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GrainCorp Country Operations Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777374 and PR778122).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
10—Types of employment
17A—Employee right to disconnect
Table of Contents
[Varied by PR774868, PR778122]
Part 1— Application and Operation
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2— Workplace Delegates, Consultation and Dispute Resolution
7A. Workplace delegates’ rights
Part 3— Types of Employment and Termination of Employment
Part 4— Minimum Wages and Related Matters
Part 5— Hours of Work and Related Matters
17A. Employee right to disconnect
Part 6— Leave and Public Holidays
Part 1—Application and Operation
This award is the GrainCorp Country Operations Award 2015.
This modern enterprise award commences on 14 December 2015.
3. Definitions and interpretation
[Varied by PR733955, PR774868, PR777374]
3.1 Definitions
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
[Definition of casual employee inserted by PR733955 from 27Sep21; varied by PR777374 from 27Aug24]
casual employee has the meaning given by section 15A of the Act
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
country operations means the receipt, storage and dispatching of grain in bulk at GrainCorp’s sites other than terminals and bulk loading plants located at or adjacent to a wharf;
employee means a national system employee within the meaning of the Act
[Definition of employee organisation inserted by PR774868 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
[Definition of enterprise inserted by PR774868 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
GrainCorp means GrainCorp Operations Limited (ABN 52 003 875 401); and
NES means the National Employment Standards as contained in the Act
[Definition of small business employer inserted by PR774868 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
[Definition of workplace delegate inserted by PR774868 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
(a) Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
(b) This award shall supersede all enterprise awards covering GrainCorp, but no rights, obligations or liabilities incurred or accrued under any such awards will be affected by such supersession, with respect to allowable award matters only.
[Varied by PR743473]
4.2 This award covers:
(a) GrainCorp, including any successor, assignee or transmittee (whether immediate or not) to or of the Enterprise, including a corporation that has acquired or taken over the Enterprise; and
(b) employees of GrainCorp employed in the classifications described in Schedule A of this award to the exclusion of any other award and does not include employees employed to perform maintenance and port duties.
[4.3 varied by PR743473 ppc 11Jul22]
4.3 This award does not apply to employees who are covered by the Stevedoring Industry Award 2020, the Manufacturing and Associated Industries and Occupations Award 2020 or the Food Beverage and Tobacco Manufacturing Award 2020.
5. Access to the award and the National Employment Standards
GrainCorp must ensure that copies of this award and the NES are available to all employees covered by this award either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 GrainCorp and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with GrainCorp.
7.3 The agreement between GrainCorp and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to at the time the agreement is made.
7.4 The agreement between GrainCorp and the individual employee must also:
(b) state each term of this award that GrainCorp and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between GrainCorp and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
7.5 GrainCorp must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a), the agreement must not require the approval or consent of a person other than GrainCorp and the individual employee.
7.7 GrainCorp seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited GrainCorp must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by GrainCorp or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between GrainCorp and the individual employee.
(c) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between GrainCorp and an individual employee contained in any other term of this award.
NOTE: If any of the requirements of s.144(4) of the Fair Work Act 2009 (Cth), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or GrainCorp, giving written notice of not more than 28 days (see s145 of the Fair Work Act 2009 (Cth).
Part 2—Workplace Delegates, Consultation and Dispute Resolution
[Part 2—Consultation and Dispute Resolution renamed by PR774868 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774868 from 01Jul24]
7A.1 Clause 7A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 7A.
7A.2 In clause 7A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
7A.3 Before exercising entitlements under clause 7A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
7A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
7A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
7A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 7A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
7A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 7A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
7A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
7A.9 Exercise of entitlements under clause 7A
(a) A workplace delegate’s entitlements under clause 7A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 7A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 7A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7A.
8.1 Consultation regarding major workplace change
(i) Where GrainCorp has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, GrainCorp must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of GrainCorp’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) GrainCorp to discuss change
(i) GrainCorp must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by GrainCorp to make the changes referred to in clause 8.1(a).
(iii) For the purposes of such discussion, GrainCorp must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no GrainCorp is required to disclose confidential information the disclosure of which would be contrary to GrainCorp’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where GrainCorp proposes to change an employee’s regular roster or ordinary hours of work, GrainCorp must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) GrainCorp must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 GrainCorp or the employee(s) may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by GrainCorp to perform work, whether at the same or another workplace, which is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
[Varied by PR733955; PR777374]
An employee is to be engaged as a full-time, part-time or casual employee.
