Table of Contents - AP781106

Pre-amble
Part 1 - application and operation of award
1. Award title
Part 1 - application and operation of award
Part 2 - award flexibility
Part 3 - consultation and dispute resolution
Part 4 employer and employees duties, employment relationship and related arrangements
Part 5 - rates of pay and related matters
Part 6 - hours of work, breaks, overtime, shift work, weekend work
Part 7 - leave of absence and public holidays
Part 8 - transfers, travelling and working away from usual place of work
Part 9 training and related matters
3. Anti-discrimination
4. Definitions
5. Commencement date of award and period of operation
6. Coverage of award
7. PartiEs bound
8. Persons, organisations, industries and employers exempted from coverage
9. Rela tionship with other awards
Part 2 - award flexibility
10. Enterprise flexibility provisions
Part 3 - consultation and dispute resolution
11. Dispute resolution
Part 4 employer and employees duties, employment relationship and related arrangements
12. Employer and employee duties
13. Employment categories
14. Redundancy
15. Notice of termination
Part 5 - rates of pay and related matters
16. Classifications and rates of pay
17. Supported wage system
18. Payment of wages
19. Allowances
20. Superannuation
Part 6 - hours of work, breaks, overtime, shift work, week-end work
21. Hours of day work
22. Implementation of 38 hour week
23. Breaks
24. Overtime
25. Make-up time
26. Shift work
Part 7 - leave of absence and public holidays
27. Annual leave
28. Personal leave
28A bereavement leave
29 Parental leave
30. Jury service
31. Public holidays
Part 8 - transfers, travelling and working away from
32. Transport of employees
Part 9 training and related matters
33. Training
1. Title
2. PartiEs bound
3. Application
4. Operation and duration
1. Title
2. PartiEs bound
3. Application
4. Operation and duration
1. Title
2. PartiEs bound
3. Application
4. Operation and duration
1. Title
2. PartiEs and persons bound
3. Application
4. Operation and duration
1. Award title
2. Arrangement
3. Commencement date and period of operation
4. PartiEs bound
1. Title
2. PartiEs and persons bound
3. Application
4. Operation and duration
1. Title
2. PartiEs and persons bound
3. Application
4. Commencement and date of operation
Food Preservers Award 2000

AP781106CRV - Food Preservers’ Award 2000


AUSTRALIAN INDUSTRIAL REGISTRY CONSOLIDATION

This AIR consolidated award incorporates all amendments up to and including 7 October 2008 (correction PR984103).

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

19. Allowances



About this Award:

Printed by authority of the Commonwealth Government Printer.


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

Copies of official decisions, awards and orders of the Australian Industrial Relations Commission can be accessed at no cost through the Commission’s web site (www.airc.gov.au) or purchased from any office of the Australian Industrial Registry.


AP781106CRV [Pre-Reform AIR Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00495 of 1998)

FOOD PRESERVERS’ INTERIM AWARD 1986
(ODN C No. 02129 of 1985)
[Print H8666 [F0015]]

Various employees
Food, beverages and tobacco industry


COMMISSIONER MERRIMAN
MELBOURNE, 3 AUGUST 2000


Award simplification.

ORDER


Further to the interim decision issued by the Commission on 18 August 1999 [Print R8264] and the decision issued on 3 August 2000 [Print S8854], the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

PART 1 - APPLICATION AND OPERATION OF AWARD
1. AWARD TITLE

This award shall be known as the Food Preservers’ Award 2000.

2 ARRANGEMENT

[2 amended by PR913150; PR914176; PR950636; PR960031; PR969390]


This award is arranged as follows:

Part 1 - Application and operation of award

1. Award title

2. Arrangement [PR969390]

3. Anti-discrimination

4. Definitions

5. Commencement date of award and period of operation

6. Coverage of award

7. Parties bound

8. Persons, organisations, industries and employers exempted from coverage

9. Relationship with other awards


Part 2 - Award flexibility

10. Enterprise flexibility provisions


Part 3 - Consultation and dispute resolution

11. Dispute resolution [PR950636]

11.1 Settlement of disputes procedure

11.2 Notice board

11.3 Posting of award


Part 4 – Employer and employees’ duties, employment relationship and related arrangements

12. Employer and employee duties

13. Employment categories [PR969390]

13.1 Full-time employment

13.2 Seasonal employment

13.3 Casual employment

13.4 Part-time employment

13.5 Short term employment

14. Redundancy [PR951997]

15. Notice of termination [PR950636]

Part 5 - Rates of pay and related matters

16. Classifications and rates of pay [PR977932]

16.1 Classification transfer principles

16.2 Classification definitions

16.3 Rates of pay

16.4 Arbitrated safety net adjustment

16.5 Mixed functions

16.6 Junior employees

16A. Transitional Wage Rates for Victoria – Application of Common Rule Award
[PR978609]

17. Supported wage system [PR960031]

18. Payment of wages
19. Allowances [PR984103]

19.1 Leading hand allowance

19.2 First aid allowance

19.3 Meal allowance

19.4 Special rates

19.5 Implements, protective clothing and facilities allowance

19.6 Accident pay

20. Superannuation

Part 6 - Hours of work, breaks, overtime, shift work, weekend work

21. Hours of day work
22. Implementation of 38 hour week
23. Breaks [PR914176]

23.1 Meal and rest breaks

23.2 Morning and afternoon rest break

23.3 Bottle inspection

24. Overtime [PR926896]

24.1 Day workers

24.2 Day’s work – to stand alone

24.3 Ten hours’ break after overtime

24.4 Minimum payment – Saturday

24.5 Requirement to work reasonable overtime

24.6 Call back

24.7 Time off in lieu of payment for overtime

25. Make-up time
26. Shift work [PR909753]

26.1 Shift rate

26.2 Meal breaks

26.3 Meal or meal allowance

26.4 Definitions of shift work

26.5 Alteration to times of duty

26.6 Shift transfers

26.7 Extended shift agreements

26.8 Rates for shift work on Sundays and public holidays


Part 7 - Leave of absence and public holidays

27 Annual leave [PR969390]
28. Personal leave [PR969390]
28A. Bereavement Leave [PR969390]
29. Parental leave [PR969390]
30. Jury service
31. Public holidays [PR914176]

Part 8 - Transfers, travelling and working away from usual place of work

32. Transport of employees


Part 9 – Training and related matters

33. Training

Schedule - respondents [PR969956]


3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the 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, national extraction or social origin.

3.2 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.

3.3 Nothing in this clause is taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

3.3.3 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;

3.3.4 the exemptions in s.170CK(3) and (4) of the Act.


4. DEFINITIONS

For the purposes of this award unless a contrary intention appears:

4.1 Adult employee means an employee of the age of eighteen years or more.

4.2 Assistant Syrup Maker means an employee engaged in the making of syrup who is not responsible for achieving the required final strength of the syrup to be used. Provided that an employee who is engaged merely in unloading sugar from bags to syruping tanks shall not be classified as an Assistant Syrup Maker.

4.3 Box or Case Repairer and/or Maker means an employee who repairs and/or makes wooden boxes, cases, crates, trays, slides, skips and/or pallets for use in the employer’s own business. Wooden bulk fruit bins are not included in this definition.

4.4 Carton Assembler by hand does not include an employee forming or partially forming single retail-pack size cartons or packets.

4.5 Casual employee means an employee engaged to perform casual work.

4.6 Employee means a person or one of the classes of persons performing any of the kinds of work covered by this award who may be employed by an employer.

4.7 Employer means an employer upon whom this award is or becomes binding.

4.8 Labelling Machine Operator means an employee operating a continuous flow horizontal labelling unit on cans or jars or a bottle labelling machine affixing two or more labels to such bottles.

4.9 Leading Hand means an adult employee appointed as such by the employer and who, while working under supervision, gives instructions to and/or is responsible for work done by other employees.

4.10 Open or Closed Pan Cooker means an employee responsible for the cooking of jams, sauces of all descriptions, cordials, toppings, pickles, soups and other similar classes of formulated products.

4.11 Pedestrian Fork-lift Operator means an employee operating (from a standing position) a self powered fork-lift appliance designed to lift, elevate, move and stack pallets. This definition specifically excludes stillage trucks or other appliances designed to lift and move a pallet or pallets within 30cm of floor level.

4.12 Quality Checker means an employee performing duties that do not come within those of any classification either under this award or under any other award or determination, Federal or State, who is engaged in testing of raw materials, products in process or containers on line or in an area adjacent thereto in accordance with predetermined routine procedures and the recording of such results.

4.13 Season means the period from which a seasonally grown item is made available to a processing plant to the end of such item being available to it and shall include a lead period where required by the employer for the purpose of training of employees for the processing of such seasonally grown items.

4.14 Seasonal work (or comparable words) means work directly associated with or forming part of the preparation and/or the initial continuous processing of seasonally grown items but does not include:

• work in relation to non-seasonally grown items at a plant where seasonally grown items are being prepared or processed; or

• work on products stored by whatever method and not processed in conjunction with the harvesting period, except for apples, pears and beetroot.

4.15 South Australia and Berrivale Orchards Ltd and all other persons bound by this award except the Australian Industry Group and its members:

4.15.1 Season means the period from which a seasonally grown item is made available to a processing plant to the end of such item being available to it and shall include a lead period where required by the employer for the purpose of commissioning and decommissioning of plant and equipment and of training of employees for the processing of such seasonally grown items.

4.15.2 Seasonal work (or comparable words) means work directly associated with or forming part of the preparation and/or the initial continuous processing of seasonally grown items but does not include:

• work in relation to non-seasonally grown items at a plant where seasonally grown items are being prepared or processed; or

• work on products stored by whatever method and not processed in conjunction with the harvesting period except for apples, pears and beetroot;

provided that the word continuous appearing in this definition shall not connote a particular system of work. Provided further that where a majority of employees at an enterprise agree existing full-time permanent employees may be engaged upon seasonal work and seasonal employees engaged to replace those full-time permanent weekly employees for the period for which the seasonal work continues.

4.15.3 Storeman and packer means:

4.15.3(a) An employee in a store or any place where goods are handled for the purpose of being received, stored or despatched, who is engaged in:

• packing, assembling, collecting, recording or checking goods or materials in course of receipt or despatch; or

• packing from dockets for despatch;

• an adult employee in charge of a label room.

4.15.3(b) For the purposes of this award:

• a storeman and packer shall be so classified notwithstanding that the employee may be under the orders of a superior who does not devote the whole of the employee’s time to supervising, storing and packing work;

• storeman and packer does not include an employee who in the course of manufacture merely encloses goods in the uniform containers in which such goods are ordinarily sold by the manufacturer or Packer who nails, uses staples or seals such containers, nor an employee who merely loads or unloads goods already packed into or from trucks, wagons or bulk containers or on or from pallets.

4.15.4 Syrup Maker on multi strength syrup means an employee who is ordinarily required to make more than one strength of syrup during the course of a day or shift and who achieves the required final strength of the solution to be used.

4.15.5 Syrup Maker (other) or Brine Maker means an employee who:

• is ordinarily required to make a uniform strength syrup and who achieves the required final strength of such syrup; or

• makes brine and achieves the required final strength thereof.

4.15.6 Union means the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

4.15.7 Weighbridge Attendant means an employee engaged in the operation of a weighbridge on the receiving, checking, weighing (gross and net weights) recording and tabulating of quantities of various types of raw and processed material delivered to the factory for subsequent processing. Provided that such definition shall not include an employee engaged in the above-mentioned operations merely involving deliveries associated with transfer between different factories and/or stores of the one employer.


5. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

This award shall come into force from the first full pay period commencing on or after 3 August 2000 and shall remain in force for twelve months.

6. COVERAGE OF AWARD

6.1 This award shall apply in the States of New South Wales, Victoria, South Australia and Tasmania and in the Australian Capital Territory.

6.2 Subject to the exceptions, limitations and further provisions contained in this clause and clause 8- Persons, organisations, industries and employers exempted from coverage of this award, this award shall apply to the employment of all persons employed in or in connection with:

6.2.1 fruit and vegetable preserving, preparing and/or canning, candied peel making, fruit crystallising, fruit mince and fruit or vegetable spreads and fruit butter making;

6.2.2 preserving, preparing, manufacturing and/or canning or bottling of jams, marmalades, jellies, fruits and vegetables, vinegar, pickles, sauces, soups, chutney and wet condiments;

6.2.3 canister making and repairing and box, case or bin making and repairing in connection with an employer’s own business;

6.2.4 processing, manufacturing, bottling and/or canning of nut foods;

6.2.5 fruit juice or vegetable juice processing and/or concentrating and cordial making, including bottling and/or canning;

6.2.6 dehydrating, processing and/or packing of dried fruits;

6.2.7 potato processing, including preparing, cooking, manufacturing and/or packing of potato chips, crisps, flakes and like products;

6.2.8 canning and/or preparation of prepared spaghetti products or puddings, processing of cereal foods and making of pastry;

6.2.9 elsewhere than in the State of New South Wales - fish preserving (including canning) and fish paste processing, but excluding gutting or filleting of fish;

6.2.10 the preserving of meat, meat pastes, meat and vegetables, and meat and cereals in any form;

6.2.11 preparation and processing of prepared meals in preserved or frozen form;

6.2.12 washing and/or grading asparagus at canneries or at washing plants before delivery to cannery.

6.3 The foregoing paragraphs of this subclause shall not be read or construed separately in respect of employment or work which may be comprised with more than one paragraph thereof.

6.4 This award shall also apply to employment of all persons at canneries or at any location outside canneries on all work associated with the removal of pea-vines from vehicles at a pea-viner, feeding into a pea-viner or taking off peas from a viner.

6.5 Where an employer is or becomes also a respondent to or bound by the Grocers Products Manufacture - Manufacturing Grocers Award, 1996 [Print P1412 [G0493]] or any award replacing that award:

this award shall not apply to any factory or plant of that employer at a location where the majority of employees are engaged on work covered by such award or any award replacing the award: Provided that in such a case the employer shall in respect of employees employed on classes of work for which a specific classification (i.e. other than General Hand) is included in this award, but not in the said Grocers Products Manufacture - Manufacturing Grocers Award 1996 or any Award, pay such employees an ordinary rate of pay not less than that provided in this award for such work;

this award shall apply to any factory or plant of that employer at a location where the majority of employees are engaged on work covered by this award: Provided that as to classes of work for which a specific classification (i.e. other than General Hand) is included in the said Grocers Products Manufacture -Manufacturing Grocers Award 1996, but not in this award, the employer shall pay employees concerned with that work an ordinary rate of pay not less than that provided for such work in the said Grocers Products Manufacture -Manufacturing Grocers Award 1996


7. PARTIES BOUND

This award shall be binding upon:

7.1 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, its officers and members; and

7.2 the Australian Industry Group and its members and the employers in the schedule of respondents of this award, in respect of all their employees whether members of the union or not.

7.3 Respondency in the States of New South Wales, Victoria, South Australia, Tasmania and in the Australian Capital Territory.


Except where this award otherwise provides an employer respondent to or bound by this award shall be bound as to that employer’s operations in the States of New South Wales, Victoria, South Australia, Tasmania and in the Australian Capital Territory.

8. PERSONS, ORGANISATIONS, INDUSTRIES AND EMPLOYERS EXEMPTED FROM COVERAGE

8.1 This award shall not apply to:

8.1.1 employment in any factory or plant at a location where an employer is also bound by one of the undermentioned awards as varied:

• The Aerated Waters Industry Award 1981 [Print G1495]

• Dried Fruits, Etc., Industry Consolidated Award 1982 [Print F0703]

• Slaughtering, Freezing and Processing Works (Meat Industry) Interim Award, 1962

• Starch and Condiment Makers (State) Award of the Industrial Commission of New South Wales

Provided that the operation of this award shall only be excluded by this provision to the extent to which such employer, at 31 October 1973, applied to employees concerned the provisions of any award mentioned above to work covered thereby.

8.1.2 Gatemen, Watchmen or Caretakers, Goods Lift Attendants;

8.1.3 clerical work except where such clerical work is embraced in or incidental to the work of any classification in this award other than General Hand;

8.1.4 employment in the driving of vehicles (other than fork-lifts or other power driven factory vehicles used for transporting goods or materials principally within a factory or plant). This provision shall apply notwithstanding that the work of a driver of a vehicle so excluded may include the loading, unloading or maintenance of vehicles.

8.1.5 a qualified tradesman Cooper employed as such;

8.1.6 an employee engaged solely cleaning administrative offices;

8.1.7 employees engaged solely on the canteen staff;

8.1.8 maintenance alterations or repair of factory or plant buildings, machines and equipment except that cleaning of factory or plant buildings and greasing and cleaning of machinery and equipment shall be covered by this award;

8.1.9 Storepersons and Packers employed at bulk stores, warehouses or other distributing centres located away from the area of the premises at which goods are processed or manufactured under this award;

8.1.10 employment in cool stores or freezing chambers or stores located away from the area of the premises at which goods are processed or manufactured under this award;

8.1.11 employees working in laboratories performing tasks of a technical or professional nature that are not expressly classified in this award. For the purpose of this provision, General Hands shall not be deemed to be expressly classified;

8.1.12 first aid or ambulance room staff not also engaged in other duties in or about a factory or store.

8.2 This award shall not apply to the following employers or their employees:

• S.A. Fishermen’s Co-operative Ltd.

• Safcol Seafoods Pty Ltd Vic.

• Victorian Canning Co. Pty Ltd.

• Loxton Co-operative Producers Ltd shall be exempt from this award as to their fruit drying and fruit packing operations.

• Petersville Ltd, Ulverstone, Tasmania shall be exempt from the exclusion of gutting fish as contained in 6.2.9 hereof.

8.3 This award shall apply to Oliveholme Limited, Robinvale in respect to the operations of table olive preserving, preparing and/or canning and extraction of olive oil.


9. RELA TIONSHIP WITH OTHER AWARDS

This award supersedes the award known as the Food Preservers’ Interim Award,1986 [Print H8666 [AW781106]] insofar as it is binding on respondents to that award. No right, obligation or liability accrued or incurred under the Food Preservers’ Interim Award, 1986 shall be affected hereby. No employee shall suffer any reduction in rate of pay or any reduction or withdrawal of existing conditions of employment relating to allowable matters dealt with in this award as the result of the making of this award.

PART 2 - AWARD FLEXIBILITY
10. ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

10.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

10.2 For the purpose of the consultative process the employees may nominate the union or another person to represent them.

10.3 Where agreement is reached an application shall be made to the Commission.

10.4 Without limiting the rights of the parties to arbitration on any matter, agreements reached pursuant to this clause shall be subject to the following requirements:

10.4.1 the standards sought shall not reduce provisions affecting national standards;

10.4.2 the majority of employees affected by the change at the plant or enterprise must genuinely agree to the change;

10.4.3 no employee shall lose any entitlement to earnings, award or overaward, for working ordinary hours of work. Provided that any dispute involving an employee who has worked regular overtime and who, as a consequence of the resultant loss will suffer undue hardship, shall be settled in accordance with the settlement of disputes procedure.


PART 3 - CONSULTATION AND DISPUTE RESOLUTION
11. DISPUTE RESOLUTION

11.1 Settlement of disputes procedure

Subject to the provisions of the Workplace Relations Act 1996, as amended, any dispute shall be dealt with in the following manner:

11.1.1 Should any matter arise which gives cause for concern to an employee, the employee or the employee representative shall raise such matter with the employee’s immediate supervisor.

11.1.2 If, following a reasonable period of time, the matter remains unresolved, it shall be referred to the employee representative of the union who will consult with the appropriate representative of management. Where the shop steward or delegate is involved such person shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.

