AP781451CRV - Federal Meat Industry (Processing) Award 2000

APPENDIX C - SAVINGS PROVISIONS FOR NAMED QUEENSLAND MEAT PROCESSING PLANTS

[Appx C inserted by PR910734 from 29Oct01]

Clause 1
In addition to the matters set out in the body of the Award, the provisions of this Appendix as indicated in the following schedule apply in respect of the particular processing operations of the respondents listed in the schedule to all employees including casuals (where applicable), except where otherwise provided. To the extent of any inconsistency, the provisions in this Appendix shall prevail over any other terms of the Award.

Provision		Processing Plant
Clause Title	No.	AMH – Beef City & Dinmore	CMG – Lakes Creek & Innisfail	Teys Bros – Beenleigh & Biloela	Kilcoy Pastoral Company – Kilcoy	Oakey Abattoir - Oakey	AMH – Stuart	AMH – Rockhampton	Thomas Borthwick - Mackay
Mixed Functions	1	ü	ü	ü	ü	ü	ü	ü	ü
Special Rates – Skinning Slinks	2.1	ü	ü	ü	ü	ü	ü	ü	ü
Special Rates – Rendering	2.2	ü	ü	ü	ü	ü
Special Rates – Meal Allowance	2.3	ü	ü	ü	ü	ü
Special Rates - Dog Allowance	2.4	ü	ü	ü	ü	ü
Special Rates - Leading Hand Allowances	2.5						ü	ü	ü
Hours of Work – Cleaners	3	ü	ü	ü	ü	ü
Overtime	4	ü	ü	ü	ü	ü	ü	ü	ü
Public Holidays – Substituted & Additional Days	5.1 & 5.2	ü	ü	ü	ü	ü	ü	ü	ü
Public Holidays – Rate when worked	5.3	ü	ü	ü	ü	ü
Public Holidays – Entitlement to Payment	5.4 & 5.5						ü	ü	ü
Annual Close Down	6.1	ü	ü	ü	ü	ü
Annual Close Down – AMH, Stuart & Rockhampton	6.2						ü	ü
Granting of Annual Leave	6.3						ü	ü	ü
Christmas Period Close Down	7	ü	ü	ü	ü	ü		ü
Rest Breaks	8	ü	ü	ü	ü	ü	ü	ü	ü
Sick Leave – Entitlements	9.1 & 9.2	ü	ü	ü	ü	ü	ü	ü	ü
Sick Leave – Qualifying Service	9.3						ü	ü	ü
Jury Service	10	ü	ü	ü	ü	ü	ü	ü	ü
Long Service Leave – Pro rata entitlement	11.1	ü	ü	ü	ü	ü
Long Service Leave – Pro rata entitlement	11.2						ü	ü	ü
Suspension	12						ü	ü	ü
Stand Down	13						ü	ü	ü
Juniors – Percentage of adult rates	14.1						ü	ü	ü
Juniors – Certain restrictions	14.2	ü	ü	ü	ü	ü	ü	ü	ü
Juniors – Lifting Limitations	14.3	ü	ü	ü	ü	ü
Hard Meat Disputes	15						ü	ü	ü
Performance of Work	16						ü	ü	ü
Seasonal Allowance – AMH, Stuart & Rockhampton	17						ü	ü
Intermittency Allowance – Thomas Borthwick, Mackay	18								ü
Minimum Payment – 4 Day Guarantee – Thomas Borthwick, Mackay	19								ü
Shift Work – Night Shift Allowance	20.1						ü	ü
Shift Work – Morning Shift	20.2						ü	ü	ü
Knives and Tools of Trade	21.1 - 21.3	ü	ü	ü	ü	ü	ü	ü	ü
Knives and Tools of Trade	21.4	ü	ü	ü	ü	ü
Learners	22	ü	ü	ü	ü	ü	ü	ü	ü
Clothing and Laundry	23	ü	ü	ü	ü	ü	ü	ü	ü
Horse and Equipment	24	ü	ü	ü	ü	ü	ü	ü	ü

1 Mixed Functions

The provisions of clause 15 of the award will apply with the exception that the time to be worked to determine the period of payment will be one hour in lieu of two.

