AP789236 - Manufacturing Industry Sector Minimum Wage Order

- Victoria 1997

This Fair Work Australia consolidated award incorporates all amendments up to and including 1 August 2005 (variation PR960847).

Clauses affected by the most recent amendment(s) are:

5. Minimum wage rates

Attachment 1 - Classification Matrix

About this Award:
Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and 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.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.


AP789236 [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.501 application for a minimum wage order

Victorian Trades Hall Council
(C No. 31322 of 1997)

SECTOR C - MANUFACTURING INDUSTRY

Various employees Manufacturing industry

VICE PRESIDENT ROSS SYDNEY, 15 AUGUST 1997

Minimum wage order for certain Victorian employees

ORDER

A. Pursuant to s.501 of the Workplace Relations Act 1996 and the decision of Vice President Ross on 29 April 1997 (Print P0458), the following minimum wage order is made for employees who are employed in the State of Victoria who are not subject to a federal award, a certified agreement or an AWA.

1. TITLE

This order may be referred to as the Manufacturing Industry Sector Minimum Wage Order - Victoria 1997.

2. ARRANGEMENT

[2 amended by PR949457]

This order is arranged as follows:

1. Title
2. Arrangement [PR949457]
3. Definitions
4. Application

4.1 Food, beverage or tobacco

4.2 Textile, clothing, footwear and/or leather manufacturing

4.3 Wood or paper product manufacturing

4.4 Petroleum, coal, chemical and/or associated product manufacturing

4.5 Non-metallic mineral product manufacturing

4.6 Metal product manufacturing

4.7 Machinery and/or equipment manufacturing

4.8 Other manufacturing

5. Minimum wage rates [PR960847]

5.1 General

5.2 Adult full-time and part-time wage rates

5.3 Adult casual wage rates

5.4 Junior full-time, part-time and casual wage rates

5.5 Apprentice wage rates

5.6 Employees who are paid on a piece-rate basis

5.7 Definitions from the expired Newsvendors Award

5A. Supported wage system [PR949457]

5A.2 Eligibility criteria

5A.3 Supported wage rates

5A.4 Assessment of capacity

5A.5 Lodgment of assessment instrument

5A.6 Review of assessment

5A.7 Other terms and conditions of employment

5A.8 Workplace adjustment

5A.9 Trial period

6. Classifications

6.1 Manufacturing employee level 1

6.2 Manufacturing employee level 2

6.3 Manufacturing employee level 3

6.4 Manufacturing employee level 4

6.5 Manufacturing employee level 5

6.6 Manufacturing employee level 6

6.7 Manufacturing employee level 7

6.8 Manufacturing employee level 8

6.9 Manufacturing employee level 9

6.10 Attachment a - classification matrix

7. Further applications may be made

Attachment 1 - Classification Matrix [PR960847]

3. DEFINITIONS

In this order:

3.1 Expired state award means an award, order or decision of the Victorian Industrial Relations Commission, published as an award pursuant to the (repealed) Industrial Relations Act 1979 (Vic), which was in force on 1 March 1993 and expired on 1 March 1993 pursuant to (then) s.172(6) of the Employee Relations Act 1992 (Vic).

4. APPLICATION

The Manufacturing Industry Sector applies to any industry in the State of Victoria mainly engaged in manufacturing and which incorporates:

4.1 Food, beverage or tobacco

4.1.1 Meat and/or meat product manufacturing

4.1.1(a) Meat processing;

4.1.1(b) Poultry processing;

4.1.1(c) Bacon, ham and/or smallgoods manufacturing.

4.1.2 Dairy product manufacturing

4.1.2(a) Milk and/or cream processing;

4.1.2(b) Ice cream manufacturing;

4.1.2(c) Dairy product manufacturing.

4.1.3 Fruit and/or vegetable processing

4.1.4 Oil and/or fat manufacturing

4.1.5 Flour mill and/or cereal food manufacturing

4.1.5(a) Flour mill product manufacturing;

4.1.5(b) Cereal food and/or baking mix manufacturing.

4.1.6 Bakery product manufacturing

4.1.6(a) Bread manufacturing;

4.1.6(b) Cake and/or pastry manufacturing;

4.1.6(c) Biscuit manufacturing.