11.1.3 If the matter remains unresolved it shall be referred to the Regional Secretary of the union (or its representative). This officer shall discuss it with senior representatives of the employer. The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union officials.

11.1.4 If the matter remains unresolved, it shall be referred to such higher levels of the union and the management as may be appropriate.

11.1.5 If the matter remains unresolved it shall be submitted to the Australian Industrial Relations Commission whose decision subject to the parties’ rights of appeal, shall be accepted.

11.1.6 The parties shall at all times confer in good faith and without undue delay.

11.1.7 While the above procedure is being followed, work shall continue normally, except in cases where a bona fide safety issue is involved. No party should be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

11.2 Redundancy disputes

[11.2 inserted by PR950636 ppc 17Aug04]

11.2.1 Clauses 14 and 15 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

11.2.2 Where a redundancy dispute arises and if it has not already done so, an employer must provide affected employees and the relevant unions (if requested by an affected employee) in good time, with relevant information, including:

• the reasons for any proposed redundancy;

• the number and categories of workers likely to be affected; and

• the period over which any proposed redundancies are intended to be carried out.

11.2.3 Where a redundancy dispute arises and discussions occur in accordance with this clause, the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concerned.

11.3 Notice board

[11.2 renumbered as 11.3 by PR950636 ppc 17Aug04]

The employer shall supply and erect a notice board of reasonable dimensions in a prominent position in the establishment to facilitate communication between employees and/or their union representatives.

11.4 Posting of award

[11.3 renumbered as 11.4 by PR950636 ppc 17Aug04]

This award, with any variation made thereto appropriate to employment in the establishment, shall be exhibited, when available, by each employer at the factory in a place accessible to all employees.


PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
12. EMPLOYER AND EMPLOYEE DUTIES

12.1 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

12.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

12.3 Any direction issued by an employer pursuant to 12.1 and 12.2 hereof shall be consistent with the employer’s responsibilities to provide a safe and healthy work environment.


13. EMPLOYMENT CATEGORIES

An employer may only employ persons on work covered by this award under one of the following employment categories:

13.1 Full-time employment

Any employee not specifically engaged as being a part-time, seasonal or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in this award.

13.2 Seasonal employment

13.2.1 On a two day basis during the season and only in respect of seasonal work, in which case, employment shall be terminated by two days notice on either side, given at any time during the day or by the payment or forfeiture, as the case may be, of two days ordinary wages except as provided for by 15.1 and 15.6 of this award.

13.2.2 In addition to all other entitlements seasonal employees shall be entitled to leave in accordance with the provisions of clauses 27 - Annual leave and 28 - Personal leave of the award together with loading.

13.2.3 Terms of transfer of employees

13.2.3(a) At the end of the season, an employer may transfer a seasonal employee to employment as a weekly employee.

13.2.3(b) When the season commences, an employer may transfer a weekly employee with less than one month’s continuous service to employment as a seasonal employee to process peas, asparagus, citrus fruits (concentrated juice) or apples.

13.2.3(c) Any transfer made under the provisions of this subclause shall not terminate the employment or break the continuity of employment of the employees so transferred and the employee shall be then given a statement by the employer of the terms of the employee’s new class of engagement as provided in 13.5.9 hereof.

13.3 Casual employment

Casual employees may be engaged on the basis that employment shall be terminated by one hour’s notice on either side given at any time or by the payment or forfeiture, as the case may be, of one hour’s ordinary pay at the casual rate then applying. The rate of pay for a casual employee shall be as prescribed by 13.3.1 hereof.

13.3.1 Ordinary hours

[13.3.1 substituted by PR957317 from 01May05]

For work performed during ordinary hours casual employees on day work shall be paid the equivalent of weekly rates prescribed for work of the class performed by them plus a casual loading of 22.5% on and from 1 May 2005, and of 25% on and from 1 November 2005.

13.3.2 Shift rates

Casual employees on shift work shall be paid for ordinary hours at the appropriate rates prescribed in 13.3.1 hereof, plus 15% thereof for afternoon shift work and plus 30% thereof for night shift.

13.3.3 Saturdays, Sundays and public holidays - overtime

The rates of pay for casual employees for overtime or for work on Saturdays, Sundays and public holidays shall be time and a half or double time, double time and a half, or treble time, as appropriate, in accordance with clauses 24 - Overtime and 31 - Public holidays of this award, calculated as to casual day workers or day shift workers on 1/38 of the appropriate weekly rate for the work; for such work by a casual employee on afternoon or night shift the rates ascertained for day workers or day shift workers shall have added to them in the case of afternoon shift 15% or in the case of night shift 30%.

13.3.4 Minimum payment

[13.3.4 varied by PR957317 from 01May05]

A casual employee is entitled to a minimum payment for four hours work on any ordinary day or shift. Where work is required on a Saturday or public holiday by a casual employee, the employee shall be entitled to the same minimum periods of payment as provided for weekly or seasonal employees in the same circumstances.

13.3.5 Notice to work

A casual employee shall be notified at the end of the day’s work or shift whether the employee’s services will be required for work on the following day or shift.

13.3.6 Casual employment to permanent employment

[13.3.6 inserted by PR957317 from 01May05]

13.3.6(a) A casual employee, other than an irregular casual employee as defined in clause 13.3.6(i)(i), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of nine months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

13.3.6(b) The employer of such an employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of nine months.

The employee retains his or her right of election under this clause if the employer fails to comply with this paragraph.

13.3.6(c) Any such casual employee who does not within four weeks of receiving written notice elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.

13.3.6(d) Any casual employee who has a right to elect under clause 13.3.6(a), upon receiving notice under clause 13.3.6(b) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

13.3.6(e) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

13.3.6(f) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with clause 13.3.6(d), the employer and employee in accordance with this subparagraph, and subject to clause 13.3.6(d), shall discuss and agree upon:

13.3.6(f)(i) which form of employment the employee will convert to, that is, full-time or part-time; and

13.3.6(f)(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 13.4.

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.

Following such agreement being reached, the employee shall convert to full-time or part-time employment.

Where, in accordance with clause 13.3.6(d) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

13.3.6(g) Subject to clause 10 of the Award, by agreement between the employer and the majority of the employees in the relevant workplace, or section of it, or with the casual employee concerned, the employer may apply clause 13.3.6(a) as if the reference to nine months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement shall be recorded in the time and wages records. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of nine months referred to in clause 13.3.6(a).

13.3.6(h) An employee must not be engaged and re-engaged to avoid any obligation under this Award.

13.3.6(i)(i) An "irregular casual employee" is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

13.3.6(i)(ii) The provisions of clause 13.3.6 do not apply to irregular casual employees.

[13.3.6(i) corrected and renumbered as 13.3.6(j) by PR957670 from 01May05]

13.3.6(j) Clause 13.3.6 shall come into force on and from 1 July 2005.

[13.3.7 inserted by PR957317 from 01May05]

13.3.7(a) An employer when engaging a person for casual employment must inform the employee then and there that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed and the classification level, the actual or likely number of hours required, and the relevant rate of pay.

13.3.7(b) The employer shall give to a casual employee who has been engaged for one or more periods of employment extending over three or more weeks in any calendar month, and whose employment is or is likely to be ongoing, a note in writing signed by or on behalf of the employer stating:

(i) the name and address of the employer;

(ii) if the employee has been engaged by the employer to perform work on hire to another person or company or is regularly engaged to perform work on hire to other persons or companies, a statement to that effect;

(iii) the job to be performed and the classification level on which the employee has been or is likely to be engaged;

(iv) as far as practicable, the terms of the current engagement, including the likely number and likely pattern of hours required to be worked, the casual rate or other loading applied and the base rate of pay on which the loading is applied.

(v) the contingency on which the engagement expires, or the notice, if any, that will be given to terminate any ongoing employment.

13.3.7(c) It shall be sufficient compliance with clause 13.3.7(b) if the employer gives such a note in writing upon or following the first occasion on which the casual employee has been so engaged for a period or periods extending over three or more weeks in any calendar month.

13.3.8 Caring Responsibilities

[13.3.8 inserted by PR969390 ppc 01Feb06]

13.3.8(a) Subject to the evidentiary and notice requirements in 28.2.5 and 28.2.6 casual employees are entitled to not be available to attend work, or to leave work:

• if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

• upon the death in Australia of an immediate family or household member.

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

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

13.4 Part-time employment

[13.4.1 renumbered as 13.4.1(i) by PR957317 from 01May05]

13.4.1(i) An employee may be engaged in accordance with award provisions for full-time employees to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.

[13.4.1(ii) inserted by PR957317 from 01May05]

13.4.1(ii) A part-time employee must be engaged for a minimum of four consecutive hours a day or shift.

13.4.2 Before commencing part-time employment, the employee and the employer must agree:

13.4.2(a) Upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;

13.4.2(b) Upon the classification applying to the work to be performed in accordance with clause 16 - Classifications and rates of pay, of this award.

13.4.3 Except as otherwise provided in this award a part-time employee is entitled to be paid for the hours agreed upon in accordance with 13.4.2(a) hereof.

13.4.4 The terms of this agreement may be varied by consent.

13.4.5 The terms of this agreement and any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

13.4.6 The terms of this award shall apply pro rata to part-time employees on the basis that ordinary hours for full-time employees are 38.

13.4.7 Overtime

A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 13.4.2(a) and 13.4.3 hereof, shall be paid overtime in accordance with clause 24 – Overtime, of this award.

13.4.8 Public holidays

Where a part-time employee’s normal paid hours fall on a public holiday prescribed in clause 31 - Public holidays, of this award and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the public holiday, such employee shall be paid in accordance with clause 31 of this award.

13.4.9 Additional entitlements

In addition to all other entitlements part-time employees shall be entitled to leave in accordance with the provisions of clauses 27 - Annual leave and 28 - Personal leave, of this award together with loading.

13.5 Short term employment

[13.5.1 substituted by PR957317 from 01May05]

13.5.1 On a short-term basis provided that the term shall be for no more than twelve months and no less than three months. The employer shall notify the employees concerned of the term of the employment at the time of engagement. Short-term employment shall not be used to engage and re-engage on a continuing basis workers who could otherwise be provided with weekly employment. Short-term employees shall be entitled to pro rata weekly employment entitlements including pro rata annual leave together with annual leave loading.

13.5.2 This clause 13.5 does not apply to the Australian Industry Group and its members.

13.6 Statement of class of employment

[13.5.9 renumbered as 13.6 by PR957317 from 01May05]

Upon engagement an employee will be provided by the employer with a written statement specifying the employment category and the appropriate terms of engagement as provided for under this clause.


14. REDUNDANCY

[14 substituted by PR950636 ppc 17Aug04; corrected by PR951997 ppc 17Aug04]

14.1 Definitions

14.1.1 Business includes trade, process, business or occupation and includes part of any such business.

14.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

14.1.3 Small employer means an employer who employs fewer than 15 employees.

14.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

14.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

• overtime;

• penalty rates;

• disability allowances;

• shift allowances;

• special rates;

• fares and travelling time allowances;

• bonuses; and

• any other ancillary payments of a like nature.

14.2 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 the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

14.3 Severance pay

14.3.1 Severance pay – other than employees of a small employer

An employee, other than an employee of a small employer as defined in 14.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 yeas
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay

* Week’s pay is defined in 14.1.

14.3.2 Severance pay – employees of a small employer

An employee of a small employer as defined in 14.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and over
8 weeks’ pay

* Week’s pay is defined in 14.1.

14.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

14.3.4 Continuity of service shall be calculated in the manner prescribed by clause 27.9. Provided that service prior to 17 August 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 14.3.2.

14.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].


14.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 15 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

14.5 Alternative employment

14.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

14.5.2 This provision does not apply in circumstances involving transmission of business as set in 14.7.

14.6 Job search entitlement

14.6.1 During the period of notice of termination given by the employer in accordance with 15.2, an employee shall 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.

14.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

14.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 15.3.

14.7 Transmission of business

14.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

14.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

14.7.1(b) Where the employee rejects an offer of employment with the transmittee:

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

14.7.2 The Commission may vary 14.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

14.8 Employees exempted

This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;

• probationary employees;

• apprentices;

• trainees;

• employees engaged for a specific period of time or for a specified task or tasks; or

• casual employees.

14.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

[14.10 deleted by correction PR951997 ppc 17Aug04]


15. NOTICE OF TERMINATION

[15 Termination of employment title changed by PR950636 ppc 17Aug04]

15.1 Termination of employment during first week

Where the employer terminates the employment during the first week of engagement and such termination is for a reason other than for serious misconduct, the employee shall be paid casual rates for all work done by the employee.

15.2 Notice of Termination by Employer

[15.2 substituted by PR950636 ppc 17Aug04]

15.2.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

Period of continuous service
Period of notice


1 year or less
1 week
Over 1 year and up to the completion of 3 years
2 weeks
Over 3 years and up to the completion of 5 years
3 weeks
Over 5 years of completed service
4 weeks

15.2.2 In addition to the notice in 15.2.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

15.2.3 Payment in lieu of the prescribed notice in 15.2.1 and 15.2.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

15.2.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

15.2.4(a) the employee’s ordinary hours of work (even if not standard hours); and

15.2.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

15.2.4(c) any other amounts payable under the employee’s contract of employment.

15.2.5 The period of notice in this clause does not apply:

15.2.5(a) in the case of dismissal for serious misconduct;

15.2.5(b) to apprentices;

15.2.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

15.2.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

15.2.5(e) to casual employees.

15.2.6 Continuous service is defined in clause 27.9.

15.3 Notice of termination by an employee

[15.3 substituted by PR950636 ppc 17Aug04]

15.3.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

15.3.2 If an employee fails to give the notice specified in 15.2.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 15.2.4.

15.4 Job search entitlement

[15.4 substituted by PR950636 ppc 17Aug04]

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

15.5 Work to continue during period of notice

Except as provided for in 14.6 of this award and 15.4 hereof, an employee who has given or been given the required notice of termination of employment under this clause shall continue at work until the expiration of such notice, unless absent with reasonable cause (proof of which shall be on the employee), failing which the employee shall be deemed to have abandoned the employment from the commencement of such absence and shall not be entitled to payment for work done during the period of the required notice.

15.6 Termination - sick leave, annual leave, bereavement leave and workers' compensation

15.6.1 No employee shall give or be given notice whilst absent from work on account of paid sick leave in accordance with clauses 27 - Annual leave, 28 - Personal leave and 29 - Parental leave, of this award.

15.6.2 In the States of New South Wales and Victoria an employer shall not terminate the employment of an employee whilst the employee is injured and/or incapacitated except as provided in 19.13.3(c) and (c) of this award.

15.7 Termination by mutual agreement

Nothing in this clause shall prevent a mutual agreement being reached between an employee and the employer for the required notice of termination of employment to be waived or reduced.

15.8 Deduction of wages

An employer may deduct wages for any day on which the employee has not commenced work and on which the employee cannot be usefully employed because of any strike by any other employees who are members of the union and, further, employees not attending for duty shall, except as provided by clauses 28 - Personal leave and 31 - Public holidays, of this award lose their pay for the actual time of non-attendance.

15.9 Transmission of business

[15.9 inserted by PR950636 ppc 17Aug04]

Where a business is transmitted from one employer to another, as set out in clause 14 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.


PART 5 - RATES OF PAY AND RELATED MATTERS
16. CLASSIFICATIONS AND RATES OF PAY

16.1 Classification transfer principles

Where employees are still to transfer into the classification structure the following principles shall apply:

• employees classified in pay groups 1 and 2 in the Food Preservers’ Interim Award 1986 shall be reclassified to grade F3;

• employees classified in pay groups 3, 4 and 5 in the Food Preservers’ Interim Award 1986 shall be reclassified to grade F2;

• employees classified in pay group 6 in the Food Preservers’ Interim Award 1986 shall be reclassified to grade F1B.

Wage increases arising from the introduction of the minimum rates adjustments shall be subject to absorption into overaward payments.

16.2 Classification definitions

16.2.1 F1A - Food Production Employee, Level 1A

(Proposed relativity to Metal Industry Tradesperson Rate - 78%)

An employee in Level 1A has less than three months experience in the industry or enterprise, and does not possess recognised enterprise or industrial or prior learning experience and/or skills sufficient for appointment to Level 1B or above.

16.2.1(a) Competencies

A person employed as a Level 1A employee performs general duties essentially of a manual nature; and

• exercises minimal judgment;

• works under direct supervision; and

is 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, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

Provided that:

This classification shall not apply to new employees who have recognised enterprise, industrial or prior learning experience;

employees engaged on a casual, seasonal or short- term contracts of employment shall not be classified at Level 1A except as follows:

In respect of seasonal and casual employees, this classification level shall apply to employees who do not have recognised enterprise, industrial or prior learning experience, and who are engaged to perform duties set out in this classification level. However the length of service required to advance to Level 1B, for such a seasonal and casual employees, shall only be a period of four weeks or 152 hours respectively.

no person shall be employed in Level 1A unless there is a recognised structured induction training program in place in the enterprise which has been agreed to by the parties.

16.2.1(b) Typical duties

general labouring and cleaning.

16.2.2 F1B - Food Production Employee, Level 1B

(Proposed relativity to Metal Industry Tradesperson Rate - 82%)

An employee in Level 1B is an employee who has either:

completed a structured induction program over three months or for such shorter period as is necessary to reach the required level of competency for appointment to this Level. or:

has recognised enterprise or industrial experience, training or prior learning experience and/or skills to this level.

Competencies

An employee at Level 1B performs a range of general duties essentially of a manual nature and to the level of the employee’s competency; and

exercises limited judgment;

works under direct supervision;

is undertaking structured training to enable the employee to work at Level 2.

16.2.3 F2 - Food Production Employee, Level 2

(Proposed relativity to Metal Industry Tradesperson Rate - 87.4%:)

An employee in Level 2 is an employee who has either:

completed Level 2 structured training; or

has recognised enterprise or industrial experience, training or prior learning experience and/or skills to this level.

Competencies

An employee in Level 2 performs a range of duties including specialised work; and:

may exercise judgment within defined procedures;

works under general supervision;

may undertake structured training to enable the employee to work at Level 3;

is responsible for the quality of the employee’s own work within the limits of this classification;

assists in the provision of on the job training in conjunction with tradespersons and supervisor/ trainers or accredited training provider approved by the training committee.

16.2.4 F3 - Food Production Employee, Level 3

(Proposed relativity to Metal Industry Tradesperson Rate - 92.4%)

An employee in Level 3 is an employee who has either:

completed Level 3 structured training; or

has recognised enterprise or industrial experience, training or prior learning experience and/or skills to this level.

Competencies

An employee in Level 3 performs work above and beyond the competencies of Level 2 employee; and:

exercises judgment;

works under general supervision;

may undertake structured training to enable the employee to work at Level 4 level;

is responsible for assuring the quality of the employee’s own work;

assists in the provision of on the job training in conjunction with tradespersons and supervisor/ trainers or accredited training provider approved by the training committee.

16.2.5 F4 - Food Industry Tradesperson, Level 1

(Proposed relativity to Metal Industry Tradesperson Rate - 100%)

[16.2.5 corrected and substituted by PR977932 ppc 03Aug00]

A Food Industry Tradesperson - Level 1 is an employee who has either:

completed F4 Level 1 structured training; or

has recognised enterprise or industrial experience, training or prior learning experience and/or skills to this level.

