AP781451CRV - Federal Meat Industry (Processing) Award 2000
1. The conditions set out in this schedule shall be provided to the employees to whom this schedule applies. The wage rates set out in clause 2 hereof shall apply in lieu of the rates set out in clause 14.1 of the Federal Meat Industry (Processing) Award 2000.
2. Weekly wage rates
2.1 The weekly wage rates shall be:
Employee classification level |
Award rate per week |
Residual |
$ |
$ | |
Boners (level 5) |
551.60 |
176.40 |
Slicers (level 4) |
538.30 |
179.80 |
Slaughterer - class 1 (level 5) |
551.60 |
50.40 |
Slaughterer - class 2 (level 4) |
538.30 |
63.70 |
Slaughterer - class 3
|
527.00 |
0.00 |
Labourers - beef slaughtering room (level 2) |
512.20 |
0.00 |
Labourers - boning room (level 2) |
512.20 |
0.00 |
2.2 The Residual amounts in clause 2.1 shall be absorbed as against any Safety-Net review increases or other general increases arising from decisions of the Commission.
2.3 Safety Net Review – June 2005
The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
3. Long service leave
3.1 All employees, other than casual, shall be entitled to Long Service Leave on ordinary pay in respect to continuous employment.
3.2 The amount of such entitlement shall be:
(a) On the completion by the employee of fifteen (15) years continuous employment with his or her employer, thirteen (13) weeks Long Service Leave and thereafter an additional four and a third weeks Long Service leave on completion of each addition five (5) years of continuous employment with such employer.
(b) In addition, in the case of an employee who has completed more than fifteen (15) years continuous employment with his or her employer and whose employment is terminated otherwise than by the death of the worker, an amount of Long Service Leave equal to one sixtieth of the period of his or her continuous employment since the last accrual of entitlement to Long Service Leave under paragraph (a) of this subclause.
(c) In the case of an employee who has completed at least five (5) but less than seven and one half (7.5) years of continuous employment with the employer, and whose employment is terminated by the employer for any cause, other than violence against a staff member or on account of permanent incapacity arising out of an injury which has occurred in the employ of the employer and which has qualified for compensation under the relevant legislation or by the permanent retirement of the employee on account of age or on account of general illness for which a medical certificate shall be provided to the employer, such amount of Long Service Leave as equals one-sixtieth of the period of his or her continuous employment.
(d) In the case of an employee who has completed at least seven and one half (7.5) years of continuous employment with his or her employer and whose employment is terminated for any cause, such amount of Long Service Leave as equals one-sixtieth of the period of his or her continuous employment.
3.3 If an employee who is entitled to any amount of Long Service Leave dies before or while taking Long Service Leave the employer shall pay to his or her personal representative as sum equal to the amount of ordinary pay that would have been payable to the employee in respect of the period of Long Service Leave not taken by the employee less any amount already paid to the employee in respect of any such leave not taken.
3.4 When an employee who has completed more than fifteen (15) years continuous employment with an employer dies while still in the continuous employment of such employer, his or her employer in addition to any sum payable under clause 3.3, shall thereupon pay to this personal representative in respect of any period (hereinafter called the fractional period) of that continuous employment which is after the last accrual of entitlement to Long Service Leave under clause 3.2 paragraph (a) of this clause, a sum equal to the amount of his or her ordinary pay for the period equalling one-sixtieth of such fractional period.
3.5 Where an employee who has completed at least five (5) years but less than fifteen (15) years of continuous service with an employer dies while still in the employment of such employer, his or her employer shall thereupon pay to his or her personal representative a sum equal to the amount of his or her ordinary pay for a period equalling one-sixtieth of the period of his or her continuous employment.
3.6 Except as provided in this clause, payment shall not be made by an employer to an employee or his or her personal representative in lieu of any Long Service Leave or part thereof to which the employee is entitled under this clause nor shall such payment be accepted by any employee or his or her personal representative.
3.7 Notwithstanding anything in clauses 3.1 and 3.2 for the purpose of determining:
(a) the amount of Long Service Leave or pay in lieu thereof to which an employee or an employee's personal representative is entitled in respect of a period of employment beginning before the commencement of the Victorian Labour and Industry (Long Service Leave) Act 1964 and ending after the said commencement; or
(b) whether or not an employee is entitled pursuant to paragraph (a) of sub-section (2) of Section (67) of the Industrial Relations Act 1979 to Long Service Leave in respect of a period of employment so beginning and ending.
So much of that period of employment as was completed before the said commencement shall be reduced by one quarter.
3.8 When an employee becomes entitled to Long Service Leave under this clause such leave shall be granted by the employer as soon as practicable having regard to the needs of his or her establishment, provided that:
(a) the taking of such leave may be postponed to such date as is mutually agreed or in default of agreement the matter shall be dealt with in accordance with clause 11 - Procedure to avoid industrial disputation, of the Federal Meat Industry (Processing) Award 2000.
(b) In no case shall entitlements to Long Service Leave be lost or in anyway affected by the foregoing provisions of this subclause or by failure or refusal of the employer to grant this leave.
3.9 Notwithstanding anything in the last preceding subclause where the employment of an employee is for any reason terminated before he or she takes any Long Service Leave to which he or she takes any Long Service Leave to which he or she is entitled or where any Long Service Leave accrues to an employee because of the termination of his or her employment the employee shall be deemed to have commenced to take this leave on the date of such termination of employment and he or she shall be entitled to be paid by his or her employer ordinary pay in respect of such leave accordingly.
