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Pastoral Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 August 2023 (PR763232).
Clause(s) affected by the most recent variation(s):
6—Requests for flexible working arrangements
22—Parental leave and related entitlements
28—Dispute resolution
35—Overtime and penalty rates
43—Overtime
49—Overtime and public holidays
Table of Contents
[Varied by PR746868, PR747352, PR750514]
39. Continuous work hours—Ordinary hours and roster cycles for shiftworkers...................... 54
40. Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers..... 55
56. Hours of work and overtime rates for shed hands and Woolpresser-shed hands................ 86
Part 1—Application and Operation of this Award
1.1 This industry award is the Pastoral Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR734194]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 18.2(a)).
broadacre field crops means grains, seeds, grasses, silage, legumes, fibre, flowers, and other crops grown as part of a broadacre mixed farming enterprise.
broadacre mixed farming enterprise:
· means a farming enterprise consisting of the growing of broadacre field crops as defined;
· includes the rearing, management, and grazing of livestock;
· means a farming enterprise which combines both; or
· means a farming enterprise which in addition to any of the above grows other crops, for the purposes of crop rotation or the rearing, management, and grazing of livestock as part of a mixed farming enterprise.
[Definition of casual employee inserted by PR734194 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
casual pieceworker means a Shearer, Crutcher or Woolpresser engaged as a casual employee and paid the piecework rates in accordance with Part 9—Shearing Operations.
crutching includes all the operations for which rates are prescribed in this award. The meanings of the words crutch, Crutcher and crutched are similarly extended.
cut out means the completion of the shearing or crutching of the last sheep shorn or crutched at the termination of the shed.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
double-fleeced means a sheep carrying 2 years’ fleece.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
expeditionary employee means a woolclasser or Shearing shed expert who commences on the day as agreed for commencing shearing and resides on the property for the duration of the shearing. Expeditionary employees are entitled to free board and lodging.
experience in the industry means all and any experience in the industry as described in clause 4.2 of this award.
farm and livestock hand means an employee performing the work described in the classifications which apply to such work in Part 6—Broadacre Farming and Livestock Operations of this award and who is not a piggery attendant, poultry worker or any employee classified under Part 9—Shearing Operations.
found employees are employees who are supplied with up to 5 meals per day during the course of shearing or crutching; such meals are to be provided by the employer together with suitable accommodation.
keep is where a farm and livestock hand is employed on the ‘with keep’ rate as prescribed in this award, ‘keep’ will mean good and sufficient living accommodation and good and sufficient rations of sufficient quantity; sound, well-cooked and properly served by the cook or the cook’s offsider; but it will not include accommodation under a roof or cooking when circumstances render such accommodation or cooking impracticable.
livestock means all animals used in primary production including insects.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clauses 32, 37, 47 and 51—Minimum rates plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
pastoral industry has the meaning given in clause 4.2.
piggery attendant means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of pigs, and who performs duties described in the classifications in Part 7—Pig Breeding and Raising of this award.
poultry worker means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of poultry, and who performs duties described in the classifications in Part 8—Poultry Farming of this award.
ram stags are rams that have been castrated when they are 18 months or older.
rams are male sheep that are more than 6 months old.
shearing is where:
· the employee takes off the belly wool first and lays it aside, and, when required by the employer, the employee shears over the tail when shearing the first side; and
· in opening the fleece at the neck and belly, the machine or both blades of the shears will be kept under the wool and close to the skin, so as to avoid twice cutting and where the employee does not run the machine or shears through the fleece so as to break it down the centre or the back.
shearing cook means an employee who cooks for 6 or more employees who are engaged for shearing or crutching operations.
shearing shed expert or expert means an employee who is competent to perform experting duties at a shearing shed as described in clause 50.8 in accordance with the requirements of the employer or a representative (such requirements to be specified at the time of engagement).
shed means shearing shed or, in relation to crutching work performed other than at a shed, the property, station or location where crutching work is or will be undertaken.
silviculture and afforestation means planting, pruning, fertilising and any other activity in or in connection with the establishment or cultivation of trees in forests.
standard rate means the hourly rate payable to a farm and livestock hand level 2 in clause 32.1.
station cook means an employee who cooks for station hands and/or other station personnel.
stud ewes are ewes with tags in their ears from which rams are bred for sale or station use. The term does not include ewes of the flock which have tags in their ears for the purpose of identification other than for stud purposes.
wet place means a place where the clothing of the employee becomes wet or a place where the employee has to stand in water or slush so that the employee’s footwear becomes saturated.
woolclasser means a person who is registered as such and who is employed in or in conjunction with a shearing operation. A woolclasser who performs the additional duty of shearing shed experting at the one shearing will, for the purposes of this award, be deemed to be employed as a woolclasser and not as an expert.
woolpresser means a person who presses wool shorn or crutched; weighs, brands and stores the wool; presses and closes the bales; and performs additional duties as directed.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award applies to employers throughout Australia in the pastoral industry and their employees in the classifications set out in this award to the exclusion of any other modern award.
4.2 Pastoral industry means all employers and employees who are engaged in or in connection with:
(a) the management, breeding, rearing or grazing of livestock or poultry;
(b) the shearing and crutching of sheep and the classing and pressing of wool on farms;
(c) dairying;
(d) hatchery work;
(e) the sowing, raising or harvesting of broadacre field crops and other crops grown as part of a broadacre mixed farming enterprise;
(f) the treatment of land for any of these purposes; or
(g) clearing, fencing, well sinking, dam sinking or trenching on such farms or properties.
(a) the Aquaculture Industry Award 2020, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;
(b) the Horticulture Award 2020;
(c) the Seafood Processing Award 2020, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;
(d) the Silviculture Award 2020, except where carried on as a part of a broadacre mixed farming enterprise;
(e) the Sugar Industry Award 2020; and
(f) the Wine Industry Award 2020.
4.4 This award does not cover:
(a) employees excluded from award coverage by the Act.
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.5 This award covers any employer which supplies labour on an on-hire basis in the pastoral industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award covers employers which provide group training services for trainees engaged in the pastoral industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763232 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 28—Dispute resolution and/or under section 65B of the Act.