Competencies

A Food Industry Tradesperson - Level 1 performs work above and beyond the competencies of Level 3 employee; and:

understands and applies quality control techniques;

good interpersonal and communication skills;

is able to inspect products and/or materials for conformity with established operational standards;

exercises judgment and decision making skills;

works under general supervision either individually or in a team environment;

may undertake structured training to enable the employee to work at Level 5 level.

16.2.6 F5 - Food Industry Tradesperson, Level 2

(Proposed relativity to Metal Industry Tradesperson Rate - 105%)

A Food Industry Tradesperson - Level 2 is an employee who has completed the following training requirement above that for a Food Industry Tradesperson:

two units from the Associate Diploma of Food Technology (ADFT); or

six modules form the Advanced Certificate of Food Technology (ACFT); or

six modules above the requirement for F.4.

Competencies

A Food Industry Tradesperson - Level 2 works above and beyond a tradesperson at F.4. and to the level of the employee’s training:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

works under general supervision either generally or in a team environment;

understands and implements quality control techniques;

provides technical guidance and assistance as part of a work team;

exercises skills relevant to the specific requirements of the enterprise at a level higher than a Food Industry Tradesperson - Level 1.

16.3 Rates of pay

[16.3.1 varied by PR905653 PR919258 PR933263 PR948129; PR960031 ppc 28Jun05; corrected by PR977932]

16.3.1 Employees, other than those specified in 16.3.2 hereof, shall be entitled to receive the award rate of pay for the relevant classification as set out in the table herein:

Classification Level
Wage Group Level
Total Minimum Rate per 38 Hour Week
Hourly Rate

$
$
$
FPE level 1A
F1A
484.40
12.75
FPE level 1B
F1B
501.10
13.19
FPE level 2
F2
523.60
13.78
FPE level 3
F3
544.50
14.33
FIT level 4
F4
578.20
15.22
FIT level 5
F5
599.10
15.77

16.3.2 The following adult employees are not entitled to receive the award rate of pay set out in the table in 16.3.1 hereof:

• Employees receiving a supported wage (refer to clause 17 - Supported wage system, of this award);

• Trainees;

• Employees in respect of whom a provision under s.123 of the Workplace Relation Act 1996 is in force.

16.3.3 Claims for reclassification to a higher rate

16.3.3(a) An employee shall be entitled to claim a higher level under the classification structure if the employee is required to perform duties equivalent to the competency requirements as set out in 16.2 hereof.

16.3.3(b) In the event that there is a claim by an employee for reclassification to a higher level under the classifications structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience, and is required to utilise such skills, or on any other ground the following principles shall apply:

16.3.3(b)(i) Disputes over reclassification shall be processed in accordance with the provisions of clause 11- Dispute resolution, of this award

16.3.3(b)(ii) The parties, which may include the union, shall have regard to the competency standards which have been developed through the National Food Industry Training Council and the assessment and recognition of prior learning procedures developed by the National and State Training systems.

16.3.3(b)(iii) Where the parties, which may include the union, agree, a recognised provider of competency-based training may be invited to assist with conducting assessments for the classification and reclassification of employees.

16.4 Arbitrated safety net adjustment

[16.4 substituted by PR905653 PR919258 PR933263 PR948129 PR960031; deleted by PR975543 ppc 01Dec06]

16.5 Piece-work rates

[16.5 deleted by PR913150 ppc 07Jan02; corrected by PR914176 ppc 07Jan02]

16.5 Mixed functions

[16.6 renumbered as 16.5 by PR913150 ppc 07Jan02; corrected by PR914176 ppc 07Jan02]

16.5.1 The employer may require an employee to temporarily perform work other than that for which the employee was engaged or on which the employee is usually employed under this award. Provided that such an employee shall not suffer any reduction in the rate of pay for the work or classification upon which the employee is usually employed unless or until the terms and conditions of employment of the employee are altered by the same notice given by the employer as required in this award in cases of termination of employment.

16.5.2 Where an employee is required, under 16.6.1 hereof, to temporarily perform other work and that work is classified by this award at a higher rate of pay or (in respect of any classification not provided in this award) is classified at a higher rate of pay under any other Federal award, State award or determination binding upon the employer in respect of that work, the employee shall be paid for the whole of the time employed on such work at the rate of pay prescribed for such higher classification. Provided that such employee shall be paid at the rate for such higher classification for the whole of the day if such work is performed for over two ordinary hours on any day and for the whole of the week if such work is performed for over ten ordinary hours in any week.

16.5.3 An employee temporarily placed on other work under 16.6.2 hereof shall, if such work is classified under this award at a higher rate of pay, be entitled to the conditions of employment applicable to such higher classification, but if temporarily placed on work other than that mentioned in this subclause, the conditions of employment under this award applicable to the employee's usual classification or class of work shall continue to apply.

16.5.4 Where an employee is placed on other work under 16.6.2 hereof and such work is performed continuously over a period in excess of four weeks or where such employee is relieving for a period of annual leave, whichever is the longer, such an employee shall not suffer a reduction in the rate pursuant to this clause except by the same notice given as required in the award in cases of termination of employment.

16.6 Junior employees

[16.7 renumbered as 16.6 by PR913150 ppc 07Jan02; corrected by PR914176 ppc 07Jan02]

16.6.1 Junior employees employed on any classification other than Levels 1A and 1B shall be paid the appropriate adult rate for such classification.

16.6.2 The minimum rate of wages for a junior employee employed at Levels 1A and 1B shall be 75% of the weekly rate of pay for this classification.

16A. TRANSITIONAL WAGE RATES FOR VICTORIA – APPLICATION OF COMMON RULE AWARD
[16A inserted by PR960031 ppc 27Jun05]

16A.1This clause contains the transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by this award, but are now subject to the award by virtue of the award having been declared a common rule under s. 141 of the Workplace Relations Act 1996.

16A.2These rates of pay and allowances apply only until 31 July 2005.

16A.3Employees, other than those specified in 16A.4 hereof, shall be entitled to receive the award rate of pay for the relevant classificaiton as set out in the table herein:

Classification Level
Wage Group Level $
Total Minimum Rate per 38 Hour Week $
Hourly Rate $
FPE level 1A
F1A
467.40
12.30
FPE level 1B
F1B
484.10
12.74
FPE level 2
F2
506.60
13.33
FPE level 3
F3
527.50
13.88
FPE level 4
F4
561.20
14.77
FPE level 5
F5
582.10
15.32

16A.4The following adult employees are not entitled to receive the award rate of pay set out in the table in 16A.3 hereof:

Employees receiving a supported wage (refer to clause 17 – Supported Wage System, of this award);

Trainees;

Employees in respect of whom a provision under s123 of the Workplace Relations Act 1996 is in force.

16A.5Leading hand allowance (clause 19.1)

In addition to the appropriate weekly rate an employee classified in wage group F2 or F3 and who employed as a Leading Hand as defined shall be paid an additional weekly rate in accordance with the number of employees of whom the employee is in charge, as follows:

Leading hand of charge of:
Weekly Rate $
Less than three employees
11.60
Three to ten employees
18.10
Eleven to twenty employees
27.40
Twenty one or mor employees
38.70

16A.6First aid allowance (clause 19.2)

Every employer respondent to this award shall appoint at least one competent person to be in charge of first aid on each day or shift and shall pay to them a minimum amount of $2.33 per day extra in addition to all other payments due to them under this award.

16A.7Meal allowance (clause 19.3)

16A.7.1 Where a day work or day shift employee is required and does in fact work for more than 9 ½ hours on any day such employee shall either be supplied by the employer with a meal consising of two courses, one of which shall be hot meat (or fish) and vegetables, or be paid $8.65 meal allowance.

16A.7.2 Provided however that a further meal allowance of $8.10 shall not be paid unless such employee performs an additional four hours of work after the 9 ½ hours aforesaid.

16A.8Special rates

In addition to the rates of pay prescribed elsewhere in this award for any class of employee the following extra rates shall be paid for the time an employee is working in the circumstances specified hereunder:

16A.8.1 Wet place allowance

16A.8.1(a) An employee (other than a cleaner of machinery, equipment, vats and the like) working in any place where the employee’s clothing or footwear becomes wet shall be paid 45 cents per hour extra, such extra rate to continue for all time the employee is required to work in wet clothing or footwear.

16A.8.1(b) Provided that such extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear. All protective footwear supplied to an employee under this subclause shall, if previously worn by another person, be properly sterilised before being issued to that employee.

16A.9Dirty work – clearing railway trucks

An employee shall not be required to load or stack goods into a railway truck or railway van which is in a dirty or offensive condition.

An employee may be required to clean out a railway truck or railway van which is in such a condition and whilst so employee shall be paid 67 cents per hour extra, with a minimum payment therefor of $1.26 on any day.

16A.10Heavy weights allowance

A male employee required to lift, carry or stack by hand crates, cases, tubs or other containers of goods or commodities of any description weighing over 41 kgs for more than half an hour continuously 34 cents extra per hour or part of an hour.

16A.11Carton stacking allowance

A male employee required to work singly packing off from one or more labelling lines when the weight of each carton is 22.7 kgs or more 24 cents extra per hour or part of an hour.

16A.12Cold temperatures allowance

16A.12.1 Any employee required to work in in cold temperatures shall be paid extra rates as follows:

• Between -1.1 Celsius and 7.2 Celsius (inclusive) – 45 cents per hour extra;

• Between -1.2 Celsius and -17.8 Celsius (inclusive) – 66 cents per hour extra;

• Below -17.8 Celsius - $1.14 cents per hour extra.

16A.12.2 The appropriate extra hourly rate shall be paid for any hour or part of an hour during which the employee is working in the temperature ranges prescribed above.

16A.12.3 Provided that if during any hour the employee works in more that one such temperature range, the employee shall be entitled for that hour only to the rate applicable for the lower or lowest temperature range in which the employee has worked.

16A.13Pea-vining stations

An employee at a pea-vining station who is required to live away from home in the course employment shall be paid, in addition to the wage rates prescribed by this award, such allowance as will be sufficient to meet the cost of reasonable board and lodging.

An employee engaged on or about a pea-vining machine or station (not inlcuding a mobile pea-viner) which is located away from the processing factory shall receive an additional $4.44 per week.

16A.14Fumigation gas-allowance

An employee using methyl bromide gas in fumigation work shall be paid a special rate of $5.64 in respect of any day on which the employee is required to use such gas.


17. SUPPORTED WAGE SYSTEM

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

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

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

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

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

17.2 Eligibility criteria

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

17.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this agreement/award relating to the rehabilitation of employees who are injured in the course of their employment.

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

17.3 Supported wage rates

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

Assessed capacity
Prescribed award rate
(17.4)



10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%

[17.3.2 varied by PR905653 PR936349; PR960031 ppc 28Jun05]

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

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

17.4 Assessment of capacity

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

17.4.1 The employer and a union party to the award, in consultation with the employee or, if desired by any of these;

17.4.2 The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

17.5 Lodgment of assessment instrument

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

17.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award/agreement, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

17.6 Review of assessment

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

17.7 Other terms and conditions of employment

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

17.8 Workplace adjustment

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

17.9 Trial period

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

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

[17.9.3 varied by PR905653 PR936349; PR960031 ppc 28Jun05]

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

17.9.4 Work trials should include induction or training as appropriate to the job being trialled.

17.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 17.4 hereof.


18. PAYMENT OF WAGES

18.1 Weekly payment

Wages shall be paid weekly during working hours and not later than two working days following the completion of the pay week, provided that where the majority of the employees and an employer agree in writing, such wages may be paid not later than three working days following the completion of the pay week.

18.2 Details of pay

The employer shall supply to the employee, within one day of the payment to which the pay slip relates, details of wage payments made to the employee. Such details shall be in writing and shall contain the following:

• Name of employee

• Classification of the employee

• The date of payment

• Whether the employee's employment under the award is:

• full-time;

• part-time;

• seasonal; or

• casual

• The period covered by the payment

• The rate of wages

• The number of hours covered by the payment:

• at ordinary rate

• at overtime rate

• at any other rate

• The gross amount of wages payable

• The purpose and amount of deductions made

• The net amount of wages paid

• Any amount included in the net amount of payment for an allowance(s)

• The amount of any superannuation contribution made for the employee and the name of the fund to which the contribution was made

18.3 Waiting time

18.3.1 An employee kept waiting for wages on pay day for more than ten minutes after the usual time for ceasing work shall be paid overtime after that ten minutes with a minimum payment as for half an hour.

18.3.2 This subclause shall not apply if wages cannot be paid by the time specified therein due to a cause beyond the employer's control, in which case wages shall be paid at the earliest time at which payment becomes possible.

18.4 Payment on termination

Upon termination of employment, all wages due to an employee (including a casual) shall be paid to the employee on the day of such termination or forwarded to the employee by post on the next ordinary working day.

18.5 Day off coinciding with pay day

In the event that an employee, by virtue of the agreement of the employee’s ordinary working hours, is to take off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day, provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

18.6 Absences from duty under an averaging system

18.6.1 Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following shall apply:

18.6.1(a) The employee will accrue a “credit” for each day the employee works ordinary hours in excess of the daily average.

18.6.1(b) The employee will not accrue a “credit for each day of absence from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers’ compensation, paid bereavement leave, paid carer’s leave, paid training leave or jury service).

18.6.1(c) An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid sick leave, workers’ compensation, paid bereavement leave, paid carer’s leave, paid training leave or jury service) shall accrue a proportion of the “credit” for the day, based on the proportion of the working day that the employee was in attendance.”

18.7 Time book

The employer shall provide at the factory a time book or record. Such time book or record shall contain a correct account of:

• The name and date of birth of each employee;

• The name of each award under which the employee has entitlements;

• The classification of the employee under the award;

• Whether the employee's employment under the award is:

• full-time;

• part-time;

• seasonal; or

• casual

• The date on which the employees employment began;

• The hours worked (including overtime) each day or shift;

• On each day or shift when the employee started and ceased work and the start and cessation of any overtime;

• The time of commencing and finishing the meal period. The meal period before commencing overtime and/or recurring during the working of overtime;

• The rate of remuneration specifying gross, net, overtime and allowance amounts paid;

• The amount and purpose of any deductions made;

• The leave taken by an employee, the entitlement to leave and the accrual of leave;

• The amount and date when superannuation contributions are made on behalf of an employee and the fund into which they are made.


19. ALLOWANCES

19.1 Leading hand allowance

[19.1 varied by PR905653 PR919258 PR933263 PR948129 PR960031 PR975543 PR978609; PR983927 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

In addition to the appropriate weekly rate an employee classified in wage group F2 or F3 and who is employed as a Leading Hand as defined shall be paid an additional weekly rate in accordance with the number of employees of whom the employee is in charge, as follows:

Leading hand of charge of:
Weekly Rate $
Less than three employees
13.30
Three to ten employees
20.50
Eleven to twenty employees
31.10
Twenty one or more employees
44.00

19.2 First aid allowance

[19.2 varied by PR905653 PR919258 PR933263 PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

Every employer respondent to this award shall appoint at least one competent person to be in charge of first aid on each day or shift and shall pay to them a minimum amount of $2.63 per day extra in addition to all other payments due to them under this award.

19.3 Meal allowance

[19.3.1 varied by PR905653 PR919258; corrected by PR919514; varied by PR933263 PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

19.3.1 Where a day work or day shift employee is required and does in fact work for more than 9½ hours on any day such employee shall either be supplied by the employer with a meal consisting of two courses, one of which shall be hot meat (or fish) and vegetables, or be paid $10.10 meal allowance.

[19.3.2 varied by PR919258 corrected by PR921286; varied by PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

19.3.2 Provided however that a further meal allowance of $9.90 shall not be paid unless such employee performs an additional four hours of work after the 9½ hours as aforesaid.

19.4 Special rates

In addition to the rates of pay prescribed elsewhere in this award for any class of employee the following extra rates shall be paid for the time an employee is working in the circumstances specified hereunder:

19.4.1 Wet place allowance

[19.4.1(a) varied by PR905653 PR919258; corrected by PR919514; varied by PR933263 PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

19.4.1(a) An employee (other than a cleaner of machinery, equipment, vats and the like) working in any place where the employee's clothing or footwear becomes wet shall be paid 51 cents per hour extra, such extra rate to continue for all time the employee is required to work in wet clothing or footwear.

19.4.1(b) Provided that such extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear. All protective footwear supplied to an employee under this subclause shall, if previously worn by another person, be properly sterilised before being issued to that employee.

19.4.2 Dirty work - cleaning railway trucks

[19.4.2 varied by PR905653 PR919258; corrected by PR919514; varied by PR933263 PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

An employee shall not be required to load or stack goods into a railway truck or railway van which is in a dirty or offensive condition.

An employee may be required to clean out a railway truck or railway van which is in such a condition and whilst so employed shall be paid 76 cents per hour extra, with a minimum payment therefor of $1.47 cents on any day.

19.4.3 Heavy weights allowance

[19.4.3 varied by PR905653 PR919258; corrected by PR919514; varied by PR933263 PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

A male employee required to lift, carry or stack by hand, crates, cases, tubs or other containers of goods or commodities of any description weighing over 41 kgs for more than half an hour continuously 39 cents extra per hour or part of an hour.

19.4.4 Carton stacking allowance

[19.4.4 varied by PR905653 PR919258 corrected by PR919514; varied by PR933263 PR948129 PR960031 PR975543 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

A male employee required to work singly packing off from one or more labelling lines when the weight of each carton is 22.7 kgs or more 27 cents extra per hour or part of an hour.

19.4.5 Cold temperatures allowance

[19.4.5(a) varied by PR905653 PR913150; corrected by PR914176; varied by PR919258 corrected by PR919514; varied by PR933263 PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

19.4.5(a) Any employee required to work in cold temperatures shall be paid extra rates as follows:

• between -1.1 Celsius and 7.2 Celsius (inclusive) - 51 cents per hour extra;

• between -1.2 Celsius and - 17.8 Celsius (inclusive) - 75 cents per hour extra;

• below -17.8 Celsius - $1.26 cents per hour extra.

19.4.5(b) The appropriate extra hourly rate shall be paid for any hour or part of an hour during which the employee is working in the temperature ranges prescribed above.

19.4.5(c) Provided that if during any hour the employee works in more than one such temperature range, the employee shall be entitled for that hour only to the rate applicable for the lower or lowest temperature range in which the employee has worked.

19.4.6 Pea-vining stations

[19.4.6 varied by PR905653 PR919258; corrected by PR919514; varied by PR948129 PR960031 PR975543 PR978609 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

An employee at a pea-vining station who is required to live away from home in the course of that employment shall be paid, in addition to the wage rates prescribed by this Award, such allowance as will be sufficient to meet the cost of reasonable board and lodging.

An employee engaged on or about a pea-vining machine or station (not including a mobile pea-viner) which is located away from the processing factory shall receive an additional $5.04 per week.

19.4.7 Fumigation gas allowance

[19.4.7 varied by PR905653 PR919258 corrected by PR919514; varied by PR948129 PR960031 PR975543 PR978609; PR983927 ppc 02Oct08; corrected by PR984103 ppc 02Oct08]

An employee using methyl bromide gas in fumigation work shall be paid a special rate of $6.41 in respect of any day on which the employee is required to use such gas.

19.4.8 Special ventilation allowance

An employer shall provide employees peeling onions or preparing or scraping horse-radish with mechanical ventilation by fan when the work is being carried out. If the employer does not supply mechanical ventilation by fan the employer will reimburse employees the cost of purchasing a fan to be used when carrying out the work.

19.4.9 Rates not subject to penalty additions

The extra hourly rates herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

19.5 Implements, protective clothing and facilities allowances

19.5.1 Where the employer requires an employee to provide and use any brushes, spoons, knives, implements and materials, the employer must reimburse the employee for the demonstrated cost of purchasing such equipment.

