AN120408 – Pastoral Employees (State) Award

FAIR WORK AUSTRALIA CONSOLIDATION

This Fair Work Australia consolidated award reproduces the former State award Pastoral Employees (State) Award as at 27 March 2006.

About this Award:
Formerly award 519, Serial C0559, of the Industrial Relations Commission of New South Wales.

This award incorporates Serial C5611 (operative on and from 19 December 2005).

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

AN120408 [Notional FWA Consolidation]

(519) SERIAL C0559

PASTORAL EMPLOYEES (STATE) AWARD

PART A
1. ARRANGEMENT

2. DEFINITIONS

Hereinafter, for the purpose of this award, unless the contrary intention appears:

"Commission" means the Industrial Relations Commission of New South Wales.

"Commissioner" means the Industrial Relations Commission of New South Wales constituted by a Commissioner.

"Crutching" includes all the operations for which rates are prescribed in clause 11, Rates for Crutching, and the meanings of the words "crutch", "Crutcher" and "Crutched" are similarly extended.

"Domestic Cook" includes any cook who cooks for less than four station hands, other than a cook himself/herself, and any cook who cooks for less than six employees engaged for shearing or crutching operations.

"Domestic Servant" means any employee who works mainly for the owner's or manager's household and includes domestic cooks as defined.

"Shearing Cook" means a cook who regularly follows the occupation of shearing cook and who cooks for six or more employees who are engaged for shearing or crutching operations.

"Station Hand" means any employee, to whom the award applies, including station cooks, excepting employees engaged for shearing or crutching operations to whom Section I - Employees Other Than Station Hands, applies. "Union" means The Australian Workers' Union, New South Wales Branch. Words importing the masculine gender shall include the feminine. Words in the singular shall include the plural and words in the plural shall include the singular.

3. STATION HANDS EMPLOYED AT SHEARING OR CRUTCHING

Notwithstanding anything else contained in this award, Section I - Employees Other Than Station Hands, shall not apply to any employee engaged by the employer to work on a weekly basis under Section II - Station Hands, during any time the employee is employed in shearing or crutching operations of that employer.

However, this clause shall not apply to any station hand engaged by the week who works in the employer's shearing shed during the period commencing one week before the actual shearing or crutching begins and who is discharged during the week after shearing or crutching actually ends.

In such case, the employee shall be paid station hand rates when performing work covered by the said Section II and shearing rates when performing work covered by the said Section I.

SECTION I - EMPLOYEES OTHER THAN STATION HANDS
4. ENGAGEMENT AND CONTRACTS OF SHEARERS, ETC.

(a) Before the commencement of work for which an employee within this section of the award has been engaged, the employer and the employee shall sign a written agreement in the terms of or to the effect of the provisions of the agreement in Schedule "A" - Agreements, appropriate to the employee's classification. Failure to sign such agreement before the commencement of work shall be a breach of this award by both the employer and the employee.

(b) An employee shall, upon being required to do so, sign an agreement in accordance with this clause at any time prior to the commencement of the work for which the employee has been engaged. If a copy of the agreement is not subject by law to any stamp or other duty or tax, the employer shall provide the employee with a copy free of charge.

(c) The terms and conditions of this award and of the form of agreement in Schedule "A" appropriate to the classification of an employee shall apply to the employment of an employee and shall be binding upon the employer and employee.

(d) The employer and employee shall observe and comply with the terms and conditions of the employment binding upon the employer and the employee under subclause (c) of this clause. Failure to do so shall be a breach of this award, but this subclause shall not prejudicially affect the ordinary civil rights and remedies of the employer and the employee in respect of any breach of contract.

(e) The minimum rates to be paid by employers to employees under any such agreement shall be those prescribed in this award.

(f) In all agreements of employment the maximum number of sheep specified shall not exceed the minimum number specified by more than one-fourth of the minimum specified.

(g) The employer, at his/her option, shall engage the employee at either "found" or "not found" rates of pay.

(h) This clause shall not apply to a cook who is to work solely for "not found" employees.

5. AWARD MODERNISATION

(a) The parties to this award are committed to continual negotiations to modernise the award and ensure it meets Commission principles.

(b) In particular, the parties are committed to negotiations on award restructuring and the areas to be considered shall include, but not be limited to, the following:

(i) Establishing skill related career paths, which provide an incentive for workers to continue to participate in skill formation.

(ii) Eliminating impediments to multi-skilling and broadening the range of tasks, which a worker may be required to perform.

(iii) Creating appropriate relativities between different categories of workers within the award and at enterprise level.

(iv) Ensuring that working patterns and arrangements enhance flexibility and the efficiency of the industry.

(v) Including properly fixed minimum rates for classifications in awards, related approximately to one another, with any amounts in excess of these properly fixed minimum rates being expressed as supplementary payments.

(vi) Updating and/or rationalising the list of respondents to awards.

(vii) Addressing any cases where award provisions discriminate against sections of the workforce.

6. EMPLOYEE ENGAGED FOR RUN OF SHEDS

When an employee, who has agreed with the one employer to work at a number of sheds successively in connection with shearing or crutching operations, fails to present themself for work at one of the sheds on the day and at the time appointed, or abandons work or commits any other breach of the agreement in respect of work at such shed such as entitles the employer to determine employment there, the employer may elect to determine employment and to treat all agreements or other arrangements for the sheds not yet worked as being no longer binding upon the employer. Provided that if the employer does so elect, the employer must do so forthwith and if the whereabouts of the employee are known the employer must promptly notify the employee of such election.

7. CONTRACTORS AND OTHERS

No principal shall enter into any contract for the carrying on of any work mentioned in subclause (a) of clause 11, Rates for Crutching, with any contractor unless the contract with such contractor contains clauses:

(a) binding the contractor to pay employees the rates and to observe the conditions set out in this award in respect of such work;

(b) entitling the principal to terminate the contract in the event of failure by the contractor to pay such rates or observe such conditions; and

(c) binding the principal to assume responsibility to the extent of any moneys due by them to the contractor for the payment of all wages due by the contractor to employees for such work.

8. SHED REPRESENTATIVE AND CONSULTATIVE MECHANISM

(a) In respect of any shearing or crutching operation conducted pursuant to this award, the employees engaged for that operation may, either prior to the commencement of that operation or at smoko on the first day fixed for operations, elect one of their number to be the representative of all the employees engaged in that operation for the following purposes:

(i) In respect of negotiations between the employer and employees;

(ii) in respect of observance of the provisions of the award; and

(iii) in respect of consultations and negotiations with the employer on matters concerning efficiency and productivity.

However, the election of such representative under this clause shall not affect the rights or obligations of the union to represent the interests of the employees as provided for in this award or pursuant to the Industrial Relations Act 1996.

(b) If the shed representative should vacate office or become unavailable for the residue of the anticipated period of operations, the employees may elect another of their number to perform the functions referred to in subclause (a) of this clause.

9. EMPLOYMENT OF SHED HAND OR WOOLPRESSER-SHED HAND

(a) When an employer agrees with a person to employ that person as a shed hand or woolpresser- shed hand (combined duties) to commence work at a shed on a specified date, the employer shall, subject to this award, pay the employee at the rates as set out in Part B, Monetary Rates, from such specified date to the end of the day upon which the shearing (or crutching) ceases, always provided that such person:

(i) attends the shed and is ready, willing and able to work at all times; and

(ii) works as a general useful hand in or about the shed if required to do so by the employer during such runs when shearing (or crutching) is taking place and also during periods for which any payment is made in accordance with this award when shearing (or crutching) may not be taking place.

(b) Shed hands and woolpressers and/or shed hand-woolpressers (combined duties) shall be paid by the run, provided that:

(i) On any day on which the employer attends for duty the employee shall be guaranteed a minimum daily payment for two runs.

(ii) Further, if sheep are voted wet at the commencement of the third or fourth run, then they shall be paid for all completed runs on that day together with the run due to commence or partly completed at the time sheep are voted wet.

(iii) The minimum payment of two runs per day prescribed herein shall not apply where an employee is not required to attend for work because of wet weather, provided that the employee is advised on each preceding day that the employee shall not be required to attend, or is advised by the employer of a starting time more than 24 hours hence.

(c) When employees have mixed functions (e.g., as woolpresser and shed hand) they shall be treated, for the purposes of calculating their pay, as if they were employed only to perform such of their functions as carry the higher minimum rate under this award.

(d) Woolpresser-shed hands and shed hands shall weigh, brand, stack and carry wool to the press without extra payment.

(e) An employer may direct a shed hand to carry out the duties of a woolpresser, provided that:

(i) the employee shall only be required to perform those duties of woolpresser that are within the limits of that employee's skill, competence and training; and

(ii) the performance of such duties does not involve either an alteration to the employee's classification or a major and substantial change in the duties normally performed by the employee; and

(iii) such a direction shall be given only in the pursuit of the efficient conduct of a shearing or crutching operation in circumstances of unavailability of a contracted woolpresser for a limited period.

10. RATES FOR SHEARERS

(a) The minimum rates for shearing shall be, if "not found":

(i) For flock sheep (wethers, ewes and lambs) by machine - the amount per 100 as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates. Provided that where employees provide their own handpiece the rate shall be the amount per 100 as set out in the said Table 1.

(ii) For rams (other than special stud rams) and ram stags - double the rate for flock sheep.

(iii) For stud ewes and their lambs - one and one-quarter times the rate for flock sheep.

(iv) For double-fleeced sheep - one and one-third times the rate prescribed appropriate to the class of sheep.

(v) For hand shearing - 7.5 per cent additional to the rate for each class of sheep

(vi) If shearers are required to provide their own stud combs they shall be paid 25 per cent additional to the rate for each class of sheep.

(vii) For special stud - as agreed.

If "found":

(viii) The rates prescribed above, less the amount per day as set in Table 1.

(ix) Engaged by the day - The amount as set out in Table 1.

(b) For the purpose of this clause:

"Rams" means rams over six months old.

"Rams Stags" means rams, which have been castrated after they have attained 18 months.

"Stud Ewes" means ewes with tags in their ears and from which rams are bred for sale or station use, but the term does not include ewes of the flock which have tags in their ears for the purpose of identification other than for stud purposes.

"Double-fleeced" means a sheep carrying two years' fleece.

11. RATES FOR CRUTCHING

The minimum rates for crutching at sheds shall be:

(a) Piecework rates - If "not found", classification and their respective rates as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

A crutcher who supplies and uses their own handpieces in crutching operation, in addition to the payment per 100 contained in this clause, shall be paid a further amount per 100 sheep crutched as set out in the said Table 1 for such supply and use of their own handpiece.

For purposes of this clause "rams", "rams stags" and "stud ewes" shall have the meaning given to them respectively in subclause (b) of clause 10, Rates for Shearers.

(b) Piecework rates - If "found", the rates prescribed in subclause (a) of this clause less an amount as set in the said Table 1.

(c) Per day - If the engagement is per day, the rates payable are as set out in Table 1.