2. Special Rates

[Appx C:2 varied by PR930602 PR948993 PR960889; PR975964 ppc 31Jan07]

2.1 Skinning Slinks - An employee who is required to perform the task of saving foetal calf serum and/or skinning slinks shall be paid an allowance of 86 cents for each hour or part thereof he is engaged on either or both of such tasks.

2.2 Rendering Section Allowance - Employees who are working in the rendering section of a meatworks and who are directly associated with and involved with certain objectionable procedures in that section shall be paid an allowance of 5% on their particular classification rate.

2.3 Meal Allowance - Where an employee is notified he will be called upon to work overtime for one and a half hours or more on a day subsequent to the day on which the notice is given and such notice is cancelled on the day on which such overtime was to be worked, he shall be paid meal money as prescribed by subclause 19.5 of the award.

2.4 Dog Allowance - An employee who is required by the employer to use dogs for the purpose of penning up, or droving and yarding sheep, or who is directed by the employer to use dogs for penning up or yarding cattle shall receive an allowance at the rate of $18.57 per week (irrespective of the number of dogs used) and in addition shall be supplied with a muzzle (which shall remain the property of the employer) and with 1 kg. of meat per day for each dog housed on the employer’s premises with the employer’s approval

2.5 Leading Hand Allowances

Employees in charge of –

not more than ten employees	$11.19 per week
more than ten and not more than 20 employees	$19.41 per week
more than 20 employees	$27.86 per week

3. Hours of Work - Cleaners

3.1 Employees employed as cleaners in a pre-packing area, room or factory may be worked between 6.00 a.m. and midnight.

Such employees shall be paid at the following rates:

3.1.1 Where the work commences not later than 8.30 a.m. and finishes not later than 5.30 p.m at the daily rate of classification Level 1.

3.1.2 Where the work commences after 8.30 a.m. and before 12.00 noon at the daily rate of classification Level 1with the addition of 5 per cent.

3.1.3 Where the work commences at 12.00 noon or later and finishes at or before midnight at the daily rate of classification Level 1plus 12-1/2 per cent.

3.1.4 In the case of junior employees the appropriate junior rate shall be substituted for the Level 1 classification rate in addition to the relevant per cent loading.

4. Overtime

4.1 In clause 24.1 of the award two hours will apply in lieu of three for the purpose of determining the overtime rate.

4.2 An employee who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he or she 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 he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of his or her employer an employee resumes or continues work without having such consecutive hours off duty, he or she shall be paid double time until he or she is released from duty for such period, and he or she shall then be entitled to be absent until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another as if six hours were substituted for eight hours when overtime is worked:

4.2.1 for the purposes of changing shift rosters; or

4.2.2 where a shift worker does not report for duty; or

4.2.3 where a shift is worked by arrangement between the employees themselves.

Provided that where an employee is required to work a double shift, such employee shall be entitled to an eight hour break after the second or subsequent double shift is worked.

5. Public Holidays

5.1 Where in the State or locality within the State an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of the State Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or a locality thereof, other than by those covered by federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be observed then such day shall be deemed to be a holiday for the purposes of this agreement-award, for employees covered by this agreement-award, who are employed in the State or locality in respect of which the holiday has been proclaimed or ordered as required.

5.2 Where in the State or locality within the State another day is provided by legislation or is proclaimed or gazetted by authority of the Commonwealth Government or State Government in substitution for a holiday mentioned in this clause, and such other day is to be observed generally as a holiday by persons throughout the State or locality thereof, other than by those covered by federal awards, then such day shall be deemed to be a holiday for the purposes of this agreement-award and employees covered by this agreement-award who are employed in the State or locality in respect of which the holiday has been provided, proclaimed or gazetted shall be entitled to such holiday. Provided that in the event of a substitute day being provided by legislation or proclaimed or gazetted as aforesaid, the day on which the holiday would have in fact fallen shall not be deemed to be a holiday for any purpose of this agreement-award.

