB 3500], the above award is varied as follows:

1. By deleting the table appearing in clause 28.1 and inserting the following:

Wage group	Weekly award rate	Hourly rate
	$	$
FLH1	656.90	17.29
FLH2	675.90	17.79
FLH3	685.50	18.04
FLH4	701.80	18.47
FLH5	714.40	18.80
FLH6	725.90	19.10
FLH7	764.90	20.13
FLH8	821.80	21.63

2. By deleting the table appearing in clause 34.1 and inserting the following:

Wage group	Weekly award rate	Hourly rate
	$	$
PA1	656.90	17.29
PA2	675.40	17.77
PA3	701.80	18.47
PA4	726.00	19.11
PA5	744.70	19.60
PA6	764.90	20.13
PA7	788.80	20.76

3. By deleting the table appearing in clause 40.1 and inserting the following:

Wage group	Weekly award rate	Hourly rate
	$	$
PW1	656.90	17.29
PW2	685.50	18.04
PW3	714.40	18.80
PW4	764.90	20.13

4. By deleting the amount “$281.15” appearing above the table in clause 45.1(a) and inserting “$287.03”.

5. By deleting the table appearing in clause 45.1(a) and inserting the following:

Shearer’s formula	$
Minimum rate	721.73
Plus 20% piecework allowance—min rate x 20%	144.35
Plus 25% casual loading—min rate x 25%	180.43
Subtotal	1046.51
Plus shearing industry allowance	209.85
Plus rations	56.29
Plus allowance for combs/cutters	99.93
Plus payment for handpiece	22.59
Weekly total for casual piecework shearer with own handpiece (500 sheep)	1435.17
Rate per 100 conversion—total divided by 5	287.03

6. By deleting the amount “$28.56” appearing in clause 45.1(h) and inserting “$29.20”.

7. By deleting the table appearing in clause 45.1(i) and inserting the following:

$214.45 per day if not found employee;

$185.25 per day if found employee.

8. By deleting the table appearing in clause 45.2(a) and inserting the following:

	Per 100 $	Per 100 $
	At sheds	Other than at sheds
Full crutching, that is, shearing the inside parts of the legs, between the legs, and around and above the tail. In addition when required:	83.24	71.76
● removing wool that has been struck by blowfly;
● lifting the bottom leg and shearing that leg prior to turning the sheep around and above the tail; and/or
● giving up to two blows above the tail
All other crutching	66.02	57.41
For wigging or ringing	31.57	31.57
For either wigging or ringing in addition to crutching	8.61	8.61
For wigging and ringing	51.67	51.67
For wigging and ringing in addition to crutching—crutching rate plus	14.35	14.35
For cleaning the belly of any ewe above the teats (no more than two blows of the machine or shears)—crutching rates plus	7.18	7.18

9. By deleting the amount “$8.93” appearing in clause 45.2(b) and inserting “$9.16”.

10. By deleting the amount “$28.56” appearing in clause 45.2(e) and inserting “$29.20”.

11. By deleting the table appearing in clause 45.3(a) and inserting the following:

Adults	Weekly $	Per run $
For adults with less than 65 work days experience as a shed hand	1029.00	51.45
For adults with 65 or more work days experience as a shed hand	1082.05	54.10

12. By deleting the table appearing in clause 45.3(b) and inserting the following:

	$
With less than 65 work days experience in the industry
Minimum rate—which is 84.56% of Shearer’s minimum rate	610.29
Plus 25% casual loading—new minimum wage rate x 25%	152.57
Plus shearing industry allowance	209.85
Plus rations	56.29
Total	1029.00
Per run—divide by 20	51.45
With more than 65 work days experience in the industry
Minimum rate which is 90.44% of Shearer’s minimum rate	652.73
Plus 25% casual loading—new minimum wage rate x 25%	163.18
Plus shearing industry allowance	209.85
Plus rations	56.29
Total	1082.05
Per run—divide by 20	54.10

13. By deleting the table appearing in clause 45.3(c) and inserting the following:

	$ per run
Under 18 years
With less than 65 work days experience as a shed hand	36.02
70% of equivalent adult rate
With 65 work days or more experience as a shed hand	37.87
70% of equivalent adult rate
18–20 years
With less than 65 work days experience as a shed hand	46.31
90% of equivalent adult rate
With 65 work days or more experience as a shed hand	48.69
90% of equivalent adult rate

14. By deleting the amount “$28.56” appearing in clause 45.3(d) and inserting “$29.20”.

15. By deleting the table appearing in clause 45.4(a) and inserting the following:

	$
By hand—per bale	17.23
By hand—per kilo	0.1131
By power—per bale	11.49
By power—per kilo	0.0754

16. By deleting the table appearing in clause 45.4(b) and inserting the following:

	Piecework	Timework
	$	$
Minimum rate	648.44	702.41
Plus 20% piecework allowance—min rate x 20%	129.69	-
Plus 25% casual loading—min rate x 25%	162.11	175.60
Subtotal	940.24
Plus shearing industry allowance	209.85	209.85
Plus rations	56.29	56.29
Total per week	1206.38	1144.15
Per run—total divided by 20		57.21
By hand—per bale = total divided by 70	17.23	-
By hand—per kilo = by hand per bale rate divided by 152.4	0.1131	-
By power—per bale = by hand per bale rate x 2/3	11.49	-
By power—per kilo = by power per bale rate divided by 152.4	0.0754	-

17. By deleting the amount “$0.37” appearing in clause 45.4(c) and inserting “$0.38”.

18. By deleting the amount “$55.94” appearing in clause 45.4(d) and inserting “$57.21”.

19. By deleting the amount “$28.56” appearing in clause 45.4(e) and inserting “$29.20”.

20. By deleting the amounts “$55.94” and “$28.56” appearing in clause 45.4(g) and inserting “$57.21” and “$29.20” respectively.