12. RATES FOR SHED HANDS

The minimum rates for shed hands and generally useful hands for shearing or crutching shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

13. RATES FOR WOOLPRESSERS

(a) The minimum rates to be paid for woolpressing by employees engaged at piecework rates shall be:

If "not found":

(i) For pressing - the amount as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

(ii) For weighing and branding bales - an extra amount as set in the said Table 1.

(iii) For stacking bales, that is, placing one bale on top of another - an additional rate to be agreed mutually.

(iv) If the total sum, which the woolpresser would receive, amounts to less than the amount as set out in paragraph (i) of this subclause, the employer shall pay the deficiency to the employee.

If "found":

(v) The abovementioned rates less the amount per week as set out in the said Table 1.

(b) Woolpressers engaged at piecework rates shall, for all wool pressed by them, be paid wholly per bale or wholly per kg and shall, as to greasy wool paid per kg, be paid as for an average of 140 kg per bale if the bales pressed average less than that weight.

(c) The minimum rates to be paid for woolpressing by the employees engaged at timework rates shall be as set out in Table 1.

However, where woolpressers engaged at timework rates would have earned more at a particular shearing than the weekly minimum calculation (by multiplying the per run rate by the number of runs they would have been paid for) if they had been engaged at piecework rates, then they shall be paid off at the piecework rates pursuant to paragraph (i) of subclause (a) of this clause.

14. RATES FOR SHEARING COOKS

(a) The minimum rates to be paid to employees for acting as cook in connection with shearing or crutching operations shall be an amount as set out in Table 1 - Rates of Pay, of Part B - Monetary Rates, per day "found" for every employee excepting himself/herself for whom the employee cooks. However, if the total amount which the cook would receive under this subclause for the term of their employment amounts to less than the amount as set out in the said Table 1 per day "found" for himself/herself, after paying the necessary offsiders, the employer shall pay the deficiency to the employee.

(b) Where a separate table is kept for the staff and the cook or his/her offsider has to take the meals to such table, the employee shall receive an additional payment per week of one- quarter of the rate, for each person of the separate table for whom the employee cooks.

15. SMOKE-OH LUNCHES

(a) Where the shearing shed is within 229 metres' walking distance from the kitchen, smoke-oh lunches are to be held in the shed except:

(i) where an offsider is employed; or

(ii) in the case of a cook of a mess of ten men or less.

16. HOURS OF WORK OF SHEARING EMPLOYEES

Shearers and Crutchers

(a) Subject to subclauses (b) and (c) of this clause, the ordinary working hours of shearers and crutchers shall be 40 per week, and shall be worked in two-hour runs between the hours of 7.30 a.m. and 9.30 a.m.; 10.00 a.m. and noon; 1.00 p.m. and 3.00 p.m.; 3.30 p.m. and 5.30 p.m.; on Monday to Friday inclusive or such other hours, not exceeding eight on any day from Monday to Friday inclusive, as may be agreed between the employer and a majority of the shearers or crutchers at any particular shed. Provided that in the event of the majority of the shearers or crutchers failing to agree to the substitution of some other hours in place of such ordinary working hours, for the purpose of ensuring against a failure of sufficient daylight to complete the eight hours of the working time during the months of May, June, July and August on working days, the employer may, after informing the employees on each occasion of the intention to do so and of the extent of the advancement, advance the clock to an extent not exceeding one half-hour in a day, whereupon the hours of the runs shall be taken from the clock so advanced so that the length of each run shall be of two hours as above prescribed.

But:

(i) Where the tail end of a mob of ewes with lambs or unweaned lambs are in the pens at 5.30 p.m. on Friday, awaiting shearing (or crutching), the shearing (or crutching) may, at the option of the employer, be continued for not more than half an hour, but so far only as may be necessary for the purpose of shearing (or crutching) the said ewes and/or lambs.

(ii) If not more than three sheep per employee are left in the pens at 5.30 p.m. on Friday, they may, at the option of the employer, be shorn (or crutched) then for the purpose of cutting out a particular flock.

(iii) If on the day of the cut-out, there remains in the pens after the last run of the day such number of sheep as could be ordinarily shorn (or crutched) in 30 minutes, the shearing (or crutching), at the option of the employer, may be continued until such sheep are shorn (or crutched).

(b) Where a shearer or crutcher has not completed 40 hours work during the preceding week, or eight hours per day if the shearing commenced later in the week, by reason of the fact that, pursuant to clause 40, Wet Sheep, sheep presented for shearing or crutching are voted wet or, pursuant to clause 32 Provision of Sheep, sheep are not presented for shearing or crutching because of rain or sweating, a shearer or crutcher may be required by the employer to work on a Saturday and/or Sunday immediately succeeding the week in which work could not be performed for the above reasons, only provided that -

(i) No shearer or crutcher shall be required to do work unless the shearer or crutcher has, prior to engagement or the commencement of the shearing or crutching operation, signified on his/her clause 4, Engagement and Contracts of Shearers, etc., agreement that the employee is willing to work Saturday and/or Sunday in accordance with this subclause.

(ii) Any work performed on a Saturday or a Sunday pursuant to this subclause must be performed in accordance with the run schedules prescribed for work during the week pursuant to subclause (a) of this clause.

(iii) Any work performed on a weekend pursuant to this subclause must be performed from the commencement of the first available run after the condition of the sheep permits their shearing or crutching; except that, by agreement between the employer and the employee, another or other mutually convenient run or runs available on that weekend may be substituted.

(iv) Such work on Saturday and/or Sunday will only replace the time lost during the preceding week.

(v) The employer shall give the shearer or crutcher who has signified his/her willingness to work the weekend reasonable notice, as specified in the said clause 4 agreement, of the requirement for the performance of work on any such weekend pursuant to this subclause.

(vi) Nothing in this subclause derogates from the operation of the said clauses 32 and 40.

(vii) In this subclause "week" means Monday to Friday, "weekend" means Saturday and/or Sunday and clause 4 agreement is the agreement required by clause 4, Engagement and Contracts of Shearers, etc., read in conjunction with Schedule "A" - Agreements.

(c) A signal shall be given three minutes (one minute in the case of crutching) before the end of each run, and no shearer (or crutcher) shall catch another sheep during that run after such signal has been given.

(d) The employees shall finish the shearing (or crutching) of any sheep they are shearing (or crutching) at the end of each run.

(e) Notwithstanding anything elsewhere provided in this award, no employee shall perform shearing and/or crutching other than during the hours and in accordance with the requirements prescribed by this clause.

Shed Hands and Woolpresser-Shed Hands -

(a) The working hours of a shed hand or of a woolpresser and shed hand (combined duties) shall be the same as the working hours of the shearers or crutchers, with such additional time each day as may be necessary to finish the picking up, the rolling of fleece, the picking of the pieces on the tables and to sweep the floor of the shed. Also, such additional time after the cessation of shearing or crutching on Friday and on the day of the cut-out as may be necessary to do the work abovementioned, and to wash down the floor of the shed and the wool tables, and to put away any wool that is underneath and, in addition, in the case of woolpresser and shed hand (combined duties), such additional time as may be necessary on the day of the cut-out to finish the pressing.

(b) If on any day, except the day of the cutout, the additional time exceeds a total of 30 minutes, the whole of the additional time on that day shall be treated as overtime.

(c) Overtime shall be paid for at the rate of time and one-half.

(d) Penners-up shall work, without overtime payment, such time additional to the working hours of the shearers or crutchers as may be necessary to keep the shearers or crutchers supplied with sheep.

Timework Woolpresser -

(a) The ordinary working hours of timework woolpressers will be the same as the working hours of the shearers or crutchers, with such additional time on the day of the cut-out as may be necessary to finish off the pressing.

(b) For any time worked in excess of ordinary working hours, payment shall be made at the rate of time and one-half.

Woolpresser on Piecework Working After Hours - Notwithstanding anything contained in this award, the woolpresser on piecework shall be allowed to work such additional hours as may be necessary to keep the shed clear from wool.

Reasonable Overtime

(a) Subject to (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

(c) For the purposes of (b) what is unreasonable or otherwise will be determined having regard to:

(i) any risk to employee health and safety;

(ii) the employee's personal circumstances including any family and carer responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

17. DUTIES OF WOOLPRESSERS

(a) A woolpresser or woolpresser-shed hand shall, with all reasonable despatch and in an efficient manner, press all the wool shorn (or crutched) which the employer shall require him/her to press at the shearing or crutching operations for which the employee is engaged.

(b) The employee will also, in like manner, weigh, brand and stack any of the said wool, if and as required by the employer, subject, in the case of a piecework woolpresser, to the observance of the provisions of clause 13, Rates for Woolpressers.

(c) The employee will press and sew the bales in the manner and, as nearly as practicable, to the weight directed by the overseer, and will remove all clippings and string from the inside of the bales, and clear away such clippings and string and all loose wool from the portion of the shed occupied for woolpressing.

(d) An employer may direct a woolpresser to carry out the duties of a shed hand, provided that:

(i) the employee shall only be required to perform those duties of a shed hand that are within the limits of that employee's skill, competence and training;

(ii) the performance of such duties does not involve either an alteration in the employee's classification or a major and substantial change in the duties normally performed by the employee;

(iii) such a direction shall be given only in the pursuit of the efficient conduct of a shearing or crutching operation in circumstances of unavailability of a contracted shed hand for a limited period.

18. EMPLOYMENT OF LEARNERS

(a) Herein "learner" means a shearer or intending shearer who has not yet shorn five thousand sheep.

(b) Of every four stands used at shearing operations and in shearing operations where four stands only are used, one at least shall be given to or reserved for a learner. Provided that a learner who starts in a shed as a learner may continue to be regarded as a learner under this clause for a run of sheds, although the employee becomes a shearer, not a learner, before the run of sheds is completed.

(c) It shall be obligatory upon such learner to produce to the employer or intended employer, or any authorised representative or any of the parties to this award, if and when required, a certificate in the following form, showing the number of sheep the employee has shorn:

(d) The earnings of a learner employed in a shed of four or more stands shall be not less than the earnings to which he/she would have been entitled had he/she been employed for the same period as an adult shed hand based on the number of runs actually paid in the preceding week for an adult shed hand, plus an amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for combs and cutters. Provided that the foregoing obligation upon the employer to make such guaranteed payment shall only apply to one specified learner where four stands only are used and to one specified learner in every four stands used where more than four stands are used at the shearing. The agreement of such specified learner shall be endorsed "learner" at the time it is signed.

(e) The provisions of this clause shall not apply to stud shearings.

19. ADDITIONAL RATES FOR WORK ON PUBLIC HOLIDAYS

(a) All work performed by employees on New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day and Boxing Day shall be paid for at double rates.

Where Christmas Day, Boxing Day or New Year's Day falls on a Saturday or Sunday, such holiday or holidays shall be observed on the next succeeding working day or days, which shall be deemed a holiday or holidays in lieu of the days named.

However, if any day is gazetted in lieu of one of the abovementioned holidays, such day shall be deemed to be a holiday for the purpose of this award.

