AT805114CRV - Federal Meat Industry (Retail and Wholesale) Award 2000 [Transitional]

PART 3 - EMPLOYMENT RELATIONSHIP 

9. GENERAL PROVISIONS

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

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

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

9.1.3 Notwithstanding anything contained in the award, an employee who has been given, and has accepted, managerial responsibility shall not be subject to the provisions of this award nor shall the employee be subject to the provisions of any State award or Determination.

9.1.4 An employee not attending work or not performing duties shall, except where otherwise expressly provided in the award, lose his/her pay for the actual time of non-attendance or non-performance.

9.2 Employment categories

9.2.1 Full-time employment

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

9.2.2 Part-time employment

9.2.2(a) An employer may employ regular part-time employees in any classification in this award.

9.2.2(b) A regular part-time employee is an employee who:

9.2.2(b)(i) works less than the full-time hours of 38 per week; and

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

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

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

9.2.2(d) A copy of the agreement and any variation to it shall be provided to the employee by the employer.

9.2.2(e) Part-time employees shall be paid an additional 50% of the hourly rate for the first three hours and double time thereafter for all time worked outside the employee’s rostered weekly hours.

9.2.2(f) The rostered hours of part-time employees are to be within the daily spread of ordinary hours prescribed in 22.3.1.

9.2.3 Casual employment

9.2.3(a) A casual employee is one who is engaged and paid as such and shall perform such work as the employer shall from time to time require during the period of engagement.

9.2.3(b) Subject to 9.2.3(a), the minimum period of engagement will be four hours each day or shift which may be comprised of hours within or outside the ordinary hours of work prescribed in 22.3.1 of this award.

9.2.3(c) Employment of a casual will terminate at the end of each period of engagement.

9.2.3(d) A casual employee who terminates their employment prior to the end of the engagement will not be entitled to payment in respect of any time actually worked.

9.2.3(e) Subject to clause 9.2.3(f), a casual employee will be paid the hourly rate of the appropriate classification rate in clause 15 - Classifications levels and weekly rates, plus a loading of 20% 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).

9.2.3(f) The ordinary hours of a casual shall not exceed 38 per week. The span of daily ordinary hours shall be as prescribed in clause 22.3. Casuals working ordinary hours on Saturday or Sunday shall only be paid in accordance with clause 22.4. For time worked in excess of the prescribed ordinary hours in any one day or shift, casuals shall only be paid the ordinary hourly overtime rate as defined.

9.2.3(g) A casual employee may be employed on shift work provided that the casual receives the appropriate shift allowance in clause 26 - Shift work excepting that the 20% casual loading in 9.2.3(e) shall not be inclusive of the shift work allowance

9.2.3(h) 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.

9.2.3(i) Where a casual employee is required to perform more than one class of work during a period of engagement during a day or shift, the employee shall be paid for the whole of the period of engagement that day, at the highest wage classification in which he has been employed.

9.2.3(j) A casual cleaner employed to clean premises may be employed for not less than two hours on any day. A casual clerk engaged as a bookkeeper may be employed for not less than three hours on any day.

9.2.4 Apprentices

[9.2.4 varied by PR907715 ppc 03Aug01]

Subject to 9.2.4(a) and the wage percentages set out in clause 15.6 apprentices indentured will be employed in accordance with arrangements approved by State or Territory accredited training authorities.

9.2.4(a) The State of Queensland - Apprentices

9.2.4(a)(i) 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.

9.2.4(a)(ii) 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.

9.2.5 School-Based Apprenticeships

[new 9.2.5 inserted by PR975994 ppc 31Jan07]

9.2.5(a) This clause shall apply to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this clause while also undertaking a course of secondary education.

9.2.5(b) The hourly rates for full-time apprentices as set out in this award shall apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

9.2.5(c) For the purposes of 9.2.5(b) above, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25% of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over the semester or year.

9.2.5(d) The school-based apprentice shall be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

9.2.5(e) For the purposes of this sub-clause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

9.2.5(f) The duration of the apprenticeship shall be as specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed six years.

9.2.5(g) School-based apprentices shall progress through the wage scale at the rate of 12 months progression for each two years of employment as an apprentice.

9.2.5(h) These rates are based on a standard full-time apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

9.2.5(i) Where an apprentice converts from school-based to full-time, all time spent as a full-time apprentice shall count for the purposes of progression through the wage scale. This progression shall apply in addition to the progression achieved as a school-based apprentice.

9.2.5(j) School-based apprentices shall be entitled pro-rata to all of the conditions of employees under this award.”

9.2.6 Trainees

[9.2.5 renumbered as 9.2.6 by PR975994 ppc 31Jan07]

9.2.6(a) Trainees other than in 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]].

9.2.6(b) Trainees in Queensland

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.