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Continued
18 - SUPERANNUATION
(a) “The Fund” shall mean:
(i) The Australian Farm Superannuation Plan (ASFP),
as may be amended from time to time, and includes any superannuation scheme
which may be made in succession thereto; or
(ii) The National Superannuation Fund (NSF), as may
be amended from time to time, and includes any superannuation scheme which may
be made in succession thereto; or
18(a) – contd
(iii) The Rural Employees Award Plan (REAP), as
may be amended from time to time, and includes any superannuation scheme which
may be made in succession thereto; or
(iv) The Gro-Safe Fund, as may be amended from
time to time, and includes any superannuation scheme which may be made in
succession thereto;
(v) An alternative superannuation scheme
existing within a company conforming to the Commonwealth Government’s
operational standards for occupational superannuation and where the employer
has been granted an exemption in accordance with subclause (e) hereof.
“Ordinary time earnings” shall mean the award
classification rate (including supplementary payments where relevant),
overaward payments and shiftwork loadings (where relevant) and shall mean the
total amount of gross wages paid for the period of the shearing.
Employer contributions to superannuation
(b) Subject to the rules of the Fund, a respondent employer shall
contribute to the Fund in respect of each employee an amount in accordance with
the following scale:
From 31 March 1993 the contribution to the fund will be an
amount equal to 3 per cent of ordinary time earnings calculated to the nearest
10 cents.
Employee contributions
(c) Subject to the rules of the Fund, employees of a respondent
employer who may wish to make contributions to the Fund additional to those being
paid pursuant to subclause (b) hereof, shall be entitled to do so. Such
employees may either forward their own contribution directly to the fund
administrators or, where it is practicable to do so, authorise the employer to
pay into the Fund from the employee’s wage an amount specified by the employee.
Statement of contributions
(d) The employer shall provide to each employee a statement setting
out the amount of contributions made on the employee’s behalf into the Fund
together with details of any authorised employee contributions made in
accordance with subclause (c) hereof. Such statement shall be provided at the
completion of the relevant period of shearing.
18 – contd
Exemptions
(e) (i) This award shall
not apply to employers who, as at 12 March 1993 have superannuation schemes
existing within their company or business and who, as from 12 March 1993 pay
into such fund payments prescribed by subclause (b) hereof.
(ii) Applications for exemptions are to be made
by 1 April 1994 and are to be made in accordance with the principles laid down
by the Australian Industrial Relations Commission.
19 - RATES OF PAY
The
rates of pay for employees covered by this award shall be the rates set out
hereunder.
Rates for shearers
(a) (i) If “not found”:
[19(a)(i)(1) varied by V001 from 31Aug99]
(1) For flock sheep (wethers, ewes and
lambs), by machine - $165.44 per 100.
(2) For rams (other than special stud rams) and
ram stags, double the rate for flock sheep.
(3) For stud ewes and their lambs - one and a
quarter times the rate for flock sheep.
(4) For double-fleeced sheep - one and
one-third times the rate prescribed appropriate to the class of sheep.
(5) For hand shearing - 7-1/2 per cent
additional to the rate for each class of sheep.
(6) If a shearer is required to provide his own
stud combs he shall be paid 25 per cent additional to the rate for each class
of sheep.
(7) For special studs - as agreed.
(8) Where the employee provides his own handpiece,
the above rates plus an additional rate of $2.50 per 100 sheep shall be paid.
19(a) – contd
(ii) If “found”, the rates prescribed above
less:
(1) expeditionary shearing (i.e three meals and
two smokos per day) - $18.00 per day;
(2) suburban (i.e one meal plus smokos) - $7.75
per day.
Engagement by the day
[19(a)(iii)(1) varied by V001 from 31Aug99]
(iii) (1) Not
found - handpiece provided by employer - $121.50;
[19(a)(iii)(2) varied by V001 from 31Aug99]
(2) Not found - handpiece provided by employee
- $123.60.
(iv) For the purposes of this clause:
A “ram”
means a male sheep with at least two permanent teeth.
“Ram
stags” means rams which have been castrated after they have attained eighteen
months.
“Stud ewes”
means ewes with tags in their ears from which rams are bred for sale or station
use but the term does not include ewes of the flock which have tags in their
ears for the purpose of identification other than for stud purposes.
“Double
fleeced” means a sheep carrying two years’ fleece.
Rates for crutching
Piecework rates - if “not found”
[19(b)(i)(1) varied by V001 from 31Aug99]
(b) (i) (1) For full crutching, that is, shearing
between
the
legs, the inside and back parts of the leg,
the tail, given two blows
around and below the
tail,
and in addition, when required, removing
wool
which has been struck by blowfly Per
100- $47.98
19(b) – contd
If
the employee provides his own handpiece, an
additional
amount of 84 cents per 100 sheep
crutched
shall be paid.
[19(b)(i)(2) varied by V001 from 31Aug99]
(2) For crutching between the legs, that is
shearing
on those parts of the legs which face
each
other and on the inner half of the backs
of
the legs, with one blow on the end of the
tail
if requires Per
100 - $38.05
If
the employee provides his own handpiece,
an
additional amount of 84 cents per 100 sheep
crutched
shall be paid.
[19(b)(i)(3) varied by V001 from 31Aug99]
(3) For wigging or ringing Per
100 - $18.20
If
the employee provides his own handpiece,
an
additional amount of 84 cents per 100 sheep
crutched
shall be paid.
[19(b)(i)(4) varied by V001 from 31Aug99]
(4) For either wigging or ringing in addition
to
crutching
- crutching rates plus Per
100 - $4.96
[19(b)(i)(5) varied by V001 from 31Aug99]
(5) For wigging and ringing Per
100 - $29.78
If
the employee provides his own handpiece,
an
additional amount of 84 cents per 100 sheep
crutched shall be paid.
[19(b)(i)(6) varied by V001 from 31Aug99]
(6) For wigging and ringing in addition to
crutching
- crutching rates plus Per
100 - $8.27
19(b) – contd
[19(b)(i)(7) varied by V001 from 31Aug99](referred to Commissioner
O’Connor for clarification)
(7) For cleaning the belly of any ewe above the
teats
(not more than two blows of the machine
or
shears) in addition to crutching - crutching
rate
plus Per
100 - $4.14
(8) For rams - double the rates prescribed in
paragraphs
(i) to (vi) hereof.
Piecework rates - if “found”
(ii) The rates prescribed above less:
(1) expeditionary shearing (i.e three meals and
two smokos per day) - $18.00 per day:
(2) suburban (i.e one meal plus two smokos) -
$7.75 per day.
Engagement by the day
[19(b)(iii)(1) varied by V001 from 31Aug99]
(iii) (1) Not
found - handpiece provided by employer - $121.50.
[19(b)(iii)(1) varied by V001 from 31Aug99]
(2) Not found - handpiece provided by employee -
$123.60.
Rates for shed hands
[19(c)(i) substituted by V001 from 31Aug99]
(c) (i) If
"not found":
Over
65 days Under 65 days
experience experience
$
per run $ per
run
(1) For adults 31.40 29.89
(2) For juniors under 18 years 21.98 20.93
(3) 18-20 years 28.26 26.90
19(c) – contd
Provided that if
after the commencement of any day's work, work ceases prior to the expiration
of the second run for that day then the employee shall be paid for two runs;
And further, if work
ceases for the day during the third or fourth run then the employee shall be
paid to the end of the run in which work ceased for the day.
However, the minimum
payment of two runs per day prescribed herein shall not apply where an employee
is not required to attend for work and is advised accordingly on the preceding
day.
(ii) If “found” - the rates prescribed above
less:
(1) expeditionary shearing (i.e three meals and
two smokos per day) - $18.00 per day;
(2) suburban (i.e one meal plus two smokos) -
$7.75 per day.
Rates for
Woolpressers
(d) (i) If
"not found":
[19(d)(i)(1) substituted by V001 from 31Aug99]
(1) For pressing - piecework
$
per bale: Cents
per kg:
By
hand
9.69 6.35
By
power
6.46 4.23
[19(d)(i)(2) varied by V001 from 31Aug99]
(2) Weighing and branding - extra 25 cents per
bale.
(3) For stacking bales, that is placing one
bale on top of another - an additional rate to be agreed mutually.
19(d) – contd
[19(d)(i)(4) varied by V001 from 31Aug99]
(4) Unless otherwise agreed when the total sum
which a woolpresser would receive under the rates, amounts to less than an
average of $32.00 per run for the shed, the employer shall pay the deficiency to
the employee.
(ii) If “found” - The abovementioned rates less:
(1) expeditionary shearing (i.e three meals and
two smokos per day) - $18.00 per day;
(2) suburban (i.e one meal plus two smokos per
day) - $7.75 per day.
(iii) Woolpressers engaged at piecework rates
shall for all wool pressed by them be paid wholly per bale or wholly per kg.