(b) For the purposes of this clause, double rates shall mean:

(i) where the rate of wages is a piecework rate, an amount equal to twice the piecework rate for any work performed on any such days;

(ii) where the rate of wages is a per run rate, an amount equal to twice the per run rate for any work performed on any of such days;

(iii) cooks shall receive an amount equal to twice the daily rate for any work performed on any such days.

(c) Employees shall not be entitled to payment for public holidays unless worked.

20. BARROWING

No employer shall permit barrowing during smoke-ohs or meal hours if it interferes in any way with the smoke-ohs or meal hours of any member of the union, other than the barrower.

21. TRANSPORT WHILST AT SHED

(a) Where the employees sleep at the employer's premises and the shearing shed is 800 metres or more walking distance from the employees' sleeping quarters, the employer shall provide transport for the employees between the shed and the sleeping quarters before the start of the day's work, and at the end of the day's work.

(b) Also, in all cases where the shearing shed is 400 metres or more walking distance from the employees' huts the employer shall provide transport from the shed to the huts and from the huts to the shed for the midday meal.

22. ALLOWANCE WHERE SLEEPING QUARTERS ARE NOT PROVIDED

(a) Where the employees do not reside during a shearing (or crutching) at their home or usual place of residence and the employees are forced to obtain and pay for sleeping quarters away from the employer's premises because the employer is unable to provide sleeping quarters at the premises for the employees, the employer shall:

(i) arrange for sleeping quarters for the employees to be supplied elsewhere at the employer's expense; or

(ii) pay to each employee an allowance per night as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each night during the employee's employment that the employee is so forced to obtain and pay for sleeping quarters; and, where the distance is 800 metres or more walking distance between the employee's sleeping quarters and the shed, provide or pay for the transport of the employee between the sleeping quarters and the shed; and, where the time taken in journeying by the most direct route between the sleeping quarters and the shed exceeds in the total for one day, one hour, pay the employee an allowance for travelling time for such excess time at the rate as set out in Item 3 of the said Table 2.

(b) Where an employee resides during a shearing (or crutching) at his/her home or usual place of residence and travels daily to the shed, the following provisions shall apply, subject to subclause (c) of this clause:

(i) Travelling Allowance - Shearers or Crutchers Only - Where the distance between the shed and the employee's place of abode exceeds 65 km by the most direct practicable route the employer shall pay to the employee a travelling allowance per day as set out in Item 4 of the said Table 2 for each day upon which the employee so travels.

(ii) Vehicle Allowance - All Employees - Where an employee, by prior arrangement and agreement with the employer, uses his/her own motor vehicle to travel to and from the shed the employee shall be paid a vehicle allowance per kilometre as set out in Item 5 of Table 2 for travel by the most direct route practicable between the shed and his/her place of abode.

(c) Subclause (b) of this clause shall not apply in any case where the employer offers the employee suitable accommodation at the shed and the employee chooses not to use it. For the purpose of this subclause, suitable accommodation shall mean accommodation, which conforms with the requirements of the Rural Workers' Accommodation Act 1969.

23. MESS AND COOK

(a) "Found" employees - The employer shall, during the term of employment, provide the employees engaged at "found" rates with good and sufficient rations cooked by a competent cook.

(b) "Not found" employees - An employee engaged at a shearing or crutching at "not found" rates of pay will be responsible for his/her own rations and cooking.

Where a mess is established for "found" employees, "not found" employees may, with the approval of the employer, join the mess with those "found" employees and provide their own rations. Provided that the employer shall have the right to supply a sufficient quantity of rations of good quality to start the mess and such rations shall be accepted and paid for by the mess.

(c) Where there is a joint mess:

(i) The employer shall engage a cook for the mess on terms not less advantageous to the cook than those prescribed by this award.

(ii) The rations provided by the employer for the employees to be "found" by him/her will be on the same scale as to quality and quantity as the rations provided for those not to be so "found".

(iii) A majority of the "not found" members of the mess, after a cook engaged by the employer has cooked for the mess for not less than two days, may request the employer to discharge the cook and the employer shall thereupon discharge him/her.

(iv) In the event of the employer finding it not possible to secure a cook for the start of the shearing or the said cook leaving or being discharged for any cause during the shearing or crutching operations, the employees shall not be entitled to any compensation in respect thereof, but in such event the employer shall immediately make every endeavour to secure a cook to fill such vacancy.

(v) The employer shall be entitled to charge to each "not found" employee the amount of his/her share of wages actually payable to the cook, provided that the employee shall not be charged an amount in excess of the rate per day per employee prescribed in clause 14, Rates for Shearing Cooks.

(vi) The employer may, at his/her option, include in a joint mess the overseer, woolclasser, expert, grinder, engine driver or other persons, although their meals are, by direction of the employer or the overseer, to be served in a separate room.

(d) In the case of a joint mess or of a "not found" mess:

(i) If the employer supplies rations and shearers requisites, the employer shall post in a easily viewable place the price list of such items. The price to be charged, except in the case of meat, shall not exceed the cost price with carriage added. The price of meat shall be the amount as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(ii) When suitable ration sheep are not available and the employer has to purchase ration sheep or meat in order to supply meat to the mess the employer shall be entitled to charge to the mess the actual cost price of the meat supplied.

(iii) The employer shall provide the cook with a passbook and have correctly entered in the passbook on each occasion of supplying the particulars and prices of rations supplied by the employer and the dates when the several members of the mess are respectively engaged and discharged.

(iv) Where rations are obtained elsewhere than at the station store, the employer shall pay the price on written order or orders given to the employer by members of the mess, or by any person authorised by them to give the order, and will debit the mess account with the price and at the end of the shearing debit the members of the mess with their respective shares.

(v) If the employer discharges a "not found" member of the mess who has not credited a sufficient sum to satisfy what is due by the member to the mess account, the employer will make up the deficiency, except so far as the employee's share of the mess account has been increased by goods purchased elsewhere than from the employer.

24. DESIGN OF SHEDS

(a) A minimum space of 1.5 metres shall be provided for each shearer or crutcher on the board.

(b) Where sheep have to be usually taken more than three metres from the centre of the pen gate to a point 30 centimetres directly in front of the perpendicular tube of the stand, an allowance at a rate to be mutually agreed between the employer and the employee shall be paid to the employee.

25. EQUIPMENT OF SHEDS

(a) The employer shall provide all the shearing machines required and suitable machinery in good order and competent and sufficient persons to keep the machines in order and to operate the machines. The employee shall exercise proper care in the use and handling of shearing machines. Notwithstanding the foregoing an employee may, with the consent of the employer, provide and use his/her own handpiece in which case he/she shall be paid the additional rates for shearing and/or crutching as prescribed in clauses 10, Rates for Shearers, and 11, Rates for Crutching.

(b) For every six or fewer hand shearers (or crutchers) employed the employer shall provide at least one grindstone.

(c) The employer shall provide for the wool pressing a press in good order and condition, and all other articles as may be necessary for pressing and incidental operations.

26. BREAKDOWN OF MACHINERY - ALLOWANCE FOR DELAYS AND TERMINATION OF AGREEMENTS

(a) Where a shearer or crutcher or a piecework woolpresser is stopped from working through a breakage or failure of machinery, except from any cause over which the employer has no control, and the total period of all such stoppages which occur in any one week exceeds two hours' working time, the employer shall pay to the employee an allowance at the rate per day as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in the case of "not found" employees and at the rate per day also set out in the said Item 7 in the case of "found" employees for every day or part of a day beyond two hours of working time in any one week as long as there are sheep fit to shear.

But the employer may, on or after the expiration of one week from the beginning of the stoppage (unless in the meantime the agreement be terminated by mutual consent), terminate the agreement with the employee of his/her own will.

Provided that where an employee provides his/her own handpiece he/she shall be paid at the rate set out in the said Item 7.

(b) In the case of a cook or a shed hand, or a timework woolpresser, or a woolpresser and shed hand (combined duties), if the shearing or crutching operations come to an end because of the breakdown or failure of machinery or other cause the employer may, on or after the expiration of one week from the beginning of the stoppage, terminate the agreement of his/her own will.

27. USE OF CERTAIN COMBS PROHIBITED

(a) Unless the employee elects to do so with the express approval of the employer, no shearer or crutcher shall use or be required to use any comb wider than 64 millimetres between the points of the outside teeth. Provided that in any case no shearer or crutcher shall use or be permitted to use any comb wider than 92 millimetres between the points of the outside teeth.

(b) Provided further that subject to fair wear and tear as to thickness, all combs used by a shearer or crutcher shall comply in all respects with the manufacturer's specifications for that particular comb.

(c) There shall be established, under the auspices of the Industrial Relations Commission of New South Wales, a committee with membership open to nominated representatives of the union, the employers and manufacturers to investigate and report to the Commission on the following:

(i) The design parameters for a standard width comb with the capacity to successfully shear and crutch all types of sheep in New South Wales.

(ii) Any new method or device developed for the shearing or crutching of sheep, including the technological advancement of existing equipment, which would require an award variation.

28. COMBS AND CUTTERS

(a) It shall be the responsibility of the employees to provide themselves with combs and cutters. If an employer supplies combs and cutters the employer shall post in an easily visible place the price list of such items and shall not charge more than their cost price with carriage added.

(b) Where, at a particular shearing or crutching, excessive wear of combs and cutters is caused by abnormal conditions, the employer will compensate the employee for such excessive wear.

29. ALLOTMENT OF STANDS

The employer may nominate the stand or stands to be occupied by learners. Subject to the foregoing, lots shall be drawn for the stands in the presence of the overseer before work is commenced at a shearing or crutching, and the employee shall abide by the result of the drawing.

30. WORKING REGULATIONS FOR SHEARERS AND CRUTCHERS

(a) While their pen is being filled no shearer or crutcher shall catch any sheep therefrom, but shall catch from such pen as the overseer may direct. No shearer or crutcher shall catch any sheep or bring one on to the board after the signal to cease work. The overseer shall not permit any breach of this subclause.

(b) The sheep shall be taken carefully by the employee from the pen to the board.

(c) In shearing:

(i) the employee shall take off the belly wool first and lay it aside and, when required by the employer, the employee shall shear over the tail when shearing the first side;

(ii) in opening the fleece at the neck and belly, the machine or (if shears are used) both blades of the shears will be kept under the wool and close to the skin, so as to avoid twice cutting, and the employee will not run the machine or shears through the fleece so as to break it down the centre or the back.

(d) Subject to this award, the employee shall shear (or crutch) with all reasonable despatch and in an efficient manner all the sheep which the employer shall require him/her to shear (or crutch) at the shearing (or crutching) operations for which the employee is engaged.

31. INJURIES TO SHEEP

(a) If a shearer or crutcher badly cuts a sheep or if a sheep be insufficiently tarred the employee will at once sew and tar the cut or dress the sheep as directed by the overseer; but in other cases the employee shall not be required to tar the sheep.

(b) The employee shall not kick, kneel upon or otherwise injure or ill-use any sheep.

(c) If he/she seriously injures any sheep or cuts the teat or the vulva of any ewe or the pizzle of any ram or wether, the sheep will, at the option of the employer:

(i) be kept by the employer; or

(ii) if fit for food, be charged to the mess account at the mess rate; or

(iii) be charged to the employee at the average per sheep mess rate (if any) or at such rate as may be mutually agreed.

