[2016] FWC 5837
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Pastoral Industry Award 2010
(AM2014/239)

Agricultural industry

JUSTICE ROSS, PRESIDENT

MELBOURNE, 17 AUGUST 2016

4 yearly review of modern awards - Pastoral Award 2010.

[1] Under s.156 of the Fair Work Act 2009 the Fair Work Commission (the Commission) is required to review all modern awards every four years. This Statement deals with a number of matters arising from the review of the Pastoral Award 2010 (the Pastoral Award) as part of the Award stage of the Review.

Substantive Claims

[2] A decision 1 was issued on 24 December 2015 that dealt with five substantive claims in relation to the Pastoral Award:

[3] The NFF’s application to vary the Pastoral Award to insert an annualised salary clause has been referred to a separately constituted Full Bench (AM2016/13) for review and determination. 2

[4] In relation to the substantive claim set out at paragraph [2](ii) above, further submissions were sought, and the matter was determined in a subsequent decision 3 issued on 8 July 2016. Attachment 2 to that decision set out a draft variation determination giving effect to the decision. Interested parties had until 4.00pm on Friday 15 July 2016 to comment on the draft variation determination. A submission was received from Business SA on 15 July 2016. In relation to clause 44.4(b)(ii) of the draft variation determination, Business SA submitted:

[5] Business SA (and any other interested party) is to file a further submission proposing alternative wording to provide the clarification sought by 4.00pm Friday 2 September 2016.

Drafting and technical issues

[6] A conference in relation to the review of the Pastoral Award was held in Sydney on 4 July 2016, with video links to Adelaide and Melbourne. A transcript of the conference proceedings is available on the Review website (AM2014/239). The following parties appeared at the conference:

[7] Following the conference, further material was received by the Commission from:

[8] A revised Exposure Draft is set out at Attachment 1, and a revised summary of submissions is set out at Attachment 2. These documents reflect the outcome of the conference held on 4 July 2016. Further, the revised Exposure Draft has been amended in the manner proposed by the NFF submission of 8 July 2016.

Other matters

[9] In relation to Schedule E—National training wage (Item 112) the parties noted that there are some issues concerning the Schedule, but that they will wait for the Commission to issue a statement in relation to the process that will be adopted. A Statement 4 was issued on 6 July 2016 and interested parties were invited to file submissions by 4.00pm on Thursday 28 July 2016. On 29 July 2016 the NFF filed a submission relevant to the Pastoral Award.

[10] The parties confirmed that the following 26 items in the revised summary of submissions (see Attachment 2) have been determined by/are before another Full Bench or have been withdrawn: 1, 2, 5, 6, 7, 22, 23, 32, 35, 36, 38, 47, 52, 63, 67, 69, 71, 73, 74, 75, 76, 97, 105, 113, 115, 119.

[11] Item 18 was not discussed at the conference.

Next steps

[12] The Pastoral Award will be the subject of a short conference in Sydney on Wednesday 24 August 2016 at 1:30 pm. The purpose of the conference will be to discuss further directions for the determination of the outstanding matters. Any requests for video links should be sent to chambers.ross.j@fwc.gov.au by no later than 12.00pm Monday 22 August 2016.

[13] All material should be sent to amod@fwc.gov.au.

PRESIDENT

 ATTACHMENT 1
—Revised Exposure Draft

The Exposure Draft was first published on 15 January 2016. Subsequent amendments to the draft are as follows:

Publication date

Reason for amendments

Clauses affected

 

Decision [2016] FWCFB 4393 issued 8 July 2016

39.5

 

Updated pursuant to PR580863.

Schedule F

Updated as agreed in conference (refer to Transcript - 4 July 2016.

3.2, 3.3, 5.2, 6.3, 6.4, 6.5, 7, 9.1, 10.1, 10.2, 14.4, 18.2, 18.4, 23.2, 23.4, 23.6, 23.7, 24.3, 25.3, 27.1, 27.5, 27.6, 30.3, 31.2, 31.6, 32.6, 38, 39.2, 39.3, 40.2, 40.3, 40.4, 40.5, 40.9, 41.2, 43.2, 44.2, 44.7, 45, 46.1, Schedule A, Schedule B, Schedule C, Schedule G

 

Incorporate changes resulting from [2016] FWCFB 3500, PR579885 and PR579605

24, 25, 29, 36, 40, 41, 42, Schedule B, Schedule C

Changes agreed to by parties appear in red text. Underlined text indicates new text that is to be included. Strikethrough text indicates existing text that is be deleted.

EXPOSURE DRAFT

Pastoral Award 2016

This exposure draft has been prepared by staff of the Fair Work Commission based on the Pastoral Award 2010 as at 18 July 2016. This exposure draft does not seek to amend any entitlements under the Pastoral Award 2010 but has been prepared to address some of the structural issues identified in modern awards.

The review of this award in accordance with s.156 of the Fair Work Act 2009 is being dealt with in matter AM2014/239 and AM2015/23. Additionally a number of common issues are being dealt with by the Commission which may affect this award. Transitional provisions have not been included in this exposure draft pending the outcome of the review.

This draft does not represent the concluded view of the Commission in this matter.

    No examples have been included in this exposure draft. Parties are asked to submit examples that clarify the operation of particular provisions.

Table of Contents

Page

Part 1— Application and Operation 7
1. Title and commencement 7
2. The National Employment Standards and this award 7
3. Coverage 7
4. Award flexibility 10
5. Facilitative provisions 11
Part 2— General Employment Conditions 12
6. Types of employment 12
7. Breaks 15
8. Higher duties 16
9. Payment of wages 16
10. Allowances 17
11. Supported wage system 20
12. National training wage 20
13. Superannuation 20
Part 3— Leave, Public Holidays and Other NES Entitlements 22
14. Annual leave 22
15. Personal/carer’s leave and compassionate leave 23
16. Parental leave and related entitlements 24
17. Community service leave 24
18. Public holidays 24
19. Termination of employment 24
20. Redundancy 25
Part 4— Consultation and Dispute Resolution 26
21. Consultation 26
22. Dispute resolution 27
Part 5— Broadacre Farming and Livestock Operations 28
23. Classifications 28
24. Minimum wages 36
25. Special allowances 37
26. Ordinary hours of work and rostering 38
27. Overtime and penalty rates 38
Part 6— Pig Breeding and Raising 39
28. Classifications 39
29. Minimum wages 45
30. Ordinary hours of work 45
31. Shiftwork and rostering 46
32. Overtime and penalty rates 48
33. Saturday and Sunday penalty rates 49
34. Payment for public holidays 50
Part 7— Poultry Farming 50
35. Classifications 50
36. Minimum wages 53
37. Ordinary hours of work and rostering 53
38. Overtime and public holidays penalty rates 53
Part 8— Shearing Operations 54
39. Classifications 54
40. Minimum wages 60
41. Special allowances (other than Woolclassers and Shearing shed experts) 65
42. Special allowances for Woolclassers 66
43. Hours of work for Shearers and Crutchers 68
44. Special conditions relating to shed employees 70
45. Hours of work and overtime rates for Sshed hands and Woolpresser—shed hands 74
46. Payment for public holidays 74
Schedule A —Shearing Operations—Methods for calculating Minimum Rates 75
Schedule B —Summary of Rates of Pay 80
Schedule C —Summary of Monetary Allowances 109
Schedule D —Supported Wage System 113
Schedule E —National Training Wage 116
Schedule F —20156 Part-day Public Holidays 127
Schedule G —Definitions and interpretation 129

Part 1—Application and Operation

1. Title and commencement

1.1 This industry award is the Pastoral Award 2016.

1.2 This modern award, as varied, commenced operation on 1 January 2010.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

1.4 Schedule G—Definitions sets out definitions that apply in this award.

1.5 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

1. The National Employment Standards and this award

1.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

1.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

1.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

1. Coverage

1.1 This industry award applies to employers throughout Australia in the pastoral industry and their employees in the classifications set out in this award to the exclusion of any other modern award.

1.2 Pastoral industry means all employers and employees who are engaged in or in connection with:

1.3 Without limiting the generality of the exclusion, this award does not cover employees covered by:

3.3 The award does not cover employers in the following industries:

except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply.

1.4 This award does not cover:

1.5 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clauses 3.1 and 3.2 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

1.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clauses 3.1 and 3.2 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

1.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

1. Award flexibility

1.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of, are those concerning:

1.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

1.3 The agreement between the employer and the individual employee must:

1.4 The agreement between the employer and the individual employee must also:

1.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

1.6 Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

1.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

1.8 The agreement may be terminated:

NOTE: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Act).

1.9 The notice provisions in clause 4.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 4.8(a), subject to four weeks’ notice of termination.

1.10 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

2. Facilitative provisions

2.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

2.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

7.2(b)

Meal break

An individual

7.3(b)

Rest break

An individual

14.2

Annual leave—conversion to hourly entitlement

The majority of employees

14.6

Annual leave—Paid leave in advance of accrued entitlement

An individual

18.2

Substitution of certain public holidays

An individual or the majority of employees

30.330.5

Spread of ordinary hours

An individual

30.5

Method of implementing a 38 hour week

The majority of employees

31.2

Ordinary hours and roster cycles—shiftworkers

The majority of employees

31.4

Shiftwork—variation by agreement

The majority of employees

34.3

Payment for public holidays

The majority of employees

43.2(a)

Hours of work for Shearers and Crutchers

The majority of employees

Part 2—General Employment Conditions

Parties are asked to consider whether the award should clarify the application of the various parts of the award.

Part 2—General Employment Conditions may be affected by AM2015/23, a proposal to insert an annualised salaries clause in accordance with [2015] FWCFB 8810.

1. Types of employment

1.1 Employees under this award will be employed in one of the following categories:

1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

1.3 Full-time employees

1.4 Part-time employment

Part-time employment provisions may be affected by AM2014/196

(b) An employee who does not meet the definition of a part-time employee in clause 6.4(a) and who is not a full-time employee will be paid as a casual employee in accordance with clause 6.5. [Moved to clause 6.5(b)]

An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.
1.5 Casual employment

Casual employment provisions may be affected by AM2014/197

On each occasion a casual employee, other than a casual pieceworker, is required to attend for work, casual employees are entitled to a minimum payment of three hours’ work at the appropriate rate.
1.6 Farm and livestock hand at shearing or crutching

1. Breaks

1.1 The following provisions will apply to all employees other than:

1.2 Meal break

1.3 Paid rest break

1. Higher duties

1. Payment of wages

1.1 Period of payment
Wages must be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight, or according to the applicable piecework payment.
1.2 Method of payment
Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
1.3 Payment of wages on termination of employment
On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

1. Allowances

Employers must pay to an employee the allowances the employee is entitled to under this clause. See Schedule C for a summary of monetary allowances and method of adjustment.

1.1 Wage related allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:

An employee appointed by their employer to perform first aid in addition to their usual duties, and holding a current recognised first aid qualification, such as one from St John Ambulance or similar body, must be paid an allowance of $2.55 per day to carry out such work.

1.2 Expense-related allowances

An employee will be paid an allowance of $0.78 per kilometre when required instructed by the employer to use their own vehicle during working hours to relocate materials, equipment, or personnel either within the normal work location or on public thoroughfares.

Parties are asked to clarify the interaction between clauses 10.2(c)(i) and (ii). Does clause 10.2(c)(i) only apply when an employee has been notified that they are required to work overtime?

An employer who authorises an employee to incur expenses in the course of their employment, will reimburse the employee the expense upon provision of a tax invoice and receipt.

1. Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.

2. National training wage

For employees undertaking a traineeship, see Schedule E—National Training Wage.

3. Superannuation

3.1 Superannuation legislation

3.2 Employer contributions
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
3.3 Voluntary employee contributions

3.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 13.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 13.2 and pay the amount authorised under clauses 13.3(a) or (b) to one of the following superannuation funds or its successor:

Part 3—Leave, Public Holidays and Other NES Entitlements

1. Annual leave

1.1 Annual leave is provided for in the NES.

1.2 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in s.87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to four weeks’ annual leave).
1.3 Payment for period of annual leave

NOTE: Where an employee is receiving overaward payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see ss.16 and 90 of the Act).
1.4 Annual leave loading
An employee must also be paid a loading calculated on the wages prescribed by this award. The loading must be as follows:

An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed by this award or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.
1.5 Excessive accrual of annual leave
Notwithstanding s.88 of the Act, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks’ notice of the time when such leave is to be taken if:

1.6 Paid leave in advance of accrued entitlement

1.7 Transfer of business
Where a business is transferred from one employer to another, employees formerly employed by the old employer will be deemed to have served any applicable probationary period with that employer. Employees will not be required to serve any probationary period for any purpose in relation to their employment with the new employer.
1.8 Proportionate leave on termination
On termination of employment, an employee must be paid for leave accrued (including shift loadings) that has not been taken at the appropriate wage calculated in accordance with this award.

1. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

2. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

3. Community service leave

Community service leave is provided for in the NES.

4. Public holidays

    Public holidays provisions may be affected by AM2014/301

4.1 Public holiday entitlements are provided for in the NES.

4.2 Substitution of certain public holidays

4.3 Employees required to work on a public holiday will be paid in accordance with clauses 27.6, 34, 38.2 or 46.

4.4 Part-day public holidays
For provisions relating to part-day public holidays see Schedule F—20156 Part-day Public Holidays.

1. Termination of employment

1.1 Notice of termination is provided for in the NES.

1.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
1.3 Job search entitlement
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

1. Redundancy

1.1 Redundancy pay is provided for in the NES.

1.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
1.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
1.4 Job search entitlement

Part 4—Consultation and Dispute Resolution

2. Consultation

2.1 Consultation regarding major workplace change

2.2 Consultation about changes to rosters or hours of work

1. Dispute resolution

1.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

1.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 22.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

1.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

1.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

1.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

1.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

Part 5—Broadacre Farming and Livestock Operations

2. Classifications

2.1 Farm and livestock hand level 1 (FLH1)
An employee at this level includes:

Indicative of the tasks which an employee at this grade may perform are the following:

Indicative of the tasks which an employee at this level may perform are the following:

2.2 Farm and livestock hand level 2 (FLH2)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

Indicative of the tasks which an employee at this level may perform are the following:

2.3 Farm and livestock hand level 3 (FLH3)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

2.4 Farm and livestock hand level 4 (FLH4)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

2.5 Farm and livestock hand level 5 (FLH5)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

Indicative of the tasks which an employee at this level may perform are the following:

2.6 Farm and livestock hand level 6 (FLH6)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

2.7 Farm and livestock hand level 7 (FLH7)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

Indicative of the tasks which an employee at this level may perform are the following:

2.8 Farm and livestock hand level 8 (FLH8)
An employee at this level includes:

Indicative of the tasks which an employee at this level may perform are the following:

1. Minimum wages

1.1 Adult wages
The following wages apply to adult farm and livestock hands classified under clause 23Classifications of this award:

Wage group

Minimum weekly rate
$

Minimum hourly rate
$

FLH1

672.70

17.70

FLH2

692.10

18.21

FLH3

702.00

18.47

FLH4

718.60

18.91

FLH5

731.50

19.25

FLH6

743.30

19.56

FLH7

783.30

20.61

FLH8

841.50

22.14

1.2 Junior wages

Age of employee

% of relevant adult rate

Under 16 years

50

At 16 years

60

At 17 years

70

At 18 years

80

At 19 years

90

At 20 years

100

1.3 With Keep Rate
If keep is provided then the employer may deduct an amount of minimum wage will be the rates prescribed above less $122.53 per week from the employee’s total weekly wages.

    See Schedule B.2 for a summary of hourly rates of pay including overtime and penalties.


1. Special allowances

1.1 Where a station hand is required by the employer to find their own horse and/or saddle, the employee will be paid weekly allowances of:

1.2 When a station hand is required by the employer to provide their own dog which is used as a cattle or sheep dog for station purposes, the employer will pay to the employee:

1.3 Employees will be paid $3.10 per day in addition to their ordinary rate for each day upon which they are engaged:

1. Ordinary hours of work and rostering

1.1 The average ordinary working hours for a farm and livestock hand will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a four week period.

1.2 The ordinary hours of work of farm and livestock hands (other than station cooks) will not exceed 152 hours in any consecutive period of four weeks.

1.3 Station cooks

1. Overtime and penalty rates

1.1 All time worked by an employee in excess of the ordinary hours in clause 26.1 26 will be regarded as overtime.

1.2 The rate of pay for overtime for a farm and livestock hand will be:

For overtime worked

Overtime rate
% ordinary hourly rate

Monday to Saturday

150

Sunday—all hours—feeding and watering stock

150

Sunday—all hours—other than feeding and watering stock

200

1.3 Time off instead of payment for overtime
An employee may elect to take time off duty, with pay, for a period equal to the overtime worked.

1.4 No employee will be entitled to payment for overtime, or equivalent time off instead, unless:

whichever is the later.

1.5 Overtime and public holiday rates are calculated on the ordinary hourly rate before any deduction is made for keep. For the purpose of computing payment for overtime work for an employee engaged on ‘with keep’ terms, the cash value of the employee’s wages must be deemed to be not less than the wage prescribed in this award for a similar class of employee with the value of keep added.