[Varied by PR734194]
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
[7.2 varied by PR734194 from 27Sep21]
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
10.3 |
Part-time employment |
An individual |
|
11.4 |
Casual employment |
An individual |
|
12.2(b) |
Meal break |
An individual |
|
12.3(b) |
Rest break |
An individual |
|
20.2 |
Annual leave—conversion to hourly entitlement |
The majority of employees |
|
20.9 |
Annual leave in advance |
An individual |
|
20.12 |
Cashing out of annual leave |
An individual |
|
25.2 |
Substitution of certain public holidays by agreement at the enterprise |
An individual |
|
35.6 |
Broadacre Farming and Livestock Operations—Time off instead of payment for overtime |
An individual |
|
38.1(b) |
Ordinary hours and roster cycles (for non-shiftworkers)—Maximum hours in certain periods (span of hours) |
An individual |
|
38.1(c) |
Ordinary hours and roster cycles (for non-shiftworkers)—Maximum hours in certain periods (method of implementing a 38 hour week) |
The majority of employees |
|
39.3 |
Continuous work hours—Ordinary hours and roster cycles for shiftworkers—Maximum hours in certain periods |
The majority of employees |
|
39.4 |
Continuous work hours—Ordinary hours and roster cycles for shiftworkers—Length of shifts |
The majority of employees |
|
40.2 |
Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers—Maximum hours in certain periods |
The majority of employees |
|
40.3 |
Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers—Length of shifts |
The majority of employees |
|
41.2 |
Rostering shifts—Employer and employees may agree to change shift span by up to one hour |
The majority of employees |
|
41.3 |
Rostering shifts—Varying method of working shifts by agreement |
The majority of employees |
|
43.9 |
Pig Breeding and Raising—Time off instead of payment for overtime |
An individual |
|
45.3 |
Payment for public holidays |
The majority of employees |
|
49.2 |
Poultry Farming—Time off instead of payment for overtime |
An individual |
|
51.9(d)(iv) |
Minimum rates—Woolclassers and Shearing shed experts |
An individual |
|
53.1(e) |
Fares and travelling allowances for expeditionary employees |
An individual |
|
54.2(a) |
Hours of work for Shearers and Crutchers |
The majority of employees |
|
54.4(a) |
Special conditions regarding the hours of work of Shearers and Crutchers |
An individual |
Part 2—General Employment Conditions
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.
8.3 Farm and livestock hand at shearing or crutching
(a) Subject to clause 8.3(b), during any time an employee engaged on a weekly basis under Part 6—Broadacre Farming and Livestock Operations is employed in shearing or crutching operations of the principal employer, Part 9—Shearing Operations will not apply.
(i) Clause 8.3(a) will not apply to any farm and livestock hand engaged by the week who:
· works in the employer’s shearing shed; and
· who has been engaged by the employer during the period commencing one week before the actual shearing or crutching begins; and
· who is discharged during the week after the shearing or crutching actually ends.
(ii) In the circumstances set out in clause 8.3(b)(i), the employee will be paid station hand rates when performing work covered by Part 6—Broadacre Farming and Livestock Operations of this award and shearing rates when performing work covered by Part 9—Shearing Operations of this award.
9.1 A full-time employee is an employee who is engaged to work an average of 38 hours per week over a 4 week period.
9.2 A full-time employee must be provided with a written statement setting out their classification, applicable rate of pay and terms of engagement.
10.1 A part-time employee is an employee who:
(a) is engaged to work less than an average of 38 hours per week over a 4 week period;
(b) has reasonably predictable hours of work; and
(c) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(a) the hours worked each day;
(b) which days of the week the employee will work; and
(c) the actual starting and finishing times each day.
10.4 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
10.5 A part-time employee employed under the provisions of clause 10 must be paid for ordinary hours worked at the ordinary hourly rate prescribed for the class of work performed.
Subject to clause 10.7, an employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.
(a) the employee is engaged to perform the work of a dairy operator; and
(b) the employee is 18 years of age or younger; and
(c) the employee is a full-time secondary school student.
[Varied by PR723940, PR734194]
[11.1 deleted by PR734194 from 27Sep21]
[11.2 deleted by PR734194 from 27Sep21]
[11.3 renumbered as 11.1 by PR734194 from 27Sep21]
11.1 An employer when engaging a casual must inform the employee that they are employed as a casual, stating:
(a) by whom the employee is employed;
[11.1(b) deleted by PR734194 from 27Sep21]
[11.1(c) renumbered as 11.1(b) by PR734194 from 27Sep21]
(b) their classification level; and
[11.1(d) renumbered as 11.1(c) by PR734194 from 27Sep21]
(c) their rate of pay.
[11.4 renumbered as 11.2 by PR734194 from 27Sep21]
(a) Shearers, Crutchers and Woolpressers engaged as casual pieceworkers will be paid piecework rates in accordance with Part 9—Shearing Operations.
(b) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.
(c) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.
11.3 Casual loading
[11.5 renumbered as 11.3 by PR734194 from 27Sep21]
[11.3(a) varied by PR723940 ppc 20Nov20]
(a) For each ordinary hour worked a casual employee, other than a casual pieceworker, must be paid:
(i) the ordinary hourly rate prescribed for the class of work performed; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.
[11.3(c) inserted by PR723940 ppc 20Nov20]
(c) When a casual employee works overtime, they must be paid the overtime rates in clauses 35.2, 43.2, and 49.1(b).
[11.6 renumbered as 11.4 by PR734194 from 27Sep21]
[11.7 renumbered as 11.5 by PR734194 from 27Sep21]
(a) Subject to clause 11.5(b), an employer must pay a casual employee, other than a casual pieceworker, for a minimum of 3 hours’ work at the appropriate rate for each occasion on which the employee is required to attend for work, even if the employee is only required to work for a shorter time.
(i) the employee is engaged to perform the work of a dairy operator; and
(ii) the employee is aged 18 years of age or younger; and
(iii) the employee is a full-time secondary school student.
11.6 Offers and requests for casual conversion
[New 11.6 inserted by PR734194 from 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 28—Dispute resolution.
[11.8 deleted by PR734194 from 27Sep21]
12.1 The following provisions will apply to all employees other than:
(a) employees engaged in shearing operations, who are entitled to the breaks prescribed in Part 9—Shearing Operations; and
(b) piggery attendants engaged as shiftworkers, who are entitled to the breaks prescribed in Part 7—Pig Breeding and Raising.
(c) All work performed on the instruction of the employer during a recognised meal break will be paid for at 200% of the ordinary hourly rate. Payment will continue at this rate until the employee is released for a meal break of not less than 30 minutes.
(a) Employees will be allowed a paid rest break of 10 minutes each morning.
13.1 An employee engaged for more than 2 hours during one day or shift on duties carrying a higher minimum rate than their ordinary classification must be paid the higher minimum rate for the day or shift.
13.2 If the employee works at the higher classification for 2 hours or less during one day or shift, they must be paid the higher minimum rate for the time worked at the higher classification.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
[Varied by PR729290, PR740716, PR762145]
15.1 Schedule E to the Miscellaneous Award 2020 sets out minimum rates and conditions for employees undertaking traineeships.
[15.2 varied by PR729290, PR740716, PR762145 ppc 01Jul23]
15.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Pastoral Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
Wages must be paid weekly or fortnightly according to the hours worked each week or fortnight, or according to the applicable piecework payment.
16.2 Method of payment
Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
16.3 Payment on termination of employment
(a) If the employment of an employee terminates, the employer must pay an employee the following amounts in accordance with this clause:
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The amounts described at clause 16.3(a)(i) must be paid to the employee:
(i) By cash or cheque on the day of termination or forwarded to the employee by post on the next working day; or
(ii) By electronic funds transfer no later than 7 days after the day on which the employee’s employment terminates.