(d) If the employee is charged with the sheep it will thereupon become his/her property, unless the damage to the sheep is wilfully done, in which case the sheep will not become his/her property, even if the employee is charged with it.

(e) The employee shall immediately report the fact of the injury or cut to the person in charge of the shed, and if he/she fails to so report he/she may be charged in addition to any of the foregoing charges a further amount as set out in Item 8 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in respect of each sheep concerned.

32. PROVISION OF SHEEP

(a) The total number of sheep to be shorn (or crutched) at the shearing (or crutching) shall not be more than the maximum number agreed upon or less than the minimum number agreed upon, nor shall the number of shearers employed exceed the number agreed upon.

(b) Subject to this award, the employer shall be ready to commence shearing (or crutching) on the date appointed and will keep the shearers (or crutchers) fully supplied with sheep until the completion of the shearing (or crutching).

However, the employer shall not be bound to supply the agreed minimum number of sheep or to be so ready or to so keep the employee fully supplied if the employer is prevented from doing so by any reasonably unavoidable cause.

Also, when the employer is a contractor shearing (crutching) sheep under contract with an owner or his/her agent, the failure of the owner or his/her agent to keep the contractor supplied with sheep for shearing (crutching) shall not be deemed to be a reasonably unavoidable cause by the contractor unless the owner or his/her agent is prevented from supplying sheep because of any reasonably unavoidable cause.

33. YARDING SHEEP FOR SHEARING

(a) At shearing operations the employer shall, unless prevented by any reasonably unavoidable cause, yard the sheep for shearing at least four hours before the time of their being shorn so as to overcome any fullness or sweat wet in such sheep and the employee shall thereupon shear such sheep with all reasonable despatch and without any delay whatsoever.

(b) This clause shall not apply in the case of:

(i) ewes within two months of lambing;

(ii) ewes with lambs up to three months old;

(iii) sheep, which have previously been yarded for shearing but have been turned out because they are too wet to shear.

34. WITHDRAWAL OF SHEEP

The employer may temporarily withhold or withdraw sheep, which have been put under cover when circumstances render such withdrawal necessary to prevent death or injury to sheep or lambs or the starving of sheep or lambs, without responsibility for any resultant delay.

35. POSTING OF TALLIES

(a) The employer shall cause the total tally of each day of the shearers or crutchers to be posted on or before the next day on a tally board in the shed and will daily supply to each shearer or crutcher, in writing, their tally for the day.

(b) The employer shall either supply the woolpresser each morning with a correct written statement of the amount of wool pressed on the previous day or else will allow the employee access at all convenient times to the books showing the amount of wool pressed.

36. COOK'S DUTIES, ETC.

(a) A cook will perform his/her duties with reasonable despatch and in an efficient manner.

(b) The total number of persons for whom an employee is to cook will not, on the average of the shearing or crutching, be less than the minimum number agreed upon or more than the maximum number agreed upon. However, if any of the employees to be cooked for strike, or wilfully cease work against the direction of the employer, the employee shall be entitled to payment of wages in respect only of those employees who do not strike or cease work.

(c) The employee will provide at his/her own expense such suitable assistant or assistants of good behaviour as may be necessary for proper cooking and serving of food.

(d) The employee will be responsible for all rations supplied and will, at the end of his/her engagement, give up to the employer all unused rations.

(e) Cooks and cooks' offsiders shall not be required to slaughter sheep or cattle for the mess.

(f) Where no offsider is employed, wood shall be supplied to the cook split in lengths suitable for use in stove, range, oven or other convenience supplied in the kitchen. Provided that it shall not be necessary for such wood to be supplied cut in short lengths for the dining room or outside fires.

37. ABSENCE FROM WORK, LEAVING, DISCHARGE

(a) Every employee, other than a cook, will be at the station ready to begin work on the day appointed. If the employee is not ready to begin by noon on that day the employer may treat the employee as having repudiated the contract of employment and shall not be bound to keep a position open for the employee.

(b) A cook engaged for shearing or crutching operations will attend at the station for duty not later than the time fixed for the commencement of the shearing, and if he/she does not so attend the employer may treat them as having repudiated the agreement and may treat the employment as terminated.

(c) The employee will not be absent from work except in the case of illness or except as hereinafter provided.

(i) The employee may be discharged by the employer for incompetence or for misconduct or for an absence from work through illness for a period of a week, unless during that week the employee resides on the employer's property or at some other address notified to the employer from which the employer could promptly obtain information on the employee's health and the date of their likely return to work. Provided that a woolpresser may be discharged for an absence through illness for a period of three days.

(ii) The employee may leave in consequence of accident, sickness or other urgent necessity.

(iii) The employee may leave with the permission of the employer, but such permission shall not be given to a shearer, crutcher or wool presser by the employer for reasons other than those set out in paragraph (ii) of this subclause, without the consent of the majority of the shearers (or crutchers) and woolpressers remaining.

(d) In the case of a cook in a joint mess, if a majority of the "not found" members of the joint mess, after the employee has cooked for the joint mess for at least two days, request the employer to discharge the employee the employer shall thereupon discharge the employee, but, except as to payment for work done, shall not be liable in any way whatsoever in respect of the discharge made in consequence of such request.

(e) When an employee leaves or is discharged as provided in subclauses (c) or (d) of this clause, the employer will pay the employee in full to the extent of the work done by him/her after deducting any sum for which the employee is liable to the employer under this award (and if the employee is "not found") after deducting in addition to the award daily mess deduction per day or any higher rate per day that the majority of the members "not found" of the mess remaining fix for his/her share of the mess to the date of leaving, the amount deducted shall, after payment of the cook, be placed to the credit of the mess account.

(f) When an employee leaves employment otherwise than as provided in subclauses (c) or (d) of this clause, the employer shall deduct from the wages due to the employee the deduction specified in subclause (e) of this clause and, in addition, a shearer or crutcher shall forfeit not more than the amount as set out in Item 9 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, to the employer and as to other employees an amount equivalent to one day's wages or four runs work.

(g) An employee not attending for duty shall lose pay for the actual time of such non-attendance.

38. TRANSPORT IN CASE OF ILLNESS OR DISCHARGE

The employer shall provide transport free of cost for the employee in case of serious illness or injury to the nearest hospital and in the case of discharge to the nearest mail route. However, this clause shall not apply in the case of discharge where the employee has his/her own transport.

39. PAYMENT OF WAGES

(a) At the commencement of shearing the employer or his/her agent shall appoint a certain day upon which the employer shall in each and every week, if so required, pay to the employee, or on the employee's order, the amount due over and above one week's earnings.

(b) The employer shall also pay at any time, on the request of the employee, any obligatory contributions or charitable donations out of the employees weekly earnings. However, the employer shall not be required to make payment in respect of any such request, which may be presented to him/her less than 24 hours prior to the cutout.

(c) Any cheque given by the employer to the employee will be drawn on a local bank or the exchange will be added if payable.

(d) The employer may deduct from wages due to an employee the charge for combs and cutters and other requisites obtained from the employer.

(e) Where the employee so requires, the employer shall render to the employee a detailed statement of their account up to date on the day before the anticipated completion of the shearing or crutching.

(f) Wages will be reckoned to the end of the day upon which the employee finishes work.

(g) This subclause shall apply only to an employee who ceases work before the completion of the operations and who leaves or is discharged in accordance with subclauses (c) or (d) of clause 37, Absence from Work, Leaving, Discharge.

Subject to subclause (i) of this clause, the employer shall pay all monies due to the employee within two hours' working time of such leaving or discharge. If the employer keeps the employee waiting at or about the property or place of work for such payment for a time exceeding such two hours, the employer shall pay the employee for such excess time, not exceeding one week, at the rate as set out in Item 10 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(h) Subject to subclause (i) of this clause, at cut-out the employer shall have the employee's accounts prepared and shall commence making payments of monies due under this award within three hours (excluding the ordinary breaks between runs) of the cut-out and within four hours of the cut-out if it occurs in the last run of the day. The payments shall be completed with reasonable despatch. If the employer keeps the employee waiting for such payment for a time exceeding such three hours (or four hours, as the case may be), the employer shall pay the employee for such excess time between the cutout and the commencement of making payments at the rate set out in Item 11 of the said Table 2.

However, a time worker who receives a full day's pay for the day of the cutout shall not be entitled to the extra rate for any period of delay which falls within the ordinary working hours on the day of the cut-out.

(i) Subclauses (g) and (h) of this clause shall not apply to any employer:

(i) who cannot pay the wages because of circumstances beyond his/her reasonable control, proof of which shall be upon the employer; or

(ii) who is requested by the employee to pay otherwise.

(J) For the purposes of this clause "cut-out" means the completion of the shearing or crutching of the last sheep shorn or crutched or the termination of the shearing or crutching under the employee's agreement.

40. WET SHEEP

(a) The employer need not pen sheep for shearing (or crutching) which in his/her honest opinion should not be shorn (or crutched) because they are too wet to be shorn (or crutched) without responsibility for any delay.

(b) The employer may withdraw sheep, which have been penned for shearing (or crutching) when, in his/her honest opinion, the wool is too wet for pressing without responsibility for any delay.

(c) The employee may refuse to shear sheep (or crutch or dag or drench sheep, as the case may be), without responsibility for any delay:

(i) if the overseer and the shed representative agree that the sheep are too wet to shear or crutch or dag or drench, as the case may be; or

(ii) if, in his/her honest opinion, the sheep are so wet as to be likely to injure his/her health, and the employee informs the overseer to that effect; or

(iii) if, in the honest opinion of a majority of the shearers (or crutchers), excluding any learner who is entitled under clause 18, Employment of Learners, to a guaranteed minimum rate of earnings, by vote on a secret ballot, it is determined that the sheep are too wet to shear (or crutch).

Provided that the vote need not be taken until after the shearers (or crutchers) have (if the overseer so requests) shorn (or crutched) two sheep each and that the ballot papers be counted in the presence of the overseer if the overseer so requests.

(d) An employer may require sheep, which have been voted wet to be dried and voted upon again more than once in the same day.

41. CANCEROUS, ETC., SHEEP

(a) The employee may refuse to shear sheep (or crutch sheep, as the case may be):

(i) if they are cancerous; or

(ii) if they are actually suffering from scabby mouth; or

(iii) if they are (unless properly treated with antiseptic) suffering from any offensive wound or sore other than from maggots; or

(iv) if they are suffering from any disease communicable to the employee.

(b) The employer shall prevent from entering the shed:

(i) any cancerous sheep;

(ii) (unless properly treated with antiseptic) any sheep that has an offensive wound or sore, other than from maggots;

and shall also prevent so far as it is practicable from entering the shed:

(iii) any sheep suffering from any disease communicable to the employee.

(c) Should any such affected sheep appear on the board the employee shall put it down the chute, unshorn (uncrutched).