1.6 Public holidays
A Ffarm and livestock hand required to work on a public holiday will be paid 200% of the ordinary hourly rate.
Part 6—Pig Breeding and Raising

1. Classifications

1.1 General duties
A piggery attendant at all classification levels may be required to undertake any duty or combination of duties listed below, as may be required at each enterprise, to the full limit of the employee’s ability, training and/or licensing:

Piggery attendants at all levels including PA3 and above may additionally be required to:

1.2 Piggery attendant level 1 (PA1)

1.3 Piggery attendant level 2 (PA2)

1.4 Piggery attendant level 3 (PA3)

1.5 Piggery attendant level 4 (PA4)

1.6 Piggery attendant level 5 (PA5)

1.7 Senior piggery attendant level 6 (PA6)

1.8 Senior piggery attendant level 7 (PA7)

1. Minimum wages

1.1 Adult wages
The following wages apply to adult piggery attendants classified under clause 28Classifications of this award:

Wage group

Minimum weekly rate
$

Minimum hourly rate
$

PA1

672.70

17.70

PA2

691.60

18.20

PA3

718.60

18.91

PA4

743.40

19.56

PA5

762.60

20.07

PA6

783.30

20.61

PA7

807.70

21.26

1.2 Junior wages

Age of employee

% of relevant adult rate

Under 16 years

50

At 16 years

60

At 17 years

70

At 18 years

80

At 19 years

90

At 20 years

100

    See Schedule B.4 for a summary of hourly rates of pay including overtime and penalties.

1. Ordinary hours of work

1.1 Ordinary hours for piggery attendants will not exceed 152 hours in any four week period.

1.2 If an employee works less than 38 hours in one week of any four week period then the employer will use its best endeavours to ensure that the employee is paid for 38 hours work during any week.

1.3 Unless an agreement is reached between the employer and employee, tThe spread of ordinary hours will not exceed eight per day between 6.00 am and 6.00 pm Monday to Friday, unless otherwise agreed by the employer and employee.

1.4 No employee will be required to work more than 12 ordinary hours per day.

1.5 Agreement may be reached between an employer and the majority of employees at a workplace about the method of implementing a 38 hour week at the workplace.

1. Shiftwork and rostering

1.1 Shiftwork definitions

    Parties are asked to comment on whether the award should include a definition of ‘shiftworker’ in order to clarify which employees are shiftworkers (for the purposes of shift loading) and which employees are dayworkers (working outside the spread of ordinary hours) – see Correspondence from the Fair Work Ombudsman.

1.2 Ordinary hours and roster cycles—shiftworkers

Shiftworkers on continuous work as defined in clause 31.1(b) will be allowed a 20 minute crib break each shift, which will be counted as time worked.

Shiftworkers who are not engaged in continuous work as defined in clause 31.1(b):

1.3 Rosters
Shift rosters will specify the commencing and finishing times of ordinary working hours of the respective shifts.
1.4 Variation by agreement

1.5 Afternoon or night shift allowances

Shift

Penalty rate
% ordinary hourly rate

Afternoon or non-permanent night

115

Permanent night shift—all hours

130

Non-continuous afternoon or night—first 3 hours

150

Non-continuous afternoon or night—after first 3 hours

200

1.6 A shiftworker required to work on Saturdays, Sundays or public holidays must not receive the shift penalty in clause 31.5 on those days. The provisions of clauses 33Saturday and Sunday penalty rates and 34Payment for public holidays will apply instead.

1. Overtime and penalty rates

1.1 All time worked by piggery attendants before the ordinary commencing time or after the ordinary finishing time or in excess of ordinary hours of work in any one day or in any one week will be regarded as overtime.

1.2 Overtime will be paid at the following rates:

For overtime worked

Overtime rate
% ordinary hourly rate

Monday to Saturday—first two hours

150

Monday to Saturday—after first two hours

200

Sunday—all hours

200

1.3 A minimum payment of three hours’ overtime on a Saturday or Sunday is payable except for work which is continuous with ordinary duty.

1.4 In computing overtime each day’s work will stand alone.

1.5 Employees will work reasonable overtime to meet the needs of the enterprise.

32.6 No employer or employee will be party to payment for overtime where such overtime is not actually worked. The assignment of overtime by an employer will be based on specific work requirements and the practice of ‘one in all in’ overtime must not apply.

1.6 Recall to duty

1.7 Overtime meal allowance

1.8 Paid breaks during overtime

Before starting overtime an employee will be allowed a meal break of 30 minutes which will be paid for at ordinary rates.

An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each four hours of work.

1. Saturday and Sunday penalty rates

For work performed by piggery attendants on a Saturday or a Sunday, the following rates apply:

For time worked:

Penalty rate
% ordinary hourly rate

Day workers

 

Saturday—ordinary hours worked by agreement

150

Sunday—all hours

200

Shiftworkers

 

Saturday1

150

Sunday—continuous shifts2

200

1 Provision in substitution for and not cumulative upon shift allowances in clause 31.5.
2
Where the major portion of the rostered shift is on a Sunday.

2. Payment for public holidays

2.1 A piggery attendant who is a day worker required to work on a public holiday will be paid 250% of the ordinary hourly rate for a minimum of three hours and up to the usual rostered hours. For time worked in excess of the ordinary rostered hours overtime rates will apply.

    The overtime rates that apply for work in excess of rostered hours on a public holiday in accordance with clause 32.1 are less than that provided for ordinary hours on a public holiday. Is this correct?

2.2 A shiftworker required to work on a public holiday will be paid 200% of the ordinary hourly rate for a minimum of three hours and up to the usual rostered hours.

2.3 By agreement between an employer and the employees, time off instead of payment for public holidays may be accrued for public holiday work. That is, the employee will receive ordinary time payment for the hours worked on the said holiday and accrue time to be taken at a mutually agreed time.

Part 7—Poultry Farming

1. Classifications

1.1 Poultry farm worker level 1 (PW1)

1.2 Poultry farm worker level 2 (PW2)

1.3 Poultry farm worker level 3 (PW3)

1.4 Poultry farm worker level 4 (PW4)

1. Minimum wages

1.1 Adult wages
The following wages apply to adult poultry workers classified under clause 35Classifications of this award:

Wage group

Minimum weekly rate
$

Minimum hourly rate
$

PW1

672.70

17.70

PW2

702.00

18.47

PW3

731.50

19.25

PW4

783.30

20.61

1.2 Junior wages

Age of employee

% of relevant adult rate

Under 16 years

50

At 16 years

60

At 17 years

70

At 18 years

80

At 19 years

90

At 20 years

100

    See Schedule B.5 and B.7 for a summary of hourly rates of pay including overtime and penalties

1. Ordinary hours of work and rostering

The ordinary hours of work of poultry farm workers must not exceed 152 hours in any consecutive period of four weeks.

2. Overtime and public holidays penalty rates

2.1 Overtime

An employee may elect to take time off duty, with pay, for a period equal to the overtime worked.
2.2 Public holidays
A poultry worker required to work on a public holiday will be paid 200% of the ordinary hourly rate.
Part 8—Shearing Operations

1. Classifications

1.1 Employees engaged for work in a shed, other than Woolclassers and Shearing shed experts, will be engaged on a casual basis in one or more of the following categories:

A composite of these categories may apply where the employee has mixed functions, except Shearers.
1.2 Shed hands or Woolpresser-shed hands

1.3 Woolpressers

1.4 Shearing cooks

39.5 Shearers and learner Shearers

1.5 Shearers and learner shearers

Shearers will be engaged to shear and/or crutch sheep.

LEARNER’S CERTIFICATE TO BE PRESENTED AT EACH SHEARING
Issued to ……………………………..
Home address ………………………………
Date of issue of certificate ………………………………….
Age ……………………………………..

Date

Station

Total sheep shorn

Average tally per day (whole days)

Signature of owner or manager or shed overseer

Signature of learner

Total sheep shorn prior to issue of this certificate

             

1.6 Crutchers
Crutchers will be engaged to crutch sheep, either a full crutch or other crutch.
1.7 Woolclassers
The classification and duties structure is as follows:

Woolclasser level 1 (W1) may be required to undertake woolclassing duties only. These duties, which will be carried out in accordance with the directions and orders of the owner or nominated representative, will be as follows:

A Woolclasser level 2 (W2) may be required to undertake:

A Woolclasser level 3 (W3) may be required to undertake:

1.8 Shearing shed experts

A Shearing shed expert level 1 (E1) may be required to perform experting duties only. The duties of a Shearing shed expert will include:

A Shearing shed expert level 2 (E2) may be required to perform:

1. Minimum wages

1.1 The minimum rates for Shearers will be:

Minimum rates for shearing (by machine)

Not found employee1
$

If found employee1
$

Flock sheep—wethers, ewes and lambs—rate per 100

293.31

263.46

Flock sheep—wethers, ewes and lambs—rate per day

219.14

189.29

1 These rates are calculated in accordance with clause A.1.

1.2 Additional Other shearing rates

Description

% of applicable rate

Rams (other than special stud rams) and ram stags

200% of flock sheep rate

Stud ewes and their lambs

125% of flock sheep rate

Double-fleeced sheep

133.33% of the rate prescribed appropriate to the class of sheep

Hand shearing

7.5% added to the rate for each class of sheep

Shearers providing required to provide their own stud combs

25% added to the rate for of each class of sheep

Special studs

As agreed

1.3 Rates for crutching
The following rates are arrived at by the formula in clause A.2 and paid in addition to the shearing rates contained in this clause.

An allowance of $9.38 per person per day will be paid for the lack of amenities when crutching is performed other than at sheds in addition to the piecework rates in clause 40.3(a).

1.4 Rates for Sshed hands

1.5 Rates for Woolpressers—if not found employee:

These rates are arrived at by using the formula in clause A.4.

1.6 Rates for Shearing cooks

1.7 Woolclassers piecework rates

1.8 Woolclassers guaranteed weekly minimum rates
If the piecework earnings from woolclassing over the whole of the employment are less than the relevant weekly amount for the same period, the employer will pay the Woolclasser not less than the minimum weekly rate set out below.
1.9 Woolclassers and Shearing shed experts

The piecework rate formula is: $1,329.45 (Woolclasser level 2) 4 = $332.36.

Allowances payable to included in the Woolclassers’ weekly rate under clause 40.9 are calculated in accordance with the following formula:

    See clause B.8 for a summary of rates of pay, including overtime and penalties for Shearers.

1. Special allowances (other than Woolclassers and Shearing shed experts)

1.1 Allowance where sleeping quarters are not provided
If the employee does not reside at their usual place of residence and is forced to obtain and pay for sleeping quarters away from the employer’s premises because the employer is unable to provide sleeping quarters at the premises for the employee during a shearing or crutching, the employer will:

1.2 An allowance of $15.59 per hour will be payable to the employee for all time in excess of one hour spent travelling between the sleeping quarters and the shed. such hour where the total travel time to and from the sleeping quarters and the shed exceeds one hour per day.

1.3 If an employee resides at their home or usual place of residence and travels daily to the shed during a shearing or crutching, the following provisions will apply:

A travelling allowance of $14.02 per day will paid to an employee where the distance between the shed and the employee’s place of residence exceeds 65 kilometres by the most direct practicable route upon which the employee so travels.

If an employee, by prior arrangement and agreement with an employer, uses their own motor vehicle to travel to and from the shed, the employee will be paid $0.78 per kilometre for travel by the most direct practicable route between the shed and the employee’s normal place of residence.

1.4 Clause 41.3(a) and 41.3(b) of this award will not apply in any case where the employer offers the employee suitable accommodation at the shed and the employee chooses not to use it.

1.5 Breakdown of machinery—allowance for delays and termination of agreements

1. Special allowances for Woolclassers

1.1 Fares and travelling allowances for expeditionary employees

1.2 Allowance for delay between commencement of sheds on the same holding
The following allowance applies where two sheds are situated on the same holding and are the property of the same owner and where the work at the second shed starts immediately after the work at the first is completed and the same Woolclasser (but not a Shearing shed expert) is employed for the two sheds:

1.3 Allowance for delays for Woolclassers paid at piecework rate

1. Hours of work for Shearers and Crutchers

1.1 Ordinary hours

1.2 Alteration of starting times Clause 43.1 will be read subject to the provisions of clause 43.3 and the following:

1.3 Restrictions on working eight hours
The restriction on working eight hours will not apply:

1.4 Special conditions regarding the hours of work of Shearers and Crutchers

1. Special conditions relating to shed employees

1.1 Mess and cook

1.2 Where there is a joint mess

1.3 Condition of sheep
The employee may refuse to shear sheep without any responsibility for delay in the following circumstances:

The supervisor may request that the vote be delayed until after the Shearers (or Crutchers) have shorn (or crutched) two sheep each and that the ballot papers have been counted in the presence of the supervisor. The supervisor may request that further votes be taken in relation to sheep which have been voted wet in the same day.

The employee may refuse to shear (or crutch) sheep where the sheep are:

The employee will put any affected sheep appearing on the board down the chute.
1.4 Conditions of sheep—employer requirements

1.5 Transport to be provided in certain circumstances

1.6 Combs, cutters and handpiece

1.7 Allotment of stands

1.8 Provision of sheep

1.9 Yarding sheep for shearing

1.10 Posting of tallies
Each day, the employer will make available to each employee the employee’s tally or bale weight for each run worked in a day.

1. Hours of work and overtime rates for Sshed hands and Woolpresser—shed hands

1.1 The working hours of a Sshed hand or of a Woolpresser-shed hand will be the same as the working hours of the Shearers or Crutchers. However, additional time each day may be necessary to:

1.2 Such additional time after the cessation of shearing or crutching on Friday and on the day of the cut out may be necessary:

1.3 If on any day, except the day of the cut out, the additional time exceeds a total of 30 minutes, the whole of the additional time on that day will be treated as overtime.

1.4 Overtime will be paid for at the rate of 150% of the ordinary hourly rate.

1.5 Penners-up will work without overtime payment for the all time additional to the working hours of the Shearers or Crutchers as may be necessary to keep the Shearers or Crutchers supplied with sheep.

1. Payment for public holidays

1.1 Where work is performed on a public holiday the following rates will be paid:

Schedule A—Shearing Operations—Methods for calculating Minimum Rates

1.1 Rates for Shearers—if not found employee
1.1.1 Rates for flock sheep (wethers, ewes and lambs)
The minimum rate for Shearers shearing 100 flock sheep (if not a found employee) is arrived at by the following formula:

Shearer’s formula

$

Minimum rate

739.05

Plus 20% piecework allowance—min rate x 20%

147.81

Plus 25% casual loading—min rate x 25%

184.76

Subtotal

1071.62

Plus shearing industry allowance1

212.60 per week

Plus rations1

57.55 per week

Plus allowance for combs/cutters1

101.77 per week

Plus payment for handpiece1

23.01 per week

Weekly total for casual piecework Shearer with own handpiece (500 sheep)

1466.55

Rate per 100 conversion—total divided by 5

293.31

1 The industry allowance, rations, combs/cutters and handpiece components are expense related allowances adjusted in accordance with clause C.2.

1.1.2 ‘If found’ rates are calculated by deducting $29.85 from the ‘not found’ rate. This amount is arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration component. The Shearing cook’s daily rate is calculated in accordance with clause A.5.
1.1.3 Engagement by the day
The per day rate for ‘not found’ employees is calculated by multiplying the old ‘not found' employee daily rate by the Shearers rate per 100 divided by the old Shearers rate per 100.
1.2 Crutching formula
The rates in clause 40.3(a) are arrived at by the formula in clause A.2 and paid in addition to the shearing rates contained in clause 40.1.

Full crutching at sheds

29% of Shearers per 100 rate

All other crutching at sheds

23% of Shearers per 100 rate

Full crutching other than at sheds

25% of Shearers per 100 rate

All other crutching other than at sheds

20% of Shearers per 100 rate

Wigging or ringing

11% of Shearers per 100 rate

Wigging or ringing in addition to crutching

3% of Shearers per 100 rate

Wigging and ringing

18% of Shearers per 100 rate

Wigging and ringing in addition to crutching

5% of Shearers per 100 rate

Cleaning bellies etc.