(c) The amounts described at clause 16.3(a)(ii) must be paid to the employee:
(i) By cash or cheque on the day of termination or forwarded to the employee by post as soon as reasonably practicable and by no later than 7 days after the day on which the employee’s employment terminates; or
(ii) By electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.
(d) The requirement to pay wages and other amounts under clause 16.3 is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.3(d) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
17. Annualised wage arrangements
17.1 Annualised wage instead of award provisions
(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 17.1(c), of any or all of the following provisions of the award:
(i) clauses 32, 37, and 47—Minimum rates;
(ii) clauses 18 and 33—Allowances and special allowances;
(iii) clause 34.3—Ordinary hours of work and rostering (Broadacre Farming and Livestock Operations);
(iv) clause 35, 43 and 49—Overtime and penalty rates;
(v) clause 42—Penalty rates for shiftwork (Pig Breeding and Raising);
(vi) clause 20.5—Annual leave loading;
(vii) clause 44—Saturdays and Sundays (Pig Breeding and Raising); and
(viii) clauses 35.5, 45 and 49.3—Public holidays.
(b) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 17.1(b)(iv) such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.
(e) The agreement may be terminated:
(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(ii) at any time, by written agreement between the employer and the individual employee.
17.2 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 17.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
17.3 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in the Minimum wage provisions of either clause 32 or clause 37 or clause 47 and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
[Varied by PR724570, PR729290, PR729479, PR740716, PR740884, PR762145, PR762308]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) leading hand allowance (clause 18.2(b)); and
(ii) first aid allowance (clause 18.2(c)).
[18.2(b)(i) varied by PR729290, PR740716, PR740716, PR762145 ppc 01Jul23
(i) A leading hand in charge of 2 or more people must be paid as follows:
|
In charge of |
$ per week |
|
2–6 employees |
26.71 |
|
7–10 employees |
31.13 |
|
11–20 employees |
44.37 |
|
More than 20 employees |
55.75 |
(ii) The allowance contained in clause 18.2(b)(i) will apply to part-time employees on a pro rata basis.
[18.2(c) varied by PR729290, PR740716, PR762145 ppc 01Jul23]
An employee appointed by their employer to perform first aid duty as required in addition to their usual duties, and holding a current recognised first aid qualification, such as one from St John Ambulance or similar body, must be paid an allowance of $3.25 per day.
18.3 Expense-related allowances
(a) Tool and equipment allowance
(i) If the employer requires employees to supply their own tools and equipment, employees must be reimbursed for the cost of supplying those tools and equipment.
(ii) The provisions of clause 18.3 do not apply where the tools and equipment are paid for by the employer.
(i) Where an employee is required to travel from one place to another for the purpose of work, the time occupied in travelling will be counted as time worked and paid for as such.
(ii) Time spent by an employee travelling from the employee’s home to the principal place of employment and return will not be regarded as time worked.
(iv) The provisions of clause 18.3(b) will not apply where the employer provides the employee with suitable accommodation free of charge.
[18.3(c) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
An employee will be paid an allowance of $0.95 per kilometre when instructed by the employer to use their own vehicle during working hours to relocate materials, equipment, or personnel either within the normal work location or on public thoroughfares.
[18.3(d)(i) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
(i) An employee required to work overtime for more than 1.5 hours after working ordinary hours will be supplied with a suitable meal free of cost by the employer or paid $15.73 for the first and any subsequent meals.
[18.3(d)(ii) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
(ii) An employee required to work overtime for more than 2 hours after the employee’s ordinary finishing time without having been notified before leaving work on the previous day that they will be required to work overtime:
· will be allowed a meal break not later than 2 hours after commencing overtime;
· will be allowed a meal break every 5 hours after the first meal break, for as long as the overtime continues; and
· will be provided with a suitable meal free of cost by the employer for each meal break or paid a meal allowance of $15.73 for each meal not supplied.
(e) Reimbursement of expenses
An employer who authorises an employee to incur expenses in the course of their employment, will reimburse the employee the expense upon provision of a tax invoice and receipt.
(f) Wet weather clothing and footwear
(i) An employee who is required to work in a wet place must be provided with protective clothing and footwear by the employer.
(ii) If an employee who is required to work in a wet place is not provided with protective clothing and footwear, the employer will reimburse the employee for the reasonable cost of providing their own protective clothing and footwear.
(iii) If protective clothing and footwear is provided and paid for by the employer, it will remain the property of the employer.
(iv) ‘Wet place’ is defined in clause 2—Definitions.
(ii) The provisions of clause 18.3(g)(i) do not apply where the protective clothing is paid for by the employer.
(iii) Any protective clothing that is paid for by the employer remains the property of the employer.
(h) Charges for accommodation, meat, goods, and services
(i) If the employer provides an employee with living premises for the use of a “without keep” employee and the employee’s household, the employer may charge an amount agreed between them in writing for the use of the premises and/or power supplied to the premises.
(ii) The employer may charge to an employee:
· the cost of goods or services supplied to the employee at the employee’s request and paid for by the employer; and
· the cost of goods purchased by the employer for the employee at the employee’s request.
(iii) If the employer supplies an employee with meat, the employer may charge the employee an amount mutually agreed upon.
(iv) If the employer sells groceries or stores to the employee, the prices charged must not exceed the cost price with carriage added.
19.1 Superannuation legislation
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.
19.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to one of the following superannuation funds or its successor:
(a) Prime Super;
(b) CareSuper;
(c) AustSafe Super;
(d) AustralianSuper;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 3—Leave, Public Holidays and Other NES Entitlements
20.1 Annual leave is provided for in the NES.
20.2 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to 4 weeks’ annual leave (4 weeks x 38 hours per week)).
20.3 Payment for period of annual leave
(b) Clause 20.3(a) will apply instead of the base rate of pay as referred to in section 90(1) of the Act.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
20.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 20, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
An employee must also be paid a loading calculated on the wages prescribed by this award. The loading must be as follows:
(a) Other than shiftworkers
(ii) Where an employee is rostered to work ordinary weekly hours on days which attract penalty rates and the employee would have earned a greater amount than the amount provided in clause 20.5(a)(i) but for the period of leave then the employee will be paid the amount they would have earned for the ordinary hours worked instead of the 17.5% loading.
(b) Shiftworkers
An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed by this award or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.
20.6 Excessive leave accruals: general provision
NOTE: Clauses 20.6 to 20.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.
(c) Clause 20.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.7 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 20.7(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 20.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.7(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 20.7(d) may result in the direction ceasing to have effect. See clause 20.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
20.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 20.8(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 20.7(a) that, when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 20.8(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 20.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 20.8(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 20.9 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 20.9 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.9, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
20.10 Transfer of business
Where a business is transferred from one employer to another, employees formerly employed by the old employer will be deemed to have served any applicable probationary period with that employer. Employees will not be required to serve any probationary period for any purpose in relation to their employment with the new employer.
20.11 Proportionate leave on termination
On termination of employment, an employee must be paid for leave accrued (including shift loadings) that has not been taken at the appropriate rate calculated in accordance with this award.
20.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.12.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 20.12 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 20.12 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 20.12 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.12.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.12.