4.1.7 Other food manufacturing

4.1.7(a) Sugar manufacturing;

4.1.7(b) Confectionery manufacturing;

4.1.7(c) Seafood processing;

4.1.7(d) Prepared animal and/or bird feed manufacturing;

4.1.7(e) Food manufacturing not elsewhere classified in this sector.

4.1.8 Beverage or malt manufacturing

4.1.8(a) Soft drink, cordial and/or syrup manufacturing;

4.1.8(b) Beer and/or malt manufacturing;

4.1.8(c) Wine manufacturing;

4.1.8(d) Spirit manufacturing.

4.1.9 Tobacco product manufacturing

4.2 Textile, clothing, footwear and/or leather manufacturing

4.2.1 Textile fibre, yarn and/or woven fabric manufacturing

4.2.1(a) Wool scouring;

4.2.1(b) Synthetic fibre textile manufacturing;

4.2.1(c) Cotton textile manufacturing;

4.2.1(d) Wool textile manufacturing;

4.2.1(e) Textile finishing.

4.2.2 Textile product manufacturing

4.2.2(a) Made-up textile product manufacturing;

4.2.2(b) Textile floor covering manufacturing;

4.2.2(c) Rope, cordage and/or twine manufacturing;

4.2.2(d) Textile product manufacturing not elsewhere classified in this sector.

4.2.3 Knitting mills

4.2.3(a) Hosiery manufacturing;

4.2.3(b) Cardigan and/or pullover manufacturing;

4.2.3(c) Knitting mill product manufacturing not elsewhere classified in this sector.

4.2.4 Clothing manufacturing

4.2.4(a) Men’s and boys’ wear manufacturing;

4.2.4(b) Women’s and girls’ wear manufacturing;

4.2.4(c) Sleepwear, underwear and/or infant clothing manufacturing;

4.2.4(d) Clothing manufacturing not elsewhere classified in this sector.

4.2.5 Footwear manufacturing

4.2.6 Leather or leather product manufacturing

4.2.6(a) Leather tanning and/or fur dressing;

4.2.6(b) Leather and/or leather substitute product manufacturing.

4.3 Wood or paper product manufacturing

4.3.1 Log sawmilling and/or timber dressing

4.3.1(a) Log sawmilling;

4.3.1(b) Wood chipping;

4.3.1(c) Timber resawing and/or dressing.

4.3.2 Other wood product manufacturing

4.3.2(a) Plywood and/or veneer manufacturing;

4.3.2(b) Fabricated wood manufacturing;

4.3.2(c) Wooden structural component manufacturing;

4.3.2(d) Wood product manufacturing not elsewhere classified in this sector.

4.3.3 Paper and/or paper product manufacturing

4.3.3(a) Pulp, paper and/or paperboard manufacturing;

4.3.3(b) Solid paperboard container manufacturing;

4.3.3(c) Paper bag and/or sack manufacturing;

4.3.3(d) Paper product manufacturing not elsewhere classified in this sector.

4.3.4 Printing and/or service to printing

4.3.4(a) Paper stationary manufacturing;

4.3.4(b) Printing;

4.3.4(c) Services to printing.

4.3.5 Publishing

4.3.5(a) Newspaper printing or publishing;

4.3.5(b) Other periodical publishing;

4.3.5(c) Book and/or other publishing.

4.3.6 Recorded media manufacturing and/or publishing

4.4 Petroleum, coal, chemical and/or associated product manufacturing

4.4.1 Petroleum refining

4.4.2 Petroleum and/or coal product manufacturing not elsewhere classified in this sector

4.4.3 Basic chemical manufacturing

4.4.3(a) Fertiliser manufacturing;

4.4.3(b) Industrial gas manufacturing;

4.4.3(c) Synthetic resin manufacturing;

4.4.3(d) Organic industrial chemical manufacturing not elsewhere classified in this sector;

4.4.3(e) Inorganic industrial chemical manufacturing not elsewhere classified in this sector.

4.4.4 Other chemical product manufacturing

4.4.4(a) Explosive manufacturing;

4.4.4(b) Paint manufacturing;

4.4.4(c) Medicinal and/or pharmaceutical product manufacturing;

4.4.4(d) Pesticide manufacturing;

4.4.4(e) Soap and/or other detergent manufacturing;

4.4.4(f) Cosmetic and/or toiletry preparation manufacturing;

4.4.4(g) Ink manufacturing;

4.4.4(h) Chemical product manufacturing not elsewhere classified in this sector.

