AP781451CRV - Federal Meat Industry (Processing) Award 2000

PART 3 - EMPLOYMENT RELATIONSHIP 

8. GENERAL PROVISIONS

8.1 An employee may be engaged on full-time, part-time, casual, daily hire or part-time daily hire employment. At the point of an offer of employment, the employer shall inform the employee which category of employment is being offered. The employer and an employee may agree to the transfer of the employee from one category to another..

Notwithstanding anything contained in this Award, if the employer and an employee are unable to agree upon a transfer from one category to another, the employer may require the employee to transfer from:-

8.1.1 full-time to daily hire; or

8.1.2 daily hire to full-time; or

8.1.3 part-time to part-time daily hire; or

8.1.4 part-time daily hire to part-time;

upon giving to the employee 7 days notice of such transfer.

8.2 Employees will perform such work as the employer directs on the days and hours so requested.

8.3 An employer may direct an employee to perform any duties within the employee’s skill, competence and knowledge. The employee will follow such directions.

8.4 Notwithstanding anything contained in this award, an employee who has been given, and has accepted, managerial responsibility shall not be subject to the provisions of this award.

8.5 An employee not attending for duty shall, except where otherwise expressly provided, forfeit pay for the actual time of such non-attendance.

8.6 Employment Categories

8.7 Full-time employment

A full-time employee is an employee who is engaged to work an average of 38 hours per week.

8.8 Part-time Employment

8.8.1 An employer may employ part-time employees in any classification in this award.

8.8.2 A part-time employee is an employee who:

8.8.2(a) works less than the full-time hours of 38 per week; and

8.8.2(b) has reasonably predictable hours of work of not less than four consecutive hours per day; and

8.8.2(c) receives, on a pro rata hourly basis, equivalent pay and conditions to those of full-time employees who do the same work.

8.8.3 The terms of any agreement concerning part-time employment or any variation to it shall be in writing and retained by the employer.

8.8.4 A copy of the agreement and any variation to it shall be provided to the employee by the employer.

8.9 Casual Employment

8.9.1 A casual employee is one who is engaged and paid as such. The minimum period of engagement will be four hours each day which may be comprised of hours within or outside the ordinary hours of work otherwise prescribed by this award.

8.9.2 A casual employee may be employed by the day or shift, and their employment will terminate at the end of each day or shift. A casual employee who terminates their employment prior to the end of the ordinary working hours on any day or shift will not be entitled to payment in respect of any time actually worked on that day or shift.

8.9.3 A casual employee will be paid for each hour employed, at the ordinary hourly rate for the classification in which they are employed plus a loading of 20 percent based on that employee's ordinary hourly rate for each hour employed. The loading is in lieu of payment for annual leave, sick leave, public holidays, bereavement leave, special family leave, parental leave and long service leave (whether under any other Federal award or any state legislation).

8.9.4 A casual employee who works overtime shall be paid for such overtime at the appropriate rate defined by 3.6.2 and 3.6.3.

8.9.5 A casual employee employed on shift work shall in addition to the appropriate casual loading be paid the appropriate shift loading based on that employee’s ordinary hourly rate.

8.9.6 Casual employees will be notified wherever possible of their starting and finishing times for the period of their engagement at the commencement of their engagement.

8.9.7 A casual adult or junior cleaner employed to clean premises may be employed for not less than two hours per engagement.

8.10 Daily hire or part-time daily hire employment

8.10.1 A daily hire employee or a part-time daily hire employee will be employed by the day or shift or part thereof as the case may be and, without prejudice to the provisions of this award as to payment for award holidays, sick leave and annual leave, employment will terminate at the end of each day or shift on which the employee is employed.

8.10.2 A daily hire employee may be required to work no less than 7.6 ordinary hours for each day they are employed in accordance with this award.

8.10.3 A part-time daily hire employee may be required to work not less than four consecutive hours for each day they are employed in accordance with this award.

8.10.4 Notwithstanding the termination of employment at the end of each day or shift, the engagement of a daily hire employee or a part-time daily hire employee will continue until the engagement is terminated.

8.10.5 Such engagement may be terminated by notice on either side as from the end of the ordinary working hours on the day or shift on which it is given, whether the employee is employed on that day or not, or at any later time specified by the notice.

8.10.6 An employee who terminates their engagement as from a time prior to the end of the ordinary working hours on any day or shift without having given the prescribed notice will not be entitled to payment in respect of any time actually worked on that day or shift.

8.10.7 Such engagement will be deemed to be terminated if the employment of the employee is summarily terminated during any day or shift in accordance with 9.2.

8.10.8 In consideration of the rights conferred on daily hire employees or a part-time daily hire employee by this part of this award, a daily hire employee or a part-time daily hire employee will attend and offer for employment at a place specified by the employer at the normal starting time on each ordinary working day unless notified that on a particular day they are not required to attend.

8.10.9 A daily hire employee will be remunerated at the daily rate of one-fifth of the award rate per week prescribed by 14.1, for the classification in which they are employed plus a daily hire loading of ten per cent of that daily rate.

8.10.10 A part-time daily hire employee will receive, on a pro-rata hourly basis, equivalent pay and conditions to those of daily hire employees who do the same work.

8.11 Trainees

8.11.1 States other than Queensland

Except in the State of Queensland trainees will be employed in accordance with the terms and conditions of the federal award known as the National Training Wage Award 2000 [Print T0813 [N0277]].

8.11.2 The State of Queensland - Trainees

Trainees employed in Queensland shall have wages and conditions prescribed by the Meat Industry Order for Apprentices' and Trainees' Wages and Conditions (B1184 of 1999 of the Queensland Industrial Relations Commission) or such other Order of that Commission in substitution thereof.

8.11.3 The State of Queensland - Apprentices

8.11.3(a) Apprentices indentured in Queensland shall have training conditions prescribed by the Meat Industry Order for Apprentices' and Trainees' Wages and Conditions (B1184 of 1999 of the Queensland Industrial Relations Commission) or such other Order of that Commission in substitution thereof.

8.11.3(b) Federal indentures for apprentices indentured in the State of Queensland shall, for the purposes of administration, be deemed to be Training Agreements in accordance with the provisions of the Training and Employment Act (Qld.) 2000 or such other Queensland Act made in substitution thereof.