10.2 Full-time employment
(a) A full-time employee is an employee who works an average of 38 ordinary hours per week.
(b) A full-time employee is engaged and paid by the week.
10.3 Part-time employment
(a) GrainCorp may employ part-time employees in any classification in this award.
(b) A part-time employee is an employee who:
(i) works fewer than full-time hours of 38 per week;
(ii) has reasonably predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(c) At the time of engagement GrainCorp and the part-time employee will agree in writing on the regular pattern of work specifying at least the hours worked each day which days of the week the employee will work and the actual starting and finishing times each day.
(d) Any agreed variation to the regular pattern of work will be recorded in writing.
(e) GrainCorp is required to roster a part-time employee for a minimum of three consecutive hours on any shift.
(f) All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 19.
(g) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the classification in which they are employed.
(h) Commencement of part-time work and return from part-time to full-time work will not break the continuity of service or employment.
[10.3(i) deleted by PR733955 from 27Sep21]
[10.4(a) varied by PR733955 from 27Sep21]
(a) A casual employee will be guaranteed not less than four hours’ engagement every start.
(b) Casual work will be paid for at the ordinary wage rate with an addition of 25%.
10.5 Changes to casual employment status
[10.5 inserted by PR733955 ppc 27Sep21; renamed and substituted by PR777374 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 9—Dispute resolution.
11.1 National Employment Standards
Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of GrainCorp except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice GrainCorp may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where GrainCorp has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with GrainCorp.
Redundancy pay is provided for in the NES.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and GrainCorp may, at GrainCorp’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of GrainCorp, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.3.
Part 4—Minimum Wages and Related Matters
The classifications under this award are set out in Schedule A—Classifications.
[Varied by PR579964, PR592240, PR606464, PR707579, PR718956, PR729403, PR740827, PR762247, PR774029]
[14.1 varied by PR579964, PR592240, PR606464, PR707579, PR718956, PR729403, PR740827, PR762247, PR774029 ppc 01Jul24]
Minimum wage rates for ordinary hours worked by an employee will be:
|
Classification |
$ per week |
|
GRADE 1 |
|
|
Grade 1.1 |
961.30 |
|
Grade 1.2 |
980.30 |
|
GRADE 2 |
|
|
Grade 2.1 |
1019.60 |
|
Grade 2.2 |
1049.40 |
|
GRADE 3 |
|
|
Grade 3.1 |
1079.40 |
|
Grade 3.2 |
1103.40 |
|
GRADE 4 |
|
|
Grade 4.1 |
1127.30 |
|
Grade 4.2 |
1139.40 |
|
GRADE 5 |
|
|
Grade 5.1 |
1151.40 |
|
Grade 5.2 |
1162.80 |
If an employee is directed by GrainCorp to carry out duties at a higher classification for any period of time, the employee will receive the rate of pay applicable to such higher paid position for the time worked in such higher classification, provided that where the period of relief exceeds two hours, payment of the higher rate will be made for the whole day or shift.
[Varied by PR579745, PR592390, PR606614, PR704149, PR707790, PR719108, PR729582, PR740986, PR762414, PR774197]
[15.1(a)(i) varied by PR579745, PR592390, PR606614, PR704149, PR707790, PR719108, PR729582, PR740986, PR762414, PR774197 ppc 01Jul24]
(i) breakfast – $26.53;
[15.1(a)(ii) varied by PR579745, PR592390, PR606614, PR704149, PR707790, PR719108, PR729582, PR740986, PR762414, PR774197 ppc 01Jul24]
(ii) lunch – $33.17; and
[15.1(a)(iii) varied by PR579745, PR592390, PR606614, PR704149, PR707790, PR719108, PR729582, PR740986, PR762414, PR774197 ppc 01Jul24]
(iii) dinner – $59.68.
(b) No employee will be required to camp for any period which would necessitate being absent from their home or normal place of residence for more than 12 consecutive nights in any one pay period. Where an employee has been absent from home base for 12 consecutive nights, that employee will be returned to home base for a minimum of one night.
(a) Where on any day an employee is required to work at a site other than the employee's normal place of employment, move from one work site to another, or travel to a site to which GrainCorp has directed that employee to camp, travel will be in GrainCorp’s time and at GrainCorp’s expense.