4.4.5 Rubber product manufacturing

4.4.5(a) Rubber tyre manufacturing;

4.4.5(b) Rubber product manufacturing not elsewhere classified in this sector.

4.4.6 Plastic product manufacturing

4.4.6(a) Plastic blow moulded product manufacturing;

4.4.6(b) Plastic extruded product manufacturing;

4.4.6(c) Plastic bag and/or film manufacturing;

4.4.6(d) Plastic product rigid fibre reinforced manufacturing;

4.4.6(e) Plastic foam product manufacturing;

4.4.6(f) Plastic injection moulded product manufacturing.

4.5 Non-metallic mineral product manufacturing

4.5.1 Glass and/or glass product manufacturing

4.5.2 Ceramic manufacturing

4.5.2(a) Clay brick manufacturing;

4.5.2(b) Ceramic product manufacturing;

4.5.2(c) Ceramic tile and pipe manufacturing;

4.5.2(d) Ceramic product manufacturing not elsewhere classified in this sector.

4.5.3 Cement, lime, plaster and/or concrete product manufacturing

4.5.3(a) Cement and/or lime manufacturing;

4.5.3(b) Plaster product manufacturing;

4.5.3(c) Concrete slurry manufacturing;

4.5.3(d) Concrete pipe and/or box culvert manufacturing;

4.5.3(e) Concrete product manufacturing not elsewhere classified in this sector.

4.5.4 Non-metallic mineral product manufacturing not elsewhere classified in this sector

4.6 Metal product manufacturing

4.6.1 Iron and/or steel manufacturing

4.6.1(a) Basic iron and/or steel manufacturing;

4.6.1(b) Iron and/or steel casting and forging;

4.6.1(c) Steel pipe and/or tube manufacturing.

4.6.2 Basic non-ferrous metal manufacturing

4.6.2(a) Aluminia production;

4.6.2(b) Aluminium smelting;

4.6.2(c) Copper, silver, lead and/or zinc smelting, refining;

4.6.2(d) Basic non-ferrous metal manufacturing not elsewhere classified in this sector.

4.6.3 Non-ferrous basic metal product manufacturing

4.6.3(a) Aluminium rolling, drawing, extruding;

4.6.3(b) Non-ferrous metal rolling, drawing, extruding not elsewhere classified in this sector;

4.6.3(c) Non-ferrous metal casting.

4.6.4 Structural metal product

4.6.4(a) Structural steel fabricating;

4.6.4(b) Architectural aluminium product manufacturing;

4.6.4(c) Structural metal product manufacturing not elsewhere classified in this sector.

4.6.5 Sheet metal product manufacturing

4.6.5(a) Metal container manufacturing;

4.6.5(b) Sheet metal product manufacturing not elsewhere classified in this sector.

4.6.6 Fabricated metal product manufacturing

4.6.6(a) Hand tool and/or general hardware manufacturing;

4.6.6(b) Spring and/or wire product manufacturing;

4.6.6(c) Nut, bolt, screw and/or rivet manufacturing;

4.6.6(d) Metal coating and/or finishing;

4.6.6(e) Non-ferrous pipe fitting manufacturing;

4.6.6(f) Fabricated metal product manufacturing not elsewhere classified in this sector.

4.7 Machinery and/or equipment manufacturing

4.7.1 Motor vehicle and/or part manufacturing

4.7.1(a) Motor vehicle manufacturing;

4.7.1(b) Motor vehicle body manufacturing;

4.7.1(c) Automotive electrical and/or instrument manufacturing;

4.7.1(d) Automotive component manufacturing not elsewhere classified in this sector.

4.7.2 Other transport equipment manufacturing

4.7.2(a) Shipbuilding;

4.7.2(b) Boat building;

4.7.2(c) Railway equipment manufacturing;

4.7.2(d) Aircraft manufacturing;

4.7.2(e) Transport equipment manufacturing not elsewhere classified in this sector.

4.7.3 Photographic and/or scientific equipment manufacturing

4.7.3(a) Photographic and/or optical good manufacturing;

4.7.3(b) Medical and/or surgical equipment manufacturing;

4.7.3(c) Professional and/or scientific equipment manufacturing not elsewhere classified in this sector.