NOTE 3: An example of the type of agreement required by clause 20.12 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
21. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
22. Parental leave and related entitlements
[22 varied by PR763232 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 28—Dispute resolution and/or under section 76B of the Act.
23. Community service leave
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750514 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747352]
25.1 Public holiday entitlements are provided for in the NES.
25.2 Substitution of certain public holidays by agreement at the enterprise
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
25.3 Employees required to work on a public holiday will be paid in accordance with clauses 35.5, 45, 49.3 or 57.
[25.4 deleted by PR747352 ppc14Nov22]
Part 4—Consultation and Dispute Resolution
26. Consultation about major workplace change
26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
26.2 For the purposes of the discussion under clause 26.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).
26.5 In clause 26 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763232]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.
28.8 While procedures are being followed under clause 28 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763232 ppc 01Aug23]
NOTE 1: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763232 ppc 01Aug23]
NOTE 2: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 5—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
29.1 Notice of termination by an employee
(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 29.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
30.1 Transfer to lower paid duties on redundancy
(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
30.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 30.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 30.3(b).
(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
Part 6—Broadacre Farming and Livestock Operations
31.1 Farm and livestock hand level 1 (FLH1)
An employee at this level includes:
(a) Station hand with less than 12 months’ experience in the industry;
(b) Station cook;
(c) Station cook’s offsider; and
(d) Cattle farm worker grade A who:
· works under direct supervision either individually or in a team environment;
· understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults; and
· understands and utilises basic statistical process control procedures.
Indicative of the tasks which an employee at this grade may perform are the following:
· routine mustering;
· routine fence repairs;
· aerial stock sighting;
· repetitive packing and/or unpacking; and
· kitchen/cooking assistance not involving food preparation.
(e) Feedlot employee level 1 with less than 3 months’ experience in the industry.
(f) Dairy operator grade 1A with less than 12 months’ experience in the industry who:
· uses their knowledge and skills to perform set procedures such as milking and attending to livestock, haymaking, fencing.
Indicative of the tasks which an employee at this level may perform are the following:
· operate milking plant and equipment in a safe manner;
· identify and report equipment not operating normally;
· work co-operatively as part of a team;
· read and record instrument information i.e. milk vat temperatures and cow numbers; and
· understand the principles of safe working.
31.2 Farm and livestock hand level 2 (FLH2)
An employee at this level includes:
(a) Cattle farm worker grade B who:
· performs work above and beyond the skills of a cattle farm worker grade A and to the level of their training;
· is responsible for the quality of their own work subject to routine supervision;
· works under routine supervision either individually or in a team environment; and
· exercises discretion within their level of skills and training.
Indicative of the tasks which an employee at this level may perform are the following:
· receive, check, despatch and record goods received and sent;
· assist a tradesperson;
· basic non-trades daily maintenance of equipment used by the employee;
· sort and cut out stock;
· sort and brand yarded stock;
· fence repairs;
· kitchen/cooking assistance not involving unsupervised food preparation;
· boundary riding;
· forklift, overhead crane, winch or tractor operation; and
· household domestic work other than childcare or child education.
(b) Feedlot employee grade 1 with more than 3 months’ experience in the industry who:
· works under direct supervision with regular checking of their work.
Indicative of the tasks which an employee at this level may perform are the following:
· perform cattle handling procedures;
· perform cattle health and welfare procedures;
· assist with euthanasing livestock;
· assist with performance of cattle post-mortem procedures;
· transport, handle and store chemicals applicable to primary work area;
· prepare and apply chemicals applicable to primary work area;
· operate moving plant and equipment competently and efficiently;
· perform grain processing procedures;
· perform feed manufacture and delivery procedures;
· perform hygiene and housekeeping procedures associated with the primary work area;
· perform feedlot and environment maintenance procedures;
· possess understanding of industry quality assurance programs and all site operating procedures; and
· carry out workplace work health and safety procedures.
31.3 Farm and livestock hand level 3 (FLH3)
An employee at this level includes:
· has at least 12 months’ experience in the industry as a station hand; but
· does not conform to the definition of senior station hand (FLH5) in clause 31.5.
(b) Dairy operator grade 1B with 12 months’ experience in the industry who:
· uses their knowledge and skills to perform set procedures such as milking and attending to livestock, haymaking, fencing.
Indicative of the tasks which an employee at this level may perform are the following:
· operate milking plant and equipment, in a safe manner;
· identify and report equipment not operating normally;
· work co-operatively as part of a team;
· read and record instrument information i.e. milk vat temperatures and cow numbers; and
· understands the principles of safe working.
31.4 Farm and livestock hand level 4 (FLH4)
An employee at this level includes:
(a) Feedlot employee level 2 who:
· has 2 years’ experience in the feedlot industry; and
· works under routine supervision with intermittent checking of their work.
Indicative of the tasks which an employee at this level may perform are the following:
· utilise ability to make independent work decisions at this level;
· perform cattle handling procedures;
· perform cattle health and welfare procedures;
· euthanase livestock;
· perform cattle post-mortem procedures;
· select livestock for specific markets;
· transport, handle and store chemicals applicable to primary work area;
· prepare and apply chemicals applicable to primary work area;
· operate moving plant and equipment competently and efficiently;
· perform grain processing procedures;
· perform feed manufacture and delivery procedures;
· perform hygiene and housekeeping procedures associated with the primary work area;
· perform feedlot and environment maintenance procedures;
· possess understanding of industry quality assurance programs and all site operating procedures; and
· carry out workplace work health and safety procedures.
31.5 Farm and livestock hand level 5 (FLH5)
An employee at this level includes:
(a) Dairy operator grade 2 who:
· has 2 years’ experience in the industry;
· uses their knowledge and skills to multiple operations involving basic levels of problem solving and decision making; and
· has an appreciation of the overall processes involved in a dairy farm.
Indicative of the tasks which an employee at this level may perform are the following:
· operate milking plant and equipment, undertake multiple functions, produce a quality outcome e.g. farm machinery;
· maintain machinery, undertake adjustments and size changes;
· solve problems and make decisions within given guidelines;
· know general scientific terminology and assist with processes such as machine repair, artificial insemination, fertiliser mix design etc.;
· operate standard measuring equipment;
· operate computerised systems using menu options;
· contribute to the team in a specific role, providing input and assisting other team members; and
· work at times without supervision.
(b) Senior station hand is an employee who:
· has at least 2 years’ experience in the industry; and
· is capable of performing efficiently without supervision any of the tasks reasonably required of them.
Indicative of the tasks which an employee at this level may perform are the following:
· drive, maintain and operate farm vehicles and machinery;
· animal husbandry;
· stock handling;
· irrigation work; and
· use of chemicals.
31.6 Farm and livestock hand level 6 (FLH6)
An employee at this level includes:
(a) Feedlot employee level 3 who:
· has Certificate III qualifications;
· has worked in the feedlot industry for at least 2 years; and
· works with limited supervision with checking of their work related to overall progress.