(b) Payment for travelling under this clause will be made as follows:
(i) ordinary hours on any one day - ordinary time;
(ii) up to two hours in excess of ordinary hours on any one day—time and a half; and
(iii) in excess of two hours over the ordinary hours on any one day—time and a half for the first two hours and double time thereafter.
(c) Where an employee has already commenced on overtime at a site other than the employee's normal place of employment, and is then directed to return to the employee’s normal place of employment, payment will continue to be made on overtime rates until such time as the employee reaches their normal place of employment.
[15.3 varied by PR729582, PR740986, PR762414, PR774197 ppc 01Jul24]
Employees authorised and required to use their own vehicle for work purposes will receive an allowance of $0.98 per kilometre for the distance actually covered on GrainCorp’s business.
(a) All employees will be paid an industry allowance of 5% of the Grade 3.1 minimum wage rate per week to compensate for exposure to dust and noxious substances associated with work in the Grain industry.
(b) The industry allowance is paid for all purposes and is included in the rate of pay when calculating any penalties or loadings or payment while they are on annual leave.
Where an employee is required to wear protective clothing and equipment, and GrainCorp does not provide such protective clothing and equipment, GrainCorp will reimburse the employee for the cost of purchase, maintenance, and replacement of such protective clothing and equipment.
An employee, qualified to St John Ambulance standard or equivalent, if requested to act as the first aid attendant will be paid an allowance of 1.8% of the Grade 3.1 minimum wage rate per week in addition to their ordinary rate of pay.
15.7 Variations to allowances
At the time of any adjustment to the Grade 3.1 rate, the allowance in clause 15.1(a) and the allowance in clause 15.3 will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the take away and fast foods sub-group for clause 15.1(a) and the private motoring sub-group for clause 15.3 consumer price index figure most recently published by the Australian Bureau of Statistics (Cat No. 6401.0) since each of those allowances were last adjusted.
[Varied by PR771414]
16.1 Superannuation legislation
[16.1 substituted by PR771414 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 16 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, GrainCorp must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
(a) GrainCorp must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid GrainCorp being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
(b) GrainCorp must make such superannuation contributions to a superannuation fund that is an eligible choice fund and offers a MySuper product.
16.3 Voluntary employee contributions
(c) GrainCorp must pay the amount authorised under clauses 16.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 16.3(a) or (b) was made.
Part 5—Hours of Work and Related Matters
(a) The ordinary hours of work will be 38 hours per week Monday to Friday inclusive.
17.2 Spread of hours and rostering
(a) Ordinary hours will be worked between 6.00 am and 6.00 pm, Monday to Friday. The ordinary hours will be worked continuously except for meal breaks.
(b) The spread of hours may be altered by agreement between GrainCorp and the majority of employees concerned at the particular work site and any hours worked within that spread of hours will be deemed to be part of the ordinary hours for the purpose of this clause.
(c) Subject to clause 8.2, in rostering the ordinary hours to be worked by an employee on any one day GrainCorp will:
(i) as a minimum, consult and provide the employee with notice by the finishing time (inclusive of any overtime worked) on the preceding day of the starting time and ordinary hours to be worked the next day;
(ii) have the right to reduce the ordinary hours to be worked on any one day to a minimum of five hours provided that notice is given to the employee no later than four hours from the starting time of ordinary hours on that day;
(iii) have the right to increase the ordinary hours rostered to be worked on any one day provided that notice is given to the employee at any time up to the rostered finishing time;
(iv) have the right to cancel a shift of ordinary hours already notified to an employee providing notice of such cancellation is given to the employee at the commencement of the preceding day;
(v) not require the employee to work more than two separate shifts of five hours ordinary time in any fortnightly cycle or more than four separate shifts of five hours ordinary time in any monthly cycle;
(vi) ensure that the employee has a minimum break of nine consecutive hours between the ceasing time on one day and the commencing time on the following day.
(d) In the event of any dispute arising regarding the implementation of clause 17.2(c), the parties will follow clause 9—Dispute resolution and the status quo will remain until the resolution of the dispute.
(g) Where agreement has been reached in terms of clause 17.2(f) above, an employee who works ordinary hours on a Saturday or Sunday, in addition to payment for ordinary hours, will receive additional payment as follows:
(i) Saturday – 50% loading for the first two hours then 100% loading thereafter; and
(ii) Sunday – 100% loading for all hours.
(h) Employees required to work on a Saturday, Sunday or public holiday will be paid for a minimum of four hours work.