21. By deleting the amounts “$17.53” and “$227.84” appearing in clause 45.5(a) and inserting “$17.94 and “$233.20” respectively.

22. By deleting the table appearing in clause 45.5(b) and inserting the following:

Shearing cook’s formula	$
Minimum rate	703.45
Plus 25% casual loading—min rate x 25%	175.86
Plus 20% long hours allowance—min rate x 20%	140.69
Plus 69.58% of shearing industry allowance	146.01
Total	1166.01
Daily rate—total divided by 5	233.20
Per employee per day rate = daily rate divided by 13	17.94

23. By deleting the amount “$316.58” appearing in clause 45.6(a) and inserting “$324.61”.

24. By deleting the table appearing in clause 45.8(a) and inserting the following:

Classification	Rate per week
	$
Shearing shed expert level 1	1083.20
Shearing shed expert level 2	1203.55
Woolclasser level 1	1203.55
Woolclasser level 2	1298.45
Woolclasser level 3	1360.15

25. By deleting the table appearing in clause 45.8(a)(i) and inserting the following:

	$
Base	755.59
Plus casual loading of 25% (of base)	188.90
Subtotal	944.49
Plus conditions allowance	107.15
Plus enterprise flexibility (including hours) and wet weather allowance	151.89
Total	1203.53
Rounded to the nearest five cents	1203.55

26. By deleting the table appearing in clause 45.8(a)(ii) and inserting the following:

	$
Base	755.59
Woolrolling and other shed hands work	75.93
Subtotal 1	831.52
Plus casual loading of 25% (of subtotal 1)	207.88
Subtotal 2	1039.40
Plus conditions allowance	107.15
Plus enterprise flexibility (including hours) and wet weather allowance	151.89
Total	1298.44
Rounded to the nearest five cents	1298.45

27. By deleting the table appearing in clause 45.8(a)(iii) and inserting the following:

	$
Base	755.59
Woolrolling and other shed hands work	75.93
Bookkeeping, overseeing, experting	49.37
Subtotal 1	880.89
Plus casual loading of 25% (of subtotal 1)	220.22
Subtotal 2	1101.11
Plus conditions allowance	107.15
Plus enterprise flexibility (including hours) and wet weather allowance	151.89
Total	1360.15
Rounded to the nearest five cents	1360.15

28. By deleting clause 45.8(b) and inserting the following

(b) Piecework rate

The piecework rate formula is: $1,298.45 (Woolclasser level 2) divided by 4 = $324.61.

29. By deleting the amount “$1,056.74” appearing in clause 45.8(c)(i) and inserting “$1,083.20”.

30. By deleting the amount $1,174.15 appearing in clause 45.8(c)(ii) and inserting $1,203.55.

31. By deleting the amounts “$164.58” and “$136.02” appearing in clause 46.5(a) and inserting “$168.02” and “$138.82” respectively.

32. By deleting clause C.5 and inserting the following:

C.5 Minimum Wages

C.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	387.20
Plus 1 year out of school	325.00	387.20	450.60
Plus 2 years out of school	387.20	450.60	524.40
Plus 3 years out of school	450.60	524.40	600.40
Plus 4 years out of school	524.40	600.40
Plus 5 or more years out of school	600.40

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	433.40
Plus 2 years out of school	376.80	433.40	508.20
Plus 3 years out of school	433.40	508.20	579.70
Plus 4 years out of school	508.20	579.70
Plus 5 or more years out of school	579.70

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	424.10
Plus 2 years out of school	376.80	424.10	473.80
Plus 3 years out of school	424.10	473.80	527.90
Plus 4 years out of school	473.80	527.90
Plus 5 or more years out of school	527.90

(d) AQF Certificate Level IV traineeships

(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	623.50	647.70
Wage Level B	601.60	624.70
Wage Level C	547.50	568.20

C.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.74
Plus 1 year out of school	10.70	12.74	14.83
Plus 2 years out of school	12.74	14.83	17.25
Plus 3 years out of school	14.83	17.25	19.74
Plus 4 years out of school	17.25	19.74
Plus 5 or more years out of school	19.74

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	14.26
Plus 2 years out of school	12.40	14.26	16.73
Plus 3 years out of school	14.26	16.73	19.08
Plus 4 years out of school	16.73	19.08
Plus 5 or more years out of school	19.08

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	13.95
Plus 2 years out of school	12.40	13.95	15.58
Plus 3 years out of school	13.95	15.58	17.36
Plus 4 years out of school	15.58	17.36
Plus 5 or more years out of school	17.36

(d) School-based traineeships

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.71	10.70

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	20.51	21.31
Wage Level B	19.77	20.54
Wage Level C	18.01	18.70

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

C.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

B. This determination comes into operation from 1 July 2015. In accordance with s.166(5) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2015.

SENIOR DEPUTY PRESIDENT

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