Rates for shearing cooks
[19(e)(i) varied by V001 from 31Aug99] (referred to
Commissioner O’Connor for clarification)
(e) (i) The minimum rate
to be paid to employees for acting as cook in connection with expeditionary
shearing or crutching operations (i.e three meals and two smokos per day) shall
be $10.58 per day “found” for every man excepting himself for whom the
employee cooks, but if the total amount which the cook would receive under this
subclause for the term of his employment amounts to less than $140.30 per day
“found” for himself after paying the necessary offsiders the employer
shall pay the deficiency to the employee.
[19(e)(ii) varied by V001 from 31Aug99]
(ii) The minimum rate to be paid to employees
for acting as cook in connection with suburban shearing or crutching operations
(i.e three meals and two smokos per day) shall be $4.88 per day “found” for
every man excepting himself for whom the employee cooks, but if the total
amount which the cook would receive under this subclause for the term of his
employment amounts to less than $63.43 per day “found” for himself after paying
the necessary offsiders the employer shall pay the deficiency to the employee.
20 - EMPLOYMENT OF LEARNERS
(a) Herein
“learner” means a shearer or intending shearer who has not yet shorn five
thousand sheep.
(b) It shall be obligatory upon such learner to produce to his
employer, or intended employer, or any authorised representative of any
of the parties to this award, if and when required, a certificate in the
following form, showing the number of sheep he has shorn.
LEARNERS CERTIFICATE
(to be presented at each shearing)
Issued
to
...............................................................................
Home
address
...............................................................................
Date
of issue of Certificate
.................................................................
Age.........
Date Station Total average Signature Signature Total
Sheep
sheep
tally per of owner of shorn
prior
shorn
day or manager learner to
issue of
(whole
days) or shed this
certificate
overseer
(c) When the total sum which a learner would receive under the rates
specified in clause 19 of this award for a specified period of employment
amounts to less than an average of $26.10 per run, the employer shall pay the
deficiency to the employee.
Provided that the foregoing obligation upon the employer
to make such guaranteed payment shall only apply to one specified learner
nominated by the employer at each shed prior to the commencement of shearing.
21 - ENTERPRISE FLEXIBILITY
In respect of any shearing or crutching operations
conducted pursuant to this award the employees engaged in such operation and
their employer are encouraged to discuss any proposals advanced by the employer
or any one or more of the employees as methods by which flexibility and
efficiency may be enhanced in the course of that operation provided that:
(a) The majority of employees engaged in any shearing or crutching
operation must genuinely agree to any proposed change to existing work
practices.
21 – contd
(b) Any proposed change to existing work practices may be reduced to
writing. In that event each employee agreeing to the change shall signify his
agreement in writing;
(c) Where any agreement is reached in the course of a shearing or
crutching operation for any change to existing work practices that requires any
variation to this award the Union must be consulted on the proposed change to
work practices.
(d) The Union will not unreasonably oppose any such
agreed variation to existing work practice.
(e) Any agreement for the variation of existing work practices which
requires any variation to this award shall be put before the Australian
Industrial Relations Commission for ratification.
(f) No provision of this clause shall in any way prejudice the
right of any party to this award to seek conciliation or arbitration of any
dispute that may arise in relation to any proposal to change existing work
practices in the course of a shearing or crutching operation.
22 - DISPUTE RESOLUTION
Any matter that cannot be resolved between the employer
and an employee, or in circumstances involving a number of employees the
majority of employees, may be referred by either party to the Australian
Industrial Relations Commission.
Prior to such resolution work will be performed in
accordance with this award, or where the award does not provide or cover the
specific circumstances, work will then be performed in accordance with the
Federal Pastoral Industry Award 1988.
23 - TRANSPORT WHILST AT SHED
(a) Where the employees sleep at the employer’s premises and the
shearing shed is 880 metres or more walking distance from the employees’
sleeping quarters, the employer shall provide transport for the employees
between the shed and the sleeping quarters before the start of the day’s work
and at the end of the day’s work.
(b) Provided that in all cases where the shearing shed is 220 metres
or more walking distance from the employees huts the employer shall provide
transport from the shed to the huts and from the huts to the shed for the
midday meal.
24 - EQUIPMENT AT SHEDS
(a) The employer shall provide all the shearing machines required
and suitable machinery in good order and competent and sufficient persons to
keep the machines in order and to operate the machinery. The employee shall
exercise proper care in the use and handling of shearing machines.