(a) For each eight ordinary hours worked, an employee will accrue 0.4 hours towards a rostered day off.
(b) In an emergency situation GrainCorp may require any employee to postpone a rostered day off.
17A. Employee right to disconnect
[17A inserted by PR778122 from 26Aug24]
17.4 Clause 17A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
17A.2 Clause 17A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
17A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
17A.4 Clause 17A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 20.5(b); or
(b) a recall to work under clause 19.4.
(a) During the course of day work or when shift work is being worked, an unpaid meal break of 30 minutes will be taken during the course of the day or each shift as the case may be.
(b) No employee will be required to work longer than five hours (or as soon as practicable after five hours) without a break for a meal.
Meal and rest breaks shall be staggered so that the site may operate continuously during each shift
(a) Where an employee on any one day works in excess of or outside ordinary hours rostered for that day, payment for such excess hours will be at the following rates:
(i) time and a half for the first two hours and double time thereafter where the excess hours are worked Monday to Friday and Saturday (before 12 noon);
(ii) double time where the excess hours are worked on Saturday (after 12 noon) or Sunday; and
(iii) double time and a half where the excess hours are worked on a public holiday.
(b) All overtime is to be based and calculated on a basis of each completed unbroken period of overtime. Payment will only be made for time actually worked.
(c) Overtime will be calculated on a daily basis.
(d) In calculating a casual employee’s entitlement in respect of overtime, the rate of pay will be calculated on the basis of the employee’s relevant minimum wage rate in clause 14.1 plus the industry allowance in clause 15.4 x the relevant overtime loading + the employee’s minimum wage rate in clause 14.1 x 25% pursuant to clause 10.4(b)
(a) Where an employee is required to work at least 1.5 hours of overtime after working ordinary hours, the employee will, before starting such overtime, be entitled to a 30 minute break paid for at ordinary rates.
(b) After each four consecutive hours of overtime worked an employee who is to continue working overtime will be entitled to a 30 minute break paid for at overtime rates.
19.3 Rest period after overtime
(a) Where an employee works so much overtime that there are fewer than ten hours between finishing overtime on one day and commencing ordinary work on the next day, the employee will be released until the employee has had at least nine consecutive hours off without loss of pay for ordinary working time occurring during such absence.
(b) If, on the instructions of GrainCorp, an employee resumes work or continues work without having had ten consecutive hours off duty, the employee will be paid at the rate of double time until released from duty and will then be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
Where an employee is recalled to duty after having completed the ordinary hours for that day, that employee will be paid at the appropriate overtime rate for that day, for a minimum of four hours.
19.5 Transport after overtime
Where an employee after having worked overtime finishes work at a time when reasonable means of transport are not available, GrainCorp will provide the employee with transport to their home or the nearest public transport.
The following definitions apply to this clause:
(a) Afternoon shift means a shift finishing after 6.00 pm and at or before midnight.
(b) Night shift means a shift finishing after midnight and at or before 6.00 am.
20.2 Requirement to work shiftwork
Employees may be required to work shift work at nominated work sites where it is necessary to meet customer requirements or it is not practicable to carry out operations without shiftwork.
(a) Shift work will operate as follows: five shifts of eight hours worked time, rostered over the period Monday to Sunday inclusive. The five shifts are to be worked on five consecutive days within any seven day period.
(b) On each shift, 0.4 of the first hour worked will accumulate and be taken as a rostered day off.
(a) An employee while on afternoon shift will be paid for such shift 15% more than the employee’s ordinary rate.
(b) An employee while on night shift will be paid for such shift 30% more than the employee’s ordinary rate.
(c) All time worked by a shiftworker between midnight on Friday and midnight on Saturday will be paid at time and a half.
(d) All time worked by a shiftworker between midnight on Saturday and midnight on Sunday will be paid at double time.
(e) All time worked by a shiftworker on a public holiday will be paid at double time and a half.
(f) All time worked by a shiftworker in excess of the ordinary hours will be paid for at double time.
20.5 Setting and alteration of shift roster
(a) GrainCorp will advise employees of its intention to implement shift rosters by providing 48 hours’ notice, unless otherwise agreed by GrainCorp and the affected employees at the particular work site.
Part 6—Leave and Public Holidays
21.1 An employee’s entitlement to annual leave is provided for in the NES.
21.2 In addition to the leave prescribed in clause 21.1, shiftworkers who are rostered to work regularly on Sundays and public holidays are entitled to five weeks of paid annual leave.