5.3 For any work performed on a holiday double time shall be paid.

5.4 Payment for an award holiday shall not be made in the circumstances set out in the following subparagraphs:

5.4.1 where an employee who has been called on to work on the award holiday fails to work on such award holiday, except under circumstances which would have entitled him to receive paid sick leave if the day had not been an award holiday

5.4.2 where an employee is entitled to receive workers compensation in respect of the award holiday;

5.4.3 where an employee fails without leave or reasonable excuse to attend and offer for employment (unless notified by the employer that the employee is not required so to do) or fails without reasonable excuse to accept employment (if offered such employment) on the working day before or the working day after the award holiday (or in the case of a consecutive award holiday on the nearest of such working days);

5.4.4 where an employee fails without leave or reasonable excuse to attend and offer for employment (unless notified by the employer that the employee is not required so to do) or fails without reasonable excuse to accept employment (if offered such employment) on any of the five working days immediately before the award holiday (or in the case of a consecutive award holiday the nearest of such five working days);

5.4.5 in the case of an employee who was not employed on the working day before and the working day after such award holiday, where other employees in the employees’ department lost their right to payment for the holiday by reason of a collective absence during the whole or any part of such day or days;

5.5 An employee who works as required in accordance with this award on any award holiday shall be paid as follows:

5.5.1 He shall receive an amount calculated in accordance with the award;

5.5.2 For all work performed on the award holiday (other than work performed in the circumstances provided in paragraph 5.5.3 of this subclause) the employee shall also receive payment for the time actually worked at the ordinary rate, plus 50 per cent of that rate, which would have been applicable if the day had not been an award holiday.

5.5.3 For all work performed on an award holiday, outside or in excess of the ordinary hours of work prescribed by this award for the day of the week on which the holiday falls he shall receive 2-1/2 times the ordinary rate.

Provided that the total of the amounts paid under paragraph 5.5.1 and on the basis of ordinary rate under paragraph 5.5.2 shall be not less than two-and-a-half times the amount paid on the basis of ordinary rate under paragraph 5.5.2.

6. Annual Leave

6.1 Annual Close Down

In clause 26.9.1 of the award, the minimum period of notice will be eight weeks in lieu of three months.

6.2 Annual Close Down – AMH, Stuart & Rockhampton

6.2.1 In clause 26.9.1 of the award, the minimum period of notice will be one month in lieu of three months.

6.2.2 Any period during which an employee is stood off under this clause in excess of the period of annual leave to which he is entitled shall be deemed to be leave without pay granted by the employer.

6.3 Granting of Annual Leave

In clause 26.5.3 of the award six calendar months will apply in lieu of three for the purpose of granting annual leave.

7. Christmas Period Close Down

7.1 Where the engagement of an employee is terminated by the employer during the Christmas period close down in any year, the period of time which is represented by the amount of annual leave or pro rata annual leave, paid at the time of termination, shall be deemed to be service for all purposes of the Award.

For the purpose of this subclause the period of time shall be calculated at .0833 days accrual for each completed day of service including days of authorised paid leave (including any absence from work of not more than 20 days for which an employee is paid workers compensation), paid during the qualifying period.

7.2 The next twelve-monthly qualifying period for each employee affected by such close down shall commence from the day on which the plant is re-opened for work. Provided that the service as calculated in accordance with 7.1 hereof shall be deemed to be service for the next twelve monthly qualifying period.

7.3 An employee terminated at the time of closure who renews or resumes his engagement and/or employment immediately the plant or section or sections concerned re-opens (or at such later date as may be agreed upon between the employer and any individual employee) shall, if the employee qualifies for payment, be paid for such Award holiday/s that fall during the period of deemed service as calculated in 7.1 hereof, provided that the public holiday was observed on a day on which the employees would have otherwise been required to work in accordance with his or her roster.

For the purpose of this subclause the working day before shall mean the last working day the employer required the employee to attend, offer and accept work prior to the close down and the working day after shall mean the first day in which the employee has been notified that he is required to attend, offer and accept work in accordance with the employers requirements when the plant re-opens.

7.4 The employer shall where it is practical and reasonable to do so give to all employees concerned not less than 8 weeks notice of the intention to close any particular plant.

7.5 A plant or section or sections thereof shall be deemed to be temporarily closed where a re-opening occurs within eight months of the closure date of such plant or section.

8. Rest Breaks

8.1 Unless otherwise agreed between the employer and the employee or the majority of the employees concerned two fifteen minute rest breaks shall be allowed to each employee during his ordinary hours of work on any day at a time decided by the employer.

8.2 An employee working overtime shall be allowed a rest break of fifteen minutes after each 2 hours of overtime actually worked, provided that:

8.2.1 he shall not be entitled to such rest break unless he will be required to work for not less than one additional hour more, and,

8.2.2 he shall not be entitled to a rest break within 2 hours of a meal break.

8.3 A shift worker who is allowed paid crib time in lieu of meal-breaks shall not be entitled to rest breaks as provided herein.

9. Sick Leave

9.1 An employee with less than four years’ continuous service with the employer shall become entitled to receive credit of 5.06 hour’s sick leave for each completed month of service; and an employee with more than four years’ continuous service with the employer shall become entitled to receive credit of 6.33 hour’s sick leave for each completed month of service.

For the purpose of this paragraph “continuous service” shall be defined as the period during which the employee has served his or her employer under an unbroken contract of employment; provided that a contract of employment shall be deemed not to have been broken by reason of any interruption of work if the interruption has been directly or indirectly the result of an industrial dispute over an industrial matter between the parties. Provided further that such time lost shall not be counted as service for the purpose of accrual.

9.2 An employer may by agreement with any employee, in lieu of payment for absence through sickness pay an employee going on annual leave his annual entitlement to sick leave. The employer shall pay to the employee upon termination, the remaining portion of any unused sick leave credits.

9.3 Qualifying Service

9.3.1 For the purpose of this clause a "month of service" or a month's service shall mean a month during which the engagement of an employee continues, with the addition thereto of one day for each ordinary working day on which the employee is absent (subject to paragraph 9.3.3 of this subclause) during such month or during any period added thereto under this subclause.

Working days on which an Employee is not required to offer and attend for employment for reasons other than through misconduct of employees shall be included in the calculation of "month of service".

9.3.2 For the purpose of this subclause an employee shall be deemed to have been absent (subject to paragraph 9.3.3 of this subclause) if he has been required by or in accordance with this award to attend and offer himself for work and has failed to do so.

9.3.3 No day or days shall be added under paragraph 9.3.1 of this subclause in the circumstances where an employee is entitled to be absent by reason of:

(A) an award holiday; or his annual holidays; or his long service leave;

(B) jury service;

(C) compassionate leave for which payment is made under clause 21 Compassionate Leave of this award;

(D) sick leave for which the employee is entitled to payment under this clause;

or is absent by reason of personal illness or injury by accident for which the employee is not entitled to payment under this clause, provided the employee otherwise qualifies for payment of sick leave, and to the extent that such absence does not exceed ten days in each twelve months of completed service.

9.3.4 No period of employment as a casual employee shall count as service.

10. Jury Service

10.1 If an employee, other than a casual employee, is required on any day or days to attend at Court in compliance with a summons to appear as a juror he shall for each ordinary working day on which he so attends be granted leave by his employer for that day and be paid an amount equal to the difference between the fee to which he is entitled for attending on such day and the amount of ordinary pay to which he would have been entitled under this agreement had he worked on that day provided:

10.1.1 that he notified his employer that he has received such summons and produces it to his employer on the first working day after receiving same;

10.1.2 that he qualifies for a jury fee on that day, and;

10.1.3 that he attends for work and works as required on the working day before and the working day after the day or days on which he is required to attend and attends for jury service as aforesaid.

10.2 In the case of a shift worker, “day” for the purpose of this clause shall include any shift commencing on that day for which the employee is rostered to work.

10.3 For the purpose of this clause the qualifications for entitlement to payment for an award holiday as provided by the award and this appendix as applicable shall apply.

10.4 In the event that a juror’s fee is calculated by reference to an award entitlement the employer’s obligation under this clause shall be deemed to have terminated.

11. Long Service Leave

11.1 An employee who has completed at least eight years but less than ten years’ service with an employer and whose employment is terminated:

11.1.1 by the employer for any cause other than serious or wilful misconduct; or

11.1.2 by the employee on account of illness, incapacity or domestic or any other pressing necessity where such illness, incapacity or necessity is of such nature as to justify such termination; or

11.1.3 by the death of the employee,

a proportionate amount on the basis of thirteen weeks for fifteen years’ service is payable.

11.2 AMH Stuart and Rockhampton, and Thomas Borthwick

11.2.1 The long service leave provisions of the Industrial Relations Act 1999 (Qld) will apply with the exception that the minimum period of continuous service required to qualify for pro rata leave will be five years where an employee’s employment is terminated:

(A) by the employer for any cause other than serious and wilful misconduct (or in the case of AMH Rockhampton, serious or wilful misconduct); or

(B) or by the employee on account of permanent incapacity arising out of an injury which has occurred in the employ of the employer and which has qualified for workers' compensation, or by the permanent retirement of the employee on account of illness; or

(C) by the death of the employee

In such cases a proportionate amount on the basis of thirteen weeks for fifteen years’ service is payable.

11.2.2 Termination by the employer refers to a permanent termination and does not refer to a seasonal termination.

11.2.3 Where an entitlement to long service leave accrues the employer shall give an employee at least one month's notice of a requirement to take such leave. The employer shall give and the employee shall take such leave as soon as is practicable having regard to the needs of the employer's establishment, or where an employer and the employee agree that the taking of the leave be postponed until an agreed date then as from that date.

12. Suspension of employees

12.1 In lieu of dismissing an employee the employer may suspend an employee for a period not exceeding 10 working days. In such cases the wages shall be paid up to the time of suspension.

12.2 In the case of the suspension of an employee under subclause 12.1, if the employee or a Representative of the employee informs the employer that it is proposed to bring the dispute before the Commission the suspension shall not take effect for two working days. If during such two working days the employee or the Representative applies to the Commission for determination of the dispute concerning the suspension, then the suspension shall not take effect until the Commission determines the matter. This shall not apply in a case where the employee is suspended on the ground that the employee is not in a reasonably fit state to perform the employee's work, or for a refusal to obey an instruction of a foreman/supervisor or other person in authority and the continuance of such refusal would lead to a hold-up of work in the employee's department or another department or hinder or prevent the satisfactory performance of work and the employee will not undertake to obey the instruction pending the hearing by the Commission. In such cases the suspension may take effect forthwith.

12.3 The Commission may, on the application of the employee or a Representative made within 14 (fourteen) days of the notification of a suspension to an employee, confirm or set aside a suspension or vary the period of suspension. In any case where the suspension has taken effect before the hearing the Commission it may, if it sets aside or reduces the period of the suspension, order payment of a sum not exceeding the wages which the employee would have earned if the employee had not been suspended during the period of suspension, or during the period by which the suspension is reduced, as the case may be.

12.4 No period during which a stoppage takes place over a suspension shall count as part of the period of suspension.

12.5 For the purposes of this Clause an instruction may be given to employees who are not at their normal places of work and have congregated at a meeting or at a place, by conveying it to the Works Representative if that person is present at the works or, if not present at the Works, to the delegate of the employees concerned and in such case the instruction shall be deemed to have been given to each employee who is at the meeting or place after the expiration of such time as is reasonably necessary for the Representative or delegate to convey it to the employee.

12.6 Nothing in this Clause shall be construed as expressly or impliedly affecting or limiting the employer's right to dismiss any employee.

13. Stand Down

An employer shall have the right to deduct payment for any part of a day during which an employee (including a casual employee) cannot be usefully employed (proof of which fact shall lie on the employer) because of a strike in the meat industry or by reason or circumstances brought about by the misconduct of employees of the employer (not being employees on his salaried staff).

14. Juniors

14.1 A junior employed in any classification in the award shall be paid the following percentage of the rate prescribed by this award for the classification in which they are employed.

	Per cent
Under 17 years of age	60
16 - 17 years of age	75
17 - 18 years of age	85
18 - 19 years of age	95
20 years of age and over	100

This clause shall not apply in the case of apprentices or trainees engaged pursuant to clause 8.11 of the Award.

14.2 A junior, 18 years of age or over, may be employed under any classification in the Award and provided the junior is able and willing to perform the full range of work covered by the classification, shall be paid the adult rate for such classification. Provided that no junior under the age of 16 years may be employed on a slaughter floor.

14.3 No junior shall be allowed or required to lift or carry by hand a greater weight than as specified hereunder:

Males -	Under 16 years of age	13.5 kg
	16 but under 18 years of age	18 kg
Females -	Under 16 years of age	9 kg
	16 but under 18 years of age	11.25 kg

15. Hard Meat Disputes

15.1 Any dispute about "hard meat", i.e. the suitability of meat for boning, shall be dealt with in accordance with procedures agreed on at each Works, based on the following principles:

15.1.1 Meat shall be inspected prior to entering the boning room.

15.1.2 Any meat the condition of which is open to question shall be referred for a decision of a representative of the Union and a representative of the Union and a representative of the employer appointed for the purpose.

15.1.3 If the two representatives are unable to agree, they shall refer the matter to a referee who shall be agreed on at each Works between the employees and the employer.

15.1.4 The decision of the referee shall be final; and no employee shall be required to bone meat which is found by the referee to be in a condition which is unsuitable for boning, and no employee shall refuse to bone meat which is found by the referee to be in a condition suitable for boning.

16. Performance of Work

16.1 All work shall be performed to a standard of workmanship satisfactory to the employer.

16.2 No employee shall cease work without the permission of the employer before the finishing time fixed for him in accordance with the provisions of this award, or before the completion of any overtime lawfully required to be worked pursuant to this award.

16.3 In the event of employees ceasing work without the permission of the employer, whether during the ordinary hours of work or during overtime, they shall first complete the processing of products which may deteriorate, the safe storing of all perishable goods and products, and the normal cleaning up of the department or section. In the event of failure to do so, each employee concerned shall be guilty of a breach of is award, and in addition to any other liability which he may incur, shall forfeit all moneys earned in the last hour actually worked. Nothing in this subclause shall be deemed to make lawful any such cessation of work, or to limit in any way any other right which an employer may have against any employee or the Union.

17. Seasonal Allowance – Stuart & Rockhampton

17.1 This clause shall apply to employees, whether adult or junior, provided that this clause shall not apply to an employee during his or her first year of employment.

17.2 Where the employer, through no fault of the employees, terminates the engagement of employees who had been seasonally retrenched from the plant at the close of the season in the previous year, and the employees have been employed by the employer for less than 180 days and/or shifts in the calendar year from 1 January to 31 December inclusive, the employer shall pay to the employees, in addition to all other monies to which they are entitled, a Seasonal Allowance in accordance with this clause.

17.3 In calculating the number of days or shifts on which an employee has been employed, there shall be included:

17.3.1 all days or shifts on which the employee actually worked;

17.3.2 all award holidays which fell on any day, Monday to Friday, during the period of the employee’s engagement and on which the employee did not work;

17.3.3 all days or shifts on which the employee was absent on Workers’ Compensation, annual leave, sick leave, long service leave, or any other leave grated by the employer;

17.3.4 all days or shifts on which the employee was required by or under this award to attend and offer him/herself for and/or accept employment but failed to do so;

17.3.5 in the case of an employee who has been suspended, or has been re-engaged after his employment has been terminated, otherwise than by the employer through no fault of the employee, all ordinary working days and award holidays on any day, Monday to Friday, which fell while the employee was suspended or between the termination of his/her employment and his/her re-engagement.

17.4 The Seasonal Allowance payable under this clause shall, if the employee concerned has accepted employment, when required, at the commencement of the current season, will be at the employee’s ordinary rate of pay, paid or payable the employee by the employer in respect of the period terminated as a result of the seasonal closure of the plant in the calendar year as follows:

AMH, Stuart		AMH, Rockhampton
Up to and including 160 days	7%	Up to and including 149 days	7%
161 days and up to 180 days	5%	150 days up to and including 164 days	5%
		165 days up to and including 179 days	3%
		180 days and over	nil

18. Intermittency Allowance – Thomas Borthwick, Mackay

18.1.1 All employees at Mackay are eligible for payment under this provision with the exception of those in their first "calendar year" of employment.

18.1.2 To be eligible an employee must have been employed, retrenched during his first "calendar year" and returned for work when required, thus having fulfilled the seniority provisions under this award/agreement.

18.1.3 Calculation for eligibility will be carried out on 31st December each year. Payment will be made on that date.

18.2.1 Those eligible will be employees whose earnings have not exceeded 52 times the classification rate in the 12 months preceding the date of calculation. (1st January to 31st December).