Indicative of the tasks which an employee at this level may perform are the following:
· utilise ability to make independent work decisions;
· utilise Certificate III qualifications daily in the employee’s primary work area;
· perform cattle handling procedures;
· perform cattle health and welfare procedures;
· euthanase livestock;
· perform cattle post-mortem procedures;
· select livestock for specific markets;
· transport, handle and store chemicals applicable to primary work area;
· prepare and apply chemicals applicable to primary work area;
· operate moving plant and equipment competently and efficiently;
· perform grain processing procedures;
· perform feed manufacture and delivery procedures;
· perform hygiene and housekeeping procedures associated with the primary work area;
· perform feedlot and environment maintenance procedures;
· possess understanding of industry quality assurance programs and all site operating procedures; and
· carry out workplace work health and safety procedures.
31.7 Farm and livestock hand level 7 (FLH7)
An employee at this level includes:
(a) Senior dairy operator grade 1 who:
· uses their knowledge and skills to coordinate the operation of a farm process or area of expertise e.g. milking and animal attendance, pasture and farm maintenance, breeding programs and artificial insemination area.
Indicative of the tasks which an employee at this level may perform are the following:
· overview of all farm operations;
· show strong planning and organising abilities, develop work plans to achieve objectives;
· operate computer equipment and software packages requiring set-up and basic function operation;
· maintain equipment requiring modification, part replacement and overhauls;
· gather information, generate a range of options and implement a course of action to solve problems;
· demonstrate a comprehensive understanding of the dairy industry monitoring the industry through literature;
· use measuring equipment requiring calibration and measurement conversion;
· use established scientific processes in at least one area of specification;
· co-operate with other team members, establish priorities and work goals; and
· work with others to develop their competencies.
(b) Feedlot employee level 4 who:
· has Certificate III qualifications;
· has worked in the feedlot industry for at least 2 years; and
· works with limited supervision with checking of their work related to overall progress.
Indicative of the tasks which an employee at this level may perform are the following:
· utilise ability to make independent work decisions;
· utilise Certificate III qualifications daily in the employee’s primary work area;
· perform cattle handling procedures (where livestock operation is the primary work area);
· perform cattle health and welfare procedures (where livestock operation is the primary work area);
· euthanase livestock (where livestock operation is the primary work area);
· perform cattle post-mortem procedures (where livestock operation is the primary work area);
· select livestock for specific markets;
· transport, handle and store chemicals applicable to primary work area;
· prepare and apply chemicals applicable to primary work area;
· operate moving plant and equipment competently and efficiently;
· perform grain processing procedures (where feeding and milling operations is the primary work area);
· perform feed manufacture and delivery procedures (where feeding and milling operations is the primary work area);
· perform hygiene and housekeeping procedures associated with the primary work area;
· perform feedlot and environment maintenance procedures (where feedlot and environment maintenance operations is the primary work area);
· possess understanding of industry quality assurance programs and all site operating procedures;
· carry out workplace work health and safety procedures.
31.8 Farm and livestock hand level 8 (FLH8)
An employee at this level includes:
(a) Senior dairy operator grade 2 who:
· under the direction of the owner or manager uses their expertise and skills in order to supervise and maintain the operation of a dairy farm.
Indicative of the tasks which an employee at this level may perform are the following:
· set and monitor work goals;
· anticipate potential problems/issues and determine the best course of action;
· approach the resolution of conflict using objectivity and reason, differentiating between the two;
· supervise other grades;
· where appropriate, seek to develop team performance and cohesion, taking into account competencies and the needs of team members;
· keep abreast of dairy industry trends and changes;
· where necessary, exercise foresight in relation to farm needs and make recommendations to farm management; and
· operate scientific processes necessary to achieve farm objectives.
[Varied by PR724570, PR729290, PR729479, PR740716, PR740884, PR762145, PR762308]
32.1 Adult rates
[32.1 varied by PR729290, PR740716, PR762145 ppc 01Jul23]
The following rates apply to adult farm and livestock hands classified under clause 31—Classifications of this award:
|
Wage group |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
FLH1 |
859.30 |
22.61 |
|
FLH2 |
882.80 |
23.23 |
|
FLH3 |
895.00 |
23.55 |
|
FLH4 |
914.90 |
24.08 |
|
FLH5 |
930.70 |
24.49 |
|
FLH6 |
945.00 |
24.87 |
|
FLH7 |
995.00 |
26.18 |
|
FLH8 |
1069.10 |
28.13 |
32.2 Junior rates
|
Age of employee |
% of relevant adult rate |
|
Under 16 years |
50 |
|
16 years |
60 |
|
17 years |
70 |
|
18 years |
80 |
|
19 years |
90 |
|
20 years |
100 |
[32.3 varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
If keep is provided then the employer may deduct an amount of $150.16 per week from the employee’s total weekly wages.
NOTE: See Clause B.2 for a summary of hourly rates of pay including overtime and penalty rates.
[Varied by PR724570, PR729290, PR729479, PR740716, PR740884, PR762145, PR762308]
NOTE 1: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
NOTE 2: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
[33.1(a) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
(a) $8.71 for the horse; and
[33.1(b) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
33.2 The allowance specified in clause 33.1(b) is not payable where the employer has reimbursed the employee for the cost of the saddle.
33.3 When a station hand is required by the employer to provide their own dog which is used as a cattle or sheep dog for station purposes, the employer will pay to the employee:
(a) an allowance mutually agreed upon for each dog; and
[33.4 varied by PR729290, PR740716, PR762145 ppc 01Jul23]
33.4 Employees will be paid $3.95 per day in addition to their ordinary rate for each day upon which they are engaged:
(a) in or in connection with jetting or spraying of sheep, if they mix the poison or handle the nozzle; or
(b) in swabbing sheep for more than 3 days in any one week.
34. Ordinary hours of work and rostering
34.1 The average ordinary working hours for a farm and livestock hand will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.
(a) A cook who is required to work for more than 5.5 days in any one week will be paid, in addition to the weekly wage of this award, the following overtime rates:
(i) for work on 6 full days—an amount of 3/22nds of the appropriate weekly rate;
(ii) for work on 6 full days and one half day—an amount equal to 3/11ths of the appropriate weekly rate; or
(iii) for work on 7 full days—an amount equal to 9/22nds of the appropriate weekly rate.
(b) No overtime will be worked nor will an employee perform work on the employee’s day and/or half day off without the permission of or under the instructions of the employer or their authorised representative.
35. Overtime and penalty rates
[Varied by PR723940, PR763232]
35.1 All time worked by an employee in excess of the ordinary hours in clause 34—Ordinary hours of work and rostering will be regarded as overtime.
[35.2 varied by PR723940 ppc 20Nov20]
35.2 The rate of pay for overtime for a farm and livestock hand will be:
|
For overtime worked |
Overtime
rate % ordinary hourly rate |
Overtime
rate % of ordinary hourly rate |
|
Monday to Saturday |
150 |
175 |
|
Sunday—feeding and watering stock |
150 |
175 |
|
Sunday—other than feeding and watering stock |
200 |
225 |
[Note inserted by PR723940 ppc 20Nov20]
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 35.2.