4.7.4 Electronic equipment manufacturing

4.7.4(a) Computer and/or business machine manufacturing;

4.7.4(b) Telecommunication, broadcasting and/or transceiving equipment manufacturing;

4.7.4(c) Electronic equipment manufacturing not elsewhere classified in this sector.

4.7.5 Electrical equipment and/or appliance manufacturing

4.7.5(a) Household appliance manufacturing;

4.7.5(b) Electric cable and/or wire manufacturing;

4.7.5(c) Battery manufacturing;

4.7.5(d) Electric light and/or sign manufacturing;

4.7.5(e) Electrical and equipment manufacturing not elsewhere classified in this sector.

4.7.6 Industrial machinery and/or equipment manufacturing

4.7.6(a) Agricultural machinery manufacturing;

4.7.6(b) Mining and/or construction machinery manufacturing;

4.7.6(c) Food processing machinery manufacturing;

4.7.6(d) Machine tool and/or part manufacturing;

4.7.6(e) Lifting and/or material handling equipment manufacturing;

4.7.6(f) Pump and/or compressor manufacturing;

4.7.6(g) Commercial space heating and/or cooling equipment manufacturing;

4.7.6(h) Industrial machinery and/or equipment manufacturing not elsewhere classified in this sector.

4.8 Other manufacturing

4.8.1 Prefabricated building manufacturing

4.8.1(a) Prefabricated metal building manufacturing;

4.8.1(b) Prefabricated building manufacturing not elsewhere classified in this sector.

4.8.2 Furniture manufacturing

4.8.2(a) Wooden furniture and/or upholstered seat manufacturing;

4.8.2(b) Sheet metal furniture manufacturing;

4.8.2(c) Mattress manufacturing (except rubber);

4.8.2(d) Furniture manufacturing not elsewhere classified in this sector.

4.8.3 Other manufacturing

4.8.3(a) Jewellery and/or silverware manufacturing;

4.8.3(b) Toy and/or sporting good manufacturing;

4.8.3(c) Manufacturing not elsewhere classified in this sector.

5. MINIMUM WAGE RATES

5.1 General

5.1.1 These rates of pay must be read in conjunction with the Workplace Relations Act 1996.

5.1.2 An employee who has been continuously employed since before 1 March 1993 may be entitled to higher minimum terms and conditions of employment provided by an expired state award and should refer to Part 1 of Schedule 1A of the Workplace Relations Act 1996.

5.1.3 The hourly rates shown below are based on a working week of up to 38 hours.

5.1.4 No existing employee shall suffer a reduction in his or her rate of pay as a result of the making of this order.

5.1.5 The casual rates provided below include but are not limited to payment in advance for annual leave and sick leave. An employee who is not paid the casual rate of pay remains entitled to the minimum terms and conditions of employment provided in Schedule 1A of the Workplace Relations Act 1996.

5.2 Adult full-time and part-time wage rates

5.2.1 No adult employee in this Sector shall be paid less than either:

5.2.1(a) the rate prescribed for Manufacturing Employee Level 1 or

5.2.1(b) the appropriate rate for the highest classification into which work performed by the employee falls, whichever is the greater.

5.2.2

[5.2.2 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.3 Adult casual wage rates

[5.3 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

[5.3.1 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.3.1 Except for employees whose work was or would have been as at 1 March 1993 subject to the Bagmakers’ Award, Bread Trade Award, Clerical and Administrative Employees’ Award, Cork Trade Award, Flock Award, Grocers’ Sundries Award, Ice Cream Award, Meat Preservers and Vegetable Oil Processors Award, Photographic Industry Award and Tea Packing Award, who will be entitled to the following minimum hourly rates of pay:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.4 Junior full-time, part-time and casual wage rates

5.4.1 The minimum hourly wage rates outlined below shall only be applicable to categories of work which were as at 1 March 1993, subject to junior rates of pay under any expired state award.

5.4.2 Expired state awards which did not provide for junior rates of pay include the Watchmakers’ Award.

[5.4.3 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.3 The minimum hourly wage rates for employees performing work which was or would have been, as at 1 March 1993, subject to the Metal Industry (Skilled) Award, the Metal Industry (Non-Skilled) Award, the Agricultural Implements Award, the Jewellers’ Award, the Optical Award and the Watch Cases Award are as follows:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.4 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.4 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Biscuit Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.5 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.5 Minimum hourly wage rates for junior employees who have been employed for less than 12 months by their employer performing work which falls within Level 3 or Level 4 of this Order level and which was or would have been, as at 1 March 1993 subject to the Clerical and Administrative Employees’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.6 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171; corrected by PR923632; substituted by PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.6 The minimum rates for junior employees who have been employed for more than 12 months by their employer performing work which falls within Level 3 or Level 4 of this Order and which was, or would have been, as at 1 March 1993, subject to the Clerical and Administrative Employees’ Award, are as follows:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.7 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.7 The minimum rates for junior employees performing work which falls within Level 5 of this Order and which was, or would have been, as at 1 March 1993, subject to the Clerical and Administrative Employees’ Award, are as follows:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.8 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.8 Minimum hourly wage rates for junior employees performing work which was, or would have been, as at 1 March 1993 subject to the Carters’ and Drivers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.9 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.9 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Vehicle Building Industry Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.10 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.10 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Drafting, Production, Planning and Technical Workers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.11 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.11 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Graphic Arts Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.12 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.12 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Furnishing Trades Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.13 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.13 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Textile Industry Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.14 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.14 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993, subject to the Clothing Trades Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.15 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.15 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Saddlery, Leather and Canvas Workers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.16 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.16 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Commercial Travellers’ and Market Researchers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.17 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.17 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993, subject to the Butchers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.18 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.18 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Plastic Moulding Award and the Rubber Trade Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.19 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.19 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Photographic Industry Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.20 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.20 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Confectioners’ Award, except that juniors upon reaching 18 years of age who have completed 3 months’ continuous service with the same employer shall be paid the appropriate adult rate for the class of work performed:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.21 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.21 Minimum hourly wage rates for junior employees performing work which was or would have been, as at 1 March 1993 subject to the Plaster of Paris Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

[5.4.22 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.4.22 If other junior employees are engaged to perform work of a kind which was or would have been subject to an expired state award as at 1 March 1993 which provided for junior rates of pay, the following hourly rates of pay shall apply:

5.5 Apprentice wage rates

[5.5 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171 PR935227 PR949457; PR960847 ppc 01Aug05]

5.5.1 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Metal Trades (Skilled) Award or the Vehicle Building Industry Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.2 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Footwear Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.3 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Saddlery, Leather and Canvas Workers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.4 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Woodworkers’ Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.5 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Bread Trade Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.6 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Clothing Trades Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.7 Minimum hourly wage rates for apprentices performing work which was, or would have been, as at 1 March 1993 subject to the Graphic Arts Award:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.]

5.5.8 If other apprentices are engaged to perform work of a kind which was or would have been, as at 1 March 1993, subject to an expired state award which provided for apprentice rates of pay, the following hourly rates of pay shall apply:

5.6 Employees who are paid on a piece-rate basis

5.6.1 Any employee who is employed by an industry engaged mainly in meat and/or meat manufacturing may be paid on a piece rate basis. The minimum rates of pay which applies to such employees are those provided in Appendix 3 of the Federal Meat Industry (Processing) Award 1996 [F0512] (Print N7479), as varied from time to time.

5.6.2 An employee may be engaged on a piece-rate basis provided that the work performed by the employee was subject to, as at 1 March 1993, the Metal Industry (Skilled) Award, the Metal Industry (Non-Trades) Award, the Watchmakers Award, the Saddlery, Leather and Canvas Workers’ Award, the Jewellers’ Award, the Woodworkers’ Award or the Graphic Arts Award. Subject to the minimum wages provided for adult full-time or part-time employees in this Order, an employer may remunerate any of his or her employees under any system of payment by results based on rates which will enable workers of average capacity working in ordinary conditions to earn at least 12.5 per cent in excess of their hourly.

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249]

5.6.3 An employee may be engaged on a piece-rate basis provided that the work performed by the employee was subject to, as at 1 March 1993, the Grocers’ Sundries Award. Subject to the minimum wages provided for adult full-time or part-time employees in this Order, an employer may remunerate any of his or her employees under any system of payment by results based on rates which will enable workers of average capacity working in ordinary conditions to earn at least 15 per cent in excess of their hourly rates. Adults and juniors doing the same operations shall be paid the same piecework rates.