24 – contd
(b) For every six or fewer hand shearers (or
crutchers) employed, the employer shall provide one grindstone at least
(c) The employer shall provide for the wool pressing a press in good
order and condition and all other articles as may be necessary for
pressing and incidental operations.
25 – BREAKDOWN OF MACHINERY – ALLOWANCE FOR DELAYS AND TERMINATION
OF AGREEMENTS
(a) Where a shearer or crutcher or a piecework woolpresser is
stopped from working through a breakage or failure of machinery, except from
any cause over which the employer has not any control, and the total period of all
such stoppages which occur in any one week exceeds two hours working time, the
employer shall for every day or part of a day beyond two hours of working time
in any one week as long as there are sheep fit to shear pay to the employee an
allowance at the rate set out hereunder.
(i) If “not found”
[25(a)(i)(1) varied by V001 from 31Aug99]
(1) Handpiece provided by employer $12.24 per
hour
[25(a)(i)(2) varied by V001 from
31Aug99](referred to Commisioner O’Connor for clarification)
(2) Handpiece provided by employee $12.45 per
hour
(ii) If “found” the above allowances less:
(1) Expeditionary shearing (i.e three meals and
two smokos per day) -$18.00 per day;
(2) Suburban (i.e one meal plus two smokos) -
$7.75 per day.
But the employer may on or after the expiration of one
week from the beginning of the stoppage (unless in the meantime the agreement
be terminated by mutual consent) terminate his agreement with the
employee of his own will.
(b) In the case of a cook or a shed hand or a time work woolpresser
or a woolpresser and shed hand (combined duties) if the shearing or
crutching operations come to an end because of a breakdown or failure of
machinery or other cause the employer may, on or after the expiration of one
week from the beginning of the stoppage, terminate the agreement of his own
will.
26 - SUPPLY OF SOAP, WATER AND DISINFECTANT
The
employer shall provide:
(a) A suitable disinfectant in the sleeping
quarters; and
(b) A suitable supply of soap and water at the
shed for the use of employees for cleaning purposes.
27 - MEDICAL SUPPLIES
The employer shall provide a proper and sufficient stock
of the simpler kinds of medical and surgical remedies, for sale to the
employees at cost price with carriage added, and for bodily injury resulting to
the employee from his work, the employer shall keep and provide free of charge
the bandages and antiseptics reasonably necessary for treatment of the injury.
28 - DELIVERY OF MAIL
The employer shall deliver to the employee with all
reasonable expedition all letters and mail matter addressed to the employee.
29
- ABSORPTION
[29 inserted by V001 from
31Aug99]
The rates of pay in this award include the
arbitrated safety net adjustment payable under the April 1998 and April 1999
Safety Net Review - Wages decisions [Prints Q1998 and R1999}. This arbitrated
safety net adjustment may be offset against any equivalent amount in rates of
pay received by employees whose wages and conditions of employment are
regulated by this award which are above the wage rates prescribed in the award.
Such above award payments include wages payable pursuant to certified
agreements, currently operating enterprise flexibility agreements, Australian
workplace agreements, award variations to give effect to enterprise agreements
and overaward arrangements. Absorption which is contrary to the terms of an
agreement is not required.
Increases made under previous National Wage
Case principles or under the current Statement of Principles, excepting those
resulting from enterprise agreements, are not to be used to offset arbitrated
safety net adjustments.
30
- ANTI-DISCRIMINATION
[30 inserted by V001 from
31Aug99]
(a) It
is the intention of the respondents to this award to achieve a principal object
in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing
the diversity of the work force by helping to prevent and eliminate
discrimination on the basis of race, colour, sex, sexual preference, age, physical
or mental disability, marital status, family responsibilities, pregnancy,
religion, political opinion, natural extraction or social origin.
30 – contd
(b) Accordingly,
in fulfilling their obligations under the dispute avoidance and settling clause,
the respondents must make every endeavour to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
(c) Nothing in this clause is taken to
affect:
(i) Any different treatment (or treatment having different effects)
which is specifically exempted under the Commonwealth anti-discrimination
legislation;
(ii) Junior rates of pay, until 22 June 2000 or later date determined
by the Commission in accordance with s.143(1E) of the Act;
(iii) An employee, employer or registered organisation, pursuing
matters of discrimination in any State or federal jurisdiction, including by
application to the Human Rights and Equal Opportunity Commission;
(iv) The exemptions in s.170CK(3) and (4) of the
Act.