18.2.2 By "preceding 12 month period" is meant twelve calendar months prior to the actual date of payment.

18.2.3 By "classification rate" is meant the award classification rate at time of payment.

18.3 In calculating the number of day/shifts on which an employee has been employed and for which the ordinary earnings will be counted to assess eligibility for payment will be included:-

18.3.1 All days or shifts on which the employee actually worked;

18.3.2 All award holidays which fell on any day Monday to Friday during the period of his engagement and on which he did not work;

18.3.3 All days or shifts on which the employee was absent on worker's compensation, annual leave, sick leave, long service leave, or any other leave granted by the employer;

18.3.4 All days or shifts on which the employee was required by or under this award to attend, offer himself for and/or accept employment but failed so to do;

18.3.5 In the case of an employee who has been suspended, or has been re-engaged after his employment has been terminated otherwise than by the employer through no fault of the employee, all ordinary working days, and award holidays on any day Monday to Friday, which fell while the employee was suspended or between the termination of his employment and his re-engagement.

18.3.6 Also included are ordinary earnings for days of "off seasonal" work and days of payments made for workers' compensation during the "off season" period.

18.4 The formula used for payment is 20% of the earnings within the relevant 12 month period (consisting of ordinary earnings both seasonal and off seasonal, workers compensation payments both seasonal and off seasonal) multiplied by the remaining weeks in the 12 month period divided by 52.

18.5 There is no minimum period for eligibility.

19. Minimum Payment – 4 Day Guarantee – Thomas Borthwick, Mackay

19.1 An employee who attends, offers and accepts work in accordance with the provisions of this award during the whole of any pay week and has not had payment deducted during that week for any day or part of any day in accordance with the provisions of Clause 18 or the award or Clauses 12 or 13 of this Appendix, shall be paid four times the employee's award classification rate or the total amount of ordinary pay received during the week, whichever is the greater.

19.2 Where an employee is absent on approved leave or workers' compensation, the guaranteed payment shall be reduced by an amount equalled to his award classification rate for each day of such absence.

19.3 Where the engagement of an employee is terminated, in accordance with clause 9 of the award or clause 12 of the Appendix, the guaranteed payment shall be reduced proportionately to the number of days on which the employee has attended, offered and accepted work.

19.4 Notwithstanding provisions of this Clause, the guaranteed payment shall be reduced proportionately during any week when the employer has to reduce operations due to employee absenteeism and shall not be applicable during the week of seasonal plants commencing and ceasing seasonal operations.

19.5 Providing that any dispute concerning the payment in accordance with this Clause may, within 14 days of the date of such dispute, be referred by Application of the Federal Secretary, Assistant Federal Secretary, Federal President, Branch Secretary or Branch President of the Union to the Commission for determination.

20. Shift Work Provisions

20.1 An employee on night shift shall be paid the ordinary rate plus 28.75 per cent thereof.

20.2 An employee on morning shift shall be paid at rate and a half for all time worked before 6:00am and ordinary rate for all time worked thereafter. "Morning shift" means a shift finishing at or after 12 noon and before 2 p.m.

21. Knives and Tools of Trade

21.1 The classification rate for members of a killing and dressing team, and for a beef, sheep-chain, calf, pig or general slaughterman, and for a boner and slicer, includes an allowance for the provision by those employees of their own knives and tools of trade, and they shall provide them accordingly.

21.2 Any other employee required to use a knife or other tools of trade shall be reimbursed the reasonable cost of providing such equipment, unless the employer provides such equipment free of cost to the employee.

21.3 Any equipment provided free of cost to an employee shall remain the property of the employer and shall be returned to the employer upon leaving employment, in default of which the employer may deduct the reasonable cost thereof from any monies payable to the employee on termination.

[Appx C:21.4 varied by PR930602 ppc 22Apr03]

21.4 In lieu of the supply of knives and tools of trade to the employees referred to in sub-clause 21.2 hereof, the employer may pay an allowance of 41 cents per day.

22. Learners

Any employee who is selected by the employer for training and skills improvement shall be paid during such training at the classification rate applicable to the position held by the employee immediately prior to the commencement of the training. A learner employee shall not be entitled to be paid the classification rate applicable to the work for which they are being trained until the employee is certified by the employer as being competent and is required to perform the tasks required of that position.