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249]

5.6.4 An employee may be engaged on a piece-rate basis provided that the work performed by the employee was subject to, as at 1 March 1993, the Textile Award, the Clothing Award or the Cordage Award. Subject to the minimum wages provided for adult full-time or part-time employees in this Order, an employer may remunerate any of his or her employees under any system of payment by results based on rates which will enable workers of average capacity working in ordinary conditions to earn at least 20 per cent in excess of their hourly rates. Adults and juniors doing the same operations shall be paid the same piecework rates.

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249]

5.6.5 An employee may be engaged on a piece-rate basis provided that the work performed was subject to, as at 1 March 1993, the Tanning Industry Award, the Footwear Award, the Agricultural Implements Award, the Brick Trade Award, the Pottery Award, the Roofing Tiles Award, the Vehicle Building Industry Award or the Fire Brick and Refractories Award. The piecework rates shall be fixed at rates which would enable an employee of average capacity working in ordinary conditions to earn at least 10 per cent above the appropriate rate for the class of work performed.

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249]

[5.6.6 substituted by P9516 Q6608 R9497 T0445 PR907888 PR921171; corrected by PR923632; sustituted by PR935227 PR949457; PR960847 ppc 01Aug05]

5.6.6 An employee may be paid on a piece-rate basis provided that the work performed by the employee was or would have been, as at 1 March 1993, subject to the Newsvendors Award. The piece-rates, which include payment in advance for annual leave, are as follows:

[The Australian Industrial Relations Commission has published a statement which outlines the scope of the expired state awards referred to in this order: see Print P3249.

Note: The formula used to adjust these piece-rates is to calculate the percentage increase to Retail Trade Employee Level 6 in the Retail Trade Industry Sector Minimum Wage Order, and then apply that percentage increase to the following rates - i.e. 3.75% in respect of the 2004 minimum wage adjustment.]

5.6.6(a) Rate for delivery or distribution within any part of Victoria of:

5.6.6(a)(i) Daily and/or periodicals

5.6.6(a)(i)(A) Monday to Saturday (inclusive) $5.60 per 100

With a minimum payment of $2.92 for each morning and each evening on which he/she is required to deliver or distribute.

5.6.6(a)(i)(B) Sunday $9.47 per 100

With a minimum payment of $5.07

5.6.6(a)(ii) Free newspapers $5.07 per 100

With a minimum payment of $5.07

5.6.6(a)(iii) Other printed matter

5.6.6(a)(iii)(A) Single sheet folded or unfolded $40.44 per 1000

5.6.6(a)(iii)(B) All other At the rate prescribed for free newspapers

5.6.6(b) Rate to be paid in the sale of:

5.6.6(b)(i) Daily newspapers

5.6.6(b)(i)(A) Within the city area $6.09 per 100

5.6.6(b)(i)(B) Elsewhere $4.60 per 100

5.6.6(b)(ii) Newspapers on Sunday

5.6.6(b)(ii)(A) Within the city area $8.57 per 100

5.6.6(b)(ii)(B) Elsewhere $6.34 per 100

5.6.6(b)(iii) Periodicals Percentage of amount obtained from sales

5.6.6(b)(iii)(A) Within the city area 16-2/3%

5.6.6(b)(iv)(B) Elsewhere 12-1/2%

5.6.6(b)(iv) Sports programmes (including race books or cards)

5.6.6(b)(iv)(A) Within the city area 12-1/2%

5.6.6(b)(iv)(B) Elsewhere 12-1/2%

5.6.6(b)(v) Other printed matter

5.6.6(b)(v)(A) Within the city area 16-2/3%

5.6.6(b)(v)(B) Elsewhere 12-1/2%

5.6.6(c) Provided that any person employed by a wholesale agent (as defined) shall be paid the rate of 24 per cent of the amount obtained from the sales of periodicals.

5.6.7 The rates prescribed by this clause shall apply individually and separately to each item of printed matter where more than one item of printed matter is delivered, distributed or sold together (whether or not one or more is an insert in another item of printed matter); except where the items are issued together by a publisher and intended for distribution or sale together.