2.5% of Shearers per 100 rate

1.3 Shed hands formula
1.3.1 Shed hands (adult) formula
These amounts are arrived at by using the following formula:

 

$

With less than 65 work days’ experience in the industry

 

Minimum rate—which is 84.56% of Shearer’s minimum rate

624.94

Plus 25% casual loading—new minimum wage rate x 25%

156.24

Plus shearing industry allowance1

212.60

Plus rations1

57.55

Total

1051.33

Per run—divide by 20

52.57

With more than 65 work days’ experience in the industry

 

Minimum rate which is 90.44% of Shearer’s minimum rate

668.40

Plus 25% casual loading—new minimum wage rate x 25%

167.10

Plus shearing industry allowance1

212.60

Plus rations1

57.55

Total

1105.65

Per run—divide by 20

55.28

1 The industry allowance and rations components are expense related allowances adjusted in accordance with clause C.2.

1.3.2 Shed hands (junior) formula

 

$ per run

Under 18 years

 

With less than 65 work days’ experience as a Sshed hand

 

70% of equivalent adult rate

36.80

With 65 work days’ or more experience as a Sshed hand

 

70% of equivalent adult rate

38.70

18–20 years

 

With less than 65 work days’ experience as a Sshed hand

 

90% of equivalent adult rate

47.31

With 65 work days’ or more experience as a Sshed hand

 

90% of equivalent adult rate

49.75

1.4 Woolpresser’s formula

These minimum rates for Woolpressers—if not found are arrived at using the following formula:

 

Piecework

Time work

 

$

$

Minimum rate

664.00

719.27

Plus 20% piecework allowance—min rate x 20%

132.80

-

Plus 25% casual loading—min rate x 25%

166.00

179.82

Subtotal

962.80

 

Plus shearing industry allowance1

212.60 per week

212.60 per week

Plus rations1

57.55 per week

57.55 per week

Total per week

1232.95

1169.24

Per run—total divided by 20

 

58.46

By hand—per bale = total divided by 70

17.61

-

By hand—per kilo = by hand per bale rate divided by 152.4

0.1156

-

By power—per bale = by hand per bale rate x 2/3

11.74

-

By power—per kilo = by power per bale rate divided by 152.4

0.0770

-

1 The industry allowance and rations components are expense related allowances adjusted in accordance with clause C.2.

1.5 Shearing cook’s formula

The minimum rates for Shearing cooks are arrived at by the following formula:

Shearing cook’s formula

$

Minimum rate

720.33

Plus 25% casual loading—min rate x 25%

180.08

Plus 20% long hours allowance—min rate x 20%

144.07

Plus 69.58% of shearing industry allowance1

147.93 per week

Total

1192.41

Daily rate—total divided by 5

238.48

Per employee per day rate = daily rate divided by 13

18.34

1 The industry allowance component is an expense related allowance adjusted in accordance with clause C.2.

1.6 Woolclassers formula
1.6.1 Woolclasser level 1 formula
The Woolclasser level 1 minimum weekly rate is arrived at according the following formula:

 

$

Base

773.72

Plus casual loading of 25% (of base)

193.43

Subtotal

967.15

Plus conditions allowance1

109.68

Plus enterprise flexibility (including hours) and wet weather allowance1

155.48

Total

1232.31

Rounded to the nearest five cents

1232.30

1 The conditions, enterprise flexibility and wet weather components are wage related allowances calculated in accordance with clause C.1.

1.6.2 Woolclasser level 2 formula
The Woolclasser level 2 minimum weekly rate is arrived at according to the following formula:

 

$

Base

773.72

Woolrolling and other Sshed hands work

77.72

Subtotal 1

851.44

Plus casual loading of 25% (of subtotal 1)

212.86

Subtotal 2

1064.30

Plus conditions allowance1

109.68

Plus enterprise flexibility (including hours) and wet weather allowance1

155.48

Total

1329.46

Rounded to the nearest five cents

1329.45

1 The conditions, enterprise flexibility and wet weather components are wage related allowances calculated in accordance with clause C.1.

1.6.3 Woolclasser level 3 formula
The Woolclasser level 3 minimum weekly rate is arrived at according to the following formula:

 

$

Base

773.72

Woolrolling and other Sshed hands work

77.72

Bookkeeping, overseeing, experting1

50.53

Subtotal 1

901.97

Plus casual loading of 25% (of subtotal 1)

225.49

Subtotal 2

1127.46

Plus conditions allowance1

109.68

Plus enterprise flexibility (including hours) and wet weather allowance1

155.48

Total

1392.62

Rounded to the nearest five cents

1392.60

1 The booking keeping, conditions, enterprise flexibility and wet weather components are wage related allowances calculated in accordance with clause C.1.

Schedule B—Summary of Rates of Pay
2.1 Ordinary hourly rate

NOTE: Employers who meet their obligations under this schedule are meeting their obligations under the award.

Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 10.1(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.

The rates in the tables below are based on the minimum hourly rates in accordance with clauses 24, 29, 36 and 40.

2.2 Broadacre Farming and Livestock Operations—Farm and livestock hand adult employees
2.2.1 Full-time and part-time farm and livestock hand adult employees—ordinary and penalty rates

 

Ordinary hours

Public holiday

 

% of ordinary hourly rate

 

100%

200%

 

$

$

FLH1

17.70

35.40

FLH2

18.21

36.42

FLH3

18.47

36.94

FLH4

18.91

37.82

FLH5

19.25

38.50

FLH6

19.56

39.12

FLH7

20.61

41.22

FLH8

22.14

44.28

With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.2.2 Full-time and part-time farm and livestock hand adult employees—overtime rates

 

Monday to Saturday

Sunday

feeding & watering stock

other than feeding & watering stock

 

% of ordinary hourly rate

 

150%

150%

200%

 

$

$

$

FLH1

26.55

26.55

35.40

FLH2

27.32

27.32

36.42

FLH3

27.71

27.71

36.94

FLH4

28.37

28.37

37.82

FLH5

28.88

28.88

38.50

FLH6

29.34

29.34

39.12

FLH7

30.92

30.92

41.22

FLH8

33.21

33.21

44.28

With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.2.3 Full-time and part-time adult station cooks—additional overtime rates

 

Minimum weekly rate

Work on 6 full days

Work on 6 full days & 1 half day

Work on 7 full days

 

% of ordinary weekly rate

 

100%

3/22nds1

3/11ths1

9/22nds1

 

$

$

$

$

Station cook (FLH1)

672.70

91.73

183.46

275.20

1Amount per week paid in addition to the minimum weekly rate, in accordance with clause 26.3.
With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.2.4 Casual farm and livestock hand adult employees—ordinary and penalty rates

 

Ordinary hours

Public holiday

 

% of ordinary hourly rate

 

125%

225%

 

$

$

FLH1

22.13

39.83

FLH2

22.76

40.97

FLH3

23.09

41.56

FLH4

23.64

42.55

FLH5

24.06

43.31

FLH6

24.45

44.01

FLH7

25.76

46.37

FLH8

27.68

49.82

With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.3 Broadacre Farming and Livestock Operations—Farm and livestock hand junior employees

The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 24.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 24.1.

2.3.1 Full-time and part-time junior farm and livestock hand employees—ordinary and penalty rates

Age

Junior weekly rate

Junior hourly rate—ordinary hours

Public holiday

   

% of junior hourly rate

 

 

100%

200%

 

$

$

$

FLH1

     

Under 16 years

336.35

8.85

17.70

16 years

403.62

10.62

21.24

17 years

470.89

12.39

24.78

18 years

538.16

14.16

28.32

19 years

605.43

15.93

31.86

FLH2

     

Under 16 years

346.05

9.11

18.22

16 years

415.26

10.93

21.86

17 years

484.47

12.75

25.50

18 years

553.68

14.57

29.14

19 years

622.89

16.39

32.78

FLH3

     

Under 16 years

351.00

9.24

18.48

16 years

421.20

11.08

22.16

17 years

491.40

12.93

25.86

18 years

561.60

14.78

29.56

19 years

631.80

16.63

33.26

FLH4

     

Under 16 years

359.30

9.46

18.92

16 years

431.16

11.35

22.70

17 years

503.02

13.24

26.48

18 years

574.88

15.13

30.26

19 years

646.74

17.02

34.04

FLH5

     

Under 16 years

365.75

9.63

19.26

16 years

438.90

11.55

23.10

17 years

512.05

13.48

26.96

18 years

585.20

15.40

30.80

19 years

658.35

17.33

34.66

FLH6

     

Under 16 years

371.65

9.78

19.56

16 years

445.98

11.74

23.48

17 years

520.31

13.69

27.38

18 years

594.64

15.65

31.30

19 years

668.97

17.60

35.20

FLH7

     

Under 16 years

391.65

10.31

20.62

16 years

469.98

12.37

24.74

17 years

548.31

14.43

28.86

18 years

626.64

16.49

32.98

19 years

704.97

18.55

37.10

FLH8

     

Under 16 years

420.75

11.07

22.14

16 years

504.90

13.29

26.58

17 years

589.05

15.50

31.00

18 years

673.20

17.72

35.44

19 years

757.35

19.93

39.86

With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.3.2 Full-time and part-time junior farm and livestock hand employees—overtime rates

 

Monday to Saturday

Sunday

 

feeding & watering stock

other than feeding & watering stock

 

% of junior hourly rate

 

150%

150%

200%

 

$

$

$

FLH1

     

Under 16 years

13.28

13.28

17.70

16 years

15.93

15.93

21.24

17 years

18.59

18.59

24.78

18 years

21.24

21.24

28.32

19 years

23.90

23.90

31.86

FLH2

     

Under 16 years

13.67

13.67

18.22

16 years

16.40

16.40

21.86

17 years

19.13

19.13

25.50

18 years

21.86

21.86

29.14

19 years

24.59

24.59

32.78

FLH3

     

Under 16 years

13.86

13.86

18.48

16 years

16.62

16.62

22.16

17 years

19.40

19.40

25.86

18 years

22.17

22.17

29.56

19 years

24.95

24.95

33.26

FLH4

     

Under 16 years

14.19

14.19

18.92

16 years

17.03

17.03

22.70

17 years

19.86

19.86

26.48

18 years

22.70

22.70

30.26

19 years

25.53

25.53

34.04

FLH5

     

Under 16 years

14.45

14.45

19.26

16 years

17.33

17.33

23.10

17 years

20.22

20.22

26.96

18 years

23.10

23.10

30.80

19 years

26.00

26.00

34.66

FLH6

     

Under 16 years

14.67

14.67

19.56

16 years

17.61

17.61

23.48

17 years

20.54

20.54

27.38

18 years

23.48

23.48

31.30

19 years

26.40

26.40

35.20

FLH7

     

Under 16 years

15.47

15.47

20.62

16 years

18.56

18.56

24.74

17 years

21.65

21.65

28.86

18 years

24.74

24.74

32.98

19 years

27.83

27.83

37.10

FLH8

     

Under 16 years

16.61

16.61

22.14

16 years

19.94

19.94

26.58

17 years

23.25

23.25

31.00

18 years

26.58

26.58

35.44

19 years

29.90

29.90

39.86

With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.3.3 Full-time and part-time junior station cooks—additional overtime rates

 

Junior weekly rate

Work on 6 full days

Work on 6 full days & 1 half day

Work on 7 full days

 

% of junior weekly rate

 

100%

3/22nds1

3/11ths1

9/22nds1

 

$

$

$

$

Station cook (FLH1)

Under 16 years

336.35

45.87

91.73

137.60

16 years

403.62

55.04

110.08

165.12

17 years

470.89

64.21

128.42

192.64

18 years

538.16

73.39

146.77

220.16

19 years

605.43

82.56

165.12

247.68

1Amount per week paid in addition to the minimum weekly rate, in accordance with clause 26.3.
With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.3.4 Casual farm and livestock hand junior employees—ordinary and penalty rates

 

Junior weekly rate

Ordinary hours

Public holiday

   

% of junior hourly rate

 

 

125%

225%

 

$

$

$

FLH1

     

Under 16 years

336.35

11.06

19.91

16 years

403.62

13.28

23.90

17 years

470.89

15.49

27.88

18 years

538.16

17.70

31.86

19 years

605.43

19.91

35.84

FLH2

     

Under 16 years

346.05

11.39

20.50

16 years

415.26

13.66

24.59

17 years

484.47

15.94

28.69

18 years

553.68

18.21

32.78

19 years

622.89

20.49

36.88

FLH3

     

Under 16 years

351.00

11.55

20.79

16 years

421.20

13.85

24.93

17 years

491.40

16.16

29.09

18 years

561.60

18.48

33.26

19 years

631.80

20.79

37.42

FLH4

     

Under 16 years

359.30

11.83

21.29

16 years

431.16

14.19

25.54

17 years

503.02

16.55

29.79

18 years

574.88

18.91

34.04

19 years

646.74

21.28

38.30

FLH5

     

Under 16 years

365.75

12.04

21.67

16 years

438.90

14.44

25.99

17 years

512.05

16.85

30.33

18 years

585.20

19.25

34.65

19 years

658.35

21.66

38.99

FLH6

     

Under 16 years

371.65

12.23

22.01

16 years

445.98

14.68

26.42

17 years

520.31

17.11

30.80

18 years

594.64

19.56

35.21

19 years

668.97

22.00

39.60

FLH7

     

Under 16 years

391.65

12.89

23.20

16 years

469.98

15.46

27.83

17 years

548.31

18.04

32.47

18 years

626.64

20.61

37.10

19 years

704.97

23.19

41.74

FLH8

     

Under 16 years

420.75

13.84

24.91

16 years

504.90

16.61

29.90

17 years

589.05

19.38

34.88

18 years

673.20

22.15

39.87

19 years

757.35

24.91

44.84

With keep $122.53 per week is deducted where keep is provided in accordance with clause 24.3.

2.4 Pig Breeding and Raising—Piggery attendant employees
2.4.1 Full-time and part-time piggery attendant adult employees (all employees including shiftworkers)—ordinary and penalty rates

 

Ordinary hours

Saturday

Public holiday

 

% of ordinary hourly rate

 

100%

150%

250%

 

$

$

$

PA1

17.70

26.55

44.25

PA2

18.20

27.30

45.50

PA3

18.91

28.37

47.28

PA4

19.56

29.34

48.90

PA5

20.07

30.11

50.18

PA6

20.61

30.92

51.53

PA7

21.26

31.89

53.15

2.4.2 Full-time and part-time piggery attendant adult employees—shiftworkers—ordinary and penalty rates

 

Afternoon or night shift1

Non-continuous afternoon or night shift2

Permanent night shift

Saturday

Sunday3

Public holiday

 

first 3 hours

after 3 hours

 

% of ordinary hourly rate

 

$

$

$

$

$

$

$

 

115%

150%

200%

130%

150%

200%

200%

PA1

20.36

26.55

35.40

23.01

26.55

35.40

35.40

PA2

20.93

27.30

36.40

23.66

27.30

36.40

36.40

PA3

21.75

28.37

37.82

24.58

28.37

37.82

37.82

PA4

22.49

29.34

39.12

25.43

29.34

39.12

39.12

PA5

23.08

30.11

40.14

26.09

30.11

40.14

40.14

PA6

23.70

30.92

41.22

26.79

30.92

41.22

41.22

PA7

24.45

31.89

42.52

27.64

31.89

42.52

42.52

1Afternoon and night shift are defined in clause 31.1.
2 Non-continuous afternoon and night shift are defined in clause 31.1(c)
3 Where the major portion of the shift is performed on a Sunday.

2.4.3 Full-time and part-time piggery attendant adult employees (all employees including shiftworkers)—overtime rates

 

Ordinary hours

Monday to Saturday

Sunday

 

First 2 hours

After 2 hours

   

% of ordinary hourly rate

 

100%

150%

200%

200%

   

$

$

$

PA1

17.70

26.55

35.40

35.40

PA2

18.20

27.30

36.40

36.40

PA3

18.91

28.37

37.82

37.82

PA4

19.56

29.34

39.12

39.12

PA5

20.07

30.11

40.14

40.14

PA6

20.61

30.92

41.22

41.22

PA7

21.26

31.89

42.52

42.52

2.4.4 Casual piggery attendant adult employees (all employees including shiftworkers)—ordinary and penalty rates

 

Ordinary hours

Saturday

Public holiday

 

% of ordinary hourly rate

 

125%

175%

275%

 

$

$

$

PA1

22.13

30.98

48.68

PA2

22.75

31.85

50.05

PA3

23.64

33.09

52.00

PA4

24.45

34.23

53.79

PA5

25.09

35.12

55.19

PA6

25.76

36.07

56.68

PA7

26.58

37.21

58.47

2.4.5 Casual piggery attendant adult employees—shiftworkers—ordinary and penalty rates

 

Afternoon or night shift

Non-continuous afternoon or night shift

Permanent night shift

Saturday

Sunday

Public holiday

 

first 3 hours

after 3 hours

 

% of ordinary hourly rate

 

$

$

$

$

$

$

$

 

140%

175%

225%

155%

175%

225%

225%

PA1

24.78

30.98

39.83

27.44

30.98

39.83

39.83

PA2

25.48

31.85

40.95

28.21

31.85

40.95

40.95

PA3

26.47

33.09

42.55

29.31

33.09

42.55

42.55

PA4

27.38

34.23

44.01

30.32

34.23

44.01

44.01

PA5

28.10

35.12

45.16

31.11

35.12

45.16

45.16

PA6

28.85

36.07

46.37

31.95

36.07

46.37

46.37

PA7

29.76

37.21

47.84

32.95

37.21

47.84

47.84

1Afternoon and night shift are defined in clause 31.1.
2 Non-continuous afternoon and night shift are defined in clause 31.1(c)
3 Where the major portion of the shift is performed on a Sunday.

2.5 Pig Breeding and Raising—Piggery attendant junior employees

The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 29.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 29.1.

2.5.1 Full-time and part-time junior piggery attendant employees—ordinary and penalty rates

 

Junior hourly rate—ordinary hours

Saturday

Public holiday

 

% of junior hourly rate

 

 

150%

250%

 

$

$

$

PA1

     

Under 16 years

8.85

13.28

22.13

16 years

10.62

15.93

26.55

17 years

12.39

18.59

30.98

18 years

14.16

21.24

35.40

19 years

15.93

23.90

39.83

PA2

     

Under 16 years

9.10

13.65

22.75

16 years

10.92

16.38

27.30

17 years

12.74

19.11

31.85

18 years

14.56

21.84

36.40

19 years

16.38

24.57

40.95

PA3

     

Under 16 years

9.46

14.19

23.65

16 years

11.35

17.03

28.38

17 years

13.24

19.86

33.10

18 years

15.13

22.70

37.83

19 years

17.02

25.53

42.55

PA4

     

Under 16 years

9.78

14.67

24.45

16 years

11.74

17.61

29.35

17 years

13.69

20.54

34.23

18 years

15.65

23.48

39.13

19 years

17.60

26.40

44.00

PA5

     

Under 16 years

10.04

15.06

25.10

16 years

12.04

18.06

30.10

17 years

14.05

21.08

35.13

18 years

16.06

24.09

40.15

19 years

18.06

27.09

45.15

PA6

     

Under 16 years

10.31

15.47

25.78

16 years

12.37

18.56

30.93

17 years

14.43

21.65

36.08

18 years

16.49

24.74

41.23

19 years

18.55

27.83

46.38

PA7

     

Under 16 years

10.63

15.95

26.58

16 years

12.76

19.14

31.90

17 years

14.88

22.32

37.20

18 years

17.01

25.52

42.53

19 years

19.13

28.70

47.83

2.5.2 Full-time and part-time piggery attendant junior employees—shiftworkers—ordinary and penalty rates

 

Afternoon or night shift1

Non-continuous afternoon or night shift2

Permanent night shift

Saturday

Sunday3

Public holiday

 

first 3 hours

after 3 hours

 

% of junior hourly rate

 

$

$

$

$

$

$

$

 

115%

150%

200%

130%

150%

200%

200%

PA1

             

Under 16 years

10.18

13.28

17.70

11.51

13.28

17.70

17.70

16 years

12.21

15.93

21.24

13.81

15.93

21.24

21.24

17 years

14.25

18.59

24.78

16.11

18.59

24.78

24.78

18 years

16.28

21.24

28.32

18.41

21.24

28.32

28.32

19 years

18.32

23.90

31.86

20.71

23.90

31.86

31.86

PA2

             

Under 16 years

10.47

13.65

18.20

11.83

13.65

18.20

18.20

16 years

12.56

16.38

21.84

14.20

16.38

21.84

21.84

17 years

14.65

19.11

25.48

16.56

19.11

25.48

25.48

18 years

16.74

21.84

29.12

18.93

21.84

29.12

29.12

19 years

18.84

24.57

32.76

21.29

24.57

32.76

32.76

PA3

             

Under 16 years

10.88

14.19

18.92

12.30

14.19

18.92

18.92

16 years

13.05

17.03

22.70

14.76

17.03

22.70

22.70

17 years

15.23

19.86

26.48

17.21

19.86

26.48

26.48

18 years

17.40

22.70

30.26

19.67

22.70

30.26

30.26

19 years

19.57

25.53

34.04

22.13

25.53

34.04

34.04

PA4

             

Under 16 years

11.25

14.67

19.56

12.71

14.67

19.56

19.56

16 years

13.50

17.61

23.48

15.26

17.61

23.48

23.48

17 years

15.74

20.54

27.38

17.80

20.54

27.38

27.38

18 years

18.00

23.48

31.30

20.35

23.48

31.30

31.30

19 years

20.24

26.40

35.20

22.88

26.40

35.20

35.20

PA5

             

Under 16 years

11.55

15.06

20.08

13.05

15.06

20.08

20.08

16 years

13.85

18.06

24.08

15.65

18.06

24.08

24.08

17 years

16.16

21.08

28.10

18.27

21.08

28.10

28.10

18 years

18.47

24.09

32.12

20.88

24.09

32.12

32.12

19 years

20.77

27.09

36.12

23.48

27.09

36.12

36.12

PA6

             

Under 16 years

11.86

15.47

20.62

13.40

15.47

20.62

20.62

16 years

14.23

18.56

24.74

16.08

18.56

24.74

24.74

17 years

16.59

21.65

28.86

18.76

21.65

28.86

28.86

18 years

18.96

24.74

32.98

21.44

24.74

32.98

32.98

19 years

21.33

27.83

37.10

24.12

27.83

37.10

37.10

PA7

             

Under 16 years

12.22

15.95

21.26

13.82

15.95

21.26

21.26

16 years

14.67

19.14

25.52

16.59

19.14

25.52

25.52

17 years

17.11

22.32

29.76

19.34

22.32

29.76

29.76

18 years

19.56

25.52

34.02

22.11

25.52

34.02

34.02

19 years

22.00

28.70

38.26

24.87

28.70

38.26

38.26

1Afternoon and night shift are defined in clause 31.1.
2 Non-continuous afternoon and night shift are defined in clause 31.1(c)
3 Where the major portion of the shift is performed on a Sunday.

2.5.3 Full-time and part-time piggery attendant junior employees (all employees including shiftworkers)—overtime rates

 

Monday to Saturday

Sunday

 

First 2 hours

After 2 hours

 

% of junior hourly rate

 

150%

200%

200%

 

$

$

$

PA1

     

Under 16 years

13.28

17.70

17.70

16 years

15.93

21.24

21.24

17 years

18.59

24.78

24.78

18 years

21.24

28.32

28.32

19 years

23.90

31.86

31.86

PA2

     

Under 16 years

13.65

18.20

18.20

16 years

16.38

21.84

21.84

17 years

19.11

25.48

25.48

18 years

21.84

29.12

29.12

19 years

24.57

32.76

32.76

PA3

     

Under 16 years

14.19

18.92

18.92

16 years

17.03

22.70

22.70

17 years

19.86

26.48

26.48

18 years

22.70

30.26

30.26

19 years

25.53

34.04

34.04

PA4

     

Under 16 years

14.67

19.56

19.56

16 years

17.61

23.48

23.48

17 years

20.54

27.38

27.38

18 years

23.48

31.30

31.30

19 years

26.40

35.20

35.20

PA5

     

Under 16 years

15.06

20.08

20.08

16 years

18.06

24.08

24.08

17 years

21.08

28.10

28.10

18 years

24.09

32.12

32.12

19 years

27.09

36.12

36.12

PA6

     

Under 16 years

15.47

20.62

20.62

16 years

18.56

24.74

24.74

17 years

21.65

28.86

28.86

18 years

24.74

32.98

32.98

19 years

27.83

37.10

37.10

PA7

     

Under 16 years

15.95

21.26

21.26

16 years

19.14

25.52

25.52

17 years

22.32

29.76

29.76

18 years

25.52

34.02

34.02

19 years

28.70

38.26

38.26

2.5.4 Casual piggery attendant junior employees (all employees including shiftworkers)—ordinary and penalty rates

 

Junior hourly rate—ordinary hours

Saturday

Public holiday

 

% of junior hourly rate

 

125%

175%

275%

 

$

$

$

PA1

     

Under 16 years

11.06

15.49

24.34

16 years

13.28

18.59

29.21

17 years

15.49

21.68

34.07

18 years

17.70

24.78

38.94

19 years

19.91

27.88

43.81

PA2

     

Under 16 years

11.38

15.93

25.03

16 years

13.65

19.11

30.03

17 years

15.93

22.30

35.04

18 years

18.20

25.48

40.04

19 years

20.48

28.67

45.05

PA3

     

Under 16 years

11.83

16.56

26.02

16 years

14.19

19.86

31.21

17 years

16.55

23.17

36.41

18 years

18.91

26.48

41.61

19 years

21.28

29.79

46.81

PA4

     

Under 16 years

12.23

17.12

26.90

16 years

14.68

20.55

32.29

17 years

17.11

23.96

37.65

18 years

19.56

27.39

43.04

19 years

22.00

30.80

48.40

PA5

     

Under 16 years

12.55

17.57

27.61

16 years

15.05

21.07

33.11

17 years

17.56

24.59

38.64

18 years

20.08

28.11

44.17

19 years

22.58

31.61

49.67

PA6

     

Under 16 years

12.89

18.04

28.35

16 years

15.46

21.65

34.02

17 years

18.04

25.25

39.68

18 years

20.61

28.86

45.35

19 years

23.19

32.46

51.01

PA7

     

Under 16 years

13.29

18.60

29.23

16 years

15.95

22.33

35.09

17 years

18.60

26.04

40.92

18 years

21.26

29.77

46.78

19 years

23.91

33.48

52.61

2.5.5 Casual piggery attendant junior employees—shiftworkers—ordinary and penalty rates

 

Afternoon or night shift

Non-continuous afternoon or night shift

Permanent night shift

Saturday

Sunday

Public holiday

 

first 3 hours

after 3 hours

 

% of junior hourly rate

 

$

$

$

$

$

$

$

 

140%

175%

225%

155%

175%

225%

225%

PA1

             

Under 16 years

12.39

15.49

19.91

13.72

15.49

19.91

19.91

16 years

14.87

18.59

23.90

16.46

18.59

23.90

23.90

17 years

17.35

21.68

27.88

19.20

21.68

27.88

27.88

18 years

19.82

24.78

31.86

21.95

24.78

31.86

31.86

19 years

22.30

27.88

35.84

24.69

27.88

35.84

35.84

PA2

             

Under 16 years

12.74

15.93

20.48

14.11

15.93

20.48

20.48

16 years

15.29

19.11

24.57

16.93

19.11

24.57

24.57

17 years

17.84

22.30

28.67

19.75

22.30

28.67

28.67

18 years

20.38

25.48

32.76

22.57

25.48

32.76

32.76

19 years

22.93

28.67

36.86

25.39

28.67

36.86

36.86

PA3

             

Under 16 years

13.24

16.56

21.29

14.66

16.56

21.29

21.29

16 years

15.89

19.86

25.54

17.59

19.86

25.54

25.54

17 years

18.54

23.17

29.79

20.52

23.17

29.79

29.79

18 years

21.18

26.48

34.04

23.45

26.48

34.04

34.04

19 years

23.83

29.79

38.30

26.38

29.79

38.30

38.30

PA4

             

Under 16 years

13.69

17.12

22.01

15.16

17.12

22.01

22.01

16 years

16.44

20.55

26.42

18.20

20.55

26.42

26.42

17 years

19.17

23.96

30.80

21.22

23.96

30.80

30.80

18 years

21.91

27.39

35.21

24.26

27.39

35.21

35.21

19 years

24.64

30.80

39.60

27.28

30.80

39.60

39.60

PA5

             

Under 16 years

14.06

17.57

22.59

15.56

17.57

22.59

22.59

16 years

16.86

21.07

27.09

18.66

21.07

27.09

27.09

17 years

19.67

24.59

31.61

21.78

24.59

31.61

31.61

18 years

22.48

28.11

36.14

24.89

28.11

36.14

36.14

19 years

25.28

31.61

40.64

27.99

31.61

40.64

40.64

PA6

             

Under 16 years

14.43

18.04

23.20

15.98

18.04

23.20

23.20

16 years

17.32

21.65

27.83

19.17

21.65

27.83

27.83

17 years

20.20

25.25

32.47

22.37

25.25

32.47

32.47

18 years

23.09

28.86

37.10

25.56

28.86

37.10

37.10

19 years

25.97

32.46

41.74

28.75

32.46

41.74

41.74

PA7

             

Under 16 years

14.88

18.60

23.92

16.48

18.60

23.92

23.92

16 years

17.86

22.33

28.71

19.78

22.33

28.71

28.71

17 years

20.83

26.04

33.48

23.06

26.04

33.48

33.48

18 years

23.81

29.77

38.27

26.37

29.77

38.27

38.27

19 years

26.78

33.48

43.04

29.65

33.48

43.04

43.04

1Afternoon and night shift are defined in clause 31.1.
2 Non-continuous afternoon and night shift are defined in clause 31.1(c)
3 Where the major portion of the shift is performed on a Sunday.

2.6 Poultry Farming—poultry farm worker adult employees
2.6.1 Full-time and part-time poultry farm worker adult employees—ordinary and penalty rates

 

Ordinary hours

Public holiday

 

% of ordinary hourly rate

 

$

$

 

100%

200%

PW1

17.70

35.40

PW2

18.47

36.94

PW3

19.25

38.50

PW4

20.61

41.22

2.6.2 Full-time and part-time poultry farm worker adult employees—overtime rates

 

Ordinary hours

Monday to Saturday

Sunday

Public holiday

 

Feeding or watering stock

Other than feeding or watering stock

 

% of ordinary hourly rate

 

100%

150%

150%

200%

200%

 

$

$

$

$

$

PW1

17.70

26.55

26.55

35.40

35.40

PW2

18.47

27.71

27.71

36.94

36.94

PW3

19.25

28.88

28.88

38.50

38.50

PW4

20.61

30.92

30.92

41.22

41.22

2.6.3 Casual poultry farm worker adult employees—ordinary and penalty rates

 

Ordinary hours

Public holiday

 

% of ordinary hourly rate

 

$

$

 

125%

225%

PW1

22.13

39.83

PW2

23.09

41.56

PW3

24.06

43.31

PW4

25.76

46.37

2.7 Poultry Farming—junior poultry farm worker employees
2.7.1 Junior employees

The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 36.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 36.1.

2.7.2 Full-time and part-time junior poultry farm worker employees—ordinary, penalty rates and overtime

Age  

Junior hourly rate

Public holiday
(all hours worked)

Overtime

Monday to Saturday

Sunday

Feeding or watering stock

Other than feeding or watering stock

% of junior hourly rate

100%

200%

150%

150%

200%

 

$

$

$

$

$

PW1

         

Under 16 years

8.85

17.70

13.28

13.28

17.70

16 years

10.62

21.24

15.93

15.93

21.24

17 years

12.39

24.78

18.59

18.59

24.78

18 years

14.16

28.32

21.24

21.24

28.32

19 years

15.93

31.86

23.90

23.90

31.86

PW 2

         

Under 16 years

9.24

18.48

13.86

13.86

18.48

16 years

11.08

22.16

16.62

16.62

22.16

17 years

12.93

25.86

19.40

19.40

25.86

18 years

14.78

29.56

22.17

22.17

29.56

19 years

16.62

33.24

24.93

24.93

33.24

PW 3

         

Under 16 years

9.63

19.26

14.45

14.45

19.26

16 years

11.55

23.10

17.33

17.33

23.10

17 years

13.48

26.96

20.22

20.22

26.96

18 years

15.40

30.80

23.10

23.10

30.80

19 years

17.33

34.66

26.00

26.00

34.66

PW 4

         

Under 16 years

10.31

20.62

15.47

15.47

20.62

16 years

12.37

24.74

18.56

18.56

24.74

17 years

14.43

28.86

21.65

21.65

28.86

18 years

16.49

32.98

24.74

24.74

32.98

19 years

18.55

37.10

27.83

27.83

37.10

2.7.3 Casual junior poultry farm worker employees—ordinary, penalty rates and overtime

Age  

Junior hourly rate

Casual hourly rate

Public holiday

% of junior hourly rate

100%

125%

225%

 

$

$

$

PW1

     

Under 16 years

8.85

11.06

19.91

16 years

10.62

13.28

23.90

17 years

12.39

15.49

27.88

18 years

14.16

17.70

31.86

19 years

15.93

19.91

35.84

PW 2

     

Under 16 years

9.24

11.55

20.79

16 years

11.08

13.85

24.93

17 years

12.93

16.16

29.09

18 years

14.78

18.48

33.26

19 years

16.62

20.78

37.40

PW 3

     

Under 16 years

9.63

12.04

21.67

16 years

11.55

14.44

25.99

17 years

13.48

16.85

30.33

18 years

15.40

19.25

34.65

19 years

17.33

21.66

38.99

PW 4

     

Under 16 years

10.31

12.89

23.20

16 years

12.37

15.46

27.83

17 years

14.43

18.04

32.47

18 years

16.49

20.61

37.10

19 years

18.55

23.19

41.74

2.8 Shearing operations—Shearers
2.8.1 Casual Shearers—not found1—ordinary and penalty rates

 

Ordinary rates

Public holiday

not required to provide own stud combs

required to provide own stud combs

not required to provide own stud combs

required to provide own stud combs

Machine shearing

Hand shearing

Machine shearing

Hand shearing

Machine shearing

Hand shearing

Machine shearing

Hand shearing

100%2

107.5%

125%

132.5%

200%

207.5%

225%

232.5%

$

$

$

$

$

$

$

$

Other than double fleeced sheep

Flock sheep (wethers, ewes and lambs)

293.31

315.31

366.64

388.64

586.62

608.62

659.95

681.95

Rams (other than special stud rams) and ram stags

586.62

630.62

733.28

777.27

1,173.24

1,217.24

1,319.90

1,363.89

Stud ewes and their lambs

366.64

394.14

458.30

485.80

733.28

760.78

824.94

852.44

Special studs

As agreed

Double fleeced sheep (Rate per 100 + 33.33%)

Flock sheep (wethers, ewes and lambs)

391.07

420.40

488.84

518.17

782.14

811.47

879.91

909.24

Rams (other than special stud rams) and ram stags

782.14

840.80

977.68

1,036.34

1,564.28

1,622.94

1,759.82

1,818.48

Stud ewes and their lambs

488.84

525.50

611.05

647.71

977.68

1,014.34

1,099.89

1,136.55

Special studs

As agreed

1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2
2The rate per 100 sheep.

2.8.2 Casual Crutchers—not found1—ordinary and penalty rates

 

Ordinary rates

Public holiday

Flock sheep

Stud ewes and lambs

Flock sheep

Stud ewes and lambs

At sheds

Other than at sheds

At sheds

Other than at sheds

At sheds

Other than at sheds

At sheds

Other than at sheds

100%2

100%2

125%

125%

200%

200%

200%

200%

$

$

$

$

$

$

$

$

Full crutching

67.46

58.66

84.33

73.33

134.92

117.32

168.66

146.66

All other crutching

32.26

32.26

40.33

40.33

64.52

64.52

80.66

80.66

Wigging or ringing

52.80

52.80

66.00

66.00

105.60

105.60

132.00

132.00

Wigging and ringing

67.46

58.66

84.33

73.33

134.92

117.32

168.66

146.66

For either wigging or ringing in addition to crutching (Crutching rate + $8.80)

Full crutching

93.49

81.76

116.86

102.20

186.98

163.52

233.72

204.40

All other crutching

75.89

67.09

94.86

83.86

151.78

134.18

189.72

167.72

For wigging and ringing in addition to crutching (crutching rate + $8.80)

Full crutching

99.12

87.39

123.90

109.24

198.24

174.78

247.80

218.48

All other crutching

81.52

72.72

101.90

90.90

163.04

145.44

203.80

181.80

For cleaning the belly of any ewe above the teats (no more than two blows of the machine or shears) (Crutching rate + $7.33)

Full crutching

92.09

80.36

115.11

100.45

184.18

160.72

230.22

200.90

All other crutching

74.49

65.69

93.11

82.11

148.98

131.38

186.22

164.22

1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2.
2The rate per 100 sheep.

2.8.3 Casual adult Sshed hands—not found1—ordinary, penalty rates and overtime

 

Ordinary rates

Penalty rate

Overtime

weekly rate

Per run2

Public holiday

Per run2

Public holiday

Per run2

Per run2

100%

100%

200%

150%

200%

$

$

$

$

$

Less than 65 work days Sshed hand experience

1,051.33

52.57

105.14

78.86

105.14

65 days or more Sshed hand experience

1,105.65

55.28

110.56

82.92

110.56

1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2.
2A run is the equivalent of 2 hours

2.8.4 Casual Woolpressers—not found1—ordinary and penalty rates

 

Piecework

Timework

 

by hand

by power

Weighing & branding bales
per bale

Public holiday

 

Public holiday

by hand

by power

 

per bale

per kilo

per bale

per kilo

per bale

per kilo

per bale

per kilo

per run2

per run2

           

200%

200%

200%

200%

 

200%

Woolpresser

17.61

0.1156

11.74

0.0770

0.39

35.22

0.23

23.48

0.15

58.46

116.92

1Found employees are paid the rates above, less $29.85 per day in accordance with clause A.1.2.
2 A run is the equivalent of 2 hours

2.8.5 Casual Shearing cooks—ordinary and penalty rates

 

Full day

Half day

 

Per found employee per day

Minimum amount per day

Per found employee per half day

Minimum amount per half day

 

100%

100%

50% of per found employee per day rate

50% of minimum amount per day rate

Shearing cook

18.34

238.48

9.17

119.24

2.8.6 Casual Woolclassers—ordinary and penalty rates

 

Timework

Piecework - per 1000

 

Public holiday

Ordinary weekly rate

Ordinary hours

Public holiday

Sheep and/or lambs

Rams and/or ram stags

Sheep and/or lambs

Rams and/or ram stags

100%

100%

200%

100%

200%

200%

400%

$

$

$

$

$

$

$

Shearing shed expert level 1

1,109.07

29.19

58.38

NA

NA

NA

NA

Shearing shed expert level 2

1,232.30

32.43

64.86

NA

NA

NA

NA

Woolclasser level 1

1,232.30

32.43

NA

332.36

664.73

664.73

1,329.45

Woolclasser level 2

1,329.45

34.99

NA

Woolclasser level 3

1,392.60

36.65

NA

Schedule C—Summary of Monetary Allowances

See clauses 10, 24, 25, 32, 40, 41 and Schedule A for full details of allowances payable under this award.

3.1 Wage related allowances

The following wage-related allowances are based on the standard rate as defined in Schedule G as the hourly rate payable to a Farm and livestock hand level 2 = $18.21. These rates are to be paid in accordance with clauses 10.1, 25.3, 40.9 and 41.1.

Allowance

Clause

% of standard rate
$18.21

$ per week unless stated otherwise

General Employment Conditions

Leading hand, in charge of1:

10.1(b)

   

    2 to 6 employees

 

115.0

20.94

    7 to 10 employees

 

134.0

24.40

    11 to 20 employees

 

191.0

34.78

    More than 20 employees

 

240.0

43.70

First aid allowance2

10.1(c)

14.0

2.55 per day

Broadacre Farming and Livestock Operations

Station hand—jetting, spraying, swabbing sheep

25.3

17.0

3.10 per day

Shearing Operations

Lack of amenities allowance

40.3(b)

51.5

9.38 per day

Conditions allowance

40.9(f)

602.3

109.68

Enterprise flexibility allowance

40.9(f)

853.8

155.48

Woolrolling allowance

40.9(f)

426.8

77.72

Bookkeeping allowance

40.9(f)

277.5

50.53

Allowance where sleeping quarters not provided—to pay for sleeping quarters

41.1

259.4

47.24 per night

Allowance where sleeping quarters not provided—travel time in excess of one hour per day, between shed and sleeping quarters

41.2

85.6

15.59 per hour

Allowance where sleeping quarters not provided— travelling allowance (more than 65 km distance from shed)—Shearers (or Crutchers) only

41.3(a)

77.0

14.02 per day

1, 2 These allowances are payable for all purposes.

3.1.1 Adjustment of wage related allowances
Wage related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.
3.2 Expense related allowances
3.2.1 The following expense-related allowances will be payable to employees and adjusted in accordance with clause C.2.2:

3.2.2 Adjustment of expense-related allowances

3.2.3 Other allowances— Shearing Operations:

Allowance

Clause

$

Crutching (other than at sheds)—lack of amenities1

40.3(b)

9.38 per day

Woolpressers—weighing and branding bales

40.5(b)

0.39 per bale

Woolclassers and Shearing shed experts:

   

Conditions allowance

40.9

109.68 per week

Enterprise flexibility (including hours) and wet weather allowance

40.9

155.48 per week

Woolrolling and other Sshed hands work allowance

40.9

77.72 per week

Bookkeeping, overseeing, experting allowance

40.9

50.53 per week

Breakdown of machinery— allowance for delays and termination of agreements—not found employees2

41.5(a)

171.70 per day

Breakdown of machinery— allowance for delays and termination of agreements—found employees2

41.5(a)

141.85 per day

1 See clause A.2 for method of adjustment
2 See clause 41.5(b) for method of adjustment

Schedule D—Supported Wage System
4.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
4.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
4.3 Eligibility criteria
4.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
4.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
4.4 Supported wage rates
4.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

4.4.2 Provided that the minimum amount payable must be not less than $81 per week.
4.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
4.5 Assessment of capacity
4.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
4.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
4.6 Lodgement of SWS wage assessment agreement
4.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
4.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
4.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

4.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

4.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

4.10 Trial period
4.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
4.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
4.10.3 The minimum amount payable to the employee during the trial period must be no less than $81 per week.
4.10.4 Work trials should include induction or training as appropriate to the job being trialled.
4.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—National Training Wage
5.1 Title

This is the National Training Wage Schedule.

5.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
Year 10 includes any year before Year 10
5.3 Coverage
5.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by clause E.7 to this schedule or by clause E.5.4 of this schedule.
5.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.7 to this schedule.
5.3.3 This schedule does not apply to:

    Parties are asked to identify “any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997” that they consider should not be covered by this Schedule.

5.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
5.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
5.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
5.4 Types of Traineeship

The following types of traineeship are available under this schedule:

5.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
5.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
5.5 Minimum Wages
5.5.1 Minimum wages for full-time traineeships

Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7.1 are:

Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7.2 are:

Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7.3 are:

5.5.2 Minimum wages for part-time traineeships

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7.1 are:

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7.2 are:

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7.3 are:

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by clause E.7 are as follows when the trainee works ordinary hours:

5.5.3 Other minimum wage provisions

5.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause E.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
5.6 Employment conditions
5.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
5.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
5.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause E.5.2(f)(ii) and not by this clause.
5.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
5.7 Allocation of Traineeships to Wage Levels

    Parties are asked to review the packages listed to ensure the lists are complete and up-to-date.

The wage levels applying to training packages and their AQF certificate levels are:

5.7.1 Wage Level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I, II, III

Beauty

III

Business Services

I, II, III

Chemical, Hydrocarbons and Refining

I, II, III

Civil Construction

III

Coal Training Package

II, III

Community Services

II, III

Construction, Plumbing and Services Integrated Framework

I, II, III

Correctional Services

II, III

Drilling

II, III

Electricity Supply Industry—Generation Sector

II, III
(III in Western Australia only)

Electricity Supply Industry—Transmission, Distribution and Rail Sector

II

Electrotechnology

I, II, III
(III in Western Australia only)

Financial Services

I, II, III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I, II, III

Laboratory Operations

II, III

Local Government (other than Operational Works Cert I and II)

I, II, III

Manufactured Mineral Products

III

Manufacturing

I, II, III

Maritime

I, II, III

Metal and Engineering (Technical)

II, III

Metalliferous Mining

II, III

Museum, Library and Library/Information Services

II, III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II, III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II, III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I, II, III

Training and Assessment

III

Transport and Logistics

III

Water Industry (Utilities)

III

5.7.2 Wage Level B

Training package

AQF certificate level

Animal Care and Management

I, II, III

Asset Maintenance

I, II, III

Australian Meat Industry

I, II, III

Automotive Industry Manufacturing

II, III

Automotive Industry Retail, Service and Repair

I, II, III

Beauty

II

Caravan Industry

II, III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I, II, III

Extractive Industries

II, III

Fitness Industry

III

Floristry

II

Food Processing Industry

I, II

Forest and Forest Products Industry

I, II, III

Furnishing

I, II, III

Gas Industry

I, II

Health

II, III

Local Government (Operational Works)

I, II

Manufactured Mineral Products

I, II

Metal and Engineering (Production)

II, III

Outdoor Recreation Industry

I, II, III

Plastics, Rubber and Cablemaking

II

Printing and Graphic Arts

II, III

Property Services

I, II, III

Public Safety

I, II

Pulp and Paper Manufacturing Industries

I, II

Retail Services

I, II

Screen and Media

I, II, III

Sport Industry

II, III

Sugar Milling

I, II, III

Textiles, Clothing and Footwear

I, II

Transport and Logistics

II

Visual Arts, Craft and Design

I, II, III

Water Industry

I, II

5.7.3 Wage Level C

Training package

AQF certificate level

Agri-Food

    I

Amenity Horticulture

    I, II, III

Conservation and Land Management

    I, II, III

Funeral Services

    I, II, III

Music

    I, II, III

Racing Industry

    I, II, III

Rural Production

    I, II, III

Seafood Industry

    I, II, III

Schedule F—20156 Part-day Public Holidays

The part-day public holidays schedule may be affected by AM2014/301

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

6.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 20156) or New Year’s Eve (31 December 20156) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

This schedule is not intended to detract from or supplement the NES.

This schedule is an interim provision and subject to further review.

Schedule G—Definitions and interpretation

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 10.1(a))
broadacre field crops means grains, seeds, grasses, silage, legumes, fibre, flowers, and other crops grown as part of a broadacre mixed farming enterprise
broadacre mixed farming enterprise:

casual pieceworker means a Shearer, Crutcher or Woolpresser engaged as a casual employee and paid the piecework rates prescribed by this award
continuous service is not broken when an employee:

crutching includes all the operations for which rates are prescribed in this award. The meanings of the words crutch, Crutcher and crutched are similarly extended.
cut out means the completion of the shearing or crutching of the last sheep shorn or crutched at the termination of the shed
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
double-fleeced means a sheep carrying two years’ fleece
employee means national system employee within the meaning of the Act
employer means national system employer within the meaning of the Act
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
expeditionary employee means a woolclasser or Shearing shed expert who commences on the day as agreed for commencing shearing and resides on the property for the duration of the shearing. Expeditionary employees are entitled to free board and lodging.
experience in the industry means all and any experience in the industry as described in clause 3.2 of this award
farm and livestock hand means an employee performing the work described in the classifications which apply to such work in Part 5—Broadacre Farming and Livestock Operations of this award and who is not a piggery attendant, poultry worker or any employee classified under Part 8—Shearing Operations
found employees are employees who are supplied with up to five meals per day during the course of shearing or crutching; such meals are to be provided by the employer together with suitable accommodation
keep is where an employee farm and livestock hand is employed on the ‘with keep’ rate as prescribed in this award, ‘keep’ will mean good and sufficient living accommodation and good and sufficient rations of sufficient quantity; sound, well-cooked and properly served by the cook or the cook’s offsider; but it will not include accommodation under a roof or cooking when circumstances render such accommodation or cooking impracticable
livestock means all animals used in primary production including insects
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clauses 24, 29, 36 and 40 plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes
piggery attendant means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of pigs, and who performs duties described in the classifications in Part 6—Pig Breeding and Raising of this award
poultry worker means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of poultry, and who performs duties described in the classifications in Part 7—Poultry Farming of this award
ram stags are rams that have been castrated when they are 18 months or older
rams are male sheep that are more than six months old
shearing is where:

shearing cook means an employee who cooks for six or more employees who are engaged for shearing or crutching operations
shearing shed expert or expert means an employee who is competent to perform experting duties at a shearing shed as described in clause 39.8 in accordance with the requirements of the employer or a representative (such requirements to be specified at the time of engagement)
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
silviculture and afforestation means planting, pruning, fertilising and any other activity in or in connection with the establishment or cultivation of trees in forests
standard rate means the hourly rate payable to a farm and livestock hand level 2 in clause 24.1
station cook means an employee who cooks for station hands and/or other station personnel
stud ewes are ewes with tags in their ears from which rams are bred for sale or station use. 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.
wet place means a place where the clothing of the employee becomes wet or a place where the employee has to stand in water or slush so that the employee’s footwear becomes saturated.
wine industry means the industry of growing and processing wine grapes and includes:

woolclasser means a person who is registered as such and who is employed in or in conjunction with a shearing operation. A woolclasser who performs the additional duty of Sshearing shed experting at the one shearing will, for the purposes of this award, be deemed to be employed as a woolclasser and not as an expert.
woolpresser means a person who presses wool shorn or crutched; weighs, brands and stores the wool; presses and closes the bales; and performs additional duties as directed

ATTACHMENT 2—Revised summary of submissions

SUMMARY OF SUBMISSIONS

This table is a summary of submissions lodged for this award on or before 5.00 pm on 22 July 2016

NOTE: This award has been the subject of a separately constituted Full Bench, see decisions [2015] FWCFB 8810 and [2016] FWCFB 4393

Amended as at 22 July 2016 to incorporate feedback from the parties.

The items in this summary have been divided into three sections according to their status as follows:

Section

Status

Items

Total no. of items

1.

D = not agreed

3, 4, 9, 10, 11, 13, 18, 26, 30, 33, 41, 42, 45, 49, 51, 54, 55, 58, 59, 60, 62, 64, 65, 66, 84, 86, 95, 101, 102, 103, 104, 106, 107, 108, 109, 111, 116, 118

38

2.

A = agreed or not opposed

12, 14, 15, 16, 17, 19, 20, 21, 24, 25, 27, 28, 29, 31, 34, 37, 39, 40, 43, 44, 46, 48, 50, 53, 56, 57, 61, 68, 70, 72, 77, 78, 79, 80, 81, 82, 83, 85, 87, 88, 89, 90, 91, 92, 93, 94, 96, 98, 99, 100, 110, 112, 114, 117

55

3.

F = determined by or before another Full Bench/W = withdrawn

1, 2, 5, 6, 7, 22, 23, 32, 35, 36, 38, 47, 52, 63, 67, 69, 71, 73, 74, 75, 76, 97, 105, 113, 115, 119

26

Items not agreed

Item

Party

Document

CLAUSE (exposure draft)

CLAUSE (current award)

SUMMARY OF ISSUE

Their reference

Notes

Status

    3.

BusSA

Sub-15/04/16

3.3

3

    Coverage – Definition of Wine Industry

    Definition changed (creating inconsistency) –

    Definition in ED does not include ‘the planting of wine grape vines’.

Para 11.1.1

See also item 4 & 116

ED amended as per transcript [PN127–163].

The Commission will prepare a document comparing the current coverage clause with the coverage clauses in the other agricultural awards to clearly identify any differences.

D

NFF

Further-sub-16/06/16

    Discussion in relation to other agricultural awards has canvassed an approach whereby the definition of ‘wine industry’ in the Wine Industry Award would be adopted by cross-reference in those awards where it is used to delineate coverage between the two awards.

 

    4.

BusSA

Sub-15/04/16

3.3

3

    Coverage - Definition of Wine Industry

    Parties asked whether wine industry should be defined by reference to the Wine Industry Award or by reference to definition in Schedule G?

    Supports definition of wine industry according to the Wine Industry Award 2016 – most appropriate mechanism to ensure the definition remains current.

Para 11.2.1

See also item 3 & 116

ED amended as per transcript [PN127–163]

The Commission will prepare a document comparing the current coverage clause with the coverage clauses in the other agricultural awards to clearly identify any differences.

D

AWU

Sub-17/04/16

    Subject to not disturbing existing coverage arrangements, consideration could be given to linking the exclusions specifically to the coverage of other relevant awards – reflecting approach taken in cl.4.2 of the Building and Construction General On-site Award 2010. [Example provided in submission.]

Para 4

Reply-sub-5/05/2016

    Relies on Sub -17/04/2016, potentially better approach to draft the exclusion from coverage including for the wine industry.

Para 4

NFF

Sub-14/04/16

    Reference to definition in sch. G suitable as long as that definition is identical to that contained in the Wine Industry Award. Currently, part of the definition is missing.

Para 17

ABI& NSWBC

Sub-15/04/16

    Supports clause as currently drafted – consistent with clause 3.3(d), which will make clearer the delineation between the two awards.

Para 19.1

NFF

Reply-sub-5/05/16

    Support proposal of AWU. Suggest one change to wording in first paragraph of this clause:

    Without limiting the generality of the exclusion in clause 3.1, this award does not cover employers or employees covered by:

Para 11-12

AWU

Reply-sub-5/05/16

Relies on their Sub -17/04/2016 if this proposal is not adopted agree to amendment proposed by NFF. Believes ABI submission similar effect.

Para 4, 72, 79

NFF

Further-sub-16/06/16

Discussion on the same issue in other awards has settled on an approach where coverage clause definitions are located in the coverage clause.

 

    9.

BusSA

Sub-15/04/16

Part 2

 

    General Employment Conditions

    Parties are asked to consider whether award should clarify the application of various parts of award.

    Unsure of intent of question – further clarification required from FWC

Para 11.2.2

Part 2 of the ED (and Part 3 of the current award) provide ‘General Conditions of Employment’ however it is not clear to whom or when these provisions apply where there is inconsistency with another clause in the ED e.g. ‘general’ clause 10.2(c) provides a meal allowance after 1.5 hours which is inconsistent with cl.32.8 for Piggery attendants

D

NFF

Further-sub-16/06/16

    Not agreed, NFF view is that no change is necessary.

 

    10.

NFF

Sub-14/04/16

6.1

 

    Types of employment

    Unnecessary – duplicates existing terms.

Para 24

Consistent with wording used in other EDs

In the 4 July 2016 conference, the parties noted the complexity of this issue and agreed to engage in discussions and provide an update at next conference. See transcript at PN72–116

F

AWU

Reply-sub-5/05/16

    Supports inclusion of term 6.1 and note will enhance consistency with other EDs.

Para 9.

NFF

Further-sub-16/06/16

    Not agreed

 

    11.

NFF

Sub-14/04/16

6.3(a)

 

    Full-time employment

    For consistency, clause should be amended to include ‘an average of’.

Para 25

ED amended as per transcript [PN184-237] to insert the words ‘an average of’ and ‘over a four week period’. The AWU claim in relation to the insertion of the word ‘ordinary’ will be dealt with by way of written submission.

D

AWU

Sub -17/04/16

    Should be amended to make reference to 38 ordinary hours per week – otherwise overtime hours outside the span of ordinary hours in cl.30.3 could be included in the guaranteed 38 hours for the week.

Para 6

NFF

Reply-sub-5/05/16

    Disagrees with AWU submission to restrict number of hours full-time and part-time employee engaged to work ordinary hours. Does not believe definition clause intended to deal with rates of pay. AWU amendment would change meaning.

Para 13-14

AWU

Reply-sub-5/05/16

    Not opposed to ‘an average of 38 hours’, notes potential ambiguity Part 8 – Shearing operations which does not allow for averaging of ordinary hours for Shearers and Crutches; notes casual basis available to all but Woolclassers and Shearing Shed Experts who can be engaged by the day. Propose amendment to NFF submission to incorporate AWU Sub -17/04/2016:

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

Paras 10-11

NFF

Further-sub-16/06/16

   

    Parties are likely to be agreed that the clause should include ‘an average of’. Parties are not agreed on the restriction of hours to ‘ordinary hours’.

 

    13.

AWU

Sub-17/04/16

6.4(a)(i)

 

    Part-time employment

    Should be amended to make reference to 38 ordinary hours per week – otherwise overtime hours outside the span of ordinary hours in cl.30.3 could be included in the guaranteed 38 hours for the week.

 

Provision may be affected by AM2014/196

See also item 11

ED amended as per transcript [PN184-237] to insert the words ‘an average of’ and ‘over a four week period’. The AWU claim in relation to the insertion of the word ‘ordinary’ will be dealt with by way of written submission.

D

NFF

Further-sub-16/06/16

    Not agreed

 

    18.

NFF

Sub-14/04/16

6.6(a)

 

Farm and livestock hand at shearing or crutching

Not easy to understand, original wording should be retained.

Para 35

 

D

AWU

Reply-sub-05/05/16

Submits ED wording clearer than 10.5 of current MA. ED wording should be kept.

Para 16

NFF

Further-sub-16/06/16

   

Not agreed

 

    26.

AWU

Sub -17/04/16

10.1(c)

 

First aid allowance

Concerned wording conveys that employee would have to actually carry out first aid duties to receive allowance. Suggested wording provided to clarify application. [Proposed wording provided in submission]

 

The Commission will undertake research as per transcript [PN547-557]

D

NFF

Reply-sub-5/05/16

Notes AWU concern. Clause 10.1(a)(ii) makes clear allowance is payable for all purposes.

Para 17

BusSA

Reply-sub-6/05/16

    Agree with AWU

11.11

NFF

Further-sub-16/06/16

    Not agreed.

 

    30.

NFF

Sub-14/04/16

10.2(c)(d)

 

Overtime meal allowance

Parties are asked to clarify the interaction between clauses 10.2(c)(i) and (ii). Does clause 10.2(c)(i) only apply when an employee has been notified that they are required to work overtime?

Does not align well with hours of work arrangements, and is only relevant in limited circumstances. Requirements should be reviewed for relevance – they duplicate other provisions in the award.

Paras 47–49

See also item 62

Clause is now 10.2(d).

The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript [PN439–453]

D

BusSA

Sub-15/04/16

Clause operates in substantially same way, save for notice requirement (whether employee was given notice they would be required to work overtime before leaving work the previous day, in which case cl.10.2(c)(i) will apply).

Para 11.2.5

AWU

Sub -17/04/16

The sub-clauses overlap and conflict. Alternative wording proposed. [Proposed wording in submission.]

Para 14

Reply-sub-5/05/16

Para 83

NFF

Reply-Sub-05/05/16

Reiterates submission Sub-14/04/2016

Para 18

AWU

Reply-sub-05/05/16

Relies on amendments proposed in Sub -17/04/2016 para 14. Disagrees that meal allowance has no relevance in this industry. Example provided.

Paras 25-26

ABI&NSWBC

Reply-sub-06/05/16

Given the difference of opinion between the parties, suggest further discussion would be appropriate

19.2

NFF

Further-sub-16/06/16

Not agreed.

 

    33.

AWU

Sub-17/04/16

14.4(a)(i)

 

Annual leave loading

Given farm and livestock hands and poultry workers can be required to work ordinary hours on weekend without any penalty rates, the words “as performed between Monday and Friday” should be deleted.

Para 16

The Commission will undertake research, see transcript [PN296–328]

D

NFF

Reply-Sub-05/05/16

Does not agree with AWU submission to remove ‘as performed between Monday and Friday’

Para 19

BusSA

Reply-sub-06/05/16

    Agree with AWU’s submission

11.14

NFF

Further-sub-16/06/16

    Not agreed.

 

    41.

NFF

Sub-14/04/16

24.2

 

Junior wages

Table heading should be amended to refer to ‘% of relevant adult wage’ for consistency with cl.24.1.

Para 56

The rates table reflects the current award, no amendment to ED required. Refer to transcript PN366–375

Relates to proposed amendments to clauses 24.2, 29.2, 36.2

See also items 51 & 66

D

AWU

Reply-sub-05/05/16

Opposed to NFF’s amendment. “Adult rate” may encompass more than the “wage” rate in cl. 24.1.

Para 30

BusSA

Reply-sub-6/05/16

    Agree with NFF

11.17

NFF

Further-sub-16/06/16

   

    Not agreed

 

    42.

NFF

Sub-14/04/16

24.3

 

With Keep Rate

Would the alternative wording below provide greater clarity in relation to how penalty and overtime rates interact with ‘with keep’ wages by expressing the ‘with keep’ amount as a deduction (rather than part of the minimum wage)? (see also clause 27.5): “If keep is provided then the employer may deduct an amount of $120.94 per week from the employee’s total weekly wages.”

Suggested wording would have the effect of changing the meaning of the clause and should not be implemented. Current wording should be retained.

Paras 57–59

See also item 117

The wording proposed in the NFF’s further submission of 8 July 2016 has been incorporated into the revised ED.

D

ABI&NSWBC

Sub-15/04/16

Agree the second version of the clause is easier to understand – supports the alternative wording.

Para 19.5

BusSA

Sub-15/04/16

Change proposed is appropriate – provides clarity without changing the operation of cl.24.3

Para 11.2.7

AWU

Sub-17/04/16

Supports amendment as it should eliminate prospect of overtime and public holiday payments being calculated on a rate which has been reduced by ‘with keep’ amount.

Para 20

Reply-sub-05/05/16

Para 31, 75, 85

NFF

Reply-Sub-05/05/2016

Disagrees with AWU, BusSA, ABI&NSWBC. Proposed wording would increase costs as outlined in Sub-14/04/2016

Para 23

NFF

Further-sub-16/06/16

Not agreed

 

NFF

Further-sub-08/07/16

Wording proposed

 

    45.

NFF

Sub-14/04/16

26.3

 

Station cooks

Given that cooks are classified as an FL1, should the words ‘appropriate weekly rate’ in clause 18.3 be changed to the ‘FL1 ordinary hourly rate’? Should these amounts also be expressed as percentages?

Oppose change suggested, as the weekly rate includes keep, while the FL1 ordinary hourly rate does not. Changing the clause would result in a deduction of keep from a station cook’s wages – which is not the intention.

Paras 61–63

The error in the ED note has been corrected (see transcript [PN395-404]. The clause now refers to clause 26.3, not clause 18.3.

D

NFF

Reply-sub-5/05/16

Notes their views correspond with AWU and Business SA, but differ from ABI&NSWBC

Para 26.3

ABI&

NSWBC

Sub-15/04/16

Supports change

Para 19.7

BusSA

Sub-15/04/16

Cl. 18.3 relates to payment for public holidays and there is no cl.18.3 in current award. If the question is directed at cl.26.3, the change is significant and contentious. The question suggests changing from a weekly rate to an hourly rate. BusSA does not support inclusion of wording ‘appropriate weekly rate’.

Supports expressing amounts as percentages.

Para 11.2.9

AWU

Sub-17/04/16

Amendment not required.

Para 23

Reply-sub-5/05/16

Para 33, 77, 87

NFF

Further-sub-16/06/16

Not agreed

 

    49.

NFF

Sub-14/04/16

27.2, 32.2, 33.1, 38.1, Schedules B.2.2, B.4.1, B.4.2 to B.4.5, B.5.2 and B.6.1

 

Overtime and penalty rates – various

Identified clauses and tables imply that all hours worked on weekends (in particular Sunday) are overtime hours. However, under MA overtime hours are those worked in excess of ordinary hours (152 hours over four weeks) regardless of day or time. Clauses and tables should be amended to clarify that overtime is only payable after 152 hours have been worked in a four week period. [Proposed wording and examples in submission]

Paras 66–7-

The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433.

D

AWU

Reply-sub-05/05/16

NFF’s general submission re overtime misconceived, proposed amendments should not be made. Examples provided.

Para 36

NFF

Further-sub-16/06/16

Not agreed

 

    51.

NFF

Sub-14/04/16

29.2

 

Junior wages

Heading should be amended to ‘% of relevant adult wage’ for ease of understanding and consistency with cl.29.1.

Para 72

The rates table reflects the current award, no amendment to ED required. Refer to transcript PN366–375

Relates to proposed amendments to clauses 24.2, 29.2, 36.2

See also items 41 & 66

D

AWU

Reply-sub-05/05/16

Opposed to NFF’s amendment. The “adult rate” may encompass more than the “wage” rate.

Para 38

BusSA

Reply-sub-06/05/16

    Agree with NFF

11.17

NFF

Further-sub-16/06/16

    Not agreed

 

    54.

FWO

Corro-02/03/15

31.1

31.5

35.3 and 35.9

Shiftwork definitions

May be unclear under which circumstances an employee should be considered a shiftworker, as ‘shiftworker’ is not a defined term.

Item 29; p.8

See also item 55

The NFF and AWU are to discuss the matter further as per transcript PN479-502.

D

NFF

Further-sub-16/06/16

Not agreed – see also Item 55.

 

    55.

NFF

Sub-14/04/16

31.1

 

Parties are asked to comment on whether the award should include a definition of ‘shiftworker’ in order to clarify which employees are shiftworkers (for the purposes of shift loading) and which employees are dayworkers (working outside the spread of ordinary hours)

Definition of ‘shiftworker’ not necessary.

Para 74

See also item 54

The Business SA claim in relation to the definition of ‘day shift’ is withdrawn. The NFF and AWU are to further discuss the matter of whether to include a definition for ‘shiftworker’ and the range of issues raised at paragraphs 28–31 of the AWU’s submission of 17 April 2016. See transcript PN479-502.

D

BusSA

Sub-15/04/16

Definition of ‘day shift’ needs to be implemented to avoid confusion highlighted by FWO. Approach of the Horticultural MA should be adopted – where ‘day shift’ is determined by employer. Alternatively, approach in the Mining MA could be adopted, incorporated a similar definition of ‘shiftworker’.

Para 11.2.10

NFF

Reply-Sub-05/05/16

Oppose insertion of definition of day shift.

Para 30

AWU

Sub-17/04/16

Draft conflates concepts of ‘non-continuous work’ and ‘non-successive shifts’, which may have unintended effect of removing entitlement to higher rates of pay for employees who perform less than a full week of shifts in a continuous work enterprise. Draft confines entitlement to paid crib breaks to continuous workers, in contrast to other provisions of award eg: cl.35.6(a). Amendments proposed to rectify issues. [Proposed wording and examples in submission]

Paras 28–31

AWU

Reply-sub-5/05/16

Relies on Sub -17/04/2016 in reply to NFF. In reply to BusSA opposes inclusion of “day shift”, would amount to substantive change.

Para 40, 88

NFF

Reply-sub-5/05/16

In reply to AWU submission, contends ‘non-successive shifts’ is a new term and concept in the ED

Para 29

ABI &

NSWBC

Reply-sub-6/05/16

Due to different views of parties believes further discussion appropriate.

Para 19.5

NFF

Further-sub-16/06/16

Not agreed

 

    58.

NFF

Sub-14/04/16

32 and 33

 

Overtime and penalty rates; Saturday and Sunday Penalty rates

Minor amendments proposed to reduce risk of misinterpretation and to correct typographical errors identified. [Proposed wording and examples in submission]

Paras 80–81

The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433.

D

AWU

Reply-sub-5/05/16

Does not agree with any of NFF’s amendments, relies on Sub -17/04/16 para [33-38]

Para 41

NFF

Further-sub-16/06/16

Not agreed.

 

    59.

NFF

Sub-14/04/16

32.2

 

Overtime and penalty rates

Should be adjusted to avoid misleading. Suggest that all work on weekends attracts overtime.

Para 77

The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433.

D

AWU

Sub -17/04/16

‘All hours’ should be deleted from table given clause is only concerned with overtime.

Para 33

BusSA

Reply-sub-6/05/16

    Agrees with AWU

11.23

NFF

Reply-sub-5/05/16

Notes AWU’s submission but refers to their submission Sub-14/04/16

Para 31

NFF

Further-sub-16/06/16

Not agreed – further discussion would be beneficial.

 

    60.

NFF

Sub-14/04/16

32.3

 

Overtime and penalty rates

Should be moved to cl.33 as this refers directly to Saturday and Sunday overtime rates

Para 78

The parties are to file a joint paper setting out what changes to the ED are required with a short argument supporting the change. Refer to transcript PN406–433.

D

NFF

Further-sub-16/06/16

For discussion

 

    62.

NFF

Sub-14/04/16

32.8

 

Overtime meal allowance

Does not align well with hours of work arrangements, and is only relevant in limited circumstances. Requirements should be reviewed for relevance – they duplicate other provisions in award. [Submission refers to clause 32.7, assumed reference should be 32.8]

Para 76

See also item 30

The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript [PN439–453]

D

NFF

Further-sub-16/06/16

Not agreed – see Item 30.

 

    64.

AWU

Sub-17/04/16

33

 

Saturday and Sunday penalty rates

Table for day workers should state: ‘Sunday – ordinary hours worked by agreement’.

Given shiftworkers on ‘non-continuous work’ can seemingly perform ordinary hours on a Sunday, words ‘continuous shifts’ should be deleted.

Second footnote referring to a major portion of the shift being on a Sunday should be deleted as there is no corresponding provision for Saturday night shifts or shifts on public holiday.

Paras 36–38

The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript [PN439–453]

D

ABI&NSWBC

Reply-sub-06/05/16

ABI&NSWBC disagree with AWU, not replicated for Saturday night shifts or shifts on public holidays. Would be substantive change.

Para 19.7

NFF

Reply-Sub-05/05/16

Notes changes proposed by AWU ‘clause 33 – Day workers’ and refer to Sub-14/04/16 – supports other aspects of AWU proposal in relation to shiftworkers.

Para 32-33

NFF

Further-sub-16/06/16

Not agreed

 

    65.

NFF

Sub-14/04/16

34

 

Payment for public holidays

The overtime rates that apply for work in excess of rostered hours on a public holiday in accordance with clause 32.1 are less than that provided for ordinary hours on a public holiday. Is this correct?

Overtime worked on public holidays is paid at overtime rate – based on minimum weekly rate with relevant overtime loading applied.

Para 82

Provision may be affected by AM2014/301

Not subject of AM2014/301 at this time. Should it be referred?

The Commission will prepare a short paper summarising the parties’ respective positions and providing additional background information on the history of the provision if available. Refer to transcript PN439–453

D

BusSA

Sub-15/04/16

Correct – in line with pre-reform award.

Para 11.2.11

AWU

Reply-sub-5/05/16

Illogical and unfair for overtime hours on public holidays to be paid at lower rate than ordinary hours. Should be 250% of ordinary hourly rate for all hours worked.

Para 42, 89

NFF

Further-sub-16/06/16

Not agreed

 

    66.

NFF

Sub-14/04/16

36.2

 

Junior wages

Heading should be amended to ‘% of relevant adult wage’ for ease of understanding and consistency with cl.29.1.

Para 83

The rates table reflects the current award, no amendment to ED required. Refer to transcript PN366–375

Relates to proposed amendments to clauses 24.2, 29.2, 36.2

See also items 41 & 51

D

AWU

Reply-sub-05/05/2016

Opposed to NFF’s amendment for same reason as for clause 24.2 and 29.2. “Adult rate” may encompass more than “wage” rate in clause 24.1

 

BusSA

Reply-sub-06/05/2016

    Agree with NFF

11.17

NFF

Further-sub-16/06/16

    Not agreed.

 

    84.

NFF

Sub-14/04/16

41

46.1

Special allowances (other than Woolclassers and Shearing shed experts)

Wording of current award should replace proposed wording for cl. 41.1 to 41.3 of ED to reduce risk of unintentional changes to meaning.

Para 98

The parties agreed to consider the issue and then confirm their positions. The issue will be revisited for further discussion. See transcript PN572–581

D

AWU

Reply-sub-5/05/16

Satisfied with new drafted provision subject to amendment to 41.2 (below).

Para 51

NFF

Further-sub-16/06/16

Not agreed

 

    86.

NFF

Sub-14/04/16

42.3(a)(ii)

 

Allowance for delays for Woolclassers paid at piecework rate

Meaning may have changed in terms of limiting circumstances in which clause applies. Term ‘Act of God’ should be retained. [Example in submission.]

Paras 99–100

While parties agree to change back, would prefer not to use the term ‘Act of God’. Can parties come up with alternative term e.g. ‘extreme sudden weather event’? See transcript PN582–605

ED unchanged.

D

AWU

Reply-sub-5/05/16

Agree to NFF’s proposed amendment which reflects clause 47.3(a) of the current award.

Para 52

BusSA

Reply-sub-6/05/16

    Agrees with NFF

11.30

NFF

Further-sub-16/06/16

    Likely to be agreed

 

    95.

NFF

Sub-14/04/16

A.1.2

 

Minimum wages

Clause should be amended to take same form as cl.45.1(h) in current MA. Same clause should also be included in cl.40 of ED.

Paras 111–112

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

Re-drafted clause breaks clause into shorter sentences and includes an additional signpost clause for ease of reference.

D

AWU

Reply-sub-5/05/16

Considered NFF’s submission and finds no issue with wording of ED.

Para 61

NFF

Further-sub-16/06/16

Not agreed

 

AWU

Reply-sub-5/05/16

In reply to NFF’s submission – is not opposed to inclusion of junior rates for piggery attendants.

Para 66

BusSA

Reply-sub-6/05/16

    Agree with NFF

11.36

NFF

Further-sub-16/06/16

    Likely to be agreed

 

101.

AWU

Sub -17/04/16

B.4.1

 

Pig Breeding and Raising – Piggery attendant employees

Award is ambiguous in terms of whether a day worker can work ordinary hours on a Sunday. Clause should be amended to exclude shiftworkers (given their rates are comprehensively dealt with in Schedule B.4.2) and to insert a 200% Sunday column.

Paras 48–49

See also 103

The AWU was asked to confirm its position by 15 July 2016. See transcript PN51–53

No ambiguity. Award does not contain provision for ordinary hours on Sundays. The Sat/Sun clause (MA cl 37) refers to a Saturday ordinary time rate, whereas Sunday rate referred to as ‘overtime’.

B.4.1 is a table of ordinary rates and penalty rates – overtime rats are in B.4.3.

A

NFF

Reply-sub-5/05/16

In reply to AWU – supports exclusion of shiftworkers and addition of 200% Sunday column provided column applies to ‘Sunday – overtime hours’

Para 41

NFF

Further-sub-16/06/16

Likely to be agreed subject to form.

 

102.

AWU

Sub -17/04/16

B.4.2

 

Pig Breeding and Raising – Piggery attendant employees

Columns headed ‘Non-continuous afternoon or night shift’ should be changed to “non-successive afternoon or night shift”. Second footnote should also be amended and third footnote deleted.

Para 50

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

See also item 104

Agree that clause 31.1 refers to non-successive shifts. Similar definitions have been included in other EDs – see [2015] FWCFB 7236 at paras 46–50

Will need to change definition in 31.1(c) from ‘non-continuous’ to ‘non-successive’ for consistency.

D

NFF

Reply-sub-5/05/16

Does not support introduction of “non-successive shifts” term

Para 42

NFF

Further-sub-16/06/16

Not agreed

 

103.

AWU

Sub -17/04/16

B.4.4

 

Casual piggery attendant adult employees (all employees including shiftworkers)—ordinary and penalty rates

A 225% column should be added for ordinary

hours worked by agreement on Sunday and shiftworkers should be excluded rather than included given their rates are in Schedule B.4.5.

Para 51

See also 101.

The AWU was asked to confirm its position by 15 July 2016. See transcript PN51–53

A

NFF

Reply-Sub-05/05/16

In reply to AWU – support exclusion of shiftworkers and introduction of 225% Sunday column provided the table heading reads ‘Sunday – overtime hours’.

Para 43

NFF

Further-sub-16/06/16

Likely to be agreed

 

104.

AWU

Sub -17/04/16

B.4.5

 

Casual piggery attendant adult employees—shiftworkers—ordinary and penalty rates

Reference to ‘non-continuous’ should be ‘non-successive’, footnote 2 amended and footnote 3 deleted.

Para 52

See also item 102

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

D

NFF

Further-sub-16/06/16

Not agreed

 

106.

NFF

Sub-14/04/16

B.6.2

 

Full-time and part-time junior poultry farm worker employees – ordinary, penalty rates and overtime

Rounding errors identified in rates outlined for PW1 under 16 years. Table should clarify that overtime is only payable after 152 hours are worked in a four week period. [Proposed wording in submission.]

Re issue of overtime payable for hours over 152, see also item 49

Para 118

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

Used rounded adult hourly rate as per usual practice to generate junior rates, whereas NFF calculations based on unrounded adult hourly rate.

Using our method – 50% of $17.29 = $8.645 –> $8.65 etc.

Same applies for all under 16 rates.

NFF may have calculated 50% of $17.2868 = $8.64

D

AWU

Reply-sub-5/05/16

Does not agree with NFF’s insertion

 

NFF

Further-sub-16/06/16

Not agreed

 

107.

NFF

Sub-14/04/16

B.6.3

 

Casual junior poultry farm worker employees – ordinary, penalty rates and overtime

Rounding errors identified in rates outlined for PW1 under 16 years. [Proposed alterations in submission.]

Para 119

Discrepancy over rounding as explained at item 106 above.

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

D

NFF

Further-sub-16/06/16

For discussion

 

108.

NFF

Sub-14/04/16

B.7

 

Shearing operations – shearers

Tables are highly complex and do not aid understanding – they confuse calculation of rates and are not appropriate in circumstances.

Para 120

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

D

NFF

Further-sub-16/06/16

For discussion

 

109.

NFF

Sub-14/04/16

B.7.2

 

Casual crutchers – not found – ordinary and penalty rates

Tables are highly complex and do not aid understanding – they confuse calculation of rates and are not appropriate in circumstances. There is also no reference to crutching rates for rams and ram stags. Some of figures are wrong. Any reference in the Schedule should only be to cross reference the award.

Paras 121–122

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

D

AWU

Reply-sub-5/05/16

Does not oppose inclusion of rates tables but accept they may require further refinement. Agree with NFF that rates for crutching of rams and ram stags should be inserted.

Para 68

NFF

Further-sub-16/06/16

For discussion

 

111.

NFF

Sub-14/04/16

C.2.2

 

Adjustment of expense related allowances

Reference to ‘all groups’ should be amended to the ‘eight capital cities weighted average’ to avoid confusion or potential misunderstanding around what groups constitute ‘all groups’. [Example in submission.]

Paras 124–125

Schedules A–C to be discussed by parties and parties to then provide FWC with material as per transcript PN615–616 and PN621.

While the parties agree with this change, the term ‘All groups’ has been used to clarify this is the index for ‘All groups’ within the Weighted average of eight capital cities (which is a broader definition). Should the text above the table be amended to Weighted Average of Eight Capitals CPI?

D

AWU

Reply-sub-5/05/16

Does not oppose NFF’s proposed amendments

Para 70

BusSA

Reply-sub-06/05/16

    Agree with NFF

11.37

NFF

Further-sub-16/06/16

    Likely to be agreed

 

116.

NFF

Sub-14/04/16

Sched G

 

Definitions and interpretation – Wine Industry

Parties are asked to confirm whether this is the appropriate definition of wine industry for the purpose of clause 3.3(a). It is inconsistent with the definition in the Wine Industry Award 2016.

‘Wine industry’ definition missing ‘the planting of wine grape vines’ – should be reinserted. [Proposed wording in submission.]

Para 132

See also item 3 & 4

ED amended. Definition deleted as a consequence of the amendment to clause 3.3 as per transcript PN127–163.

D

NFF

Sub-14/04/16

Moving definitions to Sched G unnecessary, creates difficulty. Definitions clause should remain in body of award.

Para 12

BusSA

Sub-15/04/16

Definition inappropriate – see further comments in response to cl.3.3(a) [item 4]

Para 11.2.15

Reply-sub-6/05/16

Disagree with NFF. Easy to navigate if all relevant definitions are contained in same schedule.

8.26, 11.1

AWU

Reply-sub-5/05/16

Satisfied with approach of putting definitions in the schedule, no amendment necessary.

Para 2

NFF

Further-sub-16/06/16

Definitions likely to be moved to the body of the Award as part of the plain language process. See comments at Item 3 and Item 4.

 

118.

AWU

Sub -17/04/16

Sched G

 

Definitions and interpretation

Definition of ‘continuous service’ should not include a provision which indicates continuous service is broken if an employee is absent from work due to a sickness or accident for more than 4 weeks in a year.

Para 54

Exposure draft amended – definition deleted as per transcript PN598, 606–614

D

NFF

Reply-sub-5/05/2016

Does not support AWU, believes definition of ‘continuous service’ could be amended as follows: (dot point 3): ‘takes long service leave, annual leave, personal/carers leave, public holidays, compassionate leave and community service leave; or’

Para 44

NFF

Further-sub-16/06/16

Not agreed

 

Item

Party

Document

CLAUSE (exposure draft)

CLAUSE (current award)

SUMMARY OF ISSUE

Their reference

Notes

Status

    8.

AWU

Sub -17/04/2016

5.2

 

    Facilitative provisions

    Reference to clause 30.3 incorrectly refers to individual agreement, not majority agreement.

Para 5

Parties confirmed agreement (see transcript PN35) and ED amended.

A

ABI&NSWBC

Reply-sub-6/05/16

    AWU correct, 30.3 requires agreement by ‘an individual’. Additionally reference to 30.5 is incorrect, proposes following amendments:

Clause

Provision

Agreement between an employer and:

30.3

Spread of ordinary hours

An individual

30.5

Method of implementing a 38 hour week

The majority of employees

Para 19.1

NFF

Further-sub-16/06/16

    Agree with ABI/NSWBC

 

    12.

NFF

Sub-14/04/16

6.3(b)

 

    Full-time employment

    Reference to pay scales obsolete, should refer to ‘the applicable rate of pay’.

Para 26

Parties confirmed agreement (see transcript PN35) and ED amended.

A

AWU

Reply-sub-5/05/16

    Agrees with NFF’s proposed amendment

 

BusSA

Reply-sub-6/05/16

    Agree with NFF

11.3

NFF

Further-sub-16/06/16

    NFF proposal likely to be agreed between the parties

 

    14.

NFF

Sub-14/04/16

6.4(b)

 

    Part-time employment

    Clause should be moved into cl.6.5 as it deals with casual employment.

Para 27

Parties confirmed agreement (see transcript PN35) and ED amended.

A

AWU

Reply-sub-5/05/16

    Agrees with NFF’s proposed amendment

Para 13

BusSA

Reply-sub-6/05/16

    Agree with NFF

11.4

NFF

Further-sub-16/06/16

    Likely to be agreed.

 

    15.

NFF

Sub-14/04/16

6.4(c)(b)

 

    Part-time employment

    Should be amended to correct typographical error.

Para 28

Clause is now 6.4(b)

Parties confirmed agreement (see transcript PN35) and ED amended.

A

AWU

Reply-sub-05/05/16

    Agrees with NFF’s proposed amendment

Para 13

BusSA

Reply-sub-06/05/16

    Agree with NFF

11.5

NFF

Further-sub-16/06/16

    Likely to be agreed.

 

    16.

NFF

Sub-14/04/16

6.5(a)

 

    Casual employment

    Current wording changes meaning of clause. Should be amended to re-insert words ‘as such’ or ‘engaged and paid as a casual employee’.

Para 29

Parties confirmed agreement (see transcript PN35) and ED amended.

A

AWU

Sub -17/04/16

    Should be amended to include ‘as such’, otherwise any employee engaged and paid by the hour can be treated as a casual.

Para 8

AWU

Reply-sub-05/05/16

    Supports NFF’s amendment, part-time employee could also be ‘paid by the hour’.

Para 14

BusSA

Reply-sub-06/05/16

    Agree with NFF and AWU

11.6

NFF

Further-sub-16/06/16

    Likely to be agreed subject to final wording.

 

    17.

NFF

Sub-14/04/16

6.5(c)(i)

6.5(d)(i)

 

    Casual employment

    Clause 40.1 of this exposure draft (clause 45.1(1) of the current award) provides for Shearers to be engaged by the day and clause 40.5 (clause 45.4(g) of the current award) provides for Woolpressers to be engaged on a time work basis. Parties are asked to comment on whether this is inconsistent with clause 6.5(c)(i)

    There is no inconsistency – clauses simply outline different options for payment of Shearer or Woolpresser. For sake of clarity and consistency with other terms of award, clause should be amended as suggested.

Paras 30–34

Parties confirmed agreement (see transcript PN35) and ED amended as per NFF suggested wording in further submission of 8 July 2016.

Provision may be affected by AM2014/197

A

BusSA

Sub-15/04/16

    No apparent inconsistency – however proposes the following amendment: ‘Casual Shearers, Crutchers and Woolpressers engaged as pieceworkers will be paid the piecework rates prescribed by this award’.

Para 11.2.3

AWU

Sub-17/04/16

    Given scope for payment at time work rates, clause should be amended to read: ‘Shearers, Crutchers and Woolpressers will be engaged as casual pieceworkers in accordance with the terms specified in Part 8 – Shearing Operations’.

Para 9

NFF

Reply-Sub-05/05/16

Note wording provided by AWU and Business SA. Contend their wording in Sub-14/04/2016 should be preferred.

Para 15

AWU

Reply-sub-05/05/16

Amendment proposed by NFF substantially same as AWU; Supports proposal made by BusSA suggest clearer than what proposed at para [9] AWU Sub -17/04/2016.

Para 15

BusSA

Reply-sub-06/05/16

Agrees with AWU proposal Sub -17/04/16 at para [9]

11.7

NFF

Further-sub-16/06/16

Likely to be agreed subject to final wording.

 

NFF

Further-sub-08/07/16

Wording proposed.

 

    19.

AWU

Sub -17/04/16

7

 

Breaks

Clause is problematic for piggery attendants who work as shiftworkers because there is a paid crib break entitlement. Clause should be amended to exclude those who will receive the paid crib break. [Proposed wording provided in submission.]

Para 10

Parties confirmed agreement (see transcript PN35) and ED amended as per NFF suggested wording in further submission of 8 July 2016.

A

NFF

Reply-Sub-05/05/16

Supports AWU submission. Propose alternative form of words. [Provided wording in submission.]

Para 16

BusSA

Reply-sub-06/05/16

Agrees with AWU, however their proposed wording unclear. Succinct references to specific clause mentioned by the AWU should be made.

11.8, 11.38

NFF

Further-sub-16/06/16

Likely to be agreed subject to final wording.