An employer may decide that a training employee is not likely to attain the required competency, and discontinue any training that has commenced, whereupon the employee shall be returned to the position or classification in which they were engaged immediately prior to commencing training.

This clause shall not apply in the case of apprentices or trainees engaged pursuant to clause 8.11 of the Award.

23. Clothing and Laundry

If an employer requires an employee to wear special or protective clothing, the employer shall reimburse the employee the reasonable cost of providing and laundering such clothing, unless the employer provides and / or launders that clothing free of cost to the employee. Reimbursement shall not be required where an employee replaces such clothing more frequently than is required by fair wear and usage.

Any clothing provided to an employee free of cost shall remain the property of the employer and shall be returned to the employer upon leaving employment, in default of which the employer may deduct the reasonable cost of such clothing from any monies payable to the employee on termination.

24. Horse and Equipment

24.1 If an employer requires an employee to use a horse and / or equipment, the employer shall reimburse the employee the reasonable costs of maintaining the horse and equipment, and providing shoes, feed and veterinary services, unless the employer provides same free of cost to the employee.

24.2 If an employer provides a horse and / or equipment to an employee free of cost to the employee, the horse and equipment shall remain the property of the employer and the employee shall return same to the employer upon leaving employment, in default of which the employer shall be entitled to deduct the reasonable cost of any such horse and / or equipment from any monies payable to the employee on termination.

24.3 The reasonable costs of any matter referred to in this clause may be agreed in advance or at any other time by the employer and employee. If the parties are not able to agree, the matter shall be dealt with in accordance with the dispute resolution procedures in this Award.

Clause 2: Board of Reference

1. A Board of Reference may be appointed upon application as set out below.

2. The function of the Board shall be to examine the earnings of any employee who:-

(a) was employed at any of the establishments referred to above in this Appendix C immediately prior to the addition of this Appendix to this Award; and
(b) was remunerated under an award-based incentive scheme at that time (“the old scheme”) and
(c) has subsequently been transferred to an Award-based incentive scheme made and implemented under this Award (“the new scheme”)

in order to determine whether the earnings of such employees for a specified period under the new scheme are manifestly less than the employee would have received for an equivalent amount of production under the old scheme.

3. If, upon application by the union or the employer, the Board of Reference determines that the earnings of an employee referred to in paragraph 2 are manifestly less than the employee would have received for an equivalent amount of production under the old scheme, the Board may fix a fair and reasonable rate of pay for such employee, so as to ensure that the overall entitlements to pay provided by the new scheme are not less than the overall entitlements to pay of the employee under the old scheme.

4. The rate of pay determined by the Board of Reference under (3) above shall be deemed to be the rate to which the employee concerned is entitled under the new scheme, effective from the date of such determination.

5. The Board shall consist of two representative of the union and two representatives of the relevant employer with the addition of the Federal Industrial Registrar or such person as they may nominate as Chairman.

6. Any person appointed a member of the Board, if unable to attend any meeting of such Board, may appoint a substitute to act in his/her stead at any time.

7. Three members, one of whom must be the Chairperson, shall constitute a quorum.

8. The decision of a Board of Reference may be reviewed, altered or set aside by the Commission on the application of the union or the employer provided that the application is lodged within 21 days of the decision.

9. A copy of the transcript of proceedings and all the exhibits before the Board of Reference and a copy of the decision shall be supplied to the Commission by filing them with the Industrial Registrar within 7 days of the application being lodged.

Clause 3:

1. This clause shall apply only to employees who are engaged as regular daily hire employees in accordance with the terms and conditions of an Award, as at the date that this Appendix C was added to this Award (“an existing employee”), and shall not apply to any employee whose employment status is regulated by an Australian Workplace Agreement or Certified Agreement at that date.

2. Where an existing employee is employed as a daily hire employee, the employer may transfer the employee from daily hire employment to some other category of employment specified by the award only with the consent of the employee, or in accordance with the terms of a Certified Agreement or Australian Workplace Agreement.

3. Once an existing employee:

(i) agrees to be transferred from daily hire employment to some other employment category, or
(ii) becomes covered by a Certified Agreement or an Australian Workplace Agreement;

this clause ceases to have any further force and effect in respect of that employee.