[For the calculation of future increases to the above piece rates for newsvendors, calculate the increase to Retail Trade Employee Level 6 in the Retail Trade Industry Sector Minimum Wage Order (Print P3855) and then apply to the above rates]

5.7 Definitions from the expired Newsvendors Award

5.7.1 City Area means the area including, and enclosed by, the following boundaries-the north side of the River Yarra from the western point of Melbourne Park to Spencer Street Bridge. Spencer Street (including all public thoroughfares on the railway station) to Latrobe Street, the south side of Latrobe Street to Victoria Street. Victoria Street from Latrobe Street to Spring Street, and the west side of Spring Street, from Victoria Street to the Jolimont railway yards.

5.7.2 Wholesale Agent means any distributor of daily newspaper and/periodicals who issues, distributes, or sells such papers and/or periodicals from a distributing depot only and who does not normally make retail sales direct to members of the general public from such depot.

5.7.3 Periodicals means any publications other than daily newspapers, Sunday newspapers and free newspapers.

5A. SUPPORTED WAGE SYSTEM

[5A inserted by PR949457 ppc 01Aug04]

5A.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this minimum wage order. In the context of this clause, the following definitions will apply:

5A.1.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at the full relevant minimum wage because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

5A.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

5A.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

5A.1.4 Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

5A.2 Eligibility criteria

5A.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this minimum wage order, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

5A.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this minimum wage order relating to the rehabilitation of employees who are injured in the course of their employment.

5A.2.3 This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.

5A.3 Supported wage rates

5A.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this order for the class of work which the person is performing according to the following schedule:

5A.3.2 Provided that the minimum amount payable shall be not less than $61 per week.

5A.3.3 * Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

5A.4 Assessment of capacity

For the purpose of establishing the percentage of the minimum rate to be paid to an employee under this minimum wage order, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

5A.4.1 The employer and a union party to this minimum wage order, in consultation with the employee or, if desired by any of these;

5A.4.2 The employer and an accredited assessor from a panel agreed by the parties to this minimum wage order and the employee.

5A.5 Lodgment of assessment instrument

5A.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the minimum wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

5A.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the minimum wage order, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

5A.6 Review of assessment

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

5A.7 Other terms and conditions of employment

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

5A.8 Workplace adjustment

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

5A.9 Trial period

5A.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

5A.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

5A.9.3 The minimum amount payable to the employee during the trial period shall be no less than $61 per week.

5A.9.4 Work trials should include induction or training as appropriate to the job being trialled.

5A.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 5A.4 hereof.

6. CLASSIFICATIONS

6.1 Manufacturing Employee Level 1

6.1.1 Performance of work at this level involves work performed under direct supervision and the exercise of minimal judgement. Workers are usually in the process of acquiring or learning work related competencies including basic communication skills, numeracy, knowledge of quality assurance and occupational health and safety.

6.1.2 This work classification also includes all employees performing work which was not or would not have been, as at 1 March 1993:

6.1.2(a) within the scope and jurisdiction of an award under the Employee Relations Act 1992; and

6.1.2(b) governed by a classification of work in that award, and all employees not elsewhere classified in a work classification in this industry sector.

6.2 Manufacturing Employee Level 2

6.2.1 This classification level relates to work performed under direct supervision or guidance either in a team or individually. Work would typically include established routines and procedures. Limited judgement would be expected to be applied within a defined range (eg repetition work on machinery or assembly of components using basic instructions) of contexts and variables.

6.2.2 In addition to possessing the skills of a Manufacturing Employee Level 1 an employee at this level will have successfully completed structured training or will possess comparable additional knowledge and skills standards.

6.3 Manufacturing Employee Level 3

6.3.1 This classification level relates to work performed under routine supervision or general guidance either in a team or individually. Work would typically involve the exercise of judgement in relation to interrelated variables, for example the operation of machinery, the choice of appropriate equipment, tools or setting quality control and the like, and would include a level of autonomy for routine outcomes.

6.3.2 Performance of work at this level will require an employee to have successfully completed a formal training course beyond that required for Manufacturing Employee Level 2 or to have successfully completed on the job training accredited to an equivalent competency standard or to have experience deemed to be equivalent.

6.3.3 This is the entry point for clerical employees.

6.4 Manufacturing Employee Level 4

6.4.1 This classification level relates to work performed under limited supervision or guidance either in a team or individually. Work would typically involve working from complex instructions and procedures, assisting in the provision of on the job training, assuring the quality of his/her own work. An employee at this level would be accountable for his/her own work and would have sound communication skills.