21.3 In addition to the leave prescribed in clause 21.1, where an employee works a Sunday as ordinary hours under clause 17.2(e) that employee is entitled to half a day of leave for each such day worked.
21.4 The rate of pay for annual leave is the employee’s rate of pay at the time the employee takes the annual leave, plus 17.5% of that rate. Where the employee would have received shift loadings had the employee not been on leave during the relative period, and such loadings would have entitled such employee to a greater amount than the 17.5% loading, then the shift loadings will be added to the employee’s ordinary pay instead of the annual leave loading.
Personal/carer’s leave is provided for in the NES.
Compassionate leave is provided for in the NES.
Parental leave is provided for in the NES.
Community service leave is provided for in the NES.
Where an employee applies for leave for a purpose for which provision is not made in any other part of this award, and that purpose is one for which GrainCorp considers leave should be granted, then such unpaid leave shall be granted.
Employees are entitled to:
(a) the public holidays provided for in the NES; and
(b) an additional day of leave at a time agreed between GrainCorp and the employee.
27.2 Substitution of certain public holidays by agreement
GrainCorp and its employees may agree to substitute another day for any public holiday prescribed in the NES. For this purpose, the consent of the majority of affected employees will constitute agreement.
27.3 Rostered day off falling on a public holiday
An employee who by the circumstances of the arrangement of their ordinary hours of work is entitled to a rostered day off which falls on a public holiday prescribed by this clause, will be granted an alternative day off to be determined by mutual agreement between GrainCorp and the employee.
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Role definition |
Grade 1 |
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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. |
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General description |
The employee must demonstrate over a period of engagement good work ethics, attitude & behaviour. |
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Supervision (own and of others) |
Works under direct supervision (either individually or in a team environment) and is given regular direction or guidance and whose results are constantly monitored |
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Responsibility |
Works in accordance with standard operating procedures and established criteria |
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Discretion |
Exercises minimal discretion within their level of skill
and training |
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Degree of autonomy |
Works in accordance with standard operating procedures and established criteria |
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Quality |
Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults |
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Communication, Customer Service & Relations |
Provides good customer service and represents GNC values |
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Safety |
Demonstrates an awareness of company safety regulations
and policies |
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Indicative Task |
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After adequate instruction, the employee may be required to undertake any task(s) listed below An employee at this level would normally perform the following indicative tasks |
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Grade 1.1 |
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Provides customer service |
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Contribute to Workplace Health & Safety |
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Has a basic knowledge of quality systems |
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Maintains acceptable hygiene standards |
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Is able to receive trucks to mobile equipment or hoppers |
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PEST CONTROL – Assist in shed, silo and bunker fumigations |
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Grade 1.2 |
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Is able to load rail wagons & trackside safety |
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Is able to perform domestic outturn to road |
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Is able to intake grain into temporary storage |
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Is able to outturn grain to temporary storage |
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Is able to operate the weighbridge (General) |
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Is able to maintain depot hygiene |
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Is able to outturn seed |
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Operate portable equipment (including tripper operation) |
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Safety Committee Member |
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Basic computer skills of data entry |
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Indicative jobs |
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Grain handler |
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Qualifications |
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Car drivers licence |
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Role definition |
Grade 2 |
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An employee at this grade possesses skills but performs work above and beyond the skills of an employee at Grade 1 and to the level of their skills, competence and training: |
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General description |
An employee at this grade has an understanding of GrainCorp's operations in order to perform key tasks |
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Supervision (own and of others) |
Works under routine supervision either individually or in a team environment |
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Responsibility |
Is responsible for the quality of their own work subject
to routine supervision |
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Discretion |
Exercises minimal discretion within their level of skill
and training |
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Degree of autonomy |
Is able to identify problems and report to their supervisor |
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Quality |
understands and undertakes quality control/assurance procedures including the ability to recognise quality deviations/faults |
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Communication, Customer Service & Relations |
Is able to receive and provide information to internal and
external customers with clarity and precision |
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Safety |
Demonstrates an awareness of company safety regulations
and policies |
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Indicative Tasks |
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After adequate instruction, the employee may be required to undertake any task(s) listed below An employee at this level would normally perform the following indicative tasks |
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Grade 2.1 |
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Is able to operate a weighbridge (harvest) |
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Is competent in sampling & assessing |
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Is able to apply harvest chemicals |
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Is able to operate plant including: Auger / Agrivac / Loader / Forklift / Bobcat |
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Is able to operate grain storages (less than 5,000 tonnes) |
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Has basic computer skills – data entry, day to day operations, end of day inputs |
