AP792378CRV - Pastoral Industry Award 1998
[3 varied by PR979066 ppc 01Oct07]
In this award, unless the contrary intention appears:
Commission means the Australian Industrial Relations Commission.
Commissioner means the Australian Industrial Relations Commission constituted by a Commissioner.
Crutching includes all the operations for which rates are prescribed in this award and the meanings of the words “crutch”, “crutcher” and “crutched” are similarly extended.
Cut Out shall mean the completion of the shearing or crutching of the last sheep shorn or crutched at the termination of the shed.
Deferred rate of pay means the rate of pay applicable to farmer employers in receipt of Exceptional Circumstance Interest Rate Subsidies, which is to apply from the first pay period commencing on or after 1 October 2007 for a period of twelve months or until the interest rate subsidy ceases, whichever occurs earlier. The deferral of the wage increase does not apply to the minimum wage itself and so the deferred rates for minimum wages include the 2007 Wages and Allowances decision of the Australian Industrial Relations Commission.
Double-fleeced means a sheep carrying two years fleece.
Domestic cook includes any cook who cooks for fewer than four station hands, excluding the cook, and any cook who cooks for fewer than six employees engaged for shearing or crutching operations.
Domestic servant means any employee who works mainly for the owner’s or manager’s household and includes domestic cooks (as defined).
Employer means and includes:
• The NSW Farmers’ (Industrial) Association;
• The Victorian Farmers Federation Industrial Association;
• TFGA Industrial Association;
• The Pastoralists’ and Graziers’ Association of Western Australia (Incorporated);
• Western Australia Farmers Federation Industrial Association;
• The Pastoralists’ Association of West Darling;
• The South Australian Farmers Federation Industrial Association
• The Shearing Contractors’ Association of Australia; and each of the members of each of the said Associations and each of the other persons, firms, companies or bodies whose names appear in Schedule “B” of this award.
Found employees shall be employees who are supplied with up to 5 meals per day during the course of shearing or crutching, such meals to be provided by the employer together with suitable accommodation.
Joint mess means a mess established pursuant to clause 24.1 of this award the terms of which are set out in clause 24.2 of this award covering both found and not found employees.
Learner means a shearer or intending shearer who has not yet shorn 5,000 sheep.
Not found employees shall be employees who are engaged under part 2 of this award who shall be responsible for the provision of their own meals, including cooking of such meals.
Overaward payment is defined as the amount ( whether it be termed “overaward payment”, “attendance bonus”, “service increment”, or any term whatsoever) which an employee would receive in excess of the minimum award safety net (i.e. Base rate plus supplementary payment) for the classification in which such employee is engaged. Provided that such payment shall exclude overtime, shift allowances, penalty rates, tool allowances, industry allowances, disability allowances, parity allowance, location allowances, special rates or allowances, fares and travelling allowances, any other ancillary payments of a like nature prescribed by this award.
Rams means male sheep that are more than six months old.
Stags means rams that have been castrated after they have attained 18 months.
Stud ewes means ewes with tags in their ears from which rams are bred for sale or station use but the term does not include ewes of the flock which have tags in their ears for the purpose of identification other than for stud purposes.
Shearing is where:
(a) the employee takes off the belly wool first and lays it aside, and, when required by the employer, the employee shears over the tail when shearing the first side; and
(b) in opening the fleece at the neck and belly, the machine or (if shears are used) both blades of the shears will be kept under the wool and close to the skin, so as to avoid twice cutting and where the employee does not run the machine or shears through the fleece so as to break it down the centre or the back.
Shearing cook means a cook who regularly follows the occupation of shearing cook and who cooks for six or more employees who are engaged for shearing or crutching operations.
Shed means shearing shed or, in relation to crutching work performed other than at a shed, the property, station or location where crutching work is or will be undertaken.
Station hand means an employee to whom the award applies including station cooks but excepting employees engaged for shearing or crutching operations to whom Part 2 of this award applies.
Station Cook means a cook who cooks for station hands and /or other station personnel.
Union means The Australian Workers’ Union.
Words importing the masculine gender shall include the feminine.
Words in the singular shall include the plural and words in the plural shall include the singular.
Continuous Service
[Continuous Service inserted by PR949733 ppc 20Jul04; (PR949733 stayed by PR951206; PR951206 set aside by PR952808); varied by PR952806; substituted by PR954543 ppc 20Dec04; varied by PR954567 from 20Dec04]
Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating continuous service:
(a) The employee is entitled to have off up to 152 ordinary working hours because of sickness or accident in a 12 month period (i.e. paid sick leave and workers’ compensation leave).
(b) Long service leave, annual leave, public holidays, paid bereavement leave and jury service.
(c) Any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this clause.
Absences from work, which do not count as time worked in calculating continuous service but do not break continuity of service for the purposes of this award include:
(a) Any absence with reasonable cause, proof of which shall be upon the employee.
(b) Any leave without pay taken with the agreement of the employer.
(c) Parental leave.
