DETERMINATION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Pastoral Award 2010
(AM2014/239 and AM2015/23)

PASTORAL AWARD 2010
[MA000035]


Agricultural industry
JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT KOVACIC COMMISSIONER SAUNDERS	MELBOURNE, 31 OCTOBER 2016

4 yearly review of modern awards - Pastoral Award 2010 - ‘learner shearers’.

A. Further to the Full Bench Decision issued on 8 July 2016 1, the above award is varied as follows:

1. By deleting clause 44.4 and inserting the following:

44.4 Shearers and learner shearers

(a) Shearers

Shearers will be engaged to shear and/or crutch sheep.

(b) Learner shearers

(i) A learner will mean a shearer or intending shearer who has not yet shorn five thousand sheep.

(ii) A learner who starts in a shed as a learner will continue to be regarded as a learner under clause 44.4 for a run of sheds, although they become a shearer, not a learner, before the run of sheds is completed.

(iii) The learner must produce to their employer or intended employer a certificate, log book or equivalent in the following form showing the number of sheep they have shorn:

LEARNER’S CERTIFICATE TO BE PRESENTED AT EACH SHEARING

Issued to ……………………………..

Home address ………………………………

Date of issue of certificate ………………………………….

Age ……………………………………..

DATE	STATION	TOTAL SHEEP SHORN	AVERAGE TALLY PER DAY (WHOLE DAYS)	SIGNATURE OF OWNER OR MANAGER OR SHED OVERSEER	SIGNATURE OF LEARNER	TOTAL SHEEP SHORN PRIOR TO ISSUE OF THIS CERTIFICATE

(iv) The earnings of a learner shearer will not be less than they would have received had they been employed for the same period as an adult shed hand, plus the combs and cutters allowance of $20.36 per week. The agreement of such specified learner will be endorsed “learner” at the time it is signed.

B. This determination comes into operation from 21 October 2016. In accordance with s.165(3) 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 21 October 2016.

PRESIDENT

1 [2016] FWCFB 4393

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