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Seal storages/Insert blankets |
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Training towards PCO assistant |
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Clean and maintain pesticide pumps |
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Has basic computer skills – data entry, day to day operations, end of day inputs |
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Grade 2.2 |
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Weighbridge operator (harvest & administration) |
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Sampling & assessing (with experience) |
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Able to complete e-learning (on-line) training courses with supervision |
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PEST CONROL – Can complete pest control tasks as above but with verbal communication only, not sight & sound |
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TRUCK DRIVER – Perform truck driving duties as directed by Operations Manager i.e. transport loaders, tractors etc. |
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Indicative jobs |
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Weighbridge operator |
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Plant operator |
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PCO assistant |
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Sampler |
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Qualifications |
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Licenses/Certificates/Trainings - Requirements may not be mandatory but recommended for each grade |
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Forklift license |
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Sampling & Assessing |
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Loader license |
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Bobcat license (as applicable) |
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Confined spaces |
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Track Safety Awareness training |
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Modified Vehicle Movement training |
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First Aid training |
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Truck License – HR Class |
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Role definition |
Grade 3 |
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An employee at this grade performs work above and beyond the skills of an employee at Grade 2 and to the level of their skills, competence and training: |
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General description |
An employee at this grade works from complex instructions and procedures and acts in a team leader capacity |
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Supervision (own and of others) |
Co-ordinates work in a team environment or works individually
under general supervision |
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Responsibility |
Is responsible for assuring the quality of their own work
and that of others |
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Discretion |
May require individual judgment and initiative within established operational guidelines or with guidance |
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Degree of autonomy |
May be required to work alone, lead work teams and/or coordinate, supervise and /or train new employees |
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Quality |
Understands and undertakes high level quality control/assurance procedures including the ability to recognise high level quality deviations/faults |
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Communication, Customer Service & Relations |
Is able to receive and provide information to internal and
external customers with clarity and precision. |
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Safety |
Follows safe work practices and can report workplace
hazards |
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Indicative Tasks |
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After adequate instruction, the employee may be required to undertake any task(s) listed below |
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An employee at this level would normally perform the following indicative tasks (CORE) |
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Grade 3.1 |
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Classifier (Classification competency only during intake and sampling & testing on outturn) |
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Performs the tasks associated with a Grain Drier |
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Is able to operate grain storages (more than 5,000 tonnes) |
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Conducts training and or supervision for employees in relation to on the job training |
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Basic computer skills in Microsoft packages – Outlook, Word and Excel |
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Is able to use the company intranet |
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Able to complete e-learning (on-line) training courses with no or little supervision |
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PEST CONTROL – Holds the appropriate fumigation licenses to act as a fumigator Set up and operate Siroflo Fumigate sealed storages Fumigate bunkers Set up and calibrate pesticide pumps Gas monitoring |
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Grade 3.2 |
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Team Leader (permanent & temporary storages) |
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Site supervisor is able to supervise site in a team leader capacity |
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Sampler (Classification competency only during intake and sampling & testing on outturn) |
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Seed grader (basic) |
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Computer skills so as to be able to input data for stocktake |
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Assist other employees in e-learning (on-line) training modules using company resources |
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PEST CONTROL – Performs all fumigation tasks listed in Grade 3.1 with experience & proficiency |
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TRUCK DRIVERS – Disassemble & assemble grain handling equipment i.e. Lobstar's, grain stackers etc. Place equipment at sites using crane Operate vehicle loading crane to assist maintenance staff |
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Indicative jobs |
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Team leader |
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Fumigator |
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Sampler |
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Qualifications |
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Licenses/Certificates/Trainings - Requirements may not be mandatory but recommended for each grade |
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Fumigation Licenses : PRM / PM06B / PRM / PM11B |
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Crane operator |
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Doggers & Riggers license |
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Vehicle Loading Crane license |
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Truck License – HR Class |
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Role definition |
Grade 4 |
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An employee at this grade performs work above and beyond the skills of an employee at Grade 3 and to the level of their skills, competence and training: |
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General description |
An employee at this grade works as a site supervisor of small sites with a limited number of employees |