35.3 No employee will be entitled to payment for overtime, or equivalent time off instead, unless:
(a) the employee makes a claim to the employer or their authorised representative either within 2 weeks after the overtime is alleged to have been performed; or
(b) by the next date of payment of the employee’s wages,
whichever is the later.
35.4 Overtime and public holiday rates are calculated on the ordinary hourly rate before any deduction is made for keep.
A farm and livestock hand required to work on a public holiday will be paid 200% of the ordinary hourly rate.
35.6 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.
(b) An agreement made under clause 35.6 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.
(c) An agreement made under clause 35.6 must be in writing and must state each of the following:
(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(ii) that the agreement can be terminated at any time by notice in writing;
(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;
(v) that, if time off is not taken as mentioned in 35.6(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
NOTE: An example of the type of agreement required by clause 35.6 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 35.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 35.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 35.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.
(g) The employer must keep a copy of any agreement under clause 35.6 as an employee record.
(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 35.6 will apply, including the requirement for a written agreement under clause 35.6(c) for overtime that has been worked.
[Note varied by PR763232 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 35.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 35.6.
Part 7—Pig Breeding and Raising
(a) A piggery attendant at all classification levels may be required to undertake any duty or combination of duties listed below, as may be required at each enterprise, to the full limit of the employee’s ability, training and/or licensing:
· apply and adhere to quarantine control procedures;
· clean and maintain protective footwear and clothing;
· clean and maintain administration and amenities buildings and associated fittings and equipment;
· maintain an adequate environment for the well-being of stock;
· clean accommodation pens, fittings and equipment;
· provide feed and water for stock;
· tend to routine husbandry of all stock;
· apply animal identification systems;
· move, draft and weigh stock;
· remove and dispose of effluent;
· dispose of deceased stock;
· mix and mill feed;
· care for sick or injured stock;
· maintain herd health status at an acceptable level;
· operate farm-related vehicles, plant, machinery and equipment (if appropriately licensed);
· detect oestrous and mate breeding stock;
· diagnose pregnancy in breeding stock;
· assist sows and piglets at farrowing;
· remove faulty or damaged equipment and fittings;
· install new or replacement equipment and fittings;
· maintain a recording system and interpret data;
· transport stock, feed and equipment (if appropriately licensed);
· maintain sheds, fixtures and fittings, fences and surrounds;
· maintain machinery and equipment; and
· perform other duties as required.
(b) Piggery attendants at all levels including PA3 and above may additionally be required to:
· select replacement breeding stock;
· make decisions on drug usage;
· destroy sick or injured stock in a humane manner;
· conduct post mortem examinations of deceased stock;
· order stores and equipment; and
· perform other duties as required.
36.2 Piggery attendant level 1 (PA1)
(a) A piggery attendant level 1 (PA1) is:
· an employee undertaking up to 38 hours’ induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, farm layout, production program, work and record keeping procedures and work health and safety; or
· any person employed as general hand in a general capacity to perform basic tasks such as moving the stock from place to place, cleaning the establishment and the feeding of stock.
(b) An employee at this level:
· is generally a new recruit to the industry who performs simple or routine tasks essentially of a manual nature and to the level of their training;
· exercises minimal skills, knowledge and decision making;
· works under direct supervision, and is given regular direction or guidance and whose results are constantly monitored;
· is undertaking structured training so as to enable them to work at PA2 level; and
· after adequate instruction the employee, may be required to undertake any task(s) listed in clause 36.1.
36.3 Piggery attendant level 2 (PA2)
(a) A piggery attendant level 2 (PA2) is:
· an employee appointed by the employer to this level who has completed up to 3 months’ structured training so as to enable the employee to work within the scope of this level.
(b) An employee at this level:
· may have limited experience in the pig industry, and generally performs simple straightforward tasks, using well established techniques and practices in pig husbandry;
· exercises skills requiring some knowledge of established techniques and minimal routine decision making;
· works under frequent direct supervision and guidance;
· has work regularly inspected and the final result usually checked; and
· may be required to undertake any task(s) listed in clause 36.1.
36.4 Piggery attendant level 3 (PA3)
(a) A piggery attendant level 3 (PA3) is:
· an employee appointed by the employer to this level; and
· who performs a range of different but straightforward tasks using well established techniques and practices under routine supervision.
(b) An employee at this level:
· exercises skills requiring knowledge or relevant experience in piggery procedures and is required to make decisions within the employee’s knowledge and competence on day-to-day management of pigs;
· works under general supervision, is responsible for the quality of their own work and receives limited guidance relating to more unusual features or new tasks;
· may work individually or as part of a team, or may supervise the duties of employees at an equal or lower level;
· may be subject to routine performance checks; and
· may be required to undertake any task(s) listed in clause 36.1.
36.5 Piggery attendant level 4 (PA4)
(a) A piggery attendant level 4 (PA4) is:
· an employee appointed by the employer to this level; and
· who has completed a minimum of:
· one year of adult relevant experience in the industry;
· an accredited stockperson training course certificate; or
· equivalent formal training recognised by the employer, plus 6 months’ relevant adult experience in the industry.
(b) An employee at this level:
· performs a range of straightforward tasks using well established techniques and practices under limited supervision and is responsible for maintaining the quality and quantity of their work;
· exercises skills requiring sound knowledge of and experience in piggery procedures and requires instruction only on management decisions that vary from established practices and principles;
· exercises some individual judgment and initiative within established principles and practices;
· may work individually or as part of a team or may supervise the duties of employees at an equal or lower level;
· assists in the provision of on-the-job training to a limited degree; and
· may be required to undertake any task(s) listed in clause 36.1.
36.6 Piggery attendant level 5 (PA5)
(a) A piggery attendant level 5 (PA5) is:
· an employee appointed by the employer to this level who has completed a minimum of:
· 2 years’ adult relevant experience in the industry; or
· an accredited apprenticeship or equivalent formal training plus one year of relevant adult experience in the industry.
(b) An employee at this level:
· performs a range of tasks using well established techniques and practices under minimal supervision and is responsible for maintaining the quality and quantity of work undertaken individually or as part of a team;
· exercises skills requiring sound knowledge of and experience in piggery procedures and displays considerable individual judgment and initiative within established principles and practices;
· may work individually or as part of a team or may supervise and co-ordinate the duties of employees at an equal or lower level;
· understands and applies quality control techniques; and
· may be required to undertake any task(s) listed in clause 36.1.
36.7 Senior piggery attendant level 6 (PA6)
(a) A Senior piggery attendant level 6 (PA6) is:
· an employee appointed by the employer who has completed a minimum of:
· 3 years’ relevant adult experience in the industry; or
· an accredited traineeship or equivalent formal training plus 2 years’ relevant adult experience in the industry.