42. SHEEP AFFECTED WITH PRICKLY PEAR

The employee may refuse to shear or crutch, or to press the wool of, any sheep if they are affected with prickly pear, unless the employer provides the employee with such basil gloves and coverings as are necessary.

43. MEDICAL SUPPLIES

The employer shall provide a proper and sufficient stock of the simpler kinds of medical and surgical remedies for sale to the employees at cost price, with carriage added, and, for bodily injury resulting to the employee from his/her work, the employer shall keep and provide free of charge the bandages and antiseptics reasonably necessary for treatment of the injury.

44. SUPPLY OF SOAP, WATER AND DISINFECTANT

The employer shall provide:

(a) a suitable disinfectant in the sleeping quarters; and

(b) a suitable supply of soap and water at the shed for the use of employees for cleaning purposes.

45. SUPERVISION OF SHEARING, ETC., OPERATIONS

The shearing or crutching and incidental operations shall be carried on under the direction of the employer or person in charge of the shed (in this award called the overseer).

46. DELIVERY OF MAIL

The employer shall deliver to the employee with all reasonable expedition all letters and mail matter addressed to the employee.

47. PROVISION OF CLOCKS

The employer shall keep in a conspicuous position in the shed (and likewise in the shearing employees' quarters) a properly regulated clock.

48. CONDUCT OF EMPLOYEE ON STATION

An employee shall conduct himself/herself properly on the property. If the employer so directs, the employee shall not bring or cause to be brought, or, so far as can be helped, allow to be brought on to the property any intoxicating liquor.

SECTION II - STATION HANDS
49. CONTRACT OF EMPLOYMENT

(a) An employer shall have the option of engaging a station hand on a full-time, part-time or casual basis.

(b) If the employment is full-time or part-time, employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of one week's wages, as the case may be. This shall not affect the right of the employer to dismiss any employee without notice in certain circumstances for inefficiency; neglect of duty or misconduct, and in such cases wages shall be paid up to the time of dismissal.

(c) A full-time employee who wishes to convert to part-time shall be permitted to do so if the employer agrees, subject to the conditions set out in this clause. If such an employee transfers from full-time to part-time employment all accrued award, overaward and legislative rights must be maintained and employment deemed to be continuous.

A full-time employee who requests part-time work and is given such work may revert to full- time employment on a specified future date by agreement with the employer and recorded in writing.

No existing full-time employee shall be transferred by an employer to part-time employment without the written consent of the employee.

An employer shall not terminate the employment of a full-time employee with the intention of re-employment as a part-time employee.

(d) Where an employee has given or been given notice in accordance with subclause (b) of this clause the employee shall continue in employment until the date of expiration of such notice. Any employee who, having given or been given notice as aforesaid, absents himself/herself from work during such period without reasonable cause (proof of which shall lie on the employee) shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period.

(e) An employee not attending for duty shall, except as provided in clauses 51, Hours of Work, Overtime and Sunday Work, 56, Public Holidays and Election Days, 57, Annual Leave, and 58, Sick Leave, lose their pay for the actual time of such non-attendance.

50. RATES OF PAY

(a) Station Hands (other than Station Cooks)

(i) The minimum rates to be paid to adult station hands engaged by the week without keep shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

(1) Station Hand - Grade 1 - A person with less than 12 months' experience in the industry.

(2) General Station Hand - Grade 2 - A person with at least 12 months' experience in the industry as a station hand but who does not conform to the definition of senior station hand.

(3) Senior Station Hand - Grade 3 - A person who has at least two years' experience in the pastoral industry as a general station hand and who is capable of performing efficiently without supervision any of the tasks reasonably required of the employee, including driving, maintaining and operating farm vehicles and machinery; animal husbandry, stock handling; irrigation work and the use of chemicals.

(4) Rural Tradesperson - A rural tradesperson shall mean a person who has been employed for a period of not less than three years:

(A) on farms, in orchards or vineyards, or on agricultural or pastoral holdings in connection with dairying, poultry, farming or bee keeping, or in the sowing, raising, harvesting or treating of grain, fodder, fruit or other farm produce, or in the management, rearing or grazing of horses, cattle sheep or other livestock, or the shearing or crutching of sheep, or the classing, scouring, sorting or pressing of wool, on any farm or station, or at other farm or station work; or

(B) in or in connection with the formation, tending, protection or regeneration of forests; or

(C) in flower or vegetable market gardens or nurseries; or

(D) at clearing, fencing, draining or otherwise preparing land for any of the purposes referred to above

and has completed the Rural Trades Course at T.A.F.E. or similar course or courses approved by the Rural Apprenticeship Training Committee upon application.

With keep - The rates prescribed for "without keep" less the amount as set out in the said Table 1.

(ii) The minimum hourly rate to be paid to adult station hands employed on a part-time basis without keep shall be determined by dividing the appropriate rate prescribed in paragraph (i) of this subclause by 40.

(iii) The minimum rates to be paid to adult station hands engaged as a casual shall be the amount per hour as set out in Table 1 without keep. This rate is determined by multiplying the rate prescribed in subparagraph (1) of paragraph (i) of this subclause by 17.5 per cent and dividing by 40.

(b) Station Cooks - The minimum rates to be paid to station cooks shall be, with keep provided, the amounts as set out in the said Table 1.

(c) The minimum rates to be paid to employees under 21 years of age shall be a proportion of the adult rate as prescribed by the classification Station Hand - Grade 1, appearing in Table 1, calculated in accordance with the following table.

The total wage shall be calculated in multiples of five cents, amounts of two cents or less being taken to the lower multiple and amounts in excess of two cents being taken to the higher multiple.

(i) Engaged by the week without keep:

With keep - The rates prescribed in the abovementioned table less the amounts per week as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

(ii) The minimum hourly rate to be paid to junior station hands employed on a part-time basis without keep shall be determined by dividing the appropriate rate prescribed in paragraph (i) of this subclause by 40.

(iii) The minimum hourly rate to be paid to a casual junior station hand without keep shall be determined by multiplying the appropriate rate prescribed in paragraph (i) of this subclause by 17.5 per cent and dividing by 40.

51. HOURS OF WORK, OVERTIME AND SUNDAY WORK

(a) Station Hands Engaged by the Week (other than Station Cooks) -

(i) The ordinary hours of work of station hands (other than station cooks) engaged by the week shall not exceed 160 hours in any consecutive period of four weeks, to be worked either:

(1) over five days in the week, Monday to Friday; or

(2) over five and one-half days in the week, Monday to Saturday, where work is essential on Saturday morning for good husbandry or tending stock.

(ii) All time worked by an employee in excess of the ordinary hours prescribed in paragraph (i) of this subclause shall be deemed to be overtime.

(iii) Overtime shall be adjusted as follows:

(1) the employee shall be allowed off duty, with pay, for a period equal to the overtime worked. Such time allowed off duty shall be given and taken within the succeeding three weeks unless the employer and the employee mutually agree that it be taken at some other time; or

(2) in lieu of taking off duty, the employee may elect to be paid for the overtime worked;

(3) the rate of pay for overtime shall be time and one- half, provided that double time shall be paid for all work performed on Sunday, except in the case of feeding or watering the stock when such work shall be paid for at the rate of time and one- half.

(b) Part-time Station Hands -

(i) A part-time employee is a person employed on a regular basis for less than 40 hours per week.

(ii) Part-time employees shall be rostered to work regular hours on regular days in accordance with the award provisions for permanent employees. The roster shall be established with the agreement of the employee. Changes to the roster shall only be made following consultation with and the agreement of the employees and shall require one day's notice in advance of the first change to hours or days.

(iii) Part-time employees shall be employed for not less than 12 hours per week, Monday to Friday, and not more than 32 hours per week, Monday to Friday, and not less than three hours and not more than eight ordinary hours on any day.

(iv) A part-time employee who works in excess of eight hours on any day, Monday to Friday, and for all hours worked on a Saturday, shall be paid overtime for all such time worked in accordance with the overtime rates specified in paragraph (iii) of subclause (a) of this clause.

(v) A part-time employee shall not be required to work overtime without agreement.

(vi) A part-time employee shall be entitled to payments in respect of annual leave, public holidays and sick leave in accordance with clauses 56, Public Holidays and Election Days, 57, Annual Leave, and 58, Sick Leave. All other provisions of the award relevant to full-time employees shall apply to part-time employees.

(c) Station Hands as Casuals - A casual station hand is one engaged on an hourly basis. Casual employees shall be paid for each hour worked at a rate of one-fortieth of the weekly rate, plus an all- purpose loading of 17.5 per cent.

The loading prescribed herein shall be in lieu of annual leave, sick leave, public holidays and the lack of continuity of employment prescribed for weekly employees.

All work performed by casuals in excess of eight hours per day, Monday to Friday, and all work performed on Saturdays, Sundays or public holidays shall be paid at overtime rates.

(d) Station Cooks -

(i) There shall be no limitation of hours of work for station cooks but such employees shall receive one and one-half days off each week.

(ii) A cook who is required to work more than 5.5 days in any one week shall be paid, in addition to the weekly wage prescribed in subclause (b) of clause 49, Rates of Pay, the following overtime rates:

For work on six full days - an amount of 3/22 of the appropriate weekly rate.

For work on six full days and one half-day (6.5) - an amount equal to 3/11 of the appropriate weekly rate.

For work on seven full days - an amount equal to 9/22 of the appropriate weekly rate.

(e) No overtime shall be worked nor shall an employee perform work on the employee's day and/or half-day off without the permission of or under the instruction of the employer or his/her authorised representative.

(f) No employee shall be entitled to payment for overtime, or equivalent time off in lieu, unless the employee makes a claim for it to the employer or his/her authorised representative either within two weeks after the overtime is alleged to have been performed or by the next date of payment of the employee's wages, whichever is the later.

(g) For the purpose of computing payment for overtime work for an employee engaged on "with keep" terms, the cash value of such employee's wages shall 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.

(h) Reasonable Overtime

(a) Subject to (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

(c) For the purposes of (b) what is unreasonable or otherwise will be determined having regard to:

(i) any risk to employee health and safety;

(ii) the employees personal circumstances including any family and carer responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

52. SPECIAL ALLOWANCES

(a) Where a station hand is required by the employer to find his/her own horse and/or saddle, and does so, the employee shall be paid, in addition to wages, an allowance set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the horse, and an allowance as set out in Item 13 of the said Table 2 when the employee finds his/her own saddle.

(b) When a station hand is required by the employer to find his/her own dog, which is used as a cattle or sheep dog for station purposes, the employer shall pay to the employee, in addition to wages:

(i) an allowance mutually agreed upon for each such dog;

(ii) the amount of any licence or registration fee, which must be paid by the employee for a period during which the dog is so used.

(c) (i) Employees engaged in connection with jetting or spraying of sheep, who either mix poison or handle the nozzle; or

(ii) employees who are employed in swabbing sheep for more than three days in any one week, shall be paid an amount per day as set out in Item 14 of the said Table 2 in addition to their ordinary rate for each day upon which they are so engaged.

53. PAYMENT OF WAGES

(a) The employer shall, if so required by the employees, pay the employees the full amount of their wages fortnightly, but may retain up to one week's wages until the employment terminates.