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Supervision (own and of others) |
Is capable of performing efficiently without supervision
any tasks reasonably required of them |
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Responsibility |
Is responsible for all site operations |
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Discretion |
May require individual judgment and initiative within established operational guidelines or with minimal guidance |
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Degree of autonomy |
Is required to work alone, lead work teams and/or
coordinate, supervise and/or train new employees |
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Quality |
Understands and undertakes high level quality control/assurance procedures including the ability to recognise and resolve quality deviations/faults |
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Communication, Customer Service & Relations |
Is able to receive and provide information to internal and
external customers with clarity and precision. |
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Safety |
Follows safe work practices and can report workplace
hazards |
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Indicative Tasks |
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After adequate instruction, the employee may be required to undertake any task(s) listed below An employee at this level would normally perform the following indicative tasks (CORE) |
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Grade 4.1 |
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Seed grader (advanced) |
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Acts as a Team Leader (permanent & temporary storage more than 5 workers, person assumes overall responsibility for worker output – reports to Site Manager) |
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Is expected to supervise site operations – small site |
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Conducts formal training and assessment of others in an instructor lead delivery style with material supplied by the company |
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Intermediate level of computer knowledge in Microsoft packages – Outlook, Word and Excel |
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Able to complete e-learning (on-line) training courses without supervision |
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PEST CONTROL – Holds the position PCO/team leader Maintains pest control documentation Is capable of fumigating all storages Conducts hygiene inspections Conducts bunker inspections Is capable of transporting pesticides safely Collecting grain samples for residue testing |
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TRUCK DRIVERS – Perform all tasks listed in Grades 2.2 & 3.2 Transport larger grain handling equipment on articulated vehicle |
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Grade 4.2 |
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Consistently performs at an 'above target' level in annual performance reviews as a 4.1 |
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Able to lead and train others in e-learning (on-line) training modules |
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Indicative jobs |
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PCO |
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Team leader |
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Site manager |
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Site supervisor |
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Qualifications |
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Licenses/Certificates/Trainings - Requirements may not be mandatory but recommended for each grade |
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Truck License – Articulated vehicles – HC Class |
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Fumigation Licenses PRM PM05B PRM PM18B |
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Doggers & Riggers license |
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Vehicle Loading Crane license |
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Wide Load Pilot Operators license |
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Role definition |
Grade 5 |
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An employee at this grade performs work above and beyond the skills of an employee at Grade 4 and to the level of their skills, competence and training: |
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General description |
An employee at this grade works as a site supervisor of large/primary sites and is able and expected to relieve the duties of a GSM on a temporary basis |
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Supervision (own and of others) |
Is capable of performing efficiently without supervision
any tasks reasonably required of them |
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Responsibility |
Is responsible for all site operations |
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Discretion |
May require individual judgment and initiative within established operational guidelines or with minimal guidance |
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Degree of autonomy |
Is required to work alone, lead work teams and/or
coordinate, supervise and/or train new employees |
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Quality |
Understands and undertakes high level quality control/assurance procedures including the ability to recognise and resolve quality deviations/faults |
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Communication, Customer Service & Relations |
Is able to receive and provide information to internal and
external customers with clarity and precision |
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Safety |
Follows safe work practices and can report workplace
hazards |
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Indicative Tasks |
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After adequate instruction, the employee may be required to undertake any task(s) listed below An employee at this level would normally perform the following indicative tasks (CORE) |
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Grade 5.1 |
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Is expected to supervise site operations – large/primary site |
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Is multi skilled in grain handling competencies |
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Is able to design and interpret a higher level of electronic documents |
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PEST CONTROL – Is competent in the use of the HDS800 fumigation equipment following required training from the manufacturer |
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TRUCK DRIVERS – Perform all tasks listed in Grades 2.2, 3.2 & 4 Drive truck in “B” Double or Road Train Configuration Drive truck with trailer extended to transport grain stackers between sites |
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Grade 5.2 |
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Consistently performs at an 'above target' level in annual performance reviews as a 5.1 |
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Indicative jobs |
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Senior site supervisor / Senior site manager |
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Qualifications |
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Licenses/Certificates/Trainings - Requirements may not be mandatory but recommended for each grade |
|||
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Doggers & Riggers license |
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Truck license – Multiple Combination – MC Class |
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Vehicle Loading Crane license |
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Wide Load Pilot Operators license |
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Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
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