3.10 If an employer and an employee so agree:
(a) the first thirteen (13) weeks Long Service Leave to which the employee becomes entitled may be taken in two (2) or three (3) separate periods; and
(b) any subsequent pay of Long Service Leave to which the employee becomes entitled may be taken in two (2) separate periods – but save as aforesaid, Long Service Leave shall be taken in one (1) period.
3.11 The ordinary pay of an employee on Long Service Leave shall be paid to him or her by the employer when the leave is taken and shall be paid in one of the following ways:
(a) in full when the employee commences his or her leave; or
(b) at the same time as it would have been paid if any employee was still on duty, in which case, payment shall, if the employee in writing so required, be made by cheque posted to a specified address; or
(c) in any other way agreed between the employer and the employee – and the right to receive ordinary pay in respect of such leave shall accrue accordingly.
3.12 Where any holiday as provided under clause 31 - Public holidays, of the Federal Meat Industry (Processing) Award 2000 for which the employee is entitled to payment occurred during any period of Long Service Leave taken by the employee under this clause, the period of the leave shall be increased by one day in respect of that holiday.
3.13 Any dispute as to:
(a) whether or when an employee or an employee's personal representative is or her become entitled to Long Service Leave or payment in lieu thereof; or
(b) the rate or ordinary pay of an employee for the purposes of his clause;
shall be determined in accordance with clause 11 - Procedure to avoid industrial disputation, of the Federal Meat Industry (Processing) Award 2000.
3.14 For the purposes of Long Service Leave, ordinary pay in relation to any employee means remuneration for the employees' normal weekly hours of work calculated at the ordinary time rate of pay as prescribed at clause 2 of Schedule A and clauses 21 and 25 of the Federal Meat Industry (Processing) Award 2000.
3.15 For the purposes of Long Service Leave prescribed by this clause, when a business is, whether before or after the commencement of this Schedule, transmitted from an employer (in the paragraph called the transmittor) to another employer (in this paragraph called the transmittee) and an employee who at the time of such transaction was an employee of the transmittor in that business becomes an employee of the transmittee:
(a) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission;
(b) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be employed of the employee with the transmittee.
3.16 Where the employment of an employee apprenticed to an employer has whether before or after or after the commencement of the Victorian (Long Service Leave) Act 1964 been continued by that employer of the apprentice, the period of the apprenticeship shall be counted as part of the period of continuous employment of that employee with that employer.
3.17 The continuous employment by an employer of an employee who was employed by him or her at the commencement of the Victorian Labour and Industry (Long Service Leave) Act 1964 shall for the purpose of this clause commence at the actual date (before the commencement of the Victorian Labour and Industry (Long Service Leave) Act 1964 of such employment, provided that in computing entitlement to Long Service Leave:
(a) any continuous employment before the commencement of the Victorian Factories and Shops (Long Service Leave) Act 1953 to the extent to which it is in excess of twenty (20) years shall be disregarded;
(b) any Long Service Leave (or payment in lieu thereof) granted to the employee in respect of any period of employment which is under this subclause taken into account in computing the employee's entitlement to Long Service Leave under the clause shall be taken into account and be deemed to have been leave taken under this clause.
3.18 No employee shall during any period when he or she is on Long Service Leave engage in any employment for hire or reward.
3.19 No person shall knowingly employ any employee for hire or reward during any period when such worker is on Long Service Leave.
3.20 Any amount due and owing by an employer to an employee or his or her personal representative under this clause shall remain due and owing until paid.
3.21 For the purpose of this clause employment (whether commencing) shall be deemed to be continuous notwithstanding:
(a) the taking of any Annual Leave or Long Service Leave;
(b) any absence from work of not more than forty-eight (48) weeks in any year on account of illness or injury;
(c) any interruption or ending of the employment by the employer of such interruption or ending is made with the intention of avoiding obligation on respect of Long Service Leave;
(d) any interruption arising directly or indirectly from an industrial dispute;
(e) the dismissal of an employee if he or she is re-employed within a period not exceeding two (2) months from the date of such dismissal;
(f) the standing down or dismissal of an employee on account of slackness of trade (and for no other reason) provided the employee is re-employed within twelve (12) months of such dismissal;
(g) the absence, not exceeding twelve (12) months, associated with the taking of parental leave pursuant to clause 30 - Parental leave, of the Federal Meat Industry (Processing) Award 2000;
(h) any other absence of the employee by leave of the employer.
3.22 In calculating the period of continuous employment of any employee any interruption or absence of a kind mentioned in subparagraphs (a) to (c) of clause 3.21 above shall be counted as part of the period of his or her employment but any interruption or absence of a kind mentioned in subparagraphs (d) to (h) above shall not be counted as part of the period of employment.
4. Sick leave
4.1 An employee eligible for sick leave shall accrue sick leave at the rate of 6 2/3 hours for each completed month of service.
4.2 Should an employee eligible for sick leave his or her employment for any reason, or be dismissed for reasons other than misconduct, he or she shall be paid for all sick leave that has been accumulated on his or her behalf up to a maximum of 160 hours.
4.3 In all other respects the provisions of clause 27 of the Federal Meat Industry (Processing) Award 2000 shall apply.
5. Superannuation
5.1 The employer's minimum contribution for employees engaged as full-time employees is $45.00 per week.
5.2 in all other respects the provisions of clause 20 of the federal meat industry (processing) award 2000 shall apply.