19.5.2 Where the employer requires or the provision of any State law requires an employee to wear gloves, overalls or uniform the employer must reimburse the employee for the demonstrated cost of such articles.

19.5.3 Where the employer requires or the provision of any State law requires an employee to wear a washable outer garment, the employer must keep the garment laundered or reimburse the employee for the demonstrated cost of such laundering.

19.5.4 Where it is necessary that an employee use barrier cream or other protective ointments due to the employee’s handling fruits, vegetables, pastes, gums, lacquer and like preparations, the employer must reimburse the employee the demonstrated cost of such items.

19.5.5 Where the employees are required to work in cool rooms below temperatures of 7.2 degrees Celsius, the employer must provide suitable headgear, protective clothing and protective footwear or reimburse the demonstrated cost of such items.

19.5.6 Where the employees are required to work in temperatures of –15.6 degrees Celsius or below, the employer must provide suitable clothing, boots, gloves and headgear for working in a freezing chamber or reimburse the demonstrated cost of such items.

19.5.7 Where employees are required to enter cool rooms or freezing chambers for short periods, the employer must provide suitable clothing or reimburse the demonstrated cost of such items.

19.5.8 Where the employer requires an employee to wear safety boots or safety shoes, the employer must provide the employee with such items or reimburse the demonstrated cost of such items.

19.5.9 Where satisfactory evidence is provided by an employee to the employer that, as a result of employment, an employee’s clothing is damaged or destroyed, except where the employee was not wearing required protective clothing, the employer shall reimburse the employee for such items.

19.5.10 Where it is necessary, reasonable or desirable that an employee have the use of a suitable and appropriate seat whilst performing their duties, the employer must reimburse the employee for the purchase and maintenance costs of such a seat. The provisions of this clause shall not apply where the employer supplies such a seat.

19.5.11 The provisions of this clause shall not apply where the employer supplies such items without cost to the employee.

19.6 Accident pay

19.6.1 Application of clause

This clause shall have application in the States of New South Wales and Victoria.

19.6.2 Accident pay

19.6.2(a) Where an employee becomes entitled to weekly compensation payments pursuant to the relevant accident compensation Act presently in force in the States and areas covered by this award, the employer will pay to the employee an amount equivalent to the difference between:

• the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and

• the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties.

The rate to be paid to the employee will exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. Provided that where an employee is not in receipt of any form of weekly overaward payment, productive incentive bonus payments shall be taken into account and the amount and form of such payments shall be determined between the employer and employees concerned and/or the union.

19.6.2(b) Where an employee receives a weekly payment under this section and subsequently that payment is reduced pursuant to the Act, that reduction will not render the employer liable to increase the amount of accident pay in respect of that injury.

19.6.2(c) Payment of part of a week

Where accident pay is payable for part of a week, the amount shall bear the same ratio to accident pay for a full week that ordinary working time during such part bears to the employee’s full ordinary working week.

19.6.3 Qualifications for payment

19.6.3(a) Always subject to the terms of this clause, an employee covered by this clause shall, upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, be paid accident pay by the employer who is liable to pay compensation under the Act, which liability by the employer for accident pay may be discharged by another person on the employer’s behalf.

19.6.3(b) Provided that accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom the employee was employed at the time of the incapacity and then only for such period as the employee receives a weekly payment under the Act: provided that if an employee on partial incapacity cannot obtain suitable employment from the employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable and the employee shall be on leave of absence from the employer.

19.6.3(c) Provided further that an employer shall not terminate the employment of an employee who is injured and/or incapacitated except in those cases where:

19.6.3(c)(i) the termination is due to serious and/or wilful misconduct on the part of the employee; or

19.6.3(c)(ii) the termination arises from a declaration of liquidation of the company, in which case the employee's entitlement shall be considered a debt due and owing by the employer to the employee; or

19.6.3(c)(iii) the period specified in 19.6.4 hereof has expired.

19.6.3(d) As to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided for by relevant legislation) such injuries or diseases shall not be subject to accident pay unless the employee has been employed by the employer at the time of the incapacity for a minimum period of one month.

19.6.3(e) An employee on engagement may be required to declare all workers' compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit entitlement to accident pay under this clause.

19.6.3(f) Notwithstanding any of the above provisions, an employer may terminate, at the conclusion of the appropriate season as defined by 4.16 of this award, a person who is, apart from seasonal employment, a student undergoing a course of full-time study and who is not prevented by reason of injury commencing the course of study at the commencement of the academic year.

19.6.4 Maximum period of payment

Accident pay under this clause shall be payable for a maximum period or aggregate of periods in no case exceeding a total of 52 weeks in respect of incapacity arising from any one injury.

19.6.5 Absences on other paid leave

An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.

19.6.6 Notice of injury

An employee upon receiving injury for which the employee claims to be entitled to receive accident pay shall give notice in writing of the injury to the employer as soon as reasonably practicable after the occurrence of the injury: provided that such notice may be given by a representative of the employee.

19.6.7 Medical examination

19.6.7(a) In order to receive entitlement to accident pay an employee shall conform to the requirements of the Act as to medical examination.

19.6.7(b) Where in accordance with the Act a medical referee gives a certificate as to the condition of the employee and the employee’s fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee, or the employee fails to commence or continue the work, accident pay shall cease from the date of such refusal or failure.

19.6.8 Redemption of weekly payments

Where there is a redemption of weekly compensation payments under the Act, the employer's liability to pay accident pay shall cease as from the date of such redemption.

19.6.9 Civil damages claim

19.6.9(a) An employee receiving or who has received accident pay shall advise the employer of any action the employee may institute or any claim the employee may make for damages. Further, the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.

19.6.9(b) Where an employee obtains a verdict for damages in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

19.6.9(c) Where an employee obtains a verdict for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

19.6.10 Insurance against liability

Nothing in this clause shall require an employer to insure against liability for accident pay.

19.6.11 Variations in compensation rates

Any changes in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

19.6.12 Death of employee

All rights to accident pay shall cease on the death of an employee.

19.6.13 Casual employees

The obligation of an employer to apply the provisions of this clause to an employee engaged as a casual employee in accordance with 13.3 of this award shall be discharged by the payment to the employee of two cents per hour in addition to all other payments to which the employee is entitled under this award. Such additional two cents per hour shall be payable as a flat rate for all hours worked.


20. SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions <http://www.airc.gov.au/portaldocs/superannuation_guidance_note.html>

20.1 Employers will meet their obligations to pay superannuation under the Superannuation Guarantee (Administration) Act (the SGA Act) as varied from time to time.

20.2 In this clause:

20.2.1 Employer means all employers respondent to this award except those bound by the consent awards C No. 2767 of 1987, C No. 1544 of 1987, C No. 1260 of 1987, C No. 1757 of 1987, C No. 1634 of 1987, C No. 2569 of 1987 and C No. 2580 of 1987.

20.2.2 Eligible employee means:

• any weekly employee; or

• any short term or part-time or job sharing employee; or

• any seasonal or casual employee who has worked at least 228 ordinary hours in work covered by this award in any continuous twelve month period.

20.2.3 Gross ordinary time earnings means an employee's award classification rate (including supplementary payment where applicable), any overaward payment, leading hand allowance, shift loading and includes weekend and public holiday rates where the weekend day or public holiday is worked as part of the employee's ordinary hours of work.

20.3 In addition to other payments under this award, an employer shall make a superannuation contribution to the Food Industry Superannuation Trust (F.I.S.T.) on behalf of all eligible employees employed by that employer in accordance with the minimum specified in the SGA Act, currently:


Contributory wage
1998/1999
7%
1999/2000
7%
2000/2001
8%
2001/2002
8%
2002/2003 and thereafter
9%

20.4 Once a seasonal or casual employee becomes an eligible employee an employer shall make the contribution required by 20.2 hereof in respect of all gross ordinary time earnings for hours worked by that seasonal or casual employee with that employer prior to that employee becoming an eligible employee.

20.5 Prior to the commencement of seasonal or casual employment an employer shall request and the prospective employee shall provide information as to whether that employee is an eligible employee and, if not, details of all experience with other employers respondent to this award in the twelve months prior to the proposed commencement date.

20.6 Contributions as required by 20.2 hereof shall be made in respect of all paid leave, but shall not be required to be made in respect of unpaid leave. An employer shall make the contribution required by 20.2 hereof in respect of an employee absent from work due to a work related injury.

20.7 Leave is reserved to any employer to apply to the Commission for exemption from the provisions of the clause provided:

20.7.1 the employer concerned is making superannuation contributions on behalf of the employees to a superannuation fund and such contributions are not less favourable than those provided in this clause.

20.7.2 the relevant superannuation fund complies with the Occupational Superannuation Standards Act and Regulations.

20.8 An employer shall be exempt from the conditions of this clause where such employer and the union agree in writing on an alternative superannuation contribution scheme for the provision of superannuation benefits for the employees concerned.

20.9 Where an employer is contributing in excess of 3% of an employee’s gross ordinary time earnings to a superannuation fund which complies with the Occupational Superannuation Standards Act and Regulations other than FIST at the commencement of this clause such arrangements may continue to apply.


PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEK-END WORK
21. HOURS OF DAY WORK

21.1 The ordinary hours of day work shall be 38 per week.

21.2 Except for shift workers, the ordinary hours of work shall be worked in five days of not more than eight hours continuously except for breaks for meals between 6.00 a.m. and 6.00 p.m. on Mondays to Fridays inclusive. Provided that where as a result of the introduction of 6.00 a.m. - 6.00 p.m. as ordinary hours of work an existing employee (as at 18th October 1991) may lose regular or usual overtime, that change with respect to that employee shall be preceded by consultation with the employee (and where the employee is a member, consultation with the union) and if the consultation fails to resolve the matter it shall be settled in accordance with the settlement of disputes procedure.

21.3 The daily starting and finishing times for day work shall be fixed by the employer within the spread of hours prescribed by 21.2 hereof and shall not be altered except on one week's notice, or during the season two days' notice, given to the employee.

21.4 An employee on day work or day shift may be transferred to an afternoon or night shift on at least 48 hours notice by the employer. Where an employee is so transferred without at least 48 hours notice, the shift or part thereof worked by the employee without that notice shall, for the purpose of this clause be deemed to be part of the employee’s ordinary 38 hours of work. Such work shall be paid for at an extra half rate for the first three hours and an extra full rate thereafter on a daily basis in addition to the employee’s ordinary rate of pay and appropriate shift penalties. Provided that this sub-clause shall not apply where with the consent of the employer, an employee agrees with another employee independently to exchange a rostered shift to suit the mutual convenience of the employees concerned.

21.5 Notwithstanding the provision of 21.1, 21.2, 21.3 and 21.4 hereof an employer may depart from the provisions of 21.1, 21.2, 21.3 and 21.4 hereof and may apply the provisions set out in 21.6 subject to agreement reached in accordance with clause 10 - Enterprise flexibility, of this award.

21.6 Ordinary hours of work may include shifts of up to twelve hours duration provided that:

21.6.1 any such agreement shall comply with and be processed according to the provisions of this award provided that the majority of the employees in the section or sections concerned agree;

21.6.2 the arrangement shall be subject to the following conditions:

21.6.2(a) the employer and the employees concerned shall be guided by the Occupational Health and Safety Provisions of the ACTU Code of Conduct on twelve hour shifts;

21.6.2(b) proper health monitoring procedures shall be introduced;

21.6.2(c) suitable roster arrangements shall be made prior to the introduction of such shifts; and

21.6.2(d) proper supervision shall be provided by the employer.

21.7 Rostered day off falling on a public holiday

21.7.1 An employee who works continuous work and who by the circumstances of the arrangement of the employee’s ordinary hours of work is entitled to a rostered day off which falls on a public holiday prescribed by this clause shall, at the discretion of the employer, be paid for that day at 7 hours 36 minutes at ordinary rates or have an additional day added to the employee’s annual leave. This provision shall not apply when the public holiday on which the employee is rostered off falls on a Saturday or Sunday.

21.7.2 In the case of an employee whose ordinary hours of work are arranged in accordance with 22.2.2 or 22.2.4 of this award, the weekday to be taken off shall not coincide with a public holiday fixed in accordance with 31.1 and 31.2 of this award. Provided that, in the event that a public holiday is prescribed after an employee is given notice of the employee’s weekday off in accordance with clause 25 of this award and the public holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take the day off on an alternate weekday.

21.8 Payment for time worked on Sunday and public holidays

All work by day workers performed on Christmas Day and Good Friday shall be paid for at the rate of treble time, on other public holidays at the rate of double time and one half and on Sundays at the rate of double time. The minimum payment shall be as for four hours work at treble time, double time and one half or double time as the case may be. Such treble time, double time and one half or double time shall continue until the completion of the work commenced on the Sunday or public holiday.


22. IMPLEMENTATION OF 38 HOUR WEEK

22.1 Ordinary hours of work shall be an average of 38 per week as provided in clauses 21 - Hours of day work and 26 - Shift work, of this award.

22.2 Except as provided 22.4 and 22.5 hereof, the method of implementation of the 38 hour week may be any of the following:

22.2.1 by employees working less than eight ordinary hours each day; or

22.2.2 by employees working less than eight ordinary hours on one or more days each week; or

22.2.3 by fixing one weekday on which all employees will be off during a particular work cycle; or

22.2.4 by rostering employees off on various days of the week during a particular work cycle so that each employee has on week day off during the cycle.

22.3 In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

22.4 Subject to the provisions of 21.4 and 26.7 of this award, the employer and the majority of employees in the plant or section or sections concerned may agree that the hours of work are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

22.5 Circumstances may arise where different methods of implementation of the 38 hour week apply to various groups or sections of employees in the plant or establishment concerned.

22.6 Notice of days off

Except as provided in 22.7 and 22.8 hereof, in cases where, by virtue of the arrangement of the employee’s ordinary working hours, an employee, in accordance with 22.2.3 and 22.2.4 hereof, is entitled to a day off during the employee’s work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off. Provided that a lesser period of notice may be agreed by the employer and majority of employees or section or sections concerned.

22.7 Substitute days

22.7.1 An employer, with the agreement of the majority of employees concerned may substitute the day an employee is to take off in accordance 22.2.3 and 22.2.4 hereof for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

22.7.2 An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

22.8 Flexibility in relation to rostered days off

22.8.1 Notwithstanding any other provision of this clause, where the ordinary hours of work of an establishment, plant or section are organised in accordance with 22.2.3 and 22.2.4 hereof an employer, the union and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

22.8.2 Where such agreement has been reached the accrued rostered days off must be taken within twelve months of the date of on which they fall due.

22.8.3 It is understood between the parties that the involvement of the union would be necessary in cases where it has members in the plants concerned and not in non-union establishments.


23. BREAKS

23.1 Meal and rest breaks

23.1.1 Subject to the provisions of this clause, no day work or day shift employees shall work for more than five and half hours without a break for a meal which break shall be 30 minutes, except where the employer and the majority of employees covered by this award agree to a break of not more than one hour nor less than 30 minutes.

23.1.2 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer with 24 hours' notice if it is necessary to do so in order to meet a requirement for continuity of operations.

23.1.3 An employer may stagger the time of taking a meal break and rest break to meet operational requirements.

[23.1.4 substituted by PR913150 ppc 07Jan02; corrected by PR914176 ppc 07Jan02]

23.1.4 No additional 30 minute rest/meal break shall apply where a day work or day shift employee finishes work for the day not later than 1 1/2 hours after the end of the employee's ordinary hours on any ordinary day or at that time on a Saturday, Sunday or public holiday.

23.1.5 No midday meal break shall apply where a day work or day shift employee finishes work for the day at or before 12.30 p.m. on a Saturday, Sunday or public holiday.

[23.1.6 varied by PR913150 ppc 07Jan02; corrected by PR914176 ppc 07Jan02]

23.1.6 In the case of shift workers other than day shift workers, when working overtime including a Saturday, Sunday or public holiday shift, a further meal break of 30 minutes shall be allowed at the end of such shift where more than 1½ hours' further work is to be performed. Such further meal break shall be paid for as time worked.

In the case of day shift workers, when working overtime including a Saturday, Sunday or public holiday shift, a further meal break of 30 minutes shall be allowed at the end of shift where more than 1 1/2 hour's further work is to be performed. Such further meal breaks shall not be paid for as time worked except where work is performed pursuant to a three shift (day, afternoon and night) arrangement, the time of such meal breaks shall be counted and paid for as time worked.

23.1.7 For work performed by a day worker or day shift worker during the employee's recognised mid-day meal break on any ordinary day, time and a half rate shall apply until a meal break is allowed or until cessation of ordinary hours on the day whichever is earlier. Provided that the employer shall not be obliged to pay such overtime rates to an employee working through the employee’s recognised meal break when the employer grants to the employee an earlier meal break commencing not more than 30 minutes before the employee’s recognised meal break.

23.1.8 Where a day worker or day shift worker is required to work on a Saturday, Sunday or public holiday, the employee shall be notified by the employer on the preceding actual working day of the time that the mid-day meal break will be taken.

23.1.9 For work performed by a day worker or a day shift worker on a Saturday, Sunday or public holiday, during such notified midday meal break, the rate of pay then being received by the employee shall be increased by one half until a meal break is allowed or until work ceases for the day, whichever is the earlier.

23.1.10 Provided that the employer shall not be obliged to pay such additional rate to an employee working through the employee’s notified meal break where the employer grants to the employee an earlier meal break commencing not more than 30 minutes before the employee’s notified meal break.

23.1.11 Should such an employee refuse to work a minimum of two hours overtime or additional overtime (as the case may be) if so required by the employer, the employee shall forfeit any right to payment of meal allowance.

23.1.12 Payment of such meal allowance shall not apply in the case of an employee living within a walking distance of not more than half a mile from the place of employment if one hour is allowed as time for a meal.

23.2 Morning and afternoon rest break

Employees shall be allowed morning and afternoon rest break at such times and in such manner as shall not interfere with the continuous running of the factory.

23.3 Bottle inspection

An employee inspecting bottles immediately before filling shall be relieved of such work for a period of twenty minutes after each two hours, but whilst on other work during such relief shall not suffer any reduction in the rate of pay for such inspecting of bottles.


24. OVERTIME

Subject to the other provisions of this clause and subject further to clause 31 - Public holidays of this award, overtime shall be paid to employees (other than casual employees) at the following rates:

24.1 Day workers

24.1.1 Monday to Friday inclusive

For all time worked before 6.00 a.m. or after 6.00 p.m. or before the fixed starting time or after the fixed finishing time on any day, Monday to Friday inclusive, or in excess of eight ordinary hours on any such day - time and a half for the first three hours and double time thereafter, such double time to continue until the completion of the overtime work. Provided that where as a result of the introduction of 6.00 a.m. to 6.00 p.m. as ordinary hours of work an existing employee (as at 18 October 1991) may lose regular or usual overtime, that change with respect to that employee shall be preceded by consultation with the employee (and where the employee is a member, consultation with the union) and if the consultation fails to resolve the matter it shall be settled in accordance with the settlement of disputes procedure.

24.1.2 Saturday

For all time worked on a Saturday until noon - time and a half for the first three hours and double time thereafter and after noon - double time.

24.1.3 Shift workers

24.1.3(a) For all time worked before the fixed starting time of any shift or after the fixed finishing time of any shift or in excess of eight hours on any shift, or in excess of 38 ordinary hours on shift in any week - time and a half for the first three hours and double time thereafter plus for all such overtime 15% of ordinary time if on afternoon shift or 30% of ordinary time if on night shift. Such entitlements shall continue until the completion of overtime work.

24.1.3(b) Where work commences on a Saturday until noon - time and a half for the first three hours and double time thereafter up to noon, plus for all such work 15% of ordinary time if on afternoon shift and after noon, double time, plus 15% of ordinary time if on afternoon shift or 30% of ordinary time if on night shift.

24.2 Day's work - to stand alone

Except as otherwise provided in 24.3 hereof in calculating overtime each day's work shall stand alone.

24.3 Ten hours' break after overtime

24.3.1 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

24.3.2 An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

24.3.3 If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

24.4 Minimum payment - Saturday

24.4.1 In the case of an employee on day work working overtime on a Saturday, or being notified to work overtime on a Saturday and on reporting for duty is advised that the employee’s services are not required, the employee shall be paid as for a minimum of two and one half hours work calculated at the rate of time and a half until twelve noon and at double time thereafter subject to the rate of double time applying when an employee is notified to report for work at twelve noon or later.

24.4.2 The provisions of the foregoing paragraph shall also apply to an employee on shift work, except that the minimum payment for afternoon or night shift employees shall be as for two and one half hours work at double time plus 15% or 30% respectively of ordinary time.

24.5 Requirement to work reasonable overtime

[24.5.1 substituted by PR923229 ppc 29Oct02; corrected by PR926896 ppc 29Oct02]

24.5.1 Subject to clause 24.5.1(a) an employer may require an employee to work reasonable overtime at overtime rates.

24.5.1(a) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

24.5.1(a)(i) any risk to employee health and safety;

24.5.1(a)(ii) the employee's personal circumstances including any family responsibilities;

24.5.1(a)(iii) the needs of the workplace or enterprise;

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

24.5.1(a)(v) any other relevant matter.

[24.5.2 substituted by PR923229; corrected by PR926896 ppc 29Oct02]

24.5.2 Provided that no male junior employee under the age of eighteen years and no female employee shall be required or permitted to work for more than twelve hours (exclusive of meal breaks) after commencing work on any day.

24.5.3 Provided further that during the season weekend work shall be arranged by the employer to allow, whenever possible, an average of one Saturday or Sunday free of duty in every two weekends.

24.5.4 Notwithstanding the provisions of 24.1 to 24.4 hereof inclusive, the employer may depart from the provisions of 24.1 to 24.4 hereof inclusive pursuant to and for the purposes of an agreement in relation to extended shifts reached in accordance with clause 11 - Dispute resolution, of this award, provided that:

24.5.5 Any such agreement shall comply with and be processed according to the provisions of this award provided that the introduction of any shift in excess of ten hours shall require the agreement of the relevant branch secretary of the union, which agreement shall not unreasonably be withheld.

24.5.6 The arrangements shall be subject to the following conditions:

24.5.6(a) the employer and the employees concerned shall be guided by the Occupational Health and Safety Provisions of the ACTU Code of Conduct on twelve hour shifts;

24.5.6(b) proper health monitoring procedures shall be introduced;

24.5.6(c) suitable roster arrangements shall be made prior to the introduction of such shifts; and

24.5.6(d) proper supervision shall be provided by the employer.

24.6 Call back

24.6.1 An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time the employee is recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employee’s ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

24.6.2 Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of 24.3 hereof when the actual time worked is less than three hours on such recall or on each of such recalls.

24.7 Time off in lieu of payment for overtime

Notwithstanding provisions elsewhere in this award, the employer and the majority of employees at an enterprise may agree to establish a system of time off in lieu of overtime provided that:

24.7.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

24.7.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate that is an hour for each hour worked.

24.7.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in this clause, for any overtime worked under 24.7.1 hereof where such time has not been taken within four weeks of accrual.

24.7.4 This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of time off in lieu of overtime flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

24.7.5 Once a decision has been taken to introduce an enterprise system of time off in lieu, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to regulations 131A- 131R of the Industrial Relations Regulations.

24.7.6 An employer shall record time off in lieu arrangements in the time and wages book as prescribed in18.7 of this award at each time this provision is used.


25. MAKE-UP TIME

25.1 An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and work those hours at a later time, during the spread of ordinary hours provided in this award.

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

25.3 This provision is subject to the employer informing the union, if the provision applies to a member of the union employed at the particular enterprise of its intention to introduce an enterprise system of make-up time flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

25.4 Once a decision has been taken to introduce an enterprise system of make-up time, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to regulations 131A-131R of the Workplace Relations Regulations.

25.5 An employer shall record make-up time arrangements in the time and wages book, as prescribed in 18.7 of this award at each time this provision is used.


26. SHIFT WORK

Subject to 26.4, 26.5 and 26.6 hereof and clause 22 - Implementation of 38 hour week, of this award an employer may require any employee to perform a week's work on shift work of five shifts of up to eight hours each. Such shifts shall be between 11.00 p.m. on a Sunday and 8.00 a.m. on the following Saturday.

26.1 Shift rate

Except where a higher rate of pay is provided under clause 31 - Public holidays, of this award for work on Sunday or public holiday, payment for any afternoon shift shall be at ordinary time plus 15%, and for any night shift shall be at ordinary time plus 30%. Provided that as to casual employees on shift work 13.3.2 of this award shall apply.

26.2 Meal breaks

26.2.1 A meal break of 30 minutes shall be allowed to shift workers on all shifts.

26.2.2 On afternoon and night shift, the meal break shall be taken as nearly as possible to the middle of the shift.

[26.2.3 substituted by PR909753 ppc 03Aug00]

26.2.3 Where work is performed pursuant to a three shift (day, afternoon and night) arrangement, the time of such meal break shall be counted and paid for as time worked.

26.3 Meal or meal allowance

26.3.1 The provisions of 19.3.1 and 19.3.2 of this award shall also apply to a shift worker other than a day shift worker, if required to and does in fact work for more than 9½ hours on any day or such employee performs an additional four hours of work after the 9½ hours as aforesaid.

26.3.2 Notwithstanding the provisions of 23.1 of this award and 26.3 hereof, an employer may depart from the provisions of 23.1 of this award and 26.3 hereof subject to agreement reached pursuant to the provisions of clause 10 of this award.

26.4 Definitions of shift work

26.4.1 Day shift shall not commence before 6.00 a.m.

26.4.2 Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.

26.4.3 Night shift means any shift finishing after midnight and at or before 8.00 a.m.

26.4.4 Provided that where, as a result of the introduction of 6.00 a.m. to 6.00 p.m. as ordinary hours of work an existing employee (as at 18 October 1991) may lose regular or usual overtime, that change with respect to that employee shall be preceded by consultation with the employee (and where the employee is a member, consultation with the union) and if the consultation fails to resolve the matter it shall be settled in accordance with the settlement of disputes procedure.

26.4.5 No employee under the age of eighteen years shall be employed on night shift.

26.5 Alteration to times of duty

The commencing and finishing times of shift work shall be fixed by the employer and shall not be altered except on one week's notice, or during the season two days notice, given to the employee.

26.6 Shift transfers

An employee on afternoon or night shift may be transferred to day work, day shift or another shift on at least 48 hours notice by the employer. Where such an employee is so transferred without at least 48 hours notice any day or shift or part thereof worked without that notice shall, for the purpose of this clause, be deemed to be part of the ordinary 38 hours of work. Such work shall be paid for at an extra half rate for the first three hours and an extra full rate thereafter on a daily basis in addition to the employee's ordinary rate of pay and shift penalties, if applicable. Provided that this subclause shall not apply where, with the consent of the employer, an employee agrees with another employee independently to exchange a rostered shift to suit the mutual convenience of the employees concerned.

26.7 Extended shift agreements

26.7.1 Notwithstanding the provisions of this clause, an employer, employee and the union may reach agreement for the working of up to twelve hour shifts in accordance with clause 11 - Dispute resolution, of this award, provided that:

26.7.2 Any such agreement shall comply with and be processed according to the provisions of this award provided that the introduction of any shift in excess of ten hours shall require the agreement of the relevant branch secretary of the union, which agreement shall not unreasonably be withheld.

26.7.3 The arrangements shall be subject to the following conditions:

26.7.3(a) the employer and the employees concerned shall be guided by the Occupational Health and Safety Provisions of the ACTU Code of Conduct on twelve hour shifts;

26.7.3(b) proper health monitoring procedures shall be introduced;

26.7.3(c) suitable roster arrangements shall be made prior to the introduction of such shifts; and

26.7.3(d) proper supervision shall be provided by the employer.

26.8 Rates for shift work on Sundays and public holidays

Subject to 26.8.1 and 26.8.2 hereof, shift workers, for all time worked on a Sunday or public holiday shall be paid in accordance with 29.8 of this award (as appropriate) plus 15% or 30% of ordinary time, or ordinary piece rates (as appropriate) according to their shift.

26.8.1 Definitions

Where shifts fall partly on a public holiday, that shift, the major portion of which falls on the public holiday, shall be regarded as the public holiday shift and be payable at the appropriate rates under 21.8 of this award. Provided that, by agreement between the employer and the union, the shift which commenced during the public holiday may be observed as the public holiday shift, in which case public holiday rates shall not be payable for any part of the preceding shift worked during such public holiday.

26.8.2 Work performed between 11.00 p.m. and midnight Sundays

Where shifts commence between 11.00 p.m. and midnight on a Sunday, the time so worked before midnight shall not entitle the employee to the Sunday rate of pay, but to the rate payable for the following day.

26.8.3 Reporting for duty - minimum payment

In the case of an employee working on a Sunday or public holiday, or being notified to work on a Sunday or public holiday and on reporting for duty is advised that the employee’s services are not required, the employee shall be paid:

26.8.3(a) in the case of a Sunday, as for a minimum of two and a half hours work at the rate of double time if a day worker, and at double time plus 15% or 30% of ordinary time (as appropriate) if a shift worker;

26.8.3(b) in the case of Christmas Day and Good Friday as for a minimum of two and a half hours work at the rate of treble time for a day worker and at treble time plus 15% or 30% of ordinary time (as appropriate) if a shift worker;

26.8.3(c) in the case of any other public holiday prescribed by 31.1 of this award as for a minimum of two and a half hours work at double time and a half if a day worker, or double time and a half plus 15% or 30% of ordinary time (as appropriate) if a shift worker.


PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
27. ANNUAL LEAVE

27.1 Period of leave

27.1.1 A period of 28 days consecutive leave, including non-working days, shall be allowed annually to an employee after twelve month's continuous service (less the period of annual leave) as an employee, other than a casual employee, in any one or more of the occupations to which the award applies.

27.1.2 An employee other than a casual employee shall accrue annual leave at a rate of 2.923 hours for each 38 ordinary working hours worked.

27.2 Leave exclusive of public holidays

27.2.1 If any public holiday mentioned in clause 31 - Public holidays, of this award falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one working day for each such public holiday observed as aforesaid.

27.2.2 Notwithstanding anything hereinbefore contained an employee shall not be entitled to payment for any public holiday which falls within the employee’s period of annual leave and is observed on a day which in the case of such employee would otherwise have been an ordinary working day if, except for reasonable cause (proof whereof shall be upon the employee) the employee fails to resume work at the employee’s ordinary starting time on the working day immediately following the period comprising the employee’s period of leave (extended by any such intervening public holiday or holidays) and to remain at work thereafter for the number of days equivalent to the number of such public holidays.

27.3 Time of leave taking

27.3.1 Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued and after not less than one month's notice to the employee.

[27.3.2 varied by PR969390 ppc 01Feb06]

27.3.2 Provided that a shorter period of notice may be given by mutual agreement between the employer and the employee and with the concurrence of the Branch Secretary of the union; provided further that the said period of six months may be extended by a further period not exceeding eighteen months by mutual agreement in writing between the employer and the employee and with the concurrence of the branch secretary of the union.

27.4 Leave to be taken

The annual leave provided for by this clause shall be allowed and shall be taken, and except as provided in 27.6 and 27.7 hereof payment shall not be made or accepted in lieu of annual leave.

27.5 Payment for period of annual leave

27.5.1 Each employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period.

27.5.2 Subject to 27.9 hereof each employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:

27.5.2(a) Time workers

27.5.2(a)(i) The rate applicable to the employee as prescribed by clauses 16 - Classifications and rates of pay, 16.5, 17 - Supported wage rates and 19.2 of this award; and

27.5.2(a)(ii) subject to 27.6.2(b) hereof the rate prescribed for work in ordinary time by clause 26 - Shift work of this award according to the employee's roster or projected roster;

27.5.2(a)(iii) the rate payable pursuant to clause 21 - Hours of day work, of this award calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise;

27.5.2(a)(iv) any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by 19.4 to 19.10 inclusive, clause 24 - Overtime and 32.2 of this award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.

27.6 Loading on annual leave

27.6.1 During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by 27.5.2 hereof, subject to the provisos herein.

27.6.2 The loading shall be as follows:

27.6.2(a) Day workers - an employee who would have worked on day work only had the employee not been on leave - a loading of 17.5%;

27.6.2(b) Shift workers - an employee who would have worked on shift work had the employee not been on leave - a loading of 17.5%

27.6.3 Provided that where the employee would have received shift loadings prescribed by clause 26 - Shift work, of this award, had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the shift loadings as prescribed in 27.5.2(a)(ii) hereof shall be included in the rate of wage prescribed by 27.5.1 and 27.5.2 hereof in lieu of the 17.5% loading.

27.6.4 Provided further, that if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5% then such loading of 17.5% shall be added to the rate of wage prescribed by 27.5.2 hereof in lieu of the shift loadings.

27.6.5 The loading prescribed by this subclause shall not apply to proportionate leave on termination except when the employment of a seasonal employee is terminated by the employer for reasons other than misconduct.

27.7 Leave allowed before due date

27.7.1 An employer may allow an employee to take annual leave either wholly or partly in advance before the right thereto has accrued due. In such case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part thereof had been taken before it accrued.

27.7.2 Where annual leave or part thereof has been granted pursuant to 27.7.1 hereof, before the right hitherto has accrued due, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months' continuous service in respect of which the leave was granted; and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under 27.8 hereof, the employer shall not be liable to make any payment to the employee under 27.8 hereof, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

27.8 Proportionate leave on termination

If an employee other than a casual employee, who after one week's continuous service in the first qualifying twelve monthly period or during a subsequent qualifying twelve monthly period with an employer, leaves the employment of the employer or the employment is terminated by the employer, the employee shall be paid at the appropriate rate of wage prescribed in 27.5.1 and 27.5.2 hereof, for 2.923 hours for each 38 ordinary hours worked and in respect of which leave has not been granted under this clause. Provided that service after 1 December 1973 shall be paid at the appropriate rate of wage prescribed by 27.5.1 and 27.5.2 hereof, for 3.08 hours for each five ordinary working days worked and in respect of which leave has not been granted under this clause.

27.9 Calculation of continuous service

27.9.1 Service shall be deemed to be continuous notwithstanding:

27.9.1(a) any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations hereunder in respect of annual leave;

27.9.1(b) any absence from work on account of personal illness or injury, or on account of leave granted by the employer;

27.9.1(c) any other absence from ordinary hours of employment due to reasonable cause (proof whereof shall be on the employee);

27.9.1(d) any break in employment with one employer during the season (as defined); provided that only the aggregate of actual service given within the season shall be taken into account for the purpose of the payment prescribed in 27.7.1 and 27.7.2 hereof.

27.9.2 Provided that in cases of personal illness or injury or absence with reasonable cause the employee to be entitled to the benefit of this subclause shall, if practicable inform the employer in writing within 24 hours after the commencement of such absence of inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the employee’s absence.

27.9.3 Any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

27.9.4 In cases of individual absenteeism, such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union a copy of such notice not later than the day it is posted up in the plant.

27.9.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the employee’s last recorded address, in which case it shall be deemed to have reached the employee in due course by post.

27.9.6 Where an employee has been given notice in pursuance of this subclause the employee may within fourteen days of its receipt apply to a Board of Reference for its decision whether the absence shall be regarded as a break in the continuity of the employee’s service.

27.9.7 In calculating the period of twelve months' continuous service, absences not exceeding 25 working days shall be counted as time worked if such absences arise from any of the following:

27.9.7(a) Personal illness or injury certified by a medical practitioner as requiring absence from work;

27.9.7(b) Bereavement leave in accordance with clause 28 - Personal leave of this award.

27.9.8 Other absences from work shall not be taken into account.

27.10 Service before date of award

Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed.

27.11 Calculation of month

For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the date which in the latest month in question has the same date number as that which the commencing day had in its month and if there be no such day in such subsequent month shall be reckoned as ending at the end of such subsequent month.

27.12 Employer-successorship of business etc

Where the employer is a successor, assignee or transmittee of a business if an employee was in the employment of the employer's predecessor at the time when the employer became such successor, assignee or transmittee, the employee, in respect of the period during which the employee was in the service of the predecessor, shall for the purpose of this clause be deemed to have been in the service of the employer.

27.13 Annual close-down

27.13.1 Where an employer closes down the plant, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the plant, or section or sections concerned, the following provisions shall apply:

27.13.1(a) The employer may by giving not less than four weeks' notice of its intention so to do stand off for the duration of the close-down all employees in the plant or section or sections concerned and allow to those who are not then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to 27.1 hereof paid leave on a proportionate basis at the appropriate rate of wage as prescribed by 27.5.1 and 27.5.2 hereof for 2.923 for each 38 ordinary hours worked.

27.13.2 An employee who has then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to 27.1 hereof, and has also completed a further week or more of continuous service shall be allowed leave, and shall subject to 27.10 hereof also be paid at the appropriate rate of wage as prescribed by 27.1 hereof for 2.923 for each 38 ordinary hours worked since the close of the employee’s last twelve monthly qualifying period.

27.13.3 The next twelve monthly qualifying period for each affected by such close-down shall commence from the day on which the plant, or section or sections concerned is re-opened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause shall be deemed to be time of service in the next twelve monthly qualifying period.

27.13.4 If in the first year of service with an employer an employee is allowed proportionate annual leave under 27.13.1(a) hereof, and subsequently within such year leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of 27.8 hereof subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

27.13.5 An employer may close down the plant for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down the plant in two separate periods one of those periods shall be for a period of at least 21 consecutive days. Provided that where the majority of the employees in the plant or section or sections concerned agree the employer may close down the plant in accordance with this subclause in two separate periods neither of which is of at least 21 consecutive days, or in three separate periods. In such cases the employer shall advise the employees concerned of the proposed dates of each close-down before asking them for their agreement.

27.14 Part close-down or part rostered leave

27.14.1 An employer may close down the plant or a section or sections thereof for a period of at least 21 consecutive days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.

27.14.2 An employer may close down the plant, or a section or sections thereof for a period of less than 21 consecutive days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of employees in the plant, or a section or sections thereof respectively and before asking the employees concerned for their agreement the employer shall advise them of the proposed date of the close-down or close-downs and the details of the annual leave roster.

27.15 Notification to union

If a vote by employees is required pursuant to 27.13.1 or 27.14 hereof, the employer shall notify the State Branch Office of the union not less than 24 hours before such vote is to be taken.

27.16 Broken leave

27.16.1 The annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods then one of those two periods must be of at least 21 consecutive days. Provided that if the employer and an employee so agree then the annual leave entitlement may be given and taken in two separate periods neither of which is of at least 21 consecutive days, or in three separate periods.

27.16.2 Provided further that an employee may, with the consent of the employer, take short-term annual, not exceeding four days in any calender year, at a time or times separate from any of the periods determined in accordance with this subclause.

27.17 Single day annual leave absences

27.17.1 Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at the enterprise may agree to establish a system of single day annual leave absences, provided that:

[27.17.1(a) substituted by PR969390 ppc 01Feb06]

27.17.1(a) An employee may elect, with the consent of the employer to take annual leave in single day periods or part of a single day not exceeding a total ten days in any calendar year at a time or times agreed between them.

27.17.1(b) Access to annual leave, as prescribed in this clause, shall be exclusive of any shutdown period provided for elsewhere under this award.

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

27.17.1(d) This clause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of annual leave flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

27.17.1(e) Once a decision has been taken to introduce an enterprise system of single day annual leave, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to regulations 131A - 131R of the Workplace Relations Regulations.

27.17.1(f) The employer shall record these short term annual leave arrangements in the time and wages book.


28. PERSONAL LEAVE

[28 substituted by PR969390 ppc 01Feb06]


The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees. The entitlements of casual employees are set out at clause 13.3.8.

28.1 Amount of paid personal leave

28.1.1 Paid personal leave will be available to an employee when they are absent due to:

28.1.1(a) personal sickness or injury; or

28.1.1(b) for the purposes of caring for an immediate family or household member who is sick and requires the employee's care or due to an unexpected emergency.

28.1.2 Personal leave of:

28.1.2(a) 38 hours will be available in the first year of service.

28.1.2(b) 61 hours will be available in the second and following years of service.

28.1.3 Unused personal leave may accumulate for a period of seven years.

28.2 Personal leave to care for an immediate family or household member

28.2.1 The entitlement to use personal leave to care for an immediate family or household member is subject to the person being either:

28.2.1(a) a member of the employee’s immediate family; or

28.2.1(b) a member of the employee’s household.

28.2.2 The term immediate family includes:

28.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and

28.2.2(b) child or adult child (including an adopted child, a stepchild, or an ex-nuptial child), parent, grandparent, grandchild, sibling, of the employee or spouse of the employee.

28.2.3 An employee is entitled to use up to ten days personal leave each year as personal leave to care for an immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. Leave may be taken for part of a single day.

28.2.4 The entitlement to use personal leave to care for an immediate family or household member is subject to the employee being responsible for the care of the person concerned.

28.2.5 Evidence supporting claim

28.2.5(a) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

28.2.5(b) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

28.2.6 Employee must give notice

When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.

28.2.7 In normal circumstances an employee must not take personal leave to care for an immediate family or household member under this clause where another person has taken leave to care for the same person.

28.2.8 Each day or part of a day of personal leave to care for an immediate family or household member taken in accordance with 28.2.3 hereof is to be deducted from the quantum of personal leave provided in 28.1 up to a maximum of ten days per annum.

28.2.8(a) An employee is entitled to use accumulated personal leave as paid personal leave to care for an immediate family or household member if the employee has used the current year's personal leave entitlement. An exception to this is where an employee has already taken ten days personal leave to care for an immediate family or household member in the current year.

28.2.8(b) By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave to care for an immediate family or household member. In such circumstances, the employer and the employee shall agree upon the additional amount to be accessed.

28.2.9 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 28.2.5 and 28.2.6 are met.

28.3 Personal leave for personal injury or sickness

28.3.1 Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

28.3.2 Shift workers’ personal leave for personal injury or sickness includes the relevant shift allowance.

28.3.3 The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

28.3.4 The employee within 24 hours (preferably within 8 hours) of the commencement of such absence, shall inform the employer of inability to attend for duty and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

28.3.5 The employee will be granted up to three consecutive days personal leave for personal injury and sickness without the production of a medical certificate. An employer shall not be required to pay personal leave for personal injury and sickness for any absence exceeding three consecutive days unless the employee produces a certificate signed by a duly qualified medical or dental practitioner, that the employee is unable to attend for work due to personal illness or injury, elective surgery or dental work, other than routine dental maintenance.

28.3.6 Where an employee is sick or injured on the weekday the employee is to take off in accordance with 22.2.3 and 22.2.4 hereof the employee shall not be entitled to pay for personal leave for personal injury and sickness nor will the entitlement for personal leave for personal injury and sickness be reduced as a result of the sickness or injury on the day.

28.3.7 Where an employee has more than one period of employment with the one employer in a twelve months' period commencing from the date of the first such period of employment:

28.3.7(a) the year for personal leave for personal injury and sickness for the second or subsequent period of employment shall commence on the commencement date of the first period of employment.

28.3.7(b) the employer may deduct from the personal leave for personal injury and sickness credit of 38 hours any personal leave for personal injury and sickness paid to the employee since that date by the current or another respondent to this award.

28.3.8 For the purposes of administering clause 28.3.7 an employer may within two weeks of the employee entering the employment, require an employee to make a sworn declaration or other written statement as to what paid personal leave for personal injury and sickness the employee had had from another respondent employer since the previous 1 July and upon such statement the employer shall be entitled to rely and act.

28.3.9 In the case of employees whose hours of work are fixed in accordance with the rostered day off system in 22.2.3, 22.2.4 and 22.4 of this award, sick pay entitlements for part day absence shall be calculated on a proportionate basis as follows:

duration of sick leave absence
x
appropriate weekly rate
ordinary hours normally worked that day

5

28.3.10 In the case of employee whose hours of work are fixed in accordance with 22.2.1 and 22.2.2 of this award sick pay entitlements for part day absences shall be calculated on a proportionate basis as follows:

duration of sick leave absence
x
appropriate weekly rate 5


28A BEREAVEMENT LEAVE

[28A inserted by PR969390 ppc 01Feb06]

28A.1 Paid leave entitlement


An employee is entitled to up to three days bereavement leave on each occasion of the death in Australia of either a member of the employee’s immediate family or household. Immediate family is defined at clause 28.2.2 above.

28A.1.1 Provided that is an employee claims payment for such leave in excess of two ordinary days, the employee shall provide proof satisfactory to the employer that the employee attended the funeral.

28A.1.2 Proof of death must be provided to the satisfaction of the employer, if requested.

28A.2 Unpaid bereavement leave

Where an employee requires bereavement leave in excess of that provided in clause 28A.1, they will be entitled to take unpaid bereavement leave on each occasion of the death in Australia of either a member of the employee’s immediate family or household. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to sixteen hours unpaid leave, and a part-time employee is entitled to take up to two days unpaid leave, to a maximum of sixteen hours.


29 PARENTAL LEAVE

[Preamble inserted by PR920748 ppc 05Aug02]


Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full-time part-time and eligible casual employees, but do not apply to other casual employees.

Casual Employees

An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.


For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

An employer must not fail to re-engage a casual employee because:

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

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


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

29.1 Definitions

[29.1.1 substituted by PR969390 ppc 01Feb06]

29.1.1 For the purpose of this clause child means:

29.1.1(a) a child of the employee under school age; or

29.1.1(b) a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

29.1.2 Subject to 29.1.3 hereof, in this clause, spouse includes a de facto or former spouse.

29.1.3 In relation to 29.5 hereof, spouse includes a de facto spouse but does not include a former spouse.

29.2 Basic entitlement

29.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

29.2.2 Subject to 29.3.6 hereof parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

29.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

29.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

29.3 Maternity leave

29.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

29.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

29.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.

29.3.2 When the employee gives notice under 29.3.1(a) hereof the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by the employee’s spouse and that for the period of maternity leave the employee will not engage in any conduct inconsistent with the contract of employment.

29.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

29.3.4 Subject to 29.2.1 hereof and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

29.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that the employee is fit to work on the employee’s normal duties.

29.3.6 Special maternity leave

29.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

29.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which the employee is entitled in lieu of, or in addition to, special maternity leave.

29.3.6(c) Where an employee not then on maternity leave suffers illness related to the pregnancy, the employee may take any paid sick leave to which the employee is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before the employee’s return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

29.3.7 Where leave is granted under 29.3.4 hereof, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

29.4 Paternity leave

29.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

29.4.1(a) a certificate from a registered medical practitioner which names the spouse, states that the employee is pregnant and the expected dated of confinement, or states the date on which the birth took place; and

29.4.1(b) written notification of the dates on which the employee proposes to start and finish the period of paternity leave; and

[29.4.1(c) substituted by PR969390 ppc 01Feb06]

29.4.1(c) except in relation to leave taken simultaneously with the child’s mother under 29.2 or 29.6A, a statutory declaration stating:

29.4.1(c)(i) the employee will take that period of paternity leave to become the primary care-giver of a child;

29.4.1(c)(ii) particulars of any period of maternity leave sought or taken by the spouse; and

29.4.1(c)(iii) that for the period of paternity leave the employee will not engage in any conduct inconsistent with the contract of employment.

29.4.2 The employee will not be in breach of 29.4.1 hereof if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

29.5 Adoption leave

29.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

29.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

29.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

29.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

29.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

29.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

29.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

29.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

29.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

29.6 Variation of period of parental leave

[29.6 substituted by PR969390 ppc 01Feb06]

Where an employee takes leave under clauses 29.2.1 or 29.6A.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change is to be notified as soon as possible, but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause shall detract from any entitlements set out in clause 29.2.

29.6A Right to request

[29.6A inserted by PR969390 ppc 01Feb06]

29.6A.1 An employee entitled to parental leave pursuant to the provisions of 29.2 may request the employer to allow the employee:

29.6A.1(a) to extend the period of simultaneous unpaid parental leave provided for in 29.2.2 up to a maximum of eight weeks;

29.6A.1(b) to extend the period of unpaid parental leave provided for in 29.2.1 by a further continuous period of leave not exceeding 12 months;

29.6A.1(c) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

29.6A.2 The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

29.6A.3 Employee’s request and the employer’s decision to be in writing

The employee’s request and the employer’s decision made under 29.6A.1(b) and 29.6A.1(c) must be recorded in writing.

29.6A.4 Request to return to work part-time

Where an employee wishes to make a request under 29.6A.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

29.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

29.8 Transfer to a safe job

29.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at the employee’s present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

29.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

29.9 Returning to work after a period of parental leave

[29.9 substituted by PR920748 ppc 05Aug02; corrected by PR921569 ppc 05Aug02]

29.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

29.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 29.8 hereof, the employee will be entitled to return to the position they held immediately before such transfer.

29.9.2(a) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

29.9.3 An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.

29.9.3(a) Where such a position is no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee's former position.”

29.10 Replacement employees

29.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

29.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

29.11 Communication during parental leave

[29.11 inserted by PR969390 ppc 01Feb06]

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

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

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

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

29.11.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 29.11.1.


30. JURY SERVICE

30.1 An employee, other than a casual employee required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service subject to the following conditions:

30.1.1 The employee shall advise the employer as soon as practicable that the employee had to attend for jury service, and if required by the employer, produce the notice to attend.

30.1.2 An employee who has been given more than seven days' notice to attend for jury service shall give the employer at least seven days' notice and if the employee fails to give such notice, without reasonable excuse, the employee shall forfeit entitlement to payment by the employer.

30.1.3 An employee on day shift or day work who is not required for jury service after 1.00 p.m. on any day shall contact the employer by telephone to ask whether the employer requires the employee’s to report for the balance of the day, and if so required, the employee shall so report.

30.1.4 An employee on afternoon shift or night shift who is discharged or excused from jury service upon the day upon which the employee is first called or on any subsequent day on which the employee has been required to take part in court proceedings shall report for work:

30.1.4(a) in the case of an afternoon shift employee, if possible at the employee’s normal starting time or as soon thereafter as possible after being discharged or excused from jury service; and

30.1.4(b) in the case of a night shift employee, at the employee’s normal starting time;

30.1.5 Provided that an employee on afternoon shift or night shift who is continuing jury service and who has been required to take part in court proceedings for more than half the day shall not be required to report for work until the expiration of the jury service and if the jury service has lasted for more than two days until the shift next following the completion of the jury service.

30.1.6 The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.


31. PUBLIC HOLIDAYS

[31.1 varied by PR913150 ppc 07Jan02; corrected by PR914176 ppc 07Jan02]

31.1 The following days shall be public holidays for the purposes of this award:

• New Year's Day

• Anniversary or Foundation Day

• Good Friday

• Easter Saturday

• Easter Monday

• Anzac Day

• The third Monday in May (in South Australia)

• Labour Day

• Queen's Birthday

• August Bank Holiday (in New South Wales)

• Melbourne Cup Day (in Victoria)

• Christmas Day

• Boxing Day (except in South Australia where Commemoration Day shall

• be observed in lieu thereof)

• Union Picnic Day to be observed during the period 1 June to 15 November provided that in the State of Victoria the union shall advise of such dates in writing by giving at least one month's notice to the Australian Industry Group, Victorian Employers Chamber of Commerce and Industry and the Industrial Registrar.

• Regatta Day (in Southern Tasmania only)

• Recreation Day (in Northern Tasmania only)

or such other day as is generally observed by proclamation, in a locality or State as a substitute for any of the said days respectively.

31.2 Where in a State or Territory or locality within a State or Territory an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted public holiday is to be observed generally by persons throughout that State or Territory or a locality thereof, other than by those covered by federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a public holiday for the purposes of this award, for employees covered by this award who are employed in the State, Territory or locality in respect of which the public holiday has been proclaimed or ordered as required.

31.3 When Christmas Day is a Saturday or Sunday, a public holiday in lieu thereof shall be observed on 27 December.

31.4 When Boxing Day is a Saturday or a Sunday, a public holiday in lieu thereof shall be observed on 28 December.

31.5 When New Year's Day or Australia Day is a Saturday or Sunday, a public holiday in lieu thereof shall be observed on the next Monday.

31.6 Payment for public holidays

31.6.1 Subject to the other provisions of this clause, employees (other than casuals) who are not required to work on any of such public holidays during all or some of the hours which on any other day would have been their ordinary hours, shall be paid for such ordinary hours not worked (or not paid for under 21.8 and 26.8 of this award) at ordinary time plus (where appropriate) the shift allowance of 15% or 30% thereof prescribed for afternoon and night shift workers, as the case may be.

31.6.2 This subclause shall only apply to public holidays observed on days which would otherwise have been ordinary working days.

31.6.3 An employee in receipt of workers' compensation in respect of any day observed as a public holiday shall not be entitled to payment under this clause for time not worked on that day.

31.7 Absence before or after public holiday

An employee who is not required to work on any public holiday shall not be entitled to payment under 31.6 hereof if the employee is absent from work on the actual working day immediately before or after the public holiday, unless the employer consented to such absence or the employee is absent through circumstances beyond the employee’s control. Provided that where payment for more than one public holiday not worked could be involved through such absence, the employee shall be disentitled to payment only for one public holiday, unless the employee is absent on the actual working days both immediately before and immediately after such public holidays.

31.8 Notification to work on a public holiday

31.8.1 An employee (other than a casual) shall be notified by the employer at least seven days prior to a public holiday that such employee is required to work on that public holiday. Provided that an employee whose employment commences less than seven days before any public holiday shall be notified of such a requirement upon engagement.

31.8.2 Notification of any requirement to work on a public holiday shall be given to the employee personally or by posting a notice to all employees concerned in a prominent position in the employer's establishment or the relevant section or sections thereof.

31.9 Failure to work on a public holiday after agreement or requirement

31.9.1 An employee who fails to attend for duty on a public holiday after being required or agreeing to work thereon in accordance with 31.8 hereof shall not be entitled to payment under 31.6 hereof for a public holiday not worked, except where the employee’s absence is due to circumstances beyond the employee’s control, proof of which may be required by the employer.

31.9.2 Provided that where, in cases of absence mentioned above, payment for more than one public holiday not worked may be involved the employee shall be disentitled to payment only for one public holiday, unless the employee is absent on the actual working days both immediately preceding and succeeding the public holidays.

31.10 Payment for public holidays - special circumstances

An employee, other than a casual, whose employment is terminated (other than by instant dismissal in accordance with the reasons set out in 15.1 of this award) less than seven days before any public holiday, and who is re-engaged less than fourteen days after the public holiday shall be paid on re-engagement one additional day's pay at the rate specified in 31.6 if the public holiday was observed on what otherwise would have been an ordinary working day. In the case of such a termination before Good Friday or Christmas Day and re-engagement less than fourteen days after the following Easter Monday or New Year's Day, as the case may be, the employee shall be paid one day's pay at the rate specified in respect of each of the intervening public holidays other than Easter Saturday.

31.11 Definition of Christmas Day

For the purpose of payment prescribed by this clause for work on Christmas Day and in a year where Christmas Day falls on a Saturday or a Sunday and the legislation of the State or the Government of the State in which the employee is employed proclaims or declares another day in substitution for Christmas Day or a public holiday additional to Christmas Day, the rate of treble time shall be paid for work done on 25 December in any such year and for work upon the said substituted day or additional public holiday as the case may be, shall be paid at the rate of double time and one half.


PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM

USUAL PLACE OF WORK
32. TRANSPORT OF EMPLOYEES

32.1 Where an employee finishes work, whether overtime or ordinary time, at any time between 11.00 p.m. and 7.00 a.m. the following day, the employer shall transport the employee from the factory to the employee's place of residence at no cost to the employee where reasonable public transport is not available.

32.2 Reasonable public transport, for the purposes of 32.1 hereof, will be agreed between the employer and an employee or the employee’s representative.

32.3 An employee sent temporarily, other than at the employee’s own request, from the employee's usual place of employment to another shall be paid at ordinary rates of pay for any excess travelling time incurred beyond that ordinarily incurred in travelling to and from the usual place of employment.

32.4 Fares and accommodation

32.4.1 Any employee who is required by the employer to remain away from the employee’s usual place of residence, or in the case of a seasonal worker the employee’s abode for the season, shall be provided with reasonable meals and accommodation, if accommodation is available in the locality, and the cost of such meals and accommodation shall be borne by the employer.

32.4.2 An employee required by the employer to travel away from the employee’s usual place of work shall be provided with transportation by the employer. In the event of an employee using the employee’s own vehicle with the consent of the employer the employee shall be paid 17 cents per kilometre travelled.


PART 9 – TRAINING AND RELATED MATTERS
33. TRAINING

33.1 Each employer shall, by agreement with the union, develop a training plan for each enterprise or plant. The training plan shall be developed either:

33.1.1 through the establishment of a training committee; or

33.1.2 through the consultative mechanism and procedures established in accordance with clause 10 - Enterprise flexibility provisions, of this award; or

33.1.3 in accordance with 33.4 and 33.5 hereof, where no training committee or consultative mechanism and procedures exist, by negotiation between the union and the company.

33.2 The training program established in accordance with this subclause shall be consistent with:

33.2.1 the current and future needs of the enterprise;

33.2.2 the size and structure and nature of the operations of the enterprise; and

33.2.3 the need to develop vocational skills relevant to the enterprise and the food preserving industry through courses conducted by accredited educational institutions and recognised providers.

33.3 Where it is agreed that a training committee be established it shall be composed of an equal number of employee and employer representatives, or on such other basis as the relevant company and the union may agree. Representatives of employees whose work is covered by this award shall be elected from and by the union's membership at the plant. The constitution, functions and operations of the committee shall be established by agreement between the union and the company.

33.4 In workplaces where employees are not members of the union the same procedure as for unionised workplaces shall be followed with the exception that employees will elect their own representatives to the committee.

33.5 The committee's charter will be as follows:

33.5.1 designing a training program for the enterprise involving the provision of training courses and career opportunities to all employees.

33.5.2 dissemination of information on the training program and availability of training courses and career opportunities to employees.

33.5.3 monitoring and advising management and employees on the ongoing effectiveness of the training.

33.5.4 to recommend any employee for training and reclassification.

33.6 Where as a result of consultation in accordance with clause 10 - Enterprise flexibility provisions, of this award or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the program developed pursuant to 33.1 and 33.2 hereof should be undertaken by an employee, that training may be undertaken either on or off the job.

33.7 Any training that is undertaken during ordinary working hours the employee concerned shall not suffer any loss of earnings. The employer shall not unreasonably withhold such training leave.

33.8 Any costs associated with the standard fees for prescribed courses and prescribed text books (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall be on an annual basis subject to the presentation of reports of satisfactory progress.

33.9 Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

SCHEDULE - RESPONDENTS

[Sched - respondents corrected by PR969956 ppc 03Aug00]

TASMANIA

Ayton, H 38 James St, Ulverstone, 7315
Beauty Point Fish Supply, 117 Funocks St, Beauty Point, 7251
Beauty Point Fisheries Ltd, Inspection Head Wharf Beauty Point, 7251
Beauty Point Fisheries Pty Ltd, West Tamar Highway, Beaconsfield, 7251
Berri Fruit Juices Co-Operative Ltd, 152 Macquarie St, Hobart, 7001
Berri Fruit Juices Co-Operative Ltd, 43 Cypress St, Newstead, 7250
Blue Banner Pickles, PO Box 116, Moonah, 7009
Burton CS, Cygnet, 7112

Cameron-Smith N, 13 Sadler St, Mowbray, 7250
Chip Exchange, Post Office La, Latrobe, 7307
Coal River Processing (Tas), 77 Chappel St, Glenorchy, 7010

Daffodil Food Products Pty Ltd, Lampton Ave, Moonah, 7009

Edgell Division of Petersville Ltd, PO Box 138, Ulverstone, 7315
Edgell Division of Petersville Ltd, PO Box 240, Devonport, 7310

Four Roses, 119 Georgetown Rd, Rocherlea, 7250
Franklin Evaporators Ltd, Main Rd, Franklin, 7113
Furneaux Fishing & Processing Co Pty Ltd, Lady Baron, 7255

Garth AR, Innes St, (cnr Nicholls St), Glenorchy, 7010
General Jones Ltd, Bridport Rd, Scotsdale, 7254
Georges Pay Fishery, "Leyton House", St Helens, 7216
Godman G, 42 Anne St, Georgetown, 7253
Gordon-Smith, OD, Main Rd, Franklin, 7113
Grove Fruit Juices (Tas) Pty Ltd, 210 Collins St, PO Box 956K, Hobart, 7000

Hamilton’s Apple Cider Farm, Arthur Hwy, Taranna, 7180
Hergert J,117 Ravenswood Rd, Launceston, 7250
Hoskinson H, Cygnet Rd, Woodbridge, 7300
Hoyles Honey, Arthur St, Perth, 7300
Huon Canning Co Ltd, Main Rd, Castle Forbes Bay, 7114

Johnson RG, Hollybank Apiary, Underwood, 7254
Jordan MJ, Willis St, Somerset, 7322
Juicy Isle Pty Ltd, 76 Regent St, Sandy Bay, 7005

Knight Bros Pty Ltd t/a Dorans Fine Foods, Ranelagh Rd, Huonville, 7109

Lachlan Co-operative Society Ltd, Lachlan Rd, New Norfolk, 7450
Lakin’s Food Supply, 83 Molle St, Hobart, 7000

MacDonald KL,"Rannoch" PO Box 30, Nubeena, 7184

McCain Foods (Aust.) Pty Ltd, cnr Lee & Smith Sts, PO Box 18, Smithton, 7330

Millar N.J, 12 Serre Rd, Kingston, 7150
Mr Juicy, 22 Letitia St, North Hobart, 7000
MZ Processors, 72 Federal St, North Hobart, 7000

North Hobart Fish Supply, 323 Elizabeth St, North Hobart, 7000
Northern Canners Pty Ltd, Jetty Rd, Legana West Tamar, 7251

Pampas Sales Pty Ltd, 35 Pitt Ave, Launceston, 7250
Pape W, 29 Middle Rd, Devonport, 7310
Parker C.H, 910 Acton Park, Cambridge, 7170
Pearce J & P, Sisters Creek, 7321

Richey Fishing Co Pty Ltd, 194 Tarleton St, East Devonport, 7310
Russell Falls Trout Ltd, Lake Dobson Rd, National Park, 7456

Salamanca Foods Processors Pty Ltd, 53 Salamanca Pla, Hobart, 7000
Savoir Faire Fine Pates Terrines, 6a Bender Dve, 7009
Seito Ocean Foods Pty Ltd, 1 Marine Esplanade, Stanley, 7331
Smith RD, 10 Rosehill Cres, Hobart, 7000
Suncoast Fishery, Tasman Hwy, Pyengana, 7254

Tasmanian Pate Pty Ltd, 20 Letitra St, North Hobart, 7002

Van Der Woude I, Coast Rd, Penguin, 7316

Victorian Seafoods Pty Ltd, Wharf Rd, King Island, 7256
Wakesfield EJ, 99 Margaret St, Launceston, 7250
Watt H & Co, cnr Brown & Arthur St, West Hobart, 7001

SOUTH AUSTRALIA

Adelaide Fast Foods Pty Ltd, Murray Hill, Corromandel Valley, 5051
Adelaide Fruit Juice Co Pty Ltd, 2 Burford Rd, Henly Beach, 5022
Adelaide Ravioli, 89 Lewis Rd, Glynde, 5070
Angaston Fruit Growers Co-op Society Ltd, Angaston, 5333
APR Products Pty Ltd, 76 Wingfield Rd, Wingfield, 5013
Auldwood Pty Ltd, Debney Rd, North Summit, 5136
Aunt Nettes Pty Ltd, 2/172 Smart Rd, St Agnes, 5097
Australian Whole Foods, Murray St, Marleston, 5033

Barker Boy Processing, Alexandrina Rd, Mt Barker, 5252
Barossa Food Services, 43 Murray St, Nuriootpa, 5355
Bel Food Pty Ltd, Lot 34 Main Nth Rd, Smithfield, 5114
Ben Madi Processed Vegetables (SA) Pty Ltd, 126a Payneham Rd, Stepney, 5069
Bentala Food Processors Pty Ltd, 81 Fullarton Rd, Kenttown, 5067
Berrivale Orchards Ltd (Adelaide Branch), Naweena Rd, Regency Park, 5010
Berrivale Orchards Ltd, McKay Rd, Berri, 5343 (to be limited to its operation on the
Sturt Highway, Berri)

Candy, GA & SF t/a GC’s Home Style Pickles, 20 Ralston St, Largs Bay, 5016

Carl-Rita Products, 15 Pyni St, Croydon Park, 5008
Carlton A.N & L Pty Ltd, 28 Clyde St, Wingfield, 5013
Chefs Choice Food Service, 1 Yappo Rd, Aldinga, 5173
Chinese Frozen Foods Pty Ltd, 175a Brougham Place, North Adelaide, 5006
Chippies Potatoes Pyt Ltd, 1 Gurners La, Lonsdale, 5260
Chockates Made Easy Pty Ltd, 31 Lyons St, Brooklyn Park, 5032
Cottage Foods Manufacturing, 1/2 Ventail Crt, Holden Hill, 5088
Cresta Potato Processors, 102 Fullarton Rd, Norwood, 5067
Crusta Fruit Juices Pty Ltd, Virgo Rd, Ramco, 5322

De Vito G Pty Ltd, Box 156, Waikerie, 5330
Don Luca Produce Pty Ltd, 11 Whitmont Crt, Fulham Gardens, 5042

Efthimiou & Efstratiou, Berri, 5343

Food Distributors Pty Ltd, 22 Henley Beach Rd, Mile End, 5031
Fleuieu Fine Foods, 88 Main Rd, Yankalilla, 5203
Food Fantastic, PO Box 88, Torrensville, 5031
Fresh Food Produce Pty Ltd, 29 First Ave, Kilkenny, 5009
Fruitgrowers and Marketgardners Soc Ltd, 7 Ebenezer Pl, Adelaide, 5000

Gastronom Products, 669 Magill Rd, Magill, 5072
Gawler Park Fruits Pty Ltd, Angaston, 5353
Gawler River Almonds Pty Ltd, 346-348 Carrington St, Adelaide, 5000
G.H Processed Vegetables, 19 King St, Norwood, 5067
Gourmet-Champignons Pty Ltd, C/o 183 Melbourne St, North Adelaide, 5006

H.L Huxtable, 16 Eugene Cres, Christy Downs, 5164
Humble Spud (Elizabeth) Pty Ltd, 77 South Tce, Adelaide, 5000

Italian Pasta Fresca, 125 Henley Beach Rd, Mile End, 5031

Knispel Fruit Juices Pty Ltd, Lot, 58 Pope St, Beverley, 5009

La Prestigiosa Fresh Pasta, 505B Lower North East Rd, Campbelltown, 5074
Lemon Food Services Pty Ltd, 210 Grange Road, Flinders Park, 5025
Liberty Foods Pty Ltd, 4 Robe Tce, Medindie, 5081

Madi, T & M, 136 Tolleys Rd, St Agnes, 5097
Majella Fisheries Pty Ltd, 340 Hanson Rd, Wingfield, 5013
Mexican Express Pty Ltd, 205 Glen Osmond Rd, Frewville, 5063
Moore Foods Pty Ltd, 6 Oban St, Ferryden Park, 5010
Mountain Fresh Potato Processors, 67 Oborn Rd, Mt Barker, 5251

Nevana Fresh Pizza, 4 Barrpowell Rd, Welland, 5007

O’Brien PW & DS, Aldersly St, McLaren Vale, 5171

Paech, GL & Co, Mount Barker Rd, Harndorf, 5345
Palmyra Foods Pty Ltd, 216 Richmond Rd, Marleston,5033

Parkinson JW & VD, 23 Surrey Rd, Keswick, 5035

Patea Fruit Juices, 5 Werona St, Mt Gambier, 5290
Poly’s Fruit Juices, Gratwick Rd, Loxton, 5333

Quality Gourmet Chef Pty Ltd, 216 Richmond Rd, Marleston, 5033

Ritters Health Foods, 102 Fullarton Rd, Norwood, 5067
Sabco Ltd, Bottling St, Albert Park, 5014
Sassell Foods (S.A.) Pty Ltd, 38-40 Currie St, Adelaide, 5000
Sharzules Quality Foods Pty Ltd, 29 Charlotte St, Smithfield, 5114
Solar Foods, PO Box 112, Seaton, 5023
South State Foods Service Pty Ltd, 116 Greenhill Rd, Unley, 5061
Speciality Foods, 17 Holland St, Thebarton, 5031
Spring Gully Pickles, 2 Spring Gully Rd, Rostrevor Park, 5073
Summer Salads Pty Ltd, 340 Hanson Rd, Wingfield, 5013
Sunburst Fruit Processors Pty Ltd, Loxton, 5333
Sunnyland Fruit Pty Ltd, Robson Rd, Hectorville, 5073
Sunraysed Almonds Pty Ltd, 82 Fullarton Rd, Norwood, 5067
Sunrise Canning Co, 50 Hartley Rd, Flinders Park, 5025
Supreme Distributors, 200B Grange Rd, Flinders Park, 5025
Sylvan Foods (SA) Pty Ltd, 38-40 Currie St, Adelaide, 5000

Talco Foods, Renmark, 5331
Tasty Treats Pty Ltd, 10 Greenhill Rd, Wayville, 5034
Toora Vale (Berri) Pty Ltd, Box 232 Berri, 5343

Wallaroo Fisheries, Chatfield Terrace Wallaroo, 5556
Waterloo Home Made Pickled Onions, G Zizzo & Sons, Waterloo Cnr, 5110

Zorn Edwards & Co Pty Ltd, 47 Beulah Rd, Norwood, 5067

NEW SOUTH WALES AND ACT

ACT Fruit Juices Pty Ltd, 51 Lorn Rd, Queanbeyan, 2620
All States Pty Ltd, Warehouse M, Flemington Market, 2129
Appetite Pty Ltd, 2 Hale St, Botany, 2019
Australian Conference Assoc Ltd, 148 Fox Valley Rd, Wahroonga, 2076

B & M Food Processors, 43 Alice St, Newtown, 2042
B & M Food Processors, 15 Byrnes St, Botany, 2019
Barrabadeen Frozen Food Factory, 12 Lorking St, Parkes, 2870
Berri Fruit Juices Co-Operative Limited, 5 Highgate St, Auburn, 2144
Berri Fruit Juices Co-op Ltd, Abdon Cl, Bennetts Green, 2290
BKA Products, Unit 9 180 Forsyth Street, Wagga Wagga, 2650
Bon Gateaux (a div of Kitchens Sara Lee (Australia) Pty Ltd), 98 Oak
Rd, Kirrawee, 2232
Bowring & Walker Pty Ltd, 156 Mowbray Rd, Willoughby, 2068
Brentwood Fruit Juices, Barodga, 2739
Brentwood Fruit Juices & Packing Co, Mulwala Rd, Barodga, 2739
Brookes Food, 5 Chalmers St, Mascot, 2020

Cenco Citrus Centre, Wisemans Ferry Rd, Mangrove Mountain, 2251

Cerebos (Aust) Limited, 92-96 Station St, Seven Hills, 2147
Chalet Foods, 89-97 Moore St, Leichhardt, 2040
Cherry Processors Co-Operative Ltd, 250 Piesley St, Orange, 2800
Cherry Processors, 3 Huntley St, Orange, 2800
Cosmo Potato & Frozen Food Merchants, 36 Wentworth St, Port Kembla, 2505

Cadbury Schweppes Pty Ltd, in respect to operations at Orange Grove Rd, Liverpool, 2170
Country Maid Food Products, 312 Lake Albert Rd, Wagga Wagga, 2650
Cowra Export Packers Co-op Pty Ltd, PO Box 17 Nth Logan Rd, Cowra, 2794
Curlwaa Co-operative, Delta Rd, Curlwaa, 2648

Diam Co-operative Ltd, 700 Harris St, Ultimo, 2007
Dickens and Hawthorne Pty Ltd, 110 Phillip Street, Balmain, 2041
Dowling Enterprises, 1 Lyell St, Fyshwick, 2609

Edgell Birds-Eye Division of Petersville Industries Ltd, Kelso, 2795
Effem Foods Pty Ltd, PO Box 50, Matraville, 2036
Elmer Products (Div of R&C Products) Pty Ltd, 11-15 Henderson Rd, Turella, 2005
Ernest Hall & Sons Pty Ltd, 141-143 McEvoy St, Alexandria, 2015
Ewans Marketing Pty Ltd, H-Block, Flemington Market, Homebush, 2140

Fanyo Foods, 23/76 Hume Hwy, Lansvale, 2166
Fawcett Bros (NSW) Pty Ltd, 25 Smith St, Chatswood, 2067
Florida Foods Pty Ltd, 40 Cook Rd, Marrickville, 2204
Florida Foods Ltd, 40 Cook Rd, Marrickville, 2204
Frank James Bulk Handling Pty Ltd, Bank St, Pyrmont, 2009

Harris E.H & Co Pty Ltd, 2 Mandible St, Alexandria, 2015
Harry Peck & Co (Aust) Pty Ltd, 33-37 Mentmore Ave, Rosebery, 2018
Hemphills Herbs and Spices Pty Ltd, Forge St, Blacktown, 2148
Hickman M.H & H.M, Ivan Ave, Smithfield, 2164
Hi-Qual Products Co, 24 Seville Rd, Fairfied, 2165
Hormel Cerebos, Station Rd, Seven Hills, 2147

Illawarra Jam Co Pty Ltd, 619 Princes Hwy, Tempe, 2044
Irving & Johnson (Aust.) Pty Ltd, 12 Rosebery St, Rosebery, 2018

James Barnes Pty Ltd, Bomen Rd, Wagga Wagga, 2650

Lachlan Valley Food Processors, Lot 1 Pridham St, Cowra, 2794
Leon Henry (Marketing) Pty Ltd, cnr Airds Rd & Sussex St, Minto, 2566
Lillington Ray Pty Ltd, 63 Suffolk Ave, Collaroy, 2097
Loftus Citrus Juices Pty Ltd, 39 Brady Way, Leeton, 2705

Masterfood (Aust) Pty Ltd, 29 Smith St, Matraville, 2036
Masterfoods of Aust (Div of Eggem Food), 25-29 Smith St, Hillsdale, 2019
Max Wright, 34 Emily St, Mount Druitt, 2770
McAlpine, SR Pty Ltd, 37 East St, Lidcombe, 2141
Menu Masters, Station Rd, Seven Hills, 2147
Mountain Maid, a div of Leetona Co-op Ltd, Kurrajong Ave, Batlow, 2730

Mr Juicy Pty Ltd, Munibung Rd, Cardiff, 2285

Mudgee Honey Corporation Company, 28 Robertson St, Mudgee, 2850
Mulgoa Food Products Pty Ltd, 1 Seddon St, Bankstown, 2200

Nandi Macaroni Products, 80 Kembla St, Fyshwick, 2609

Orchard Canneries Pty Ltd, Kalang Ave, Killara, 2071
O-Jay Food Products Pty Ltd, 5 Highgate Rd, Auburn, 2144

PC Packers & Distributors Pty Ltd, 32 Excellor Ave, Bankstown, 2200
Paprika Trading Co Pty Ltd, 311 Illawarra Rd, Marrickville, 2204
Pure Foods Australia Pty Ltd, 42-44 Bridge St, Griffith, 2680
QUF Industries Limited, 23 South St, Rydalmere, 2116
QUF Industries Ltd, 331 Victoria Rd, Rydalmere, 2116

Raguletto Foods, 20 Cambridge St, Epping, 2121
Redcup Pty Ltd, 24 Seville St, Villawood, 2163

Sandhurst Fine Foods co, 4 Kiama St, Miranda, 2228
Shannons Ltd, 50 Silverwater Rd, Auburn, 2144
Sin Ma Food MFG Pty Ltd, 9 Meeks Rd, Marrickville, 2204
Spillers Food Services (Aust.) Pty Ltd, 133 Alexander St, Crows Nest, 2065
Steric Pty Ltd, 24 Seville St, Villawood, 2163
Summertime Fruit Juices Pty Ltd, Farm 1310 Hillston Rd, Griffith, 2121
Sumol Fruit Juices Pty Ltd, 50 Rosedale Ave, Greenacre, 2190
Sunburst Regency Foods, 253-257 Woodpark Rd, Smithfield, 2164
Sun Pak Fruit Juices Pty Ltd, 30 Bessemmer St, Blacktown, 2148
Sunvalley True Fruits Pty Limited, Murray St, Finley, NSW, 2713
Sweetaddin Distributing Co, 40 Hansard St, Waterloo, 2017

Tocumwal Cordials, Jersey Street, Tocumwal, NSW 2713
Top Hat Fine Foods Pty Ltd, 4-6 Mundowy Rd, Mt Kuring-gai, 2080
Trang’s Foods Pty Ltd, 77 Gow Street, Padstow, 2211
Tweed Valley Food Processors Pty Ltd, Murwillumbah, 2484

Unilever Australia Pty Ltd, 33-35 Pitt St, Sydney, 2000 in respect of the operations
of the Rosella Lipton division at Knoxfield & Tatura in Victoria

Van Diemen & Co, 8 Sutherland Cres, Edgecliff, 2027
Vita Foods Supply Co Ltd, 29 Rochester St, Botany, 2019

Warner, PJ, Wombat Rd, Young, 2594 [V044]
Windsor Farm Foods Group, 74 Mileham St, Windsor, 2756
Winn Food Products Pty Ltd, 5 Garners Ave, Sydney, 2000
Worsley Foods Pty Ltd, 119 Vanessa St, Kingsgrove, 2208

Young District Producer Co-Op Society, 43 Nasmyth St, Young, 2594

VICTORIA


Alexander Fine Foods., 11 Redwood Crt, Nottinghill, 3168
All Seasons Drinks Pty Ltd, 36 Albert Rd, South Melbourne, 3205
Alliance Food Imports, 391 Plummer St, Port Melbourne, 3207
Alvamira, 185 Nelson Rd, Williamstown, 3016
Andrews FM, 8 Lincoln Dve, Bulleen ,3105
Appetizer Foods, 20 Bills St, Hawthorn, 3122
Ardmona Fruit Products Co-op Co Ltd, Mooroopna, 3629
Arnotts Snack Foods, 75 Rose St, Fitzroy, 3065
Associated Catering Enterprises Pty Ltd, 17 Ebden Crt, Moorabbin, 3189
Associated Pet Food, 14 Burlington St, Oakleigh, 3166
Attila Mushroom Enterprises, 1106a Glenhuntly Rd, Glenhuntly, 3162
Aussie Chips, 9/30 Maffra St, Coolaroo, 3048
Austral Co Pty Ltd, 115 Queens Bridge St, South Melbourne, 3205
Australian Dried Fruit Sales, Irymple, Victoria, 3498
Australian Dried Fruits Sales Pty Ltd, 9 Queens Rd, Melbourne, 3004
Australian Eatwell, 129 Lower Dandenong Rd, Mentone, 3194
Australian Industry Group, 380 St Kilda Rd, Melbourne, 3004
Australian Pizza Supplies, 10 Allenby St, Coburg North, 3058
Australian Popcorn Co Pty Ltd, 18 Albert Street, Richmond, 3121
Australian Pure Fruits Pty Ltd, Suite 5/97 Lewis Rd, Wantirna South, 3152
Australian Retsel Distributors, 16 Pinewood Avenue, Dandenong, 3175
Austro HK Trading Co Pty Ltd, 507 Bridge Rd, Richmond, 3121

Baco Foods Pty Ltd, 2 Cromwell St, Caulfield, 3161
Baillien IM (t/a Gowan Lea Farm), Dalmore Rd, Dalmore, 3981
Balch Flavor Co, cnr Bruce & Barrett Sts, South Kensington, 3031
BBL Products Pty Ltd, 20 Clifford St, Huntingdale, 3166
BE Products, LaGooch St, Prahran, 3181
Bears Snackfoods Pty Ltd, 65 Mark St, North Melbourne, 3051
Beermyer J & M, 8 James St, Glen Huntley, 3163
Big Sister Foods Ltd, 699 Blackburne Rd, Clayton, 3168
Black Swan Dips, 39 Raglan St, Preston East, 3072
Bradsnax Foods Pty Ltd, 5 Nelson St, Moorabbin, 3189
Brentwood Fruit Juice, 211 East Boundary Rd, East Bentleigh, 3165
Bush Boake Allen Aust Ltd, 4 Drain Rd, Bayles, 3981
Bute Chips, 8-12 Bute St, Footscray, 3011
Bynon’s Soft Drinks Pty Ltd, King Street, Myrtleford, 3737

Cadbury-Schweppes Pty Ltd, in respect of its operations at 10th St, Mildura, 3500
Campbell’s Soup (Australia) Pty Ltd, Lemnos Rd, Lemnos, 3631
Cantire Investments Pty Ltd t/a Chris’ Greek Dips, 24 Commercial Dve,
Thomastown, 3074
Carols Country Kitchen, 13 Garfield St, Richmond, 3121
CGJ Juices, Jordan St, Cobram, 3644
Chef Croquettes Pty Ltd, 101 High St, Northcote, 3070
Chefs Choice Pty Ltd, 22 Albert Rd, East Preston, 3072
Chef’s Delight, 1170 Glenhuntly Rd, Glenhuntly, 3163
Chefs Gourmet Foods, 62 Islington St, Collingwood, 3066

Cheong Kee, 67-73 Chetwyn St, North Melbourne, 3051

Chien Wah (MFG) Pty Ltd, 408 Hoddle St, Clifton Hill, 3068
Choice Foods (Vic) Pty Ltd, 24-32 Albert St, Abbotsford, 3067
Chung Hing, 268 Victoria St, North Melbourne, 3051
Cideco Distributing, 2a Cromwell St, Caulfield, 3162
Class Food Australia Pty Ltd, 11 Queens Rd, Melbourne, 3004
Cluck R & M, 16 Gillard St, East Brighton, 3187
Cohn Bros Ltd, 75 Market St, North Melbourne, 3057
Colac Park View Dairy Pty Ltd, 5 Dennis St, Colac, 3250
Colman Foods Pty Ltd, 669 Blackburn Rd, Clayton, 3168
Colossos Olive Oil, 16 Garrett Cres, West Heidelberg, 3081
Colossus Food Co Pty Ltd, 847 High St, Northcote, 3070
Connells (Vic) Pty Ltd, 619 Springvale Rd, Glen Waverly, 3150
Coridas Dairy, 1547 Ferntree Gully Rd, Knoxfield, 3180
Corvina Quality Foods Pty Ltd, 27 Wannon St, Highett, 3190
Cottage Style Foods, 436 Lygon St, East Brunswick, 3057
Cut N Dried Foods, 26 Mercer St, Coburg, 3058

Dandy Frozen Foods, 16 Glynda St, Dandenong, 3175
De Cicco Industries Pty Ltd, 10 Allenby St, Coburg North, 3058
Delfin Food Co, 515 Sydney Rd, Brunswick, 3056
Delgrosso, A & Sons, 103 Stanleys Rd, Red Hill South, 3937
Dellas Seafoods Processors, Footscray Rd, Footscray, 3011
Doyle & Walter, 10 Capella Cres, Moorabbin, 3189
Drift Fruit Juices Pty Ltd, 30 Bloomsbury St, Newtown, 3220
Drift Fruit Juices, 221 Scott Parade, Ballarat, 3350
Drouin Distributors Pty Ltd, Princes Highway, Drowing, 3818
Dutch Croquette Co of Australia, 37 The Mall, Croydon South, 3136
Dyer F & Co, 38 Hood St, Airport West, 3042
DM Frozen Foods Products & Co, 97 Ascot Vale Rd, Ascot Vale, 3032

Edgell Division of Petersville, Manks Rd, Dalmore, 3981
Edlyn Cordials, 430 Rae St, North Fitzroy, 3068
Eganeford Pty Ltd, 221 Grange Rd, Fairfield, 3078
Ellies & Sons Catering, 13 William Street, Richmond, Victoria, 3121
Eros Pty Ltd, 139 Stanley St, West Melbourne, 3003
Eskal Home Made Foods, 34 Williams St, St Kilda, 3183
Eureka Farm Produce, Hillcrest Rd, Shoreham, 3916
Eva’s Home Made Foods, 30 Makitar Dve, Hoppers Crossing, 3029
Evla Home Made Foods, 127 Grey St, St Kilda, 3182
Exelpet Products, Freighter Rd, Moorabbin, 3189
Extra Foods, Factory 12/22 Dunn Cres, Dandenong, 3175

Fanci Foods Pty Ltd, Freighter Rd, Moorabbin, 3189
Farm Produce Pty Ltd, 8 King St, Oakleigh, 3166
Fartvszynski AS & P, Stanley Rd, Stanley via Beechworth, 3747
Fast Kitchen Food Processors, 162 Weatherall Rd, Cheltenham, 3192
Fatouras K, 15 St Edmonds St, Prahran, 3181
Fiddlers Gourmet Foods, 6 Egan Road, Dandenong, 3175
Fletchers Foods Pty Ltd, 1 Bulli St, Moorabbin, 3189
Fon Wing Pty Ltd, 487 Victoria St, Brunswick West, 3055

Food Factory, 665 Waterdale Rd, Heidelberg, 3081

Food Maker Products Pty Ltd, 25 George St, Sandringham, 3191
Food-Pak, 25 Union Rd, Dandenong, 3175 [V044]
Fook Hay Asian Foods, 425 Burwood Highway, Knoxfield, 3180
Fortune Foods Pty Ltd, 125 Cremorne St, Richmond, 3121
Fowlers Vacola Pty Ltd, 285 Burwood Rd, Hawthorn, 3131
Francaroma Pty Ltd, 19 Paramount Rd, Footscray West, 3012
Freshcut Foods, 37 Brecse St, Brunswick, 3056
Freshpac Foods, 22 Ovens St, Brunswick, 3056
Freshpac Foods, 322 Pare Rd, Airport West, 3042
Fresh Vegi-Cuts, Factory 2 cnr Centre Rd & Rimfire Dve, Cheltenham, 3192
Frisco Snack Foods, 99 Bell St, Preston, 3072
Fruit Cheese Producers Pty Ltd, 4-5 Fury Crt, Clayton, 3168

Galea L & Sons, 24 Harrington Square, Altona, 3018
Gay WR, 194 Rosanna Rd, Rosanna, 3084
Gee Vee Pickles Pty Ltd, Lewis Rd, Wantirna South, 3152
Georgantis CBG, 8 Derby St, Caulfield East, 3145
Georges Food Preservers, 41 Griffiths St, Bacchus Marsh, 3340
Gippsland Fresh Vegetables Packers, Lindenow, Victoria, 3865
Glen Park Fruit Juices, 584 Clayton Rd, Clayton, 3168
Global Imports Pty Ltd, 5 Waldheim Rd, Bayswater, 3153
Gold Garlic Pty Ltd, 59 Keys Rd, Moorabbin, 3189
Gold Star Food Processing, 79 Charles St, Footscray, 3011
Golden Circle Cannery, 55 Flemington Rd, Nth Melbourne, 3051
Golden Court Cranbourne, 8 Cooper Crt, Cranbourne, 3977
Golden Dragon, 51 Arden St, North Melbourne, 3051
Golden Wok, 120 Murphy St, Richmond, 3121
Goodness Products, 1351 Malvern Rd, Malvern, 3144
Government Distributors, 54 Commercial Rd, Prahran, 3181
Grossma Wholesalers Pty Ltd, 55 Thistlewaite St, Sth Melbourne, 3205

Harley’s Gourmet Foods, 11 Douglas Parade, Williamstown, 3016
Hedy’s Catering Service, 5 Foster Street, South Yarra, 3141
Heinz HJ Co Australia Ltd, Princes Highway Dandenong, 3175
Hemphill’s Apple Juices, Tucks Rd, Main Ridge, 3298
Henry Jones Foods, 1513 Centre Rd, Clayton, 3168
Hilltop Australia Pty Ltd, Robinvale, 3549
Hing Wah Pastry, 100 Errol St, North Melbourne, 3051
Hong Oriental Food (Springvale) Pty Ltd, 258 Springvale Rd, Springvale, 3171
Hoyt Food Manufacuring Industries Pty Ltd, 27 Alex Avenue, Moorabbin, 3189
Hung Long, 607 Station St, Box Hill, 3128
Hygiene Packers Pty Ltd, 25 Kevin Avenue, Fern Tree Gully, 3156
HK Chop Suey Rolls, 311 Racecourse Rd, Flemington, 3031

Imason Pty Ltd, 70 7th Street, Mildura, 3500
Indo China Australia (Trading) Pty Ltd, 402 Glenhuntly Rd, Elsternwick, 3185
Indofreeze, 97 Mt Pleasant Rd, Nunawading, 3131
Industria Conservierra Italiana Pty Ltd, 24a Albert St, Abbotsford, 3067
International Flavours & Fragrances Pty Ltd, 445 Toorak Rd, Toorak, 3142
Irvin & Johnson (Aust) Pty Ltd, 358 Rossmoyne St, Thornbury, 3071

Italia Edible Oil Company, 84 McIllwraith St, North Carlton, 3054

Italia Edible Oil Co, 46 Weston St, Brunswick, 3056
I & P Preserves, 487 Victoria St, West Brunswick, 3055
IXL Frozen Foods Pty Ltd, 20 Garden St, South Yarra, 3141

James Day Holding Pty Ltd, 24 Crown Avenue, Mordialloc, 3195
Japan Mart, 568 Malvern Rd, Prahran, 3181
John McEwan Foods, 260 Glen Eira Rd, Elsternwick, 3185
Just Squeezed Juices Pty Ltd, 3 Shipton Crt, Campbellfield, 3061

Kallis Frozen Foods, 4 Hercules St, Tullamarine, 3043
KLB Food Products, 111 Market St, South Melbourne, 3205
Kopcheff S, 542 New Footscray St, Footscray, 3011
Korczynski J, 50 Robb St, Essendon, 3040
Kwick-n-Easy Food Products, 183 Foster St, Dandenong, 3175
Kwong Lee Lung, 7 Wartah Place, Melbourne, 3000
Kyabram Preserving Co Ltd, Church St, Kyabram, 3620

La Couronne French Pastries, 412 High St, Prahran, 3181
La Manna Pasta Pty Ltd, 542 Footscray Rd, Footscray, 3011
Lau G, 1 Lake Grove, North Coburg, 3058
Lawrence WA & MG, Kangaroo Ground Rd, Warrandyte, 3113
Lee L, 311 Racecourse Rd, Newmarket, 3031
Leonardo’s Fine Foods, Factory 2/44 Wirraway Rd, Essendon Airport, 3041
Leong G, 66 Saxonwood Dve, East Doncaster, 3109
Lips Chips Ltd, 7 Powlett St, Moorabbin, 3189
Lombardi’s Gourmet, 279 Charman Rd, Cheltenham, 3192
Lunch Hour Pty Ltd, 641 St Kilda Rd, Melbourne, 3004

Magic Chef, 17 Balmoral Court, Burwood East, 3151
Maherdra’s Indian Food, 32 Slater Parade, Keilor East, 3036
Mai Hong Food Fruit Manufacturing, 5/381 Bayswater Rd, Bayswater, 3151
Makmur Enterprises Pty Ltd, 120 Murphy St, Richmond, 3121
Mandarin Food Co Pty Ltd, South Morang, 3752
Marathon Foods Distributors Pty Ltd, 51 Robsons Rd, Kensington, 3031
Marcel’s Foods, 110 Leicester St, Fitzroy, 3065
Market Health & Bulk Foods, 13 City Pl, Sunshine, 3020
Marvel Packers Pty Ltd, Moira St, East Malvern, 3144
Maryborough Fish Processors, cnr Nelson & Johnson Sts, Maryborough, 3465
Master Foods of Australia, Freighter Rd, Moorabbin, 3189
Mazzarella C & Co, 368 Moreland Rd, West Brunswick, 3055
McCain Foods (Aust) Pty Ltd, Ring Rd, Wendouree, 3355
Mellor JC Co Pty Ltd, 22 Boundary St, South Melbourne, 3205
Menu Master Pty Ltd, Buckland St, Clayton, 3168
Messel Trading Company, 29 Taurus St, Balwyn North, 3104
MHB Products, 7 Aztec Crt, Wheelers Hill, 3150
MON Beverages Pty Limited, 99-109 Annesley St, Echuca, 3625
Microeasy, 548 Clayton Rd, Clayton, 3168
Mid Murray Producers Co-op Society Ltd, Wornen St, Beverford, 3590
Middle East Food Company, 92 Waterdale Rd, Ivanhoe, 3079
Mildura Fruit Juices Pty Ltd, 45 Lakeside Avenue, Reservoir, 3073

Ming Foods Pty Ltd, 193 St George’s Rd, Fitzroy, 3065

Miyajima Food Centre, 25 Sanicki Crt, East Bentleigh, 3165
Mr Choko, 41 Bennet St, Dandenong, 3175
Mr Dimmy Food Industries, 240 Boundary Rd, Mordialloc, 3933
Mr Juicy (Aust) Pty Ltd, 98 Henty St, Reservoir, 3073
Mums Chips Pty Ltd, 798 Dandenong Rd, Springvale, 3172
Murrayland Fruit Juices Pty Ltd, The Crescent, Mildura, 3500
My Sauce Company Pty Ltd, 12 wilmot St, East Malvern, 3148

Natural Real Foods, 8 Roberna St, Moorabbin, 3189
Naturally Award, 133 Union Rd, Surrey Hills, 3127
Niceicle Frozen Foods, Grovedale, 3216
Nestle Australia Ltd, Bald Hill Rd, Pakenham East, 3810
Nicks’ Orchards, Avenue of Honour, Bacchus Marsh, 3340
Nyah Fruit Growers Co-op Co, Nyah, 3594
NSM & Oriental Garden Products, 55 Lyle St, Brunswick, 3056

Oceanic Food, 248a Hoddle St, Abbotsford, 3067
Old Des Preserves, 144 Wingrove St, Fairfield, 3078
Olivehome Ltd, Robinvale, 3549
Oriental Gourmet Frozen Foods, 202 Albion St, Brunswick, 3056
OZ Frozen Foods, 29 Anderson Rd, Thornbury, 3071
OZ Frozen Foods Pty Ltd t/a TMP Food Stuff, 29 Anderson Rd, Thornbury, 3071

Pacific Speciality Foods, 282 Bay Rd, Cheltenham, 3192
Pantry Made, 12 Rudyerford St, Swan Hill, 3585
Paramount Packers Pty Ltd, 584 Clayton Rd, Clayton, 3168
Pasta Di Casa, Lot 20 Maribyrnong Rd, Footscray, 3012
Patra Pty Ltd, 24 Phoenix St, Brunswick, 3056
Penguin Frozen Foods Pty Ltd, 36 Wells St, Frankston, 3199
Petridis ST, 134 Main St, Thomastown, 3074
Phelps EG Pty Ltd, Werribee St, Werribee, 3030
Pickled Food Manufacturing, 35 Piera St, Brunswick East, 3057
Pierre Bros, 8 South Wharf, South Melbourne, 3205
Pikali Industries, Limon Ave, Nyah West, 3595
Piquant Foods Pty Ltd, 20 Tinning St, Brunswick, 3056
Plumrose Pty Ltd, Denmark Rd, Echuca, 3625
Plumrose (Australia) Ltd, Redwood Dve, Dingley, 3172
Plumrose (Australia) Ltd, 865 Nepean Hwy, Moorabbin, 3189
Portion Power Pty Ltd, 396 Brunswick St, Fitzroy, 3065
Poseidon Tarama, 4 Fury Crt, Clayton, 3168
PPF Food Processors Pty Ltd, 359 Settlement Rd, Thomastown, 3074
Provincial Traders Foods Pty Ltd, 22 Boundary St, South Melbourne, 3205
Pure & Natural Fruit Juices, 1 Newton Pl, Rowville, 3178
Pyrgolios John, 13 Faelen St, Burwood, 3125

QP Fruit Juices, 9 Hocking St, North Coburg, 3058
Quick Chips, 1093 Dandenong Rd, Malvern, 3144

Ramsay D Orange Grove, Box 246, Red Cliffs, 3498

Readycut Fresh Foods, 20 Tinning St, Brunswick, 3056
Reckitts Pty Ltd, 699 Blackburn Rd, Clayton, 3168
Rickshaw Brand Co, 210 St Kilda Rd, St Kilda, 3182
Riviana (Australia) Pty Ltd, Miles St, Mulgrave, 3170
Robern Packaging Pty Ltd, Irymple, Victoria, 3498
Romanella Pty Ltd, 43 Best St, North Fitzroy, 3065
Rombotis (Aust), 195 St Georges Rd, North Fitzroy, 3068
Rