4 yearly review of modern awards—Pastoral Industry Award 2010
[2016] FWC 5837
•17 AUGUST 2016
| [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:
(i) crutching rates for rams and ram stags;
(ii) provisions relating to ‘learner shearers’;
(iii) the definition of ‘broadacre field crops’;
(iv) annualised salaries; and
(v) the method of calculating the Woolclassers allowances formula.
[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:
‘…there is the potential for this clause to be interpreted inconsistently by employers and employees who may not be aware of the development and operation of this clause. Business SA submits this clause be clarified before this draft determination is incorporated into the Pastoral Award 2010.’
[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:
● Australian Business Industrial and the NSW Business Chamber;
● The Australian Workers’ Union;
● Business SA;
● National Farmers’ Federation (the NFF); and
● Shearing Contractors Association of Australia.
[7] Following the conference, further material was received by the Commission from:
● Business SA – correspondence - conference matters, dated 8 July 2016; and
● National Farmers’ Federation – submission, dated 8 July 2016.
[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 [email protected] by no later than 12.00pm Monday 22 August 2016.
[13] All material should be sent to [email protected].
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:
(a) the management, breeding, rearing or grazing of livestock or poultry;
(b) the shearing and crutching of sheep and the classing and pressing of wool on farms;
(c) dairying;
(d) hatchery work;
(e) the sowing, raising or harvesting of broadacre field crops and other crops grown as part of a broadacre mixed farming enterprise;
(f) the treatment of land for any of these purposes; or
(g) clearing, fencing, well sinking, dam sinking or trenching on such farms or properties except in connection with work in clauses 3.3(g) to (k).
1.3 Without limiting the generality of the exclusion, this award does not cover employees covered by:
(a) the Aquaculture Industry Award 2016, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;
(b) the Horticulture Award 2016;
(c) the Seafood Processing Award 2016, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;
(d) the Silviculture Award 2016, except where carried on as a part of a broadacre mixed farming enterprise;
(e) the Sugar Industry Award 2016; and
(f) the Wine Industry Award 2016.
3.3 The award does not cover employers in the following industries:
(g) the wine industry;
(h) silviculture and afforestation except where carried on as a part of a broadacre mixed farming enterprise;
(i) sugar farming or sugar cane growing, sugar milling, sugar refining, sugar distilleries and/or sugar terminals;
(j) the horticulture industry, as defined in the Horticulture Award 2016; or
(k) any work in or in connection with the production and processing of fish, aquaculture and marine products including:
(i) fish purse seining or polling,
(ii) fish farming,
(iii) marine farming,
(iv) aquaculture,
(v) pisciculture,
(vi) mariculture,
(vii) cultivation of live sea and freshwater products,
(viii) breeding or spawning of fish and hatching of fish or marine products whether in or from the sea, rivers, dams, tanks, ponds, underwater cages, aquariums or other water source,
(ix) holding, containing, penning, or harvesting of live fish or marine products or marine vegetation,
(x) cleaning, purging, flushing, packing, freezing, processing, preserving, smoking, treatment of fish or marine products,
(xi) cultivation, culling or treatment of live shellfish including marine farming of oysters, mussels, clams, scallops and abalone
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:
(a) employees excluded from award coverage by the Fair Work Act 2009 (Cth) (the Act);
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
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:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
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:
(a) be confined to a variation in the application of one or more of the terms listed in clause 4.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
1.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
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:
(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual employee.
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 |
30.3 | 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:
(a) full-time;
(b) part-time; or
(c) casual.
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
(a) A full-time employee is an employee who is engaged to work an average of 38 hours per week over a four week period.
(b) A full-time employee must be provided with a written statement setting out their classification, applicable rate of pay scale and terms of engagement.
1.4 Part-time employment
Part-time employment provisions may be affected by AM2014/196 |
(a) A part-time employee is an employee who:
(i) is engaged to work less than an average of 38 hours per week over a four week period;
(ii) has reasonably predictable hours of work; and
(iii) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(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)]
(b) At the time of engagement the employer and the part-time employee will agree in writing on the a regular pattern of work, specifying at least:
(i) the hours worked each day;
(ii) which days of the week the employee will work; and
(iii) the actual starting and finishing times each day.
(c) Changes in hours may only be made by agreement in writing between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing.
(d) All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
(e) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the ordinary hourly rate prescribed for the class of work performed.
(f) Minimum engagement
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 |
(a) A casual employee is an employee engaged as such and paid by the hour.
(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.
(c) An employer when engaging a casual must inform the employee that they are employed as a casual, stating:
(i) by whom the employee is employed;
(ii) their hours of work;
(iii) their classification level; and
(iv) their rate of pay.
(a) Casual pieceworkers
(i) Shearers, Crutchers and Woolpressers will be engaged as casual pieceworkers and will be paid piecework rates in accordance with Part 8—Shearing Operations. the piecework rates prescribed by this award.
(ii) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.
(iii) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.
(a) Casual loading
(i) For each hour worked a casual employee, other than a casual pieceworker, must be paid:
● the ordinary hourly rate prescribed for the class of work performed; and
● a loading of 25% of the ordinary hourly rate.
(ii) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.
(b) Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.
(c) Minimum engagement
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
(a) Subject to clause 6.6(b), during any time an employee engaged on a weekly basis under Part 5—Broadacre Farming and Livestock Operations is employed in shearing or crutching operations of the principal employer, Part 8—Shearing Operations will not apply.
(b) Exception
(i) Clause 6.6(a) will not apply to any farm and livestock hand engaged by the week who:
● works in the employer’s shearing shed; and
● who has been engaged by the employer during the period commencing one week before the actual shearing or crutching begins; and
● who is discharged during the week after the shearing or crutching actually ends.
(ii) In this case, the employee will be paid station hand rates when performing work covered by Part 5 of this award and shearing rates when performing work covered by Part 8 of this award.
1. Breaks
1.1 The following provisions will apply to all employees other than:
(a) employees engaged on in shearing operations, who are will be entitled to the breaks prescribed for the work in Part 8—Shearing Operations.; and
(b) piggery attendants engaged as shiftworkers, who are entitled to the breaks prescribed in Part 6—Pig Breeding and Raising.
1.2 Meal break
(a) A meal break of between 30 minutes and 60 minutes will be allowed each day, to be taken not later than five hours after commencing ordinary hours of work.
(b) If there is agreement between the employer and an individual employee, the meal break may be taken at a time agreed.
(c) All work performed under the direction on the instruction of the employer during a recognised meal break will be paid for at 200% of the ordinary hourly rate. Payment will continue at this rate until the employee is released for a meal break of not less than 30 minutes.
1.3 Paid rest break
(a) Employees will be allowed a paid rest break of 10 minutes each morning.
(b) If agreement is reached between the employer and employee for an additional rest break, the rest break will be unpaid and in addition to the employee’s ordinary hours of work.
1. Higher duties
(a) An employee engaged for more than two hours during one day or shift on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum wage for the day or shift.
(b) If the employee works at the higher classification for two hours or less during one day or shift, they must be paid the higher minimum wage for the time worked at the higher classification.
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
(a) All purpose 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:
(i) leading hand allowance (clause 10.1(b));
(ii) first aid allowance (clause 10.1(b)(ii)); and
(iii) travelling allowance (clause 10.1(d)).
(a) Leading hands
(i) A leading hand in charge of two or more people must be paid as follows:
In charge of | $ per week |
2–6 employees | 20.94 |
7–10 employees | 24.40 |
11–20 employees | 34.78 |
More than 20 employees | 43.70 |
(ii) The allowance contained in clause 10.1(b)(i) will apply to part-time employees on a pro rata basis.
(a) First aid allowance
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.
(b) Travelling allowance [Moved to clause 10.2(b])
(i) Where an employee who is required to travel from one place to another for the purpose of work, the time occupied in travelling will be counted as time worked and paid for as such.
(ii) Time spent by an employee travelling from the employee’s home to the principal place of employment and return will not be regarded as time worked.
(iii) An employee who is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment), will reimbursed by the employer for the demonstrable cost of suitable accommodation.
(iv) The provisions of clause 10.1(d) will not apply where the employer provides the employee with suitable accommodation free of charge.
1.2 Expense-related allowances
(a) Tool and equipment allowance
(i) If the employer requires employees to supply their own tools and equipment, they employees must be reimbursed for the cost of supplying those tools and equipment.
(ii) The provisions of this clause do not apply where the tools and equipment are paid for by the employer.
(a) Travelling allowance [Moved from clause 10.1(d)]
(i) Where an employee who is required to travel from one place to another for the purpose of work, the time occupied in travelling will be counted as time worked and paid for as such.
(ii) Time spent by an employee travelling from the employee’s home to the principal place of employment and return will not be regarded as time worked.
(iii) An employee who is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment), will be reimbursed by the employer for the demonstrable cost of suitable accommodation.
(iv) The provisions of clause 10.2(b) will not apply where the employer provides the employee with suitable accommodation free of charge.
(a) Use of vehicle allowance
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.
(b) Overtime meal allowance
(i) If an employee is required to work overtime after working ordinary hours (except where the period of overtime is less than one and a half hours):
● the employee will be paid $12.93 for the first and any subsequent meals; or
● the employer will supply the employee with a meal.
(ii) An employee required to work overtime for more than two hours after the employee's ordinary finishing time without having been notified before leaving work on the previous day that they will be required to work overtime:
● will be provided with a suitable meal free of cost; and
● if the work extends into a second meal break, another meal; or
● in the event of the meal not being supplied the employee is entitled to a payment of $12.93 for each meal not supplied.
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? |
(a) Reimbursement of expenses
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.
(b) Wet weather clothing and footwear
(i) An employee who is required to work in a wet place must be provided with protective clothing and footwear by the employer.
(ii) If the an employee who is required to work in a wet place is not provided with the protective clothing and footwear, the employer will reimburse the employee for the reasonable cost of providing the their own protective clothing and footwear.
(iii) If the protective clothing and footwear is provided and paid for by the employer, it will remain the property of the employer.
(iv) ‘Wet place’ is defined in Schedule G—Definitions and interpretation.
(a) Protective clothing
(i) If the employer requires an employee to supply his or her own protective clothing, the employer must reimburse the employee for the cost of supplying the protective clothing.
(ii) The provisions of clause 10.2(g)(i) do not apply where the protective clothing is paid for by the employer.
(iii) Any protective clothing that is paid for by the employer remains the property of the employer.
(a) Charges for accommodation, meat, goods, and services
(i) If the employer provides an employee with living premises for the use of a “without keep” employee and the employee’s household, the employer may charge an amount agreed between them in writing for the use of the premises and/or power supplied to the premises.
(ii) The employer may charge to an employee:
● the cost of goods or services supplied to the employee at the employee’s request and paid for by the employer; and
● the cost of goods purchased by the employer for the employee at the employee’s request.
(iii) If the employer supplies an employee with meat, the employer may charge the employee an amount mutually agreed upon.
(iv) If the employer sells groceries or stores to the employee, the prices charged must not exceed the cost price with carriage added.
See Schedule C for a summary of monetary allowances. |
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
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in 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
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 13.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 13.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 13.3(a) or (b) was made.
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:
(a) Prime Super;
(b) CareSuper;
(c) AustSafe Super;
(d) AustralianSuper;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 3—Leave, Public Holidays and Other NES Entitlements
1. Annual leave
This annual leave provision may be affected by AM2014/47 – see draft determination |
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
(a) An employee (other than a pieceworker) under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.
(b) Clause 14.3(a) will apply instead of the base rate of pay as referred to in s.90(1) of the Act.
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:
(a) Other than shiftworkers
(i) An employee other than a shiftworker must be paid a loading equal to 17.5% of the wages prescribed by this award for the ordinary hours of work as performed between Monday and Friday.
(ii) Where an employee is rostered to work ordinary weekly hours on days which attract penalty rates and the employee would have earned a greater amount than the amount provided in clause 15.4(a)(i) 14.4(a)(i) but for the period of leave then the employee will be paid the amount they would have earned for the ordinary hours worked instead of the 17.5% loading.
(a) Shiftworkers
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:
(a) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and
(b) the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued.
1.6 Paid leave in advance of accrued entitlement
(a) By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing.
(b) If leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.
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
(a) By agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned, an alternative day may be taken as the public holiday instead of any of the prescribed days.
(b) An employer and an individual employee in the enterprise or part of the enterprise concerned may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the enterprise or part of the enterprise concerned.
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
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 19.3.
Part 4—Consultation and Dispute Resolution
2. Consultation
2.1 Consultation regarding major workplace change
(a) Employers to notify
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employers to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 21.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 21.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
2.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
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:
(a) Station hand with less than 12 months’ experience in the industry;
(b) Station cook;
(c) Station cook’s offsider; and
(d) Cattle farm worker grade A who:
● works under direct supervision either individually or in a team environment;
● understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults; and
● understands and utilises basic statistical process control procedures.
Indicative of the tasks which an employee at this grade may perform are the following:
● routine mustering;
● routine fence repairs;
● aerial stock sighting;
● repetitive packing and/or unpacking; and
● kitchen/cooking assistance not involving food preparation.
(e) Feedlot employee level 1 with less than three months’ experience in the industry.
(f) Dairy operator grade 1A with less than 12 months’ experience in the industry who:
● uses their knowledge and skills to perform set procedures such as milking and attending to livestock, haymaking, fencing.
Indicative of the tasks which an employee at this level may perform are the following:
● operate milking plant and equipment in a safe manner;
● identify and report equipment not operating normally;
● work co-operatively as part of a team;
● read and record instrument information i.e. milk vat temperatures and cow numbers; and
● understand the principles of safe working.
2.2 Farm and livestock hand level 2 (FLH2)
An employee at this level includes:
(a) Cattle farm worker grade B who:
● performs work above and beyond the skills of a cattle farm worker grade A and to the level of their training;
● is responsible for the quality of their own work subject to routine supervision;
● works under routine supervision either individually or in a team environment; and
● exercises discretion within their level of skills and training.
Indicative of the tasks which an employee at this level may perform are the following:
● receive, check, despatch and record goods received and sent;
● assist a tradesperson;
● basic non-trades daily maintenance of equipment used by the employee;
● sort and cut out stock;
● sort and brand yarded stock;
● fence repairs;
● kitchen/cooking assistance not involving unsupervised food preparation;
● boundary riding;
● forklift, overhead crane, winch or tractor operation; and
● household domestic work other than childcare or child education.
(b) Feedlot employee grade 1 with more than three months’ experience in the industry who:
● works under direct supervision with regular checking of their work.
Indicative of the tasks which an employee at this level may perform are the following:
● perform cattle handling procedures;
● perform cattle health and welfare procedures;
● assist with euthanasing livestock;
● assist with performance of cattle post-mortem procedures;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures;
● perform feed manufacture and delivery procedures;
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures;
● possess understanding of industry QA quality assurance Pprograms and all site operating procedures; and
● carry out workplace OH&S WH&S procedures.
2.3 Farm and livestock hand level 3 (FLH3)
An employee at this level includes:
(a) Station hand who:
● has at least 12 months’ experience in the industry as a station hand; but
● does not conform to the definition of senior station hand (FLH5) in clause 23.5.
(b) Dairy operator grade 1B with 12 months’ experience in the industry who:
● uses their knowledge and skills to perform set procedures such as milking and attending to livestock, haymaking, fencing.
Indicative of the tasks which an employee at this level may perform are the following:
● operate milking plant and equipment, in a safe manner;
● identify and report equipment not operating normally;
● work co-operatively as part of a team;
● read and record instrument information i.e. milk vat temperatures and cow numbers; and
● understands the principles of safe working.
2.4 Farm and livestock hand level 4 (FLH4)
An employee at this level includes:
(a) Feedlot employee level 2 who:
● has two years’ experience in the feedlot industry; and
● works under routine supervision with intermittent checking of their work.
Indicative of the tasks which an employee at this level may perform are the following:
● utilise ability to make independent work decisions at this level;
● perform cattle handling procedures;
● perform cattle health and welfare procedures;
● euthanase livestock;
● perform cattle post-mortem procedures;
● select livestock for specific markets;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures;
● perform feed manufacture and delivery procedures;
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures;
● possess understanding of industry QA quality assurance programs and all site operating procedures; and
● carry out workplace OH&S WH&S procedures.
2.5 Farm and livestock hand level 5 (FLH5)
An employee at this level includes:
(a) Dairy operator grade 2 who:
● has two years’ experience in the industry;
● uses their knowledge and skills to multiple operations involving basic levels of problem solving and decision making; and
● has an appreciation of the overall processes involved in a dairy farm.
Indicative of the tasks which an employee at this level may perform are the following:
● operate milking plant and equipment, undertake multiple functions, produce a quality outcome e.g. farm machinery;
● maintain machinery, undertake adjustments and size changes;
● solve problems and make decisions within given guidelines;
● know general scientific terminology and assist with processes such as machine repair, artificial insemination, fertiliser mix design etc.;
● operate standard measuring equipment;
● operate computerised systems using menu options;
● contribute to the team in a specific role, providing input and assisting other team members; and
● work at times without supervision.
(b) Senior station hand is an employee who:
● has at least two years’ experience in the industry; and
● is capable of performing efficiently without supervision any of the tasks reasonably required of them.
Indicative of the tasks which an employee at this level may perform are the following:
● drive, maintain and operate farm vehicles and machinery;
● animal husbandry;
● stock handling;
● irrigation work; and
● use of chemicals.
2.6 Farm and livestock hand level 6 (FLH6)
An employee at this level includes:
(a) Feedlot employee level 3 who:
● has Certificate III qualifications;
● has worked in the feedlot industry for at least two years; and
● works with limited supervision with checking of their work related to overall progress.
Indicative of the tasks which an employee at this level may perform are the following:
● utilise ability to make independent work decisions;
● utilise Certificate III qualifications daily in the employee’s primary work area;
● perform cattle handling procedures;
● perform cattle health and welfare procedures;
● euthanase livestock;
● perform cattle post-mortem procedures;
● select livestock for specific markets;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures;
● perform feed manufacture and delivery procedures;
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures;
● possess understanding of industry QA quality assurance programs and all site operating procedures; and
● carry out workplace OH&S WH&S procedures.
2.7 Farm and livestock hand level 7 (FLH7)
An employee at this level includes:
(a) Senior dairy operator grade 1 who:
● uses their knowledge and skills to coordinate the operation of a farm process or area of expertise e.g. milking and animal attendance, pasture and farm maintenance, breeding programs and artificial insemination area.
Indicative of the tasks which an employee at this level may perform are the following:
● overview of all farm operations;
● show strong planning and organising abilities, develop work plans to achieve objectives;
● operate computer equipment and software packages requiring set-up and basic function operation;
● maintain equipment requiring modification, part replacement and overhauls;
● gather information, generate a range of options and implement a course of action to solve problems;
● demonstrate a comprehensive understanding of the dairy industry monitoring the industry through literature;
● use measuring equipment requiring calibration and measurement conversion;
● use established scientific processes in at least one area of specification;
● co-operate with other team members, establish priorities and work goals; and
● work with others to develop their competencies.
(b) Feedlot employee level 4 who:
● has Certificate III qualifications;
● has worked in the feedlot industry for at least two years; and
● works with limited supervision with checking of their work related to overall progress.
Indicative of the tasks which an employee at this level may perform are the following:
● utilise ability to make independent work decisions;
● utilise Certificate III qualifications daily in the employee’s primary work area;
● perform cattle handling procedures (where livestock operation is the primary work area);
● perform cattle health and welfare procedures (where livestock operation is the primary work area);
● euthanase livestock (where livestock operation is the primary work area);
● perform cattle post-mortem procedures (where livestock operation is the primary work area);
● select livestock for specific markets;
● transport, handle and store chemicals applicable to primary work area;
● prepare and apply chemicals applicable to primary work area;
● operate moving plant and equipment competently and efficiently;
● perform grain processing procedures (where feeding and milling operations is the primary work area);
● perform feed manufacture and delivery procedures (where feeding and milling operations is the primary work area);
● perform hygiene and housekeeping procedures associated with the primary work area;
● perform feedlot and environment maintenance procedures (where feedlot and environment maintenance operations is the primary work area);
● possess understanding of industry QA quality assurance programs and all site operating procedures;
● carry out workplace OH&S WH&S procedures.
2.8 Farm and livestock hand level 8 (FLH8)
An employee at this level includes:
(a) Senior dairy operator grade 2 who:
● under the direction of the owner or manager uses their expertise and skills in order to supervise and maintain the operation of a dairy farm.
Indicative of the tasks which an employee at this level may perform are the following:
● set and monitor work goals;
● anticipate potential problems/issues and determine the best course of action;
● approach the resolution of conflict using objectivity and reason, differentiating between the two;
● supervise other grades;
● where appropriate, seek to develop team performance and cohesion, taking into account competencies and the needs of team members;
● keep abreast of dairy industry trends and changes;
● where necessary, exercise foresight in relation to farm needs and make recommendations to farm management; and
● operate scientific processes necessary to achieve farm objectives.
1. Minimum wages
1.1 Adult wages
The following wages apply to adult farm and livestock hands classified under clause 23—Classifications 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:
(a) $7.11 for the horse; and
(b) $5.68 for the saddle.
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:
(a) an allowance mutually agreed upon for each dog; and
(b) the amount of any licence or registration fee which must be paid by the employee for a period during which the dog is used.
1.3 Employees will be paid $3.10 per day in addition to their ordinary rate for each day upon which they are engaged:
(a) in or in connection with jetting or spraying of sheep, who either if they mix the poison or handle the nozzle; or
(b) in swabbing sheep for more than three days in any one week.
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
(a) A cook who is required to work for more than five and a half days in any one week will be paid, in addition to the weekly wage of this award, the following overtime rates:
(i) for work on six full days—an amount of 3/22nds of the appropriate weekly rate;
(ii) for work on six full days and one half day—an amount equal to 3/11ths of the appropriate weekly rate; or
(iii) for work on seven full days—an amount equal to 9/22nds of the appropriate weekly rate.
Given that cooks are classified as an FL1, should the words ‘appropriate weekly rate’ in clause Should these amounts also be expressed as percentages? |
(b) No overtime will be worked nor will an employee perform work on the employee’s day and/or half day off without the permission of or under the instructions of the employer or their authorised representative.
1. Overtime and penalty rates
This provision may be affected by AM2014/300 – see draft determination. |
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 |
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:
(a) the employee makes a claim to the employer or their authorised representative either within two weeks after the overtime is alleged to have been performed; or
(b) by the next date of payment of the employee’s wages,
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:
● apply and adhere to quarantine control procedures;
● clean and maintain protective footwear and clothing;
● clean and maintain administration and amenities buildings and associated fittings and equipment;
● maintain an adequate environment for the well-being of stock;
● clean accommodation pens, fittings and equipment;
● provide feed and water for stock;
● tend to routine husbandry of all stock;
● apply animal identification systems;
● move, draft and weigh stock;
● remove and dispose of effluent;
● dispose of deceased stock;
● mix and mill feed;
● care for sick or injured stock;
● maintain herd health status at an acceptable level;
● operate farm-related vehicles, plant, machinery and equipment (if appropriately licensed);
● detect oestrous and mate breeding stock;
● diagnose pregnancy in breeding stock;
● assist sows and piglets at farrowing;
● remove faulty or damaged equipment and fittings;
● install new or replacement equipment and fittings;
● maintain a recording system and interpret data;
● transport stock, feed and equipment (if appropriately licensed);
● maintain sheds, fixtures and fittings, fences and surrounds;
● maintain machinery and equipment; and
● perform other duties as required.
Piggery attendants at all levels including PA3 and above may additionally be required to:
● select replacement breeding stock;
● make decisions on drug usage;
● destroy sick or injured stock in a humane manner;
● conduct post mortem examinations of deceased stock;
● order stores and equipment; and
● perform other duties as required.
1.2 Piggery attendant level 1 (PA1)
(a) A piggery attendant level 1 (PA1) is:
● an employee undertaking up to 38 hours’ induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, farm layout, production program, work and record keeping procedures and occupational health and safety; or
● any person employed as general hand in a general capacity to perform basic tasks such as moving the stock from place to place, cleaning the establishment and the feeding of stock.
(b) An employee at this level:
● is generally a new recruit to the industry who performs simple or routine tasks essentially of a manual nature and to the level of their training;
● exercises minimal skills, knowledge and decision making;
● works under direct supervision, and is given regular direction or guidance and whose results are constantly monitored;
● is undertaking structured training so as to enable them to work at PA2 level; and
● after adequate instruction the employee, may be required to undertake any task(s) listed in clause 28.1.
1.3 Piggery attendant level 2 (PA2)
(a) A piggery attendant level 2 (PA2) is:
● an employee appointed by the employer to this level who has completed up to three months’ structured training so as to enable the employee to work within the scope of this level.
(b) An employee at this level:
● may have limited experience in the pig industry, and generally performs simple straightforward tasks, using well established techniques and practices in pig husbandry;
● exercises skills requiring some knowledge of established techniques and minimal routine decision making;
● works under frequent direct supervision and guidance;
● has work regularly inspected and the final result usually checked; and
● may be required to undertake any task(s) listed in clause 28.1.
1.4 Piggery attendant level 3 (PA3)
(a) A piggery attendant level 3 (PA3) is:
● an employee appointed by the employer to this level; and
● who performs a range of different but straightforward tasks using well established techniques and practices under routine supervision.
(b) An employee at this level:
● exercises skills requiring knowledge or relevant experience in piggery procedures and is required to make decisions within the employee’s knowledge and competence on day-to-day management of pigs;
● works under general supervision, is responsible for the quality of their own work and receives limited guidance relating to more unusual features or new tasks;
● may work individually or as part of a team, or may supervise the duties of employees at an equal or lower level;
● may be subject to routine performance checks; and
● may be required to undertake any task(s) listed in clause 28.1.
1.5 Piggery attendant level 4 (PA4)
(a) A piggery attendant level 4 (PA4) is:
● an employee appointed by the employer to this level; and
● who has completed a minimum of:
● one year of adult relevant experience in the industry;
● an accredited stockperson training course certificate; or
● equivalent formal training recognised by the employer, plus six months’ relevant adult experience in the industry.
(b) An employee at this level:
● performs a range of straightforward tasks using well established techniques and practices under limited supervision and is responsible for maintaining the quality and quantity of their work;
● exercises skills requiring sound knowledge of and experience in piggery procedures and requires instruction only on management decisions that vary from established practices and principles;
● exercises some individual judgment and initiative within established principles and practices;
● may work individually or as part of a team or may supervise the duties of employees at an equal or lower level;
● assists in the provision of on-the-job training to a limited degree; and
● may be required to undertake any task(s) listed in clause 28.1.
1.6 Piggery attendant level 5 (PA5)
(a) A piggery attendant level 5 (PA5) is:
● an employee appointed by the employer to this level who has completed a minimum of:
● two years’ adult relevant experience in the industry; or
● an accredited apprenticeship or equivalent formal training plus one year of relevant adult experience in the industry.
(b) An employee at this level:
● performs a range of tasks using well established techniques and practices under minimal supervision and is responsible for maintaining the quality and quantity of work undertaken individually or as part of a team;
● exercises skills requiring sound knowledge of and experience in piggery procedures and displays considerable individual judgment and initiative within established principles and practices;
● may work individually or as part of a team or may supervise and co-ordinate the duties of employees at an equal or lower level;
● understands and applies quality control techniques; and
● may be required to undertake any task(s) listed in clause 28.1.
1.7 Senior piggery attendant level 6 (PA6)
(a) A Senior piggery attendant level 6 (PA6) is:
● an employee appointed by the employer who has completed a minimum of:
● three years’ relevant adult experience in the industry; or
● an accredited traineeship or equivalent formal training plus two years’ relevant adult experience in the industry.
(b) An employee at this level:
● performs a range of tasks that may vary from established techniques and practices under minimal supervision and guidance and must be competent in all facets of duties required;
● may be required to work alone, lead work units and/or co-ordinate, supervise and/or train new employees;
● may require extensive individual judgment and initiative within established management guidelines;
● understands and applies quality control and assurance techniques;
● may supervise and/or train employees at all levels up to and including PA5; and
● may be required to undertake any task(s) listed in clause 28.1.
1.8 Senior piggery attendant level 7 (PA7)
(a) A Senior piggery attendant level 7 (PA7) is:
● an employee appointed by the employer who has completed a minimum of:
● three years’ adult experience in the pig breeding industry; and
● has completed the New South Wales Technical and Further Education Rural Trades Course or other Trades Certificate and/or course(s) accredited and recognised by the Pig Industry Training Council.
(b) An employee at this level:
● performs a range of tasks relating to the purchase, installation and programmed maintenance of plant, fittings and fixtures and mechanical, hydraulic or electrical equipment and machinery;
● exercises discretion within the scope of this level and the employee’s qualifications/training;
● provides trade guidance and assistance to levels PA5 and PA6 as part of a work team;
● works with minimal direction or supervision and is responsible for the quality of their own work;
● exercises trade skills relevant to the requirements of the level;
● co-ordinates and supervises non-trades employees within a work team; and
● may be required to undertake any task(s) listed in clause 28.1.
1. Minimum wages
1.1 Adult wages
The following wages apply to adult piggery attendants classified under clause 28—Classifications 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. |
(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
(b) Continuous work means work carried out:
(i) on consecutive shifts of employees;
(ii) over 24 hours a day;
(iii) for at least six consecutive days; and
(iv) without interruption, except during breakdowns, meal breaks or due to unavoidable causes beyond the control of the employer.
(c) Non-continuous work means work carried by a shiftworker who works on an afternoon or night shift which does not continue:
(i) for at least five successive afternoons or nights on a five day site or six successive afternoons or nights on a six day site; or
(ii) for at least the number of ordinary hours prescribed by one of the alternative arrangements in clauses 31.1(f)(ii) or (iii) of this award;
(d) Night shift means any shift finishing after midnight and at or before 8.00 am.
(e) Rostered shift means a shift of which the employee concerned has had at least 48 hours notice.
(f) Permanent night shift is where an employee who:
(i) during a period of engagement on shift, works night shift only; or
(ii) remains on night shift for a longer period than four consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one third of their working time off night shift in each shift cycle.
1.2 Ordinary hours and roster cycles—shiftworkers
(a) By agreement between the employer and the majority of employees concerned, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.
(b) The ordinary hours of shiftworkers will average 38 per week inclusive of crib time and must not exceed 152 hours in 28 consecutive days.
(c) If the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed a maximum of 26 weeks.
(d) In any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift, the arrangement of hours will be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned.
(e) Subject to clause 31.2(f), ordinary hours of work must not exceed 10 hours per shift inclusive of crib time.
(f) By agreement between the employer, the majority of employees in the work section or sections concerned and where an employee or employees nominate, ordinary hours not exceeding 12 on any day may be worked.
(g) Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.
(h) Breaks
(i) Continuous work
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.
(ii) Other than continuous work
Shiftworkers who are not engaged in continuous work as defined in clause 31.1(b):
● will work ordinary hours continuously except for meal breaks at the discretion of the employer; and
● must not be required to work for more than five hours without a break for a meal.
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
(a) Subject to clause 31.2 the method of working shifts may in any case be varied by agreement between the employer and the majority of employees concerned.
(b) The time of commencing and finishing shifts once having been determined may be varied:
(i) by agreement between the employer and the majority of employees concerned to suit the circumstances of the establishment; or
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 |
1. Items agreed or not opposed
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:
| 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 | 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(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. | 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. | 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 | 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 | 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 MAclearer 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 | Agree with AWU’s Sub -17/04/16 at para [18]. | ||||||||||
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 |
| Para 22 | |||||||||
Reply-sub-05/05/2016 |
| Para 32, 76, 86 | ||||||||||
ABI&NSWBC | Reply-sub-06/05/16 |
| Para 19.3 | |||||||||
NFF | Further-sub-16/06/16 |
| ||||||||||
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 | Sub-14/04/16 | 40.3(c) | Special crutching rates Reference to clause 40.3 should be amended to cl.40.3(a). | Para 95 | Ed amended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Agrees with NFF | Para 48 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed. | ||||||||||
81. | NFF | Sub-14/04/16 | 40.4 | Rates for Shed hands Reference to ‘Shed hands’ should all be in lower case. [Example in submission] | Para 96 | ED amended throughout, see transcript PN35 | A | |||||
AWU | Reply-sub-05/05/16 | Note NFF concerns re inappropriate use of capitals, however reference should remain as capital letter is used in cl/ 39. | Para 49 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed. | ||||||||||
82. | AWU | Sub -17/04/16 | 40.5(g) | Rates for Woolpressers Correct cross-reference at end of this clause is 40.5 (a). | Para 43 | Ed amended, see transcript PN35 | A | |||||
NFF | Reply-sub-5/05/16 | Agree with AWU | Para 37 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
83. | NFF | Sub-14/04/16 | 40.9(f) | Woolclassers allowances formula Clause should make clear allowances payable to woolclassers are built into their weekly rate and not payable in addition to woolclassers’ rate – reference to Schedule A may assist. | Para 97 | The parties agreed to submit proposed wording within seven days of the 4 July 2016 conference, as no proposed wording was received by the Commission, ED amended to incorporate wording proposed in AWU reply submission of 5 May 2016. See transcript PN41–51 | A | |||||
AWU | Reply-sub-5/05/16 | Noting NFF’s concern, AWU proposes preamble sentence be amended to: “Allowances included in the Woolclassers’ weekly rate are calculated in accordance with the following formula…” | Para 50 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed subject to wording. | ||||||||||
85. | AWU | Sub-17/04/16 | 41.2 | Special allowances (other than Woolclassers and Shearing shed experts) Wording in cl 46.2 of MA clearer, should be retained. | Para 44 | ED amended to incorporate wording proposed in NFF submission of 8 July 2016. | A | |||||
NFF | Reply-sub-5/05/16 | Agree with AWU, % should be retained | Para 38 | |||||||||
BusSA | Reply-sub-6/05/16 | Agree with AWU | 11.29 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
NFF | Further-sub-08/07/16 | Proposed wording in submission. [Note submission refers to Item 84 in error] | ||||||||||
87. | NFF | Sub-14/04/16 | 43.2 | Alteration of starting times Title should be removed as subclause (c) does not deal with starting times, and minor amendments made to assist with drafting of clause. [Proposed wording in submission.] | Paras 101–102 | EDamended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Agree with NFF’s amendment | Para 53 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
88. | NFF | Sub-14/04/16 | 44.2(b) | Where there is a joint mess Reference to ‘payable’ should be removed. | Para 103 | ED amended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Agrees with NFF’s amendment | Para 54 | |||||||||
BusSA | Reply-sub-6/05/16 | Agrees with NFF | 11.31 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed. | ||||||||||
89. | NFF | Sub-14/04/16 | 44.7(b) | Allotment of stands ‘Subject to clause 44.7(a)’ should be inserted at the beginning of the clause. | Para 104 | ED amended, see transcript PN35 | A | |||||
AWU | Sub-17/04/16 | words ‘subject to the foregoing’ should be retained because they clarify that stands allocated to a ‘learner shearer’ can be excluded from drawing of lots. | Para 45 | |||||||||
BusSA | Reply-sub-6/05/16 | Agrees with AWU and NFF | 11.32 | |||||||||
NFF | Reply-sub-5/05/16 | Notes AWU submission, prefers NFF wording | Para 39 | |||||||||
AWU | Reply-sub-5/05/16 | Notes NFF’s submission is consistent with para 45 of AWU Sub -17/04/2016 | Para 55 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed subject to wording. | ||||||||||
90. | NFF | Sub-14/04/16 | 45.1 | Hours of work and overtime rates for Shed hands and Woolpresser-shed hands Minor amendments proposed to assist with readability of clause. [Proposed wording in submission.] | Paras 105 | ED amended, parties to comment on amendment, see transcript PN532–538 | A | |||||
BusSA | Reply-sub-06/05/16 | Agree with NFF | 11.33 | |||||||||
AWU | Reply-sub-05/05/16 | Disagree proposed amendments would make ED clearer. | Para 56 | |||||||||
NFF | Further-sub-16/06/16 | Not agreed | ||||||||||
91. | NFF | Sub-14/04/16 | 45.5 | Hours of work and overtime rates for Shed hands and Woolpresser-shed hands Replace ‘the’ with ‘all’. [Proposed wording in submission.] | Para 106 | ED amended, see transcript PN35 | A | |||||
BusSA | Reply-sub-6/05/16 | Agree with NFF | 11.33 | |||||||||
AWU | Reply-sub-5/05/16 | Not opposed to NFF’s amendment | Para 53 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
92. | NFF | Sub-14/04/16 | 46.1(b) | Payment for public holidays Should clause 46.1(b) also apply to Woolpresser-shed hands? Description of shed hands in cl.46.1(b) also applies to Woolpresser-shed hands. | Para 107 | ED amended, comment deleted, see transcript PN35 | A | |||||
BusSA | Sub-15/04/16 | Current clause appears appropriate. Clause 39.1 lists possible employment categories and there is no distinction between ‘shed hand’ and ‘woolpresser-shed hand’. Clause 39.2 details general shed hands and woolpresser-shed hands as performing substantially the same functions. | Para 11.2.13 | |||||||||
AWU | Sub-17/04/16 | Clause should also refer to Woolpresser and shed-hands. | Para 46 | |||||||||
Reply-sub-5/05/16 | AWU submission aligns with NFF and BusSA | Para 58, 91 | ||||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed. | ||||||||||
93. | NFF | Sub-14/04/16 | 46.1(c) | Payment for public holidays Clause significantly increases public holiday rate of pay for shearing shed experts. Rate should be 2.6% of appropriate minimum hourly rate (not 20% of appropriate minimum weekly rate). | Para 108 | ED amended, see transcript PN54, 58–61 | A | |||||