6.4.2 Indicative skills are contained in the matrix attached to this order. Work would typically involve an ability to train others by personal instruction and demonstration.

6.4.3 Performance of work at this level will require an employee to have successfully completed a formal training course beyond that required for a Manufacturing Employee Level 3, or to have successfully completed on the job training accredited to an equivalent competency standard, or to have experience deemed to be equivalent.

6.4.4 Transport employees would require a licence beyond introductory level.

6.5 Manufacturing Employee Level 5

6.5.1 This classification relates to work performed under limited supervision or guidance. Work would typically require the application of skills and knowledge in complex but routine situations where discretion and judgement are involved. Planning for the task, selection of equipment and appropriate procedures from known options, and responsibility for the work of others are also typical.

6.5.2 Performance of work at this level will require an employee to have successfully completed a formal trade training course beyond that required for a Manufacturing Employee Level 4, or to have successfully completed on the job training accredited to an equivalent competency standard, or to have experience deemed to be equivalent.

6.6 Manufacturing Employee Level 6

6.6.1 This classification level relates to work requiring the provision of guidance and assistance to others, or which is self directed. Work would typically require the application of skills and knowledge which is either of depth in a particular area, or which requires the integration of a broad range of skills. Work may be of a non-routine nature requiring the application of skills and knowledge to new but predictable situations.

6.6.2 Performance of work at this level will require an employee to have successfully completed a formal training course beyond that required for a Manufacturing Employee Level 5, such as a post-trade TAFE course, or to have successfully completed on the job training accredited to an equivalent competency standard, or to have experience deemed to be equivalent.

6.7 Manufacturing Employee Level 7

6.7.1 This classification will require the exercise of skills attained through satisfactory completion of the training prescribed. An employee at this level is able to provide guidance and assistance as part of a work team and training in conjunction with supervisors and trainers. An employee at this level understands and implements quality control techniques and works under limited supervision either individually or in a team environment, and applies detailed knowledge of the industry in which the organisation operates to complex issues and arrangements.

6.7.2 An employee at this level requires a post-trade certificate from a TAFE institution or experience deemed to be equivalent.

6.8 Manufacturing Employee Level 8

6.8.1 This classification level relates to work requiring the application of initial professional scientific skills and knowledge of limited scope and complexity. In assisting a more senior professional scientist, the employee will draw upon advanced techniques and methods learned during and after the undergraduate degree.

6.8.2 This classification also includes an Administrative Officer and the performance of clerical and administrative duties involving the responsibility and accountability for an employee’s own work and in some cases, the work of a section or unit. Work at this level involves the exercise of initiative, discretion and judgement. Employees may be required to train other employees by means of personal instruction and demonstration.

6.8.3 The skills and knowledge required to perform work at this level would be gained in an undergraduate three year degree or equivalent.

6.9 Manufacturing Employee Level 9

6.9.1 This classification level relates to work requiring the application of initial professional engineering or scientific skills and knowledge of limited scope and complexity. Work would typically involve a minor role in phases of a broader assignment. In assisting a more senior professional engineer or scientist, and the employee will draw upon advanced techniques and methods learned during and after the undergraduate degree.

6.9.2 The skills and knowledge required to perform work at this level would be gained in an undergraduate four year degree or equivalent.

6.10 Attachment A - Classification Matrix

Where doubt exists about an employee’s correct classification, guidance may be obtained from the matrix set out in Attachment A to this Order. The matrix may be amended from time to time by application to the Commission.

7. FURTHER APPLICATIONS MAY BE MADE

Nothing in this order prevents any party from making further application pursuant to s.501 of the Workplace Relations Act 1996, to set or adjust the minimum wages for employees, other than employees who are subject to an award, a certified agreement or an AWA.

ATTACHMENT 1 - CLASSIFICATION MATRIX

[Attach 1 varied by PR921171; corrected by PR923632; varied by PR935227 PR949457; PR960847 ppc 01Aug05]

1. Manufacturing Employee Level 1

2. Manufacturing Employee Level 2

3. Manufacturing Employee Level 3

4. Manufacturing Employee Level 4

5. Manufacturing Employee Level 5

6. Manufacturing Employee Level 6

7. Manufacturing Employee Level 7

8. Manufacturing Employee Level 8

9. Manufacturing Employee Level 9

** end of text **