 

NFF

Further-sub-08/07/16

Provided wording in submission.

 

    20.

NFF

Sub-14/04/16

7.12(c)

 

Meal break

Should be amended to retain current MA wording and meaning. Limitation that work performed during meal break attracting a double time rate should be limited to work undertaken in response to a direct instruction from employer.

Paras 36–38

Parties confirmed agreement (see transcript PN35) and ED amended

A

AWU

Reply-sub-5/05/16

Does not opposed to NFF’s amendment on the basis that it reflects clause 15.1(b) of the current award.

Para 17

BusSA

Reply-sub-6/05/16

    Agree with NFF

11.9

NFF

Further-sub-16/06/16

   

    NFF amendment likely to be agreed.

 

    21.

AWU

Sub -17/04/16

9.1

 

Period of payment

The words ‘actual ordinary’ should be deleted as they indicate the payment obligation would not apply to overtime hours.

Para 11

Parties confirmed agreement (see transcript PN35) and ED amended

A

NFF

Further-sub-16/06/16

Likely to be agreed.

 

    24.

NFF

Sub-14/04/16

10.1(a)(iii)

 

Allowances – travelling allowance

Clause 17.4 of the current award defines the Travelling allowance as an ‘all purposes allowance’. Parties are asked to confirm whether this is correct.

‘Travelling allowances should not be treated as all-purpose allowances – they reimbursements for expenses and are inherently uncertain.

Para 41

Parties confirmed agreement that the allowance not an all purpose allowance and is an expense related allowance (see transcript PN35) – ED amended

A

ABI&NSWBC

Sub-15/04/16

Submits travelling allowance should not and cannot be construed as an all-purpose allowance as only paid in limited circumstances, and quantum of which will in many cases be unknown.

Paras 19.2 and 19.3

BusSA

Sub-15/04/16

Travel allowance incorrectly categorised as all-purpose allowance. Paid in situation where employee is required to travel from one place to another for purpose of work, and cannot appropriately form part of worker’s ordinary hourly rate.

Para 11.2.4

AWU

Sub-17/04/16

Accepts travelling allowance cannot sensibly be treated as an all-purpose allowance, more appropriately described as an expense-related allowance.

Para 12

Reply-sub-5/05/16

Para 20, 82

NFF

Further-sub-16/06/16

Likely to be agreed between parties.

 

    25.

AFEI

Sub-15/04/16

10.1(b)

 

Leading hand allowance

Allowance expressed as precise amount, however, full weekly amount only applies to full-time employees with part-time employees entitled to allowance on pro rata basis. Clause as currently expressed may be misleading.

Paras 31–32

Clause redrafted to clarify that the allowance is paid on a pro rata basis for part-time employees (see transcript PN538–547).

A

NFF

Reply-Sub-05/05/16

Agrees with AFEI, allowance payable on pro-rata basis to part time employees consistent with 6.4(a)(iii) as it applies to 10.1(a)(i)

Para 45

AWU

Reply-sub-05/05/16

Expression of allowance as weekly rate common in many industries. No change to ED warranted.

Para 78

BusSA

Reply-sub-6/05/16

    Agree with AFEI

11.10

NFF

Further-sub-16/06/16

    Not agreed

 

    27.

NFF

Sub-14/04/16

10.1(d)2(b)

 

Travel allowance

Subclauses 10.1(d)(i) and (ii) should be amended as suggested for the sake of clarity.

Para 42

Parties confirmed agreement (see transcript PN35) and ED amended

A

AWU

Reply-sub-5/05/16

Agrees with both proposed amendments

 

NFF

Further-sub-16/06/16

NFF amendment likely to be agreed.

 

    28.

NFF

Sub-14/04/16

10.2(a)(i)

 

Tool and equipment allowance

Should be amended as suggested for clarity.

Para 45

Parties confirmed agreement (see transcript PN35) and ED amended

A

AWU

Reply-sub-5/05/16

See no significant difference between NFF’s proposed amendment and ED, will accept either.

 

NFF

Further-sub-16/06/16

Likely to be agreed subject to wording.

 

    29.

NFF

Sub-14/04/16

10.2(b)(c)

 

Use of vehicle allowances

Should be amended as suggested for clarity and consistency.

Para 46

Parties confirmed agreement (see transcript PN35) and ED amended. Clause is now 10.2(c).

A

AWU

Reply-sub-5/05/16

Not opposed to NFF’s proposed amendment given 17.2(b) of current award uses the term ‘instructs’.

Para 24

NFF

Further-sub-16/06/16

NFF amendment likely to be agreed.

 

    31.

NFF

Sub-14/04/16

10.2(e)(f)

 

Wet weather clothing and footwear

Should be amended as suggested for ease of understanding and consistency with current MA. [Note submission refers to 10.1(e)]

Para 44

Parties confirmed agreement (see transcript PN35) and ED amended. Clause is now 10.2(f).

A

AWU

Reply-sub-05/05/16

Not opposed to amendment

Para 22

BusSA

Reply-sub-06/05/16

    Agree with AWU’s submission

11.12

NFF

Further-sub-16/06/16

    NFF amendment likely to be agreed.

 

    34.

NFF

Sub-14/04/16

14.4(a)(ii)

 

Annual leave loading

Reference to cl.15.4(a)(i) should be amended to cl.14.4(a)(i).

Para 50

Provision may be affected by AM2014/47

Parties confirmed agreement (see transcript PN35) and ED amended to correct cross reference.

A

AWU

Reply-sub-05/05/16

Agree with NFF clause reference should be amended

Para 27

BusSA

Reply-sub-06/05/16

    Agree with NFF

11.13

NFF

Further-sub-16/06/16

    NFF amendment likely to be agreed.

 

    37.

NFF

Sub-14/04/16

18.2(b)

 

Substitution of certain public holidays

Reference to ‘in the enterprise or part of the enterprise concerned’ should be moved as suggested for clarity and consistency

Para 51

Provision may be affected by AM2014/301

Parties confirmed agreement (see transcript PN35) and ED amended.

A

AWU

Sub-17/04/16

Wording in clause 26.2(b) of current MA clearer and should be retained.

Para 18

NFF

Reply-Sub-05/05/16

Agrees with AWU, retain wording of current MA.

Para 21

AWU

Reply-sub-5/05/16

Agree with NFF’s amendment

Para 28

BusSA

Reply-sub-6/05/16

 

NFF

Further-sub-16/06/16

    Likely to be agreed

 

    39.

NFF

Sub-14/04/16

23.2(b)

 

Farm and Livestock Hand Level 2 (FLH2)

‘QA Programs’ are not currently defined in the award, should a definition be included in the award?

Defining term not necessary as it is well understood in industry and can be varied according to market requirements. Greater clarity may be achieved by spelling term out in full.

Paras 53–54

Parties confirmed agreement (see transcript PN35) and ED amended to replace references to ‘QA Programs’ with ‘quality assurance programs’ throughout. Comment deleted.

A

BusSA

Sub-15/04/2016

No definition necessary, term should simply be rewritten as ‘quality assurance program’. If term has other meaning, a definition should be provided.

Para 11.2.6

AWU

Sub -17/04/16

Definition not required.

Para 19

NFF

Reply-Sub-05/05/16

Notes AWU views – prefers NFF’s own submission Sub-14/04/2016

Para 22

AWU

Reply-sub-05/05/16

Not opposed to replacing references to “QA Programs” with “Quality Assurance Programs” as per NFF’s submission.

Para 29, 84

NFF

Further-sub-16/06/16

Likely to be agreed

 

    40.

NFF

Sub-14/04/16

23.2(b)

 

Farm and Livestock Hand Level 2 (FLH2)

Should ‘OH&S procedures’ be changed throughout the award to ‘WH&S procedures’ in line with current legislation?

No objection to change, although abbreviation ‘WHS’ more common. If necessary, words ‘work health and safety’ could be adopted.

Para 55

Parties confirmed agreement (see transcript PN35) and ED amended to replace references to ‘OH&S’ with ‘WH&S’ throughout. Comment deleted.

A

BusSA

Sub-15/04/16

Supports inclusion of wording ‘WH&S procedures’.

Para 11.2.6

ABI &

NSWBC

Sub-15/04/16

References to ‘OH&S procedures’ should be changed to ‘work health and safety procedures’ throughout award.

Para 19.4

AWU

Sub-17/04/16

References should be amended to ‘WH&S procedures’.

Para 19

AWU

Reply-sub-5/05/16

Not opposed to replacing “OH&S procedures” with “work health and safety procedures”.

Para 29, 74

NFF

Further-sub-16/06/16

Likely to be agreed to replace ‘OH&S’ with ‘WH&S, noting similar changes agreed in the other agricultural awards.

 

    43.

NFF

Sub-14/04/16

25.3

 

Special Allowances

Parties are asked whether the allowances in clause 25 only apply to the Broadacre Farming and Livestock Operations stream. These allowances were found in the pre reform Pastoral Industry Award 1998 [AP792378CRV] at clause 37

Allowances only apply to Broadacre Farming and Livestock Operations stream, however, important to note Piggery and Poultry Operations were also covered by Pastoral Industry Award 1998.

Para 60

Parties are agreed that the allowances in clause 25 only apply to Broadacre Farming and Livestock Operation employees. Comment deleted. Claim in relation to moving the allowance to clause 10.1 withdrawn by AWU. See transcript at PN557–572

A

ABI&NSWBC

Sub-15/04/16

Clear allowances in cl.25 only apply to Broadacre Farming and Livestock Operations.

Para 19.6

BusSA

Sub-15/04/16

Allowances in cl. 25 should only apply to Broadacre Farming and Livestock Operations stream – pre reform award demonstrates that clause should not apply beyond Part 5.

Para 11.2.8

AWU

Sub-17/04/16

Disability allowance should be moved to clause 10.1 so it can apply to any employee who is exposed to these tasks.

Para 22

Reply-sub-05/05/2016

Relies on Sub -17/04/2016

Para 32, 76, 86

ABI&NSWBC

Reply-sub-06/05/16

Disagrees with AWU’s proposal to move disability allowance to 10.1, submits this would be substantive change.

Para 19.3

NFF

Further-sub-16/06/16

Not agreed.

 

    44.

AWU

Sub -17/04/16

25.3(a)

 

Special allowances

Should be amended to read: ‘in or in connection with jetting or spraying of sheep, if they mix the poison or handle the nozzle’.

Para 21

ED amended, see transcript PN35

A

NFF

Reply-sub-5/05/16

NFF supports wording proposed by AWU in relation to clause 25.3.

Para 24

BusSA

Reply-sub-6/05/16

    Agree with AWU’s submission

11.18

NFF

Further-sub-16/06/16

    AWU amendment likely to be agreed.

 

    46.

NFF

Sub-14/04/16

27.1

 

Overtime and penalty rates

Reference to ‘clause 26.1’ should be amended to ‘clause 26’.

Para 64

ED amended, see transcript PN35

A

AWU

Reply-sub-5/05/16

Agrees with NFF reference should be to cl. 26

Para 34

NFF

Further-sub-16/06/16

Likely to be agreed.

 

    48.

NFF

Sub-14/04/16

27.5

 

Overtime and penalty rates

Clause should be amended to refer to overtime payments being calculated on minimum weekly rate for simplicity and ease of understanding

Para 65

ED amended to incorporate NFF proposed wording in submission of 8 July 2016, comment deleted.

A

AWU

Sub-17/04/16

Proposes alternative wording to make clearer.

Para 26.

AWU

Reply-sub-5/05/16

AWU prefers their wording in Sub -17/04/2016 para 26 to NFF.

Para 35

NFF

Reply-sub-5/05/16

Submits alternative wording:

Overtime and public holiday rates are calculated on the ordinary hourly rate before any deduction is made for keep

Para 27

BusSA

Reply-sub-6/05/16

    Agree with NFF and AWU’s submissions.

11.20

NFF

Further-sub-16/06/16

    Likely to be agreed subject to wording.

 

NFF

Further-sub-08/07/16

    Wording proposed.

 

    50.

NFF

Sub-14/04/16

27.6

 

Public holidays

Reference to ‘Farm’ should be amended to ‘farm’.

Para 71

ED amended, see transcript PN35

A

AWU

Reply-sub-5/05/16

Agree with correction proposed by NFF

Para 37

BusSA

Reply-sub-6/05/16

    Agree with NFF

11.21

NFF

Further-sub-16/06/16

    Likely to be agreed

 

    53.

NFF

Sub-14/04/16

30.3

 

Ordinary hours of work

Amendment required regarding provision for agreement between employee and employer to improve ease of understanding.

Para 73

ED amended, see transcript PN35

A

AWU

Reply-sub-05/05/16

Not opposed to NFF’s amendment

Para 39

NFF

Further-sub-16/06/16

NFF amendment likely to be agreed

 

    56.

AWU

Sub-17/04/16

31.2(e)

 

Ordinary hours and roster cycles–shiftworkers

Should be amended to include reference to ‘per shift’

Para 32

ED amended, see transcript PN35

A

BusSA

Reply-sub-6/05/16

    Agrees with AWU

11.22

NFF

Further-sub-16/06/16

    Likely to be agreed.

 

    57.

NFF

Sub-14/04/16

31.6

 

Shiftwork

Reference to clause 33 should be amended to reflect full heading.

Para 75

ED amended, see transcript PN35

A

AWU

Reply-sub-05/05/16

Does not oppose NFF’s amendment

Para 40

NFF

Further-sub-16/06/16

NFF amendment likely to be agreed.

 

    61.

AWU

Sub-17/04/16

32.6

 

Overtime and penalty rates

Clause unnecessary.

Para 34

ED amended, see transcript PN35

A

BusSA

Reply-sub-6/05/16

    Agrees with AWU

1.24

NFF

Further-sub-16/06/16

Likely to be agreed.

 

    68.

NFF

Sub-14/04/2016

38

 

Overtime and penalty rates

Heading should be amended to ‘Overtime and public holidays’

Para 84

ED amended, see transcript PN35

A

AWU

Reply-sub-5/05/2016

Agree with NFF’s amendment

Para 44

NFF

Further-sub-16/06/16

NFF amendment likely to be agreed.

 

    70.

AWU

Sub-17/04/16

38.1(a)

 

Overtime

Insert ‘worker’ after ‘poultry’.

Para 39

ED amended, see transcript PN35

A

NFF

Reply-sub-5/05/16

Supports AWU amendment to 38.1(a)

Para 24

BusSA

Reply-sub-6/05/16

    Agrees with AWU

11.26

NFF

Further-sub-16/06/16

    Likely to be agreed.

 

    72.

AWU

Sub-17/04/16

39.2(c)(ii)

 

Minimum daily payment

Second dot point should read: ‘the employee is advised by the employer of a starting time with more than 24 hours’ notice’.

Para 41

ED amended, see transcript PN35

A

NFF

Reply-sub-5/05/16

Supports AWU’s amendment to 39.2(c)(ii)

Para 35

BusSA

Reply-sub-6/05/16

    Agrees with AWU

11.27

NFF

Further-sub-16/06/16

    Likely to be agreed.

 

    77.

NFF

Sub-14/04/16

40.2

 

Additional rates

Heading should be amended to ‘Other shearing rates’ as not all rates are additional, and minor amendments made to the table for greater clarity. [Proposed wording and examples in submission]

Paras 85–87

ED amended, see transcript PN35

A

AWU

Reply-sub-05/05/16

Agree with NFF’s amendments to heading and tables in 40.2 given they reflect 45.1 of current award.

Para 45

NFF

Further-sub-16/06/16

NFF amendment likely to be agreed

 

    78.

NFF

Sub-14/04/16

40.3, Sch A.2

 

Rates for crutching and Schedule A.2 – Crutching formula

Current wording suggests piecework rates for crutching to be paid in addition to shearing rates. No basis for change – activities different in nature and two rates are not paid together. Amendments proposed to clarify payment in relation to crutching. [Proposed wording and examples in submission]

Paras 88–91

ED amended, see transcript PN35

A

AWU

Reply-sub-5/05/16

Agree with NFF’s amendments to clarify there are separate rates for crutching and shearing

Para 46

BusSA

Reply-sub-6/05/16

    Agrees with NFF

11.28

NFF

Further-sub-16/06/16

    Likely to be agreed

 

    79.

NFF

Sub-14/04/16

40.3(b)

 

Rates for crutching – lack of amenities allowance

This wage related allowance is currently adjusted in accordance with changes in standard rate at the time of annual wage review. Parties are asked to comment on whether this allowance should be expressed as 51.5% of the standard rate?

Allowance should be expressed as dollar figure.

Method of calculation for allowances could be included in Schedule C.

Should be amended to specify allowance is paid in addition to piecework rates. [Proposed wording in submission]

Paras 92–94

ED amended and allowance added to Schedule C, see transcript PN35

[Issue also raised during consultation re the draft determination arising from AWR 2015–16. Rate currently adjusted as a wage-related allowance (not in accordance with clause 45.2(c) of the current award)]

A

Reply-sub-5/05/16

Para 36

BusSA

Sub-15/04/16

Support proposed change

Para 11.2.12

AWU

Sub-17/04/16

Does not support change.

Para 42, 90

AWU

Reply-sub-05/05/16

Agree with NFF’s proposed amendments.

Para 47

NFF

Further-sub-16/06/16

Likely to be agreed

 

    80.

NFF