(b) The employer shall pay at any reasonable time on the order of the employee any obligatory contribution or charitable donation or such other amounts as the employee may direct out of the amount for the time being due to the employee.

(c) Any cheque of the employer given to the employee shall be drawn on a local bank or exchange shall be added if payable.

(d) If so required by the employee, the employer shall render to the employee a detailed statement of wages and deductions from wages when the employee is paid.

(e) The employer may deduct from wages due to the employee:

(i) the charges authorised by clause 54, Charges for Accommodation, Meat, Goods and Services; and

(ii) the amounts as the employee may order in accordance with subclause (b) of this clause.

54. CHARGES FOR ACCOMMODATION, MEAT, GOODS AND SERVICES

(a) Where the employer provides an employee with living premises for the use of a "without keep" employee and his/her household, the employer may make a charge of an amount agreed between them in writing for the use of the premises and/or power supplied to such premises.

(b) The employer may charge to an employee:

(i) the cost of goods or services supplied to the employee upon request and paid for by the employer; and

(ii) the cost of goods purchased by the employer for the employee upon request.

(c) Where the employer supplies an employee with meat, the employer may charge the employee not more than the amount set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the meat supplied. The quality of meat for which a charge is made shall not be inferior to that of meat used at the homestead. When an employer buys meat for supply to employees, the employer may charge the employee the actual cost of the meat supplied.

(d) Where the employer sells groceries or stores to employees the employer shall post the price list in a conspicuous place and the prices charged shall not exceed cost price and carriage added.

55. RECORD OF WAGES

(a) The employer shall keep, or cause to be kept, a wages record showing the name and occupation of each employee, the wages and allowances paid, the deductions made from wages and (except as to station cooks), the weekly hours worked.

(b) The wages record shall be open for inspection by a duly accredited official of the union at the employer's property or other convenient place. Inspection of such records shall be in accordance with Part 7 Chapter 5 of the Industrial Relations Act 1996.

56. PUBLIC HOLIDAYS AND ELECTION DAYS

(a) Station hands not engaged as casuals shall be entitled to the following days as holidays without deduction of pay: Christmas Day; Boxing Day; New Year's Day; Australia Day; Good Friday; Easter Monday; Anzac Day; Queen's Birthday and Labour Day, or such other weekdays as the employer and the employees may mutually substitute beforehand in lieu of the said days.

When shearing or crutching at the station occurs on any of the said days and the employer and employee fail to substitute mutually such other weekday, the employer may so substitute such other weekday, but not so as to give the employee less time off work than the employee would have had if the employee had received the said holiday.

Where Christmas Day, Boxing Day or New Year's Day falls on a Saturday or Sunday, such holiday or holidays shall be observed on the next succeeding working day or days, which shall be deemed a holiday or holidays in lieu of the days named. If any day is gazetted in lieu of one of the abovementioned holidays, such day shall be deemed to be a holiday for the purpose of this award.

(b) If called on for duty on any day which he/she is entitled to enjoy as a holiday, the employee shall perform the duty as required and shall be entitled to payment for time worked as the rate of double time.

(c) Where the rostered paid hours for a part-time employee fall on a public holiday and work is not performed by the employee, the employee shall not lose pay for the day.

(d) Such free time, not exceeding one day, as may be necessary in order that a station hand may exercise his/her vote at a Federal or State election or referendum shall be allowed to him/her and no deduction from his/her wages shall be made in respect thereof.

(e) An employee who fails to attend for work on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer shall not be entitled to payment for such day.

57. ANNUAL LEAVE

(a) Full-time station hands shall, for every completed year of service with the employer, be entitled to four weeks' leave with pay.

(b) Annual leave for part-time station hands shall accrue on a pro rata basis

(c) Provided that before going on annual leave each employee, in addition to the amount of payment for the period of annual leave due under this subclause, shall be paid a loading of 17.5 per cent. For the purpose of this subclause, "with pay" means the amount of wage the employee would have received in respect of the ordinary time which the employee would have worked had the employee not been on leave during the relevant period plus, in the case of an employee engaged "with keep", the value of the "keep" deduction specified in the said clause 50.

(d) In the event of an employee leaving or being discharged before the employee has completed a year of service, the employee shall be paid an amount equal to one-twelfth of the pay earned for ordinary time for the period of service plus, in the case of an employee engaged "with keep", the value of the "keep" deduction for the relevant period.

(e) The annual leave shall be given and taken, as mutually agreed between the employer and the employee, in not more than four periods.

(f) The provisions of this clause shall apply to all full-time station hands and part-time stations hands.

58. SICK LEAVE

(a) An employee engaged by the week, who is absent from work on account of personal illness or injury by accident arising out of and in the course of employment, shall be entitled to one week's sick leave without deduction of pay, in respect of each year of service, subject to the following conditions and limitations:

(i) The employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

(ii) The employee shall prove by the production of a medical certificate or other satisfactory evidence to the employer that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

(iii) Sick leave allowable under this clause, or any portion thereof, which is not used by an employee shall accumulate and be available for a period of five years, but for no longer, from the end of the year in which it accrues.

(iv) For the purposes of paragraph (iii) of this subclause, such leave shall not be regarded as accumulated until the end of each yearly period.

(b) Sick leave entitlements for part-time employees shall be in accordance with this clause, provided that wages payable in respect of periods of paid sick leave shall be calculated pro rata in accordance with paragraph (i) of subclause (a) of clause 49, Rates of Pay.

59. PERSONAL/CARER'S LEAVE

(a) Use of Sick Leave

(i) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 59(a)(iii)(2) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 58, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(ii) The employee shall, if required,

(1) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

(2) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

(iii) The entitlement to use sick leave in accordance with this subclause is subject to:

(1) the employee being responsible for the care of the person concerned; and

(2) the person concerned being:

(A) a spouse of the employee; or

(B) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first-mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(C) a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee; or spouse or de facto spouse of the employee; or

(D) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(E) a relative of the employee who is a member of the same household where, for the purposes of this paragraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

(iv) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

Where the parties are unable to reach agreement the disputes procedure at clause 71, Dispute Procedure, should be followed.

(b) Unpaid Leave for Family Purpose

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 59(a)(iii)(2) above who is ill or who requires care due to an unexpected emergency.

(c) Annual Leave

(i) An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(ii) Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(iii) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

(iv) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(d) Time Off in Lieu of Payment for Overtime

(i) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(ii) Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

(iii) If, having elected to take time as leave in accordance with paragraph (i) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

(iv) Where no election is made in accordance with the said paragraph (i), the employee shall be paid overtime rates in accordance with the award.

(e) Make-up Time

(i) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(ii) An employee on shift work may elect, with the consent of the employer, to work "make- up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

(f) Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 59(a)(ii) and 59(a)(iv) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 59(a)(iii)(2) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(2) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(3) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

60. BEREAVEMENT LEAVE

(a) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (c) of this subclause.

(b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

(c) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (a)(iii)(2) of clause 59, Personal/Carers Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (b), (c), (d) and (e) of clause 59, Personal/Carers Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(f) Bereavement entitlements for casual employees

(a) Subject to the evidentiary and notice requirements in 60(b) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 59(a)(iii)(2) of clause 59, Personal/Carer's Leave.

(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

60A. PARENTAL LEAVE

(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

(2) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(3) Right to request

(a) An employee entitled to parental leave may request the employer to allow the employee:

(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

(b) The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

(c) Employee's request and the employer's decision to be in writing

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

(d) Request to return to work part-time

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

(4) Communication during parental leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

61. REDUNDANCY

(a) Application

(i) This clause shall apply to all full-time and part-time employees.

(ii) This clause shall apply in respect of employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause (c) of this clause.

(iii) Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year's service and the general obligation on employers shall not be more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything elsewhere contained in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(b) Introduction of Change

(i) Employer's Duty to Notify

(1) 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 shall notify the employees who may be affected by the proposed changes and the Union to which they belong.

(2) "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 location and the restructuring of jobs. Provided that, where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(ii) Employer's Duty to Discuss Change

(1) The employer shall discuss with the employees affected and the Union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, 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 shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (i) of this subclause.

(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the Union to which they belong 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 any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(c) Redundancy

(i) Discussions before Terminations

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (b)(i)(1) of this clause and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the Union to which they belong.

(2) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (1) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

(3) For the purposes of the discussions the employer shall, as soon as practicable, provide to the employees concerned and the Union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(d) Termination of Employment

(i) Notice for Changes in Production, Program, Organisation or Structure

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from changes to production, program, organisation or structure, in accordance with subparagraph (b)(i)(1) of this clause.

(1) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

(2) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

(ii) Notice for Technological Change

This paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (b)(i)(1) of this clause.

(1) In order to terminate the employment of an employee, the employer shall give the employee three months' notice of termination.

(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944 or any Act amending or replacing either of these Acts.

(iii) Time Off during the Notice Period

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

(2) 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 shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(iv) Employee Leaving during the Notice Period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(v) Statement of Employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or type of work performed by the employee.

(vi) Notice to Centrelink

Where a decision has been made to terminate employees, the employer shall notify Centrelink as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(vii) Transfer to Lower-paid Duties

Where an employee is transferred to lower-paid duties, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

(e) Severance Pay

(i) Where an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

(2) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

(3) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances paid in accordance with clause 3, Wages and Allowances.

(ii) Incapacity to Pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.

(iii) Alternative Employment

Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

(f) Savings Clause

Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the Union and any employer bound by this award.

62. FARES AND TRAVELLING EXPENSES

Employees shall be allowed the fare actually paid from the place of engagement to the place of employment, provided that they continue to work for the employer for a period of three months. Provided they fulfil their duties for not less than 12 months, the employees shall be allowed the fare actually paid by them when they return from the place of employment to the place of engagement. Provided always that the employer shall have the right to make his/her own arrangements for the conveyance of the employee.

When travelling by railway or steamer between the place of engagement and the place of employment, second class fares shall be allowed, and where the employee travels by air they shall not, unless such travel is authorised in advance by the employer, be entitled to receive any greater allowance than the employee is entitled to receive under this clause for travel by other means.

While travelling from the place of engagement to the place of employment, the employee shall be paid the amount actually paid for meals taken and for overnight accommodation limited to an amount as set out in Item 15 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, and three meals per day, and an amount as set out in Item 16 of the said Table 2 for overnight accommodation.

Provided that the provisions of this clause shall not apply to an employee engaged by the day, but travelling expenses of such employee shall be mutually agreed upon between the employer and the employee at this time of engagement.

63. EQUIPMENT, PROTECTIVE CLOTHING, ETC.

(a) Subject to subclause (a) of clause 52, Special Allowances, the employer shall provide the employee, free of charge, with such horses and equipment as are necessary for his/her duties.

(b) The employer shall provide each station hand employed in lamb marking with suitable protective clothing free of charge, which shall be properly washed by the employee and returned after use.

(c) Employees ordinarily employed as prickly pear cutters shall be provided with basil gloves and protective clothing free of charge.

64. KEEP

Where an employee is employed on the "with keep" rate as prescribed in clause 50, Rates of Pay, "keep" shall mean good and sufficient living accommodation and good and sufficient rations (including, where reasonably procurable, the goods as mentioned in the schedule hereto) of sufficient quantity, sound, well-cooked and properly served by the cook or his/her offsider, but it shall not include accommodation under a roof or cooking when circumstances render such accommodation or cooking impracticable.

65. MEDICAL SUPPLIES

The employer shall provide a proper and sufficient stock of the simpler kind of medical and surgical remedies for sale to employees at cost price with carriage added. The employer shall also provide and maintain, at a place reasonably accessible to the employees, an efficient first-aid outfit.

66. DELIVERY OF MAIL

Where not delivered direct by the postal authorities, the employer shall deliver to the employee, with reasonable expedition, all letters and mail matter addressed to the employee.

67. CANCEROUS, ETC., SHEEP

The employee may refuse to dag or drench sheep if they are cancerous or (unless supplied with an antiseptic) suffering from an offensive wound or sore communicable to him/her or if the sheep are so wet as to be likely to injure his/her health and the employee informs the employer or his/her representative of that effect.

68. AGED, INFIRM AND SLOW WORKERS

See Section 125 of the Industrial Relations Act 1996.

SECTION III - GENERAL APPLICATION
69. ANTI-DISCRIMINATION

(a) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(b) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

(c) Under the Anti-Discrimination Act, 1977 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(d) Nothing in this clause is to be taken to affect:

(i) any conduct or act which is specifically exempted from anti-discrimination legislation.

(ii) Offering or providing junior rates of pay to persons under 21 years of age.

(iii) Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977

(iv) A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

(e) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

Note:

1. Employers and Employees may also be subject to commonwealth anti-discrimination legislation.

2. Section 56(d) of the Anti Discrimination Act 1977 provides:

Nothing in the Act effectsany other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

70. SUPERANNUATION

(a) Definitions - In this clause, unless the contrary intention appears:

(i) "Employee" means an employee covered by this award.

(ii) "The Fund" shall mean:

(1) the Australian Farm Superannuation Plan (AFSP), as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

(2) the National Superannuation Fund (NSF), as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

(3) the Australian Superannuation Savings Employment Trust (ASSET), as may be amended from time to time, and includes any superannuation scheme which may be in succession thereto; or

(4) the Rural Employees Award Plan (REAP), as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

(5) an alternative superannuation scheme existing within a company conforming to the Commonwealth Government's operational standards for occupational superannuation and where the employer has been granted an exemption in accordance with subclause (e) of this clause.

(iii) "Ordinary-time Earnings" means the award classification rate (including supplementary payments, where relevant), overaward payments and shift work loadings (where relevant). In the case of employees engaged in shearing operations pursuant to this award, "ordinary-time earnings" shall mean the total amount of gross wages paid for the period of shearing.

(iv) "Union" means The Australian Workers' Union, New South Wales Branch.

(b) Employer Contributions - Subject to the rules of the fund, an employer shall contribute to the fund, in respect of each employee, an amount not less than three per cent of the employee's ordinary-time earnings calculated to the nearest ten cents.

(c) Employee Contributions - Subject to the rules of the fund, employees of a respondent employer who may wish to make contributions to the fund additional to those being paid pursuant to subclause (b) of this clause, shall be entitled to do so. Such employees may either forward their own contributions directly to the fund administrator or, where it is practicable to do so, authorise the employer to pay into the fund from the employee's wage an amount specified by the employee.

(d) Statement of Contributions - The employer shall provide to each employee a statement setting out the amount of contributions made on the employee's behalf into the fund, together with details of any authorised employer contributions made in accordance with subclause (b) of this clause. In the case of persons employed in shearing operations, such statement shall be provided at the completion of the relevant period of shearing. In the case of other employees, such statement shall be provided yearly, at the anniversary of their employment or membership of the fund.

(e) Exemptions - This clause shall not apply to employers who, as at 12 April 1989, had superannuation schemes existing within their company or business and who pay into such fund payments prescribed by subclause (b) of this clause.

71. DISPUTE PROCEDURE

The procedure for the resolution of industrial disputation will be in accordance with the following procedural steps:

(a) Procedure relating to a grievance of an individual employee:

(i) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

(ii) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(iii) Reasonable time limits must be allowed for discussion at each level of authority.

(iv) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(v) While a procedure is being followed, normal work must continue.

(vi) The employee may be represented by an industrial organisation of employees.

(b) Procedure relating to a dispute between an employer and their employees:

(i) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(ii) Reasonable time limits must be allowed for discussion at each level of authority.

(iii) While a procedure is being followed, normal work must continue.

(iv) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

72. EXHIBITION OF RATES

A copy of the rates to be paid under this award shall be made available by the employer at the place of employment for perusal by any employee applying for it.

73. RIGHT OF ENTRY

See Part 7 Chapter 5 of the Industrial Relations Act 1996.

74. SAFETY NET AND STATE WAGE CASE COMMITMENTS

(a) The rates of pay in this award include the adjustments payable under the State Wage Case 2005. These adjustments may be offset against:

(i) any equivalent over-award payments; and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

75. DEDUCTION OF UNION MEMBERSHIP FEES

(a) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

(i) the employee has authorised the employer to make such deductions in accordance with subclause (b) herein;

(ii) the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;

(iii) deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

(iv) there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

(b) The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

(c) Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

(i) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

(ii) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

(d) Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

(e) The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly, as the case may be. The Union shall give the employer a minimum of two months' notice of any such change.

(f) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

(g) Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of Union membership fees to cease.

(h) This clause shall take effect:

(i) In the case of employers who currently deduct Union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 11 April 2003.

(ii) In the case of employers who do not fall within paragraph (i) above, but who currently make deductions, other than Union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 11 July 2003.

(iii) For all other employers, from the beginning of the first pay period to commence on or after 11 October 2003.

76. AREA, INCIDENCE AND DURATION

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Pastoral Employees (State) Award published on 3 July 1998 (305 I.G. 757) and all variations thereof.

The award published 3 July 1998 took effect on and from the first full pay period commencing on or after 3 June 1997.

The award shall apply to all employees classified herein within the jurisdiction of the Pastoral Employees (State) Industrial Committee except:

(i) employees of the Crown;

(ii) jackeroos;

(iii) managers, overseers, engine drivers at shearing sheds, hutkeepers, bookkeepers, domestic cooks (as defined);

(iv) bona fide students of a recognised university or college who work as station hands during the course of their studies to gain experience in the industry.

Provided that this award shall apply to students engaged as shed hands or generally useful hands for shearing or crutching operations.

This award shall not apply to shearing demonstrations or shearing schools, provided that such demonstrations or schools are conducted on a non-profit making basis.

This award shall also apply to employees classified herein within the jurisdiction of the Strappers, Grooms and Stablehands (State) Conciliation Committee.

The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 28 April 1999 (310 I.G. 359) take effect on 22 October 2004.

This award remains in force until varied or rescinded, the period for which it was made already having expired.

Pastoral Employees (State) Industrial Committee

Industries and Callings

All employees who are employed in rural industries within the meaning of section 131 of the Industrial Arbitration Act 1940:

(1) upon pastoral holdings

(a) in connection with

(i) the management, rearing or grazing of horses, cattle, sheep or other livestock;

(ii) the sowing, raising or harvesting of fodder; or

(b) at other farm or station work; or

(2) upon farms, orchards, or agricultural or pastoral holdings in connection with -

(i) the shearing or crutching of sheep;

(ii) the scouring, sorting, or pressing of wool; or

(3) at clearing, fencing, trenching, draining, or otherwise preparing land for any of the abovementioned purposes;

within the State;

except sheep shearing machinery experts and wool classers.

PART B - MONETARY RATES
TABLE 1 - RATES OF PAY

The cook shall not be included when counting the average number of persons cooked for.

TABLE 2 - OTHER RATES AND ALLOWANCES

SCHEDULE A - AGREEMENTS

In the forms of agreement hereunder written, where the employment is at a "station" it shall apply to employment at a "shearing depot", such words being respectively substituted for the word "station" where the word occurs in the said form.

Agreement with Shearer/Crutcher

Agreement made the ............................day of ............................ 20.....................

between ........................... of ......................... (hereinafter called "the employer") and

between ............................ of ............................ (hereinafter called "the employee")

1. This agreement is subject to the Pastoral Employees (State) Award and shall, subject to the following provisions, be read as if all the terms and conditions of employment relating to the occupation of the employee and in force during the term of this agreement are incorporated herein.

2. The employee shall shear/crutch, with all reasonable despatch and in good and workmanlike manner, all the sheep which the employer shall require the employee to shear/crutch at the shearing shed and at the shearing/crutching beginning on the date specified herein and shown below.

3. The employee will be at the shearing shed ready to begin work on the date specified herein and shown below, and if the employee is not ready and willing to begin by noon on that date, the employer may treat the employee as having repudiated this agreement and shall not be bound to keep any pen open for the employee.

4. The total number of sheep to be shorn/crutched at the shearing/crutching will not be less than the minimum number or more than the maximum number specified herein and shown below, including not more than the stated number of studs.

5. The maximum number of shearers/crutchers to be employed shall not exceed the number specified herein and shown below.

6. The employer will be ready to commence shearing/crutching on the date specified herein and shown below and will, except as provided in the award, keep the employee fully supplied with sheep until the completion of the shearing/crutching.

7. The employer will pay the employee the minimum rates in force from time to time during the shearing/crutching under the Pastoral Employees (State) Award.

8. The employee will not/may (delete whichever does not apply) be required to work on a Saturday and/or Sunday where shearing does not take place during the preceding weekdays because the sheep are voted too wet to shear or are not presented for shearing pursuant to clause 40, Wet Sheep.

The employer shall give the employee reasonable notice prior to the weekend if the employer requires the employee to work on that weekend, pursuant to subclause (b) of clause 16, Hours of Work of Shearing Employees. Reasonable notice shall mean notice given prior to the completion of shearing on the Thursday except if sheep are voted wet during the first run on Friday, then providing immediate notice is given it shall be deemed reasonable.

Name of shearing shed ...........................................................................................

Date of shearing/crutching begins: The .................day of ............................ 20..........

Date employee to report: The .................day of ............................ 20..........

Shearing - Number of sheep to be shorn:

Not less than ....................minimum, not more than ....................maximum.

Including not more than ....................studs.

Crutching - Number of sheep to be crutched:

Not less than ....................minimum, not more than ....................maximum.

Maximum number of shearers/crutchers to be employed not to exceed ....................

Whether "found" or "not found" ....................

Signed by the said employer .....................................

in the presence of .....................................

Signed by the said employee .....................................

in the presence of .....................................

Agreement with Woolpresser - Shed Hand (Combined Duties)

Agreement made the .................day of ............................ 20..........

between ........................... of ......................... (hereinafter called "the employer") and

between ............................ of ............................ (hereinafter called "the employee")

1. This agreement is subject to the Pastoral Employees (State) Award and shall, subject to the following provisions, be read as if all terms and conditions of employment relating to the occupation of the employee and in force during the term of this agreement are incorporated herein.

2. The employee agrees with the employer to work as a woolpresser-shed hand in or about the shearing and at the shearing/crutching beginning on the date specified herein and shown below and will perform duties with all reasonable despatch and in a good and workmanlike manner.

3. The employee will work as a generally useful hand and as a woolpresser and will press all the wool short-crutched which the employer shall require the employee to press at the said operations and will also weigh, brand and stack any of the said wool if and as required by the employer.

4. The employee will be at the shearing shed ready to begin work on the date specified and shown below and if the employee is not ready and willing to begin by noon on that date the employer may treat the employee as having repudiated this agreement and may treat the employment as determined.

5. The total number of sheep to be shorn/crutched at the shearing/crutching will not be less than the minimum number or more than the maximum number specified herein and shown below, and the maximum number of shearers/crutchers to be employed shall not exceed the number specified herein and shown below.

6. Subject to the award, the employer will be ready to commence operation on the date specified herein and shown below.

7. The employer will pay the employee the minimum rates in force from time to time during the shearing/crutching under the Pastoral Employees (State) Award.

8. The employee will not/may (delete whichever does not apply) be required to work on a Saturday and/or Sunday where shearing does not take place during the preceding weekdays because the sheep are voted too wet to shear or are not presented for shearing pursuant to clause 40, Wet Sheep.

The employer shall give the employee reasonable notice prior to the weekend if the employer requires the employee to work on that weekend pursuant to subclause (b) of clause 16, Hours of Work of Shearing Employees. Reasonable notice shall mean notice given prior to the completion of shearing on the Thursday except if sheep are voted wet during the first run on Friday, then providing immediate notice is given it shall be deemed reasonable.

Name of shearing shed ...........................................................................................

Date shearing/crutching begins: The .................day of ............................ 20..........

Date employee to report: The .................day of ............................ 20..........

Number of sheep to be shorn/crutched:

Not less than ....................minimum, not more than ....................maximum.

Maximum number of shearers/crutchers to be employed not to exceed

Whether "found" or "not found" ....................

Signed by the said employer .....................................

in the presence of .....................................

Signed by the said employee .....................................

in the presence of .....................................

Agreement with Woolpresser

Agreement made the .................day of ............................ 20..........

between ........................... of ......................... (hereinafter called "the employer") and

between ............................ of ............................ (hereinafter called "the employee")

1. This agreement is subject to the Pastoral Employees (State) Award and shall, subject to the following provisions, be read as if all terms and conditions of employment relating to the occupation of the employee and in force during the term of this agreement are incorporated herein.

2. The employee agrees with the employer to work as a woolpressers at the shearing shed and at the shearing/crutching beginning on the date specified herein and shown below and will perform duties with all reasonable despatch and in a good and workmanlike manner.

3. The employee will, in conjunction with such other number of woolpressers specified herein and shown below, press all the wool shorn/crutched which the employer shall require them to press at the said operation and will also weigh, brand and stack any of the said wool if and as required by the employer.

4. The employee will be at the shearing shed ready to begin work on the date specified herein and shown below, and if the employee is not ready and willing to begin by noon on that date the employer may treat the employee as having repudiated this agreement and may treat the employment as determined.

5. The total number of sheep to be shorn/crutched at the shearing/crutching will be not less than the minimum or more than the maximum number specified herein and shown below, and the maximum number of shearers/crutchers to be employed shall not exceed the number specified herein and shown below.

6. Subject to the award, the employer will be ready to commence operations on the date specified herein and shown below.

7. The employment by the employer of the employee will be on the basis of piecework or timework, as specified herein and shown below.

8. The employer will pay the employee the minimum rates in force from time to time during the shearing/crutching under the Pastoral Employees (State) Award, including any extra rates prescribed therein for weighing, branding or stacking by a woolpresser who is so doing and among the woolpressers in equal shares for the work which they have respectively done.

9. The employee will not/may (delete which does not apply) be required to work on a Saturday and/or Sunday where shearing does not take place during the preceding weekdays because the sheep are voted too wet to shear or are not presented for shearing pursuant to clause 40, Wet Sheep.

The employer shall give the employee reasonable notice prior to the weekend if the employer requires the employee to work on that weekend pursuant to subclause (b) of clause 16, Hours of Work of Shearing Employees. Reasonable notice shall mean notice given prior to the completion of shearing on the Thursday except if sheep are voted wet during the first run on Friday, then, providing immediate notice is given, it shall be deemed reasonable.

Name of shearing shed ...........................................................................................

Date of shearing/crutching begins: The .................day of ............................ 20..........

Date employee to report: The .................day of ............................ 20..........

Number of sheep to be shorn/crutched:

Not less than ....................minimum, not more than ....................maximum.

Maximum number of shearers/crutchers to be employed not to exceed....................

Whether "found" or "not found" ....................

Signed by the said employer .....................................

in the presence of .....................................

Signed by the said employee .....................................

in the presence of .....................................

Agreement with Shed Hand

Agreement made the .................day of ............................ 20..........

between ........................... of ......................... (hereinafter called "the employer") and

between ............................ of ............................ (hereinafter called "the employee")

1. This agreement is subject to the Pastoral Employees (State) Award and shall, subject to the following provisions, be read as if all terms and conditions of employment relating to the occupation of the employee and in force during the term of this agreement are incorporated herein.

2. The employee agrees with the employer to work as a generally useful hand in or about the shearing/crutching beginning on the date specified herein and shown below and will perform duties with all reasonable despatch and in a good and workmanlike manner.

3. The employee will be at the shearing shed ready to begin work on the date specified herein and shown below, and if the employee is not ready and willing to begin by noon on that date the employer may treat the employee as having repudiated this agreement and may treat the employment as determined.

4. The total number of sheep to be shorn/crutched at the shearing/crutching will be not less than the minimum number or more than the maximum number specified herein and shown below, and the maximum number of shearers/crutchers to be employed shall not exceed the number specified herein and shown below.

5. Subject to the award, the employer will be ready to commence operations on the date specified herein and shown below.

6. The employer will pay the employee the minimum rates in force from time to time during the shearing/crutching under the Pastoral Employees (State) Award.

7. The employee will not/may (delete whichever does not apply) be required to work on a Saturday and/or Sunday where shearing does not take place during the preceding weekdays because the sheep are voted too wet to shear or are not presented for shearing pursuant to clause 39, Wet Sheep.

The employer shall give the employee reasonable notice prior to the weekend if the employer requires the employee to work on that weekend pursuant to subclause (b) of clause 16, Hours of Work of Shearing Employees. Reasonable notice shall mean notice given prior to the completion of shearing on the Thursday, except if sheep are voted wet during the first run on Friday, then providing immediate notice is given it shall be deemed reasonable.

Name of shearing shed ...........................................................................................

Date of shearing/crutching begins: The .................day of ............................ 20..........

Date employee to report: The .................day of ............................ 20..........

Number of sheep to be shorn/crutched:

Not less than ....................minimum, not more than ....................maximum.

Maximum number of shearers/crutchers to be employed not to exceed....................

Whether "found" or "not found" ....................

Signed by the said employer .....................................

in the presence of .....................................

Signed by the said employee .....................................

in the presence of .....................................

Agreement with Cook

Agreement made the .................day of ............................ 20..........

between ........................... of ......................... (hereinafter called "the employer") and

between ............................ of ............................ (hereinafter called "the employee")

1. This agreement is subject to the Pastoral Employees (State) Award and shall, subject to the following provisions, be read as if all terms and conditions of employment relating to the occupation of the employee and in force during the term of this agreement are incorporated herein.

2. The employee agrees with the employer to work as a cook at the shearing shed and at the shearing/crutching beginning on the date specified herein and shown below and will perform duties with all reasonable despatch and in a good and workmanlike manner.

3. The employee will be at the shearing shed ready to begin work on the date and time specified herein and shown below. If the employee is not ready and willing to begin work by the time fixed for the commencement of shearing the employer may treat the employee as having repudiated this agreement and may treat the employment as determined.

4. The total number of sheep to be shorn/crutched at the shearing/crutching will be not less than the minimum number or more than the maximum number specified herein and shown below, and the maximum number of shearers/crutchers to be employed shall not exceed the number specified herein and shown below.

5. The total number of persons for whom the employee is to cook will not be less than the minimum number or more than the maximum number specified herein and shown below.

6. Subject to the award, the employer will be ready to commence operations on the date specified herein and shown below.

7. The employee will cook for a wholly "found" mess or a joint mess as specified herein and shown below.

8. The employer will pay the employee the minimum rates "found", in force from time to time, during the shearing/crutching under the Pastoral Employees (State) Award.

9. The employee will not/may (delete whichever does not apply) be required to work on a Saturday and/or Sunday where shearing does not take place during the preceding weekdays because the sheep are voted too wet to shear or are not presented for shearing pursuant to clause 40, Wet Sheep.

The employer shall give the employee reasonable notice prior to the weekend if the employer requires the employee to work on that weekend pursuant to subclause (b) of clause 16, Hours of Work of Shearing Employees. Reasonable notice shall mean notice given prior to the completion of shearing on the Thursday except if sheep are voted wet during the first run on Friday, then, providing immediate notice is given, it shall be deemed reasonable.

Name of shearing shed ...........................................................................................

Date shearing/crutching begins: The .................day of ............................ 20..........

Date and time employee to begin work:

The .................day of ............................ 20..........at ....................a.m./p.m.

Total number of persons for whom the employee is to cook:

Not less than ....................not more than ....................

Whether mess is wholly "found" or joint mess ....................

Number of sheep to be shorn/crutched:

Not less than ....................minimum, not more than.maximum....................

Maximum number of shearers/crutchers to be employed not to exceed....................

Signed by the said employer .....................................

in the presence of .....................................

Signed by the said employee .....................................

in the presence of .....................................

SCHEDULE B - FORMULAE

SCHEDULE C - ECONOMIC INCAPACITY

(1) Employers listed in this Schedule have been granted a postponement in the payment of wages and allowance increases flowing from the State Wage Case 2005 Decision in respect of employees engaged pursuant to Section II - Station Hands, of the award due to adverse economic circumstances as a consequence of drought. The list can be added to or subtracted from at any time subject to a ruling of the Industrial Relations Commission of New South Wales. The postponement commences from the date the application is approved until 1 August 2006 subject to the capacity to make a further application at that time.

(2) Applications will be dealt with by the Industrial Relations Commission of New South Wales in accordance with the process outlined in the decision of Vice President Ross of the Australian Industrial Relations Commission in PR 940769 (19 November 2003) on the proviso that any reference in that decision to industrial tribunals, industrial provisions or principles in the jurisdiction of the Commonwealth of Australia shall be read as referring, where practicable, to its State counterpart in New South Wales.

(3) The wages to be paid by the employers listed in the Schedule relate to Section II - Station Hand employees. The following wage rates and allowances correspond to the relevant clauses in this award:

(4) The Commission has approved the application to postpone wage and allowance increases in accordance with clauses 1 and 2 of this Schedule to the following employers: Employer Name Employer Address Operative Date

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