AWU | Sub-17/04/16 | The reference to 1/38th of appropriate minimum weekly rate in cl 51.1 (c) of MA has been changed to 20% of the weekly rate per hour. This seems reasonable on a merit level but perhaps extends beyond the scope of redrafting process. | Para 47 | |||||||||
NFF | Reply-Sub-05/05/16 | Relies on Sub-14/04/16 | Para 40 | |||||||||
AWU | Reply-sub-05/05/16 | AWU notes both NFF, submits NFF’s proposal to insert reference to 2.6% involves opportunistic rounding, more accurate percentage would be 2.63% | Para 59 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
94. | NFF | Sub-14/04/16 | A.1 | Rates for Shearers – if not found employee Heading ‘Rates for flock sheep (wethers, ewes and lambs)’ should be carried over from clause 45.1 of current MA. Further minor amendments proposed to improve readability of clause. [Proposed wording and examples in submission.] | Paras 109–110 | ED amended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Does not oppose NFF’s proposal to insert ‘Rates for flock sheep (wethers, ewes and lambs)’ | Para 60 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
96. | NFF | Sub-14/04/16 | A.4 | Woolpresser’s formula References to ‘per week’ should be removed. [Examples in submission.] | Para 113 | ED amended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Agree with NFF’s proposed amendments | Para 62 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
98. | NFF | Sub-14/04/16 | B.2.3 | Full-time and part-time adult station cooks – additional overtime rates Keep is provided free of charge to station cooks and reference to the deduction of keep should be deleted. | Para 115 | See also item 99 ED amended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Agree with NFF’s amendment ‘with keep’ should be deleted. | Para 64 | |||||||||
BusSA | Reply-sub-6/05/16 | Agree with NFF | 11.35 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
99. | NFF | Sub-14/04/16 | B.3.3 | Full-time and part time junior station cooks – additional overtime rates Keep is provided free of charge to station cooks and reference to deduction of keep should be deleted. | Para 116 | See also item 98 ED amended, see transcript PN35 | A | |||||
AWU | Reply-sub-5/05/16 | Agree with NFF’s amendment ‘with keep’ should be deleted. | Para 65 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
100. | NFF | Sub-14/04/16 | B.4 | Pig Breeding and Raising – Piggery attendant employees May be appropriate to consider inserting junior rates for Piggery operations for consistency with other parts of award. | Para 117 | ED amended to insert rates (effective 1 July 2016), see transcript PN35 | A | |||||
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 | ||||||||||
110. | NFF | Sub-14/04/16 | C.1 | Wage related allowances Leading hand allowances should be corrected as follows: (a) 11 to 20 employees: $33.98 (b) More than 20 employees: $42.70 | Para 123 | ED amended, see transcript PN35 | A | |||||
AWU | Reply-sub-05/05/16 | Agree that leading hand rates from clause 10.1(b) have not been accurately reflected in table. | Para 69 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed | ||||||||||
112. | NFF | Sub-14/04/16 | Sched E | National Training Wage 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 Changes to Commonwealth vocational education and training model necessitate updating of language in relation to training packages – definition of ‘training’ and ‘training package’ should be amended as suggested. [Proposed wording in submission.] | Paras 126–129 | To be considered as part of broader review of NTW Schedule , see transcript PN62–63 | A | |||||
NFF | Corro-30/05/16 | Seek to correct comments made in paragraph 129 of Sub-14/04/16 – ‘The Agri-Food, Amenity Horticulture, Conservation and Land Management and Rural Production training packages are listed in the exposure drafts as separate training packages under Wage Level C. They have in fact been consolidated into one training package titled ‘Agriculture, Horticulture and Conservation and Land Management’.’ | ||||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed noting discussion in other agricultural awards. | ||||||||||
114. | NFF | Sub-14/04/16 | Sched G | Definitions and interpretation
Reference to ‘Shearing shed’ in definition of ‘woolclasser’ should be lower case, not a defined term. [Proposed wording in submission.] | Paras 131 and 133 | ED amended so that the reference to ‘Shearing shed’ is lowercase. Claim in relation to ‘All purposes’ is withdrawn, refer to transcript PN66–72 | A | |||||
AWU | Reply-sub-5/05/16 |
| Para 71 | |||||||||
NFF | Further-sub-16/06/16 | Withdrawn in relation to ‘all purposes’ definition. Maintain that the reference to ‘Shearing shed’ should be amended to lower case. | ||||||||||
117. | BusSA | Sub-15/04/16 | Sched G | Definitions and interpretation Parties are asked to clarify if ‘keep’ only applies to farm and livestock hands in accordance with clause 24.3 or does the provision in clause 10.2(g) apply to other employees? If it applies to shearing operations, how does it interact with the definition ‘found employees? ‘Keep’ only applies to farm and livestock hands. Reference to ‘keep’ is specific to Part 5 (Part 8 does not have a like reference). Allowances in part are specific to that part unless otherwise stated. | Para 11.2.14 | See also item 42 The parties confirmed that the | A | |||||
AWU | Reply-sub-5/05/16 | The “keep” provisions do not apply to employees covered by Part 8 – Shearing Operations. The “found” provisions apply to these employees. | Para 92 | |||||||||
NFF | Further-sub-16/06/16 | Likely to be agreed |
2. Items determined by or before another Full Bench and items withdrawn
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22. | NFF | Sub-14/04/16 | 10 | Allowances New opening sentence states the obvious and not required. | Para 39 | This wording is used in all EDs | F | |
AWU | Reply-sub-5/05/16 | Disagrees with NFF. New sentence helpful and should be retained. | ||||||
NFF | Further-sub-16/06/16 | Not agreed | ||||||
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32. | AWU | Sub-17/04/16 | 14 | Annual leave Notes a number of provisions may be affected by finalisation of annual leave common proceedings. | Para 15 | F | ||
NFF | Further-sub-16/06/16 | Matter for the AM2014/47 Full Bench. | ||||||
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36. | AWU | Sub-17/04/16 | 14.8 | Proportionate leave on termination Should be amended to include “(including annual leave loadings or penalty rates as per clause 14.4)” to ensure compliance with s.90(2) FW Act. | Para 17 | Issue being considered by Annual Leave Full bench in AM2014/47 – see [2015] FWCFB 3406 at paras 416–429 | F | |
NFF | Reply-Sub-05/05/16 | Disagrees with AWU. Contends matter is being dealt with by annual leave common issue. | Para 20 | |||||
BusSA | Reply-sub-06/0/16 | Disagrees with AWU. The proposed wording can be interpreted too broadly. | 11.15, 11.39 | |||||
NFF | Further-sub-16/06/16 | Matter for the AM2014/47 Full Bench. | ||||||
38. | NFF | Sub-14/04/16 | 18.4 | Part-day public holidays Reference to Schedule F should be updated or deleted. | Para 52 | Provision may be affected by AM2014/301 Exposure draft amended See also item 113 | F | |
NFF | Further-sub-16/06/16 | Schedule F should be updated pursuant to PR580863. | ||||||
47. | AWU | Sub-10/12/15 | 27.3 | 31.4 | Time off instead of payment for overtime Seeks deletion of TOIL provision as may have no effect due to s.326 FW Act | Paras 3–13 | Pending outcome of AM2014/300 | F |
AWU | Sub-17/04/16 | Affected by the Award Flexibility proceedings. AWU and NFF are in ongoing discussions about model TOIL term. | Para 24 | |||||
NFF | Further-sub-16/06/16 | Pending outcome of AM2014/300 | ||||||
AWU | Sub-17/04/16 | 27.4 | Contrary to requirement in s.323 for work to be paid for in full subject to permitted and reasonable deductions. | Para 25 | ||||
NFF | Reply-Sub-05/05/2016 | Disagrees with AWU, would be substantive change. | Para 26 | |||||
BusSA | Reply-sub-6/05/16 | Disagrees with AWU. Cl 27.4 serves important function in award. Deletion would be substantive change. | 11.19, 11.40 | |||||
ABI& NSWBC | Reply-sub-6/05/16 | ABI and NSWBC do not agree with AWU. If the Commission removes provision on basis of inconsistency with s.323, the provision should be replaced with clause requiring employees to notify a claim for overtime or time off in lieu within current timeframes listed in clause 27.4. | Para 19.4 | |||||
NFF | Further-sub-16/06/16 | Not agreed | ||||||
52. | AWU | Sub-17/04/16 | 30.2 | Ordinary hours of work Should be amended to make reference to ordinary hours and that the employee is paid the full weekly rate for that week. [Proposed wording in submission] | Para 27 | Tentatively withdrawn. The NFF and AWU are to engage in further discussions. Refer to transcript PN466–479. | W | |
NFF | Reply-Sub-05/05/16 | Contends AWU’s proposed wording would change meaning of clause. ED should be unchanged. | ||||||
AWU | Reply-sub-05/05/16 | Prefers AWU amendment | ||||||
NFF | Further-sub-16/06/16 | Not agreed | ||||||
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71. | AWU | Sub-17/04/16 | 38.1(c) | Overtime Party still in discussions with NFF about potential insertion of model TOIL provision. | Para 40 | Subject of AM2014/300 | F | |
NFF | Further-sub-16/06/16 | Matter for AM2014/300 Full Bench. | ||||||
73. | AWU | Sub-13/03/15 | 39.5 | 44.4(b) | Insertion of employment conditions for learners. | Para 2 | Determined by Full Bench in AM2015/23 | F |
SCAA | Sub-04/03/16 | Concerned with practicalities of AWU’s proposal. In favour of initiatives to attract and retain labour to shearing industry but does not regard award as appropriate instrument for what is essentially an ‘attraction’ and ‘retention’ strategy. [Proposed wording in submission.] | Para 6-13 | |||||
NFF | Sub-04/03/16 | Party submits following proposed terms are about permitted parts: (a) term which define “learner shearer”; and (b) terms which provide a guaranteed minimum rate of pay for learner shearers. Terms which restrict the use of stands in a shed to learner shearers are not terms about permitted matters. | Para 11-45 | Proposed wording in submission. | ||||
NFF | Further-sub-16/06/16 | Matter for Pastoral Award 2010 – substantive issues (AM2015/23) Full Bench. | ||||||
BusSA | Submission - learner shearers - draft determination-15/07/16 | Submitted wording in clause 44.4(b)(ii) of the draft variation determination set out in Attachment 2 to the decision5 issued 8 July 2016 has the potential to be interpreted inconsistently and that the clause should be clarified before it is incorporated into the Pastoral Award. | Business SA (and any other interested party) is to file a further submission proposing alternative wording to that proposed in the draft variation determination set out in Attachment 2 to the decision 6 issued 8 July 2016 by 4.00pm Friday 2 September 2016 | |||||
74. | NFF | Sub-02/03/15 | 40 | 45 | Woolclassers’ formula Seeks to clarify the method for calculating the Woolclassers’ formula. | para 4(b) | Determined by Full Bench in AM2015/23 | F |
75. | NFF | Sub-02/03/15 | 40 | 45 | Rate for crutching stud ewes Seek to clarify the method for calculating the rate for crutching stud ewes. | para 4(c) | Determined by Full Bench in AM2015/23 | F |
76. | AWU | Sub-13/03/15 | 40 | 45 | Rate for crutching stud sheep and rams Seek insertion of higher rates for crutching stud sheep and rams. | para 2 | Determined by Full Bench in AM2015/23 | F |
97. | NFF | Sub-14/04/16 | B.1 | Ordinary hourly rate Definition should be amended as suggested if ‘all purpose allowance’ is to be a defined term | Para 114 | Proposed wording in submission. Standard wording used in ED as per Full bench decision [2015] FWCFB 4658. | F | |
AWU | Reply-sub-5/05/16 | Does not agree with NFF’s amendment. ED reflects approach adopted across numerous other EDs. | Para 35 | |||||
BusSA | Reply-sub-6/05/16 | Agree with NFF | 11.34 | |||||
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105. | AWU | Sub -17/04/16 | B.5 and B.6 | Poultry Farming—poultry farm worker adult and junior employees Casual overtime rates should be included in the ED given these are often contentious. | Para 53 | May be subject of AM2014/197—Casual employment Full Bench | F | |
NFF | Further-sub-16/06/16 | Not agreed as could potentially be misleading. | ||||||
113. | NFF | Sub-14/04/16 | Sched F | 2015 Part-day Public Holidays Notes clause likely to be revised following proceedings in AM2014/301. | Para 130 | Provision may be affected by AM2014/301 See also item 38 Exposure draft amended | F | |
NFF | Further-sub-16/06/16 | Clause should be updated pursuant to PR580863 | ||||||
115. | NFF | Sub-02/03/15 | Sched G | 3 | Definitions Amend definition of ‘broadacre field crops’ to reflect generic crop descriptors rather than to specific crops. | para 4(a) | Determined by Full Bench in AM2015/23 | F |
119. | NFF | Sub-02/03/15 | New clause | Insertan annual salaries provision. | para 4(d) | Considered by Full Bench in AM2015/23 | F | |
NFF | Further-sub-16/06/16 | Referred to AM2015/23 Full Bench |
List of abbreviations (in alphabetical order)
Act | Fair Work Act 2009 |
ABI&NSWBC | Australian Business Industrial and the NSW Business Chamber |
AFEI | Australian Federation of Employers and Industries |
AWU | The Australian Workers’ Union |
BusSA | Business SA |
ED | Exposure Draft of Pastoral Award 2016 |
FWC | Fair Work Commission |
FWO | Fair Work Ombudsman |
MA | Modern Award |
NFF | National Farmers’ Federation |
SCAA | Shearing Contractors’ Association of Australia |
1 [2015] FWCFB 8810
2 See Statement [2016] FWC 3520
3 [2016] FWCFB 4393
4 [2016] FWC 4495
5 [2016] FWCFB 4393
6
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[2016] FWCFB 4393
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