(b) An employee at this level:
· performs a range of tasks that may vary from established techniques and practices under minimal supervision and guidance and must be competent in all facets of duties required;
· may be required to work alone, lead work units and/or co-ordinate, supervise and/or train new employees;
· may require extensive individual judgment and initiative within established management guidelines;
· understands and applies quality control and assurance techniques;
· may supervise and/or train employees at all levels up to and including PA5; and
· may be required to undertake any task(s) listed in clause 36.1.
36.8 Senior piggery attendant level 7 (PA7)
(a) A Senior piggery attendant level 7 (PA7) is:
· an employee appointed by the employer who has completed a minimum of:
· 3 years’ adult experience in the pig breeding industry; and
· has completed the New South Wales Technical and Further Education Rural Trades Course or other Trades Certificate and/or course(s) accredited and recognised by the Pig Industry Training Council.
(b) An employee at this level:
· performs a range of tasks relating to the purchase, installation and programmed maintenance of plant, fittings and fixtures and mechanical, hydraulic or electrical equipment and machinery;
· exercises discretion within the scope of this level and the employee’s qualifications/training;
· provides trade guidance and assistance to levels PA5 and PA6 as part of a work team;
· works with minimal direction or supervision and is responsible for the quality of their own work;
· exercises trade skills relevant to the requirements of the level;
· co-ordinates and supervises non-trades employees within a work team; and
· may be required to undertake any task(s) listed in clause 36.1.
[Varied by PR729290, PR740716, PR762145]
[37.1 varied by PR729290, PR740716, PR762145 ppc 01Jul23]
The following rates apply to adult piggery attendants classified under clause 36—Classifications of this award:
|
Wage group |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
|
PA1 |
859.30 |
22.61 |
|
PA2 |
882.30 |
23.22 |
|
PA3 |
914.90 |
24.08 |
|
PA4 |
945.10 |
24.87 |
|
PA5 |
969.00 |
25.50 |
|
PA6 |
995.00 |
26.18 |
|
PA7 |
1026.20 |
27.01 |
|
Age of employee |
% of relevant adult rate |
|
Under 16 years |
50 |
|
16 years |
60 |
|
17 years |
70 |
|
18 years |
80 |
|
19 years |
90 |
|
20 years |
100 |
NOTE: See clauses B.4 and B.5 for a summary of hourly rates of pay including overtime and penalty rates.
38. Ordinary hours and roster cycles for non-shiftworkers
38.1 Maximum hours in certain periods
(b) However, the employee and the employer may agree:
(i) that the employee is to work up to 12 ordinary hours in a day; and
(ii) to change the span of hours as allowed under clause 38.1(a).
(d) In any 4 week period, a piggery attendant is not to work more than 152 ordinary hours.
39. Continuous work hours—Ordinary hours and roster cycles for shiftworkers
39.1 Application of clause 39
Clause 39 applies to shiftworkers who work on continuous work as defined in clause 39.2.
39.2 Definition of continuous work
Continuous work means work carried on with consecutive shifts for 24 hours on each day for at least 6 days in a row without interruption (other than for breakdowns, for meal breaks or due to unavoidable causes beyond the employer’s control).
39.3 Maximum hours in certain periods
(a) In any 28 day period, a shiftworker working a shift:
(i) is not to work more than 152 ordinary hours; and
(ii) is to average 38 ordinary hours a week, including crib time.
(b) However, the employer and the majority of employees concerned may agree on a roster system that results in the weekly average of 38 ordinary hours being achieved over a period that is longer than 28 days, but no longer than 26 weeks.
(a) A shiftworker is to work a shift of up to 8 ordinary hours at the times the employer requires.
(b) A shift may not be longer than 12 ordinary hours.
(c) If a shift is to be longer than 8 ordinary hours, then it is to be agreed by the employer and the majority of employees in the plant, or work section, or sections concerned.
39.5 Frequency of shifts
An employee must not be required to work more than one shift in any 24 hours, except at regular changeover of shifts.
39.6 Crib time for shiftworkers
A continuous work shiftworker is allowed 20 minutes crib time on each shift, which is counted as time worked.
40. Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers
Clause 40 applies to shiftworkers at workplaces that operate on a basis other than continuous work. Continuous work is defined at clause 39.2.
40.2 Maximum hours in certain periods
(a) In any 28 day period, a shiftworker working a shift:
(i) is not to work more than 152 ordinary hours; and
(ii) is to average 38 ordinary hours a week.
(b) However, the employer and the majority of employees concerned may agree on a roster system that results in the weekly average of 38 ordinary hours being achieved over a period that is longer than 28 days, but no longer than 26 weeks.
(a) A shiftworker is to work a shift of up to 8 ordinary hours at the times the employer requires.
(b) A shift may not be longer than 12 ordinary hours.
(c) If a shift is to be longer than 8 ordinary hours, then it is to be agreed by the employer and a majority of the employees in the plant, or work section, or sections concerned.
40.4 Frequency of shifts
An employee must not be required to work more than one shift in any 24 hours, except at regular changeover of shifts.
40.5 An employer must allow an employee a meal break at least every 5 hours and may schedule the timing of meal breaks. An employee must work continuously apart from any meal breaks.
41.1 Rosters—ordinary hours to be specified
A shift roster is to specify the start and finish time of the ordinary working hours of each shift.
41.2 Employer and employees may agree to change shift span by up to one hour
The spans of shifts that an employee may work are in clause 42.1(a) and clause 42.1(b). The employer and the majority of employees concerned may agree to alter the span of hours over which shifts may be worked by up to one hour at either end.
41.3 Varying method of working shifts by agreement
(b) Once the start and finish time of each shift have been determined (whether under clause 41.3(a) or in any other way), those times may be varied to suit the circumstances of the establishment:
(i) by the employer and the majority of employees concerned agreeing to a variation; or
(ii) if there is no agreement, by the employer giving the employees 5 days’ notice.
42. Penalty rates for shiftwork
42.1 Definitions of types of shift
(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
(b) Night shift means any shift finishing after midnight and at or before 8.00 am.
(i) works only night shifts; or
(ii) remains on night shift for more than 4 consecutive weeks; or
(iii) works on a night shift cycle in which they do not have at least one third of their working time off night shift in each shift cycle (that time off might be arranged through a shift rotation or by the worker’s shift alternating with another shift).
(d) Successive afternoon or night shift means a shift (that is not a permanent night shift as defined in clause 42.1(c)) worked by an employee during a period where the employee works:
(i) 5 successive afternoons or 5 successive night shifts on a 5 day site; or
(ii) 6 successive afternoons or 6 successive night shifts on a 6 day site.
(e) Non-successive afternoon or night shift means a shift (that is not a permanent night shift as defined in clause 42.1(c)) on which the employee works any mix of afternoon and night shifts in any:
(i) 5 successive days on a 5 day site; or
(ii) 6 successive days on a 6 day site.
An employer must pay an employee working ordinary hours on the shifts defined in clause 42.1 at the rates in the table below:
|
Shift |
Penalty rate (% of minimum hourly rate) |
|
Successive afternoon or night shift |
115% |
|
Non-successive afternoon or night shift |
First 3 hours, 150% After first 3 hours, 200% |
|
Permanent night shift |
130% |
|
Saturday or Sunday |
See clause 44—Saturday and Sunday penalty rates |
|
Public holiday |
See clause 45—Payment for public holidays |
NOTE: Employees to whom Part 7—Pig Breeding and Raising applies may work on shifts under:
(a) Clause 39—Continuous work hours—Ordinary hours and roster cycles for shiftworkers: or
(b) Clause 40—Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers.
[Varied by PR723940, PR724570, PR729479, PR740884, PR762308, PR763232]
43.1 All time worked by piggery attendants before the ordinary commencing time or after the ordinary finishing time or in excess of ordinary hours of work in any one day or in any one week will be regarded as overtime.
[43.2 varied by PR723940 ppc 20Nov20]
43.2 Overtime will be paid at the following rates:
|
For overtime worked |
Overtime
rate % ordinary hourly rate |
Overtime
rate % of ordinary hourly rate |
|
Monday to Saturday—first 2 hours |
150 |
175 |
|
Monday to Saturday—after first 2 hours |
200 |
225 |
|
Sunday—all hours |
200 |
225 |
[Note inserted by PR723940 ppc 20Nov20]
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 43.2.
43.3 A minimum payment of 3 hours’ overtime on a Saturday or Sunday is payable except for work which is continuous with ordinary duty.
43.4 In computing overtime each day’s work will stand alone.
43.5 Employees will work reasonable overtime to meet the needs of the enterprise.
43.6 Recall to duty
(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 4 hours’ work at the appropriate rate for each time the employee is so recalled.
(b) The employee must not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.
[43.7(a) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
[43.7(b) varied by PR724570, PR729479, PR740884, PR762308 ppc 01Jul23]
(b) Where overtime is unplanned and not notified the day or days beforehand, a payment will be made of $15.73 after 2 hours of overtime if work will continue beyond the meal break. Alternatively, the employer may supply the employee with a meal. Clause 43.7(b) does not apply to overtime worked after ordinary hours on Monday to Friday.
43.8 Paid breaks during overtime
(a) Meal break
Before starting overtime after working ordinary hours on Monday to Friday an employee will be allowed a meal break of 30 minutes which will be paid for at ordinary rates.
(b) Crib time
An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each 4 hours of work.
(c) Clause 43.8 does not apply where the period of overtime is less than 1.5 hours.
43.9 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.
(b) An agreement made under clause 43.9 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.
(c) An agreement made under clause 43.9 must be in writing and must state each of the following:
(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(ii) that the agreement can be terminated at any time by notice in writing;
(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;
(v) that, if time off is not taken as mentioned in clause 43.9(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
NOTE: An example of the type of agreement required by clause 43.9 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 43.9 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 43.9 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 43.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.
(g) The employer must keep a copy of any agreement under clause 43.9 as an employee record.
(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request the clause 43.9 will apply, including the requirement for a written agreement under clause 43.9(c) for overtime that has been worked.
[Note varied by PR763232 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 43.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 43.9.
44. Saturday and Sunday penalty rates
For work performed by piggery attendants on a Saturday or a Sunday, the following rates apply:
|
For time worked: |
Penalty rate % ordinary hourly rate |
|
Day workers |
|
|
Saturday—ordinary hours worked by agreement |
150 |
|
Shiftworkers |
|
|
Saturday1 |
150 |
|
Sunday—continuous shifts (where the major portion of the rostered shift is on a Sunday) |
200 |
1 Provision in substitution for and not cumulative upon shift rates in clause 42.2—Rates for shiftwork.
45. Payment for public holidays
[Varied by PR747352]
45.1 A piggery attendant who is a day worker required to work on a public holiday will be paid 250% of the ordinary hourly rate for a minimum of 3 hours and up to the usual rostered hours. For time worked in excess of the ordinary rostered hours overtime rates will apply.
45.2 A shiftworker required to work on a public holiday will be paid 200% of the ordinary hourly rate for a minimum of 3 hours and up to the usual rostered hours.
[45.4 inserted by PR747352 ppc14Nov22]
45.4 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 45.
46.1 Poultry farm worker level 1 (PW1)
(a) A poultry farm worker level 1 (PW1) includes:
· General hands.
(b) An employee at this level:
· may undertake training for any task;
· may be trained in more than one specific area, depending on the employee’s application to these tasks;
· may be engaged in collecting and grading eggs; and
· has less than 12 months’ experience in the industry.
46.2 Poultry farm worker level 2 (PW2)
(a) A poultry farm worker level 2 (PW2) includes:
(i) an employee with more than 12 months’ experience in the industry who performs the duties of a poultry farm worker level 1 and may be required to perform any of the following duties:
· collect and grade eggs;
· care for sheds and litter, maintain egg records, cull flocks of poultry as required;
· remove waste product;
· drive and/or operate farm plant and equipment; and
· pick-up work and associated general duties as a farm hand.
(ii) Hatchery assistants who:
· rotate eggs in incubators;
· check eggs;
· undertake sexing and beak trimming;
· sort and grade eggs and day-old poultry;
· fumigate and vaccinate;
· clean and sanitise hatchery incubators, hatchers and associated equipment; and
· perform any work undertaken by a farm hand.
(b) An employee at this level may be engaged at or in connection with mixing poultry food or grain crushing.
46.3 Poultry farm worker level 3 (PW3)
(a) A poultry farm worker level 3 (PW3) includes:
(i) Stock hands who:
· are other than hatchery employees or employees engaged in pick up work; and
· have been and are substantially engaged in actually handling livestock for a period of 6 months.
(ii) Farm maintenance workers who perform:
· pipefitting work;
· tack welding; and
· other minor maintenance work which involves the significant use of tools.
(iii) Farm transporters who:
· have their principal duties centred on a poultry farm or hatchery;
· may work as a stock hand, farm hand or hatchery assistant;
· transport livestock and/or eggs from farm to farm and from farm to hatchery or return and related activities;
· remove and transport litter and sawdust for poultry farms; and
· are qualified front-end loader operators.
(b) An employee at this level:
· will also perform any task undertaken by a farm hand; and
· may operate a front-end loader as part of their general duties.
46.4 Poultry farm worker level 4 (PW4)
(a) A poultry farm worker level 4 (PW4) includes:
(i) Authorised testers;
(ii) Certified rural tradespersons who:
· have been employed for a period of not less than 4 years’ relevant employment in a rural industry; and
· have completed the Rural Trades Course at TAFE or similar course or courses approved by the Rural Apprenticeship Training Committee upon application.
[Varied by PR729290, PR740716, PR762145]
[47.1 varied by PR729290, PR740716, PR762145 ppc 01Jul23]
The following rates apply to adult poultry workers classified under clause 46—Classifications of this award:
|
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
|
$ |
$ |
|
PW1 |
859.30 |
22.61 |
|
PW2 |
895.00 |
23.55 |
|
PW3 |
930.70 |
24.49 |
|
PW4 |
995.00 |
26.18 |
|
Age of employee |
% of relevant adult rate |
|
Under 16 years |
50 |
|
16 years |
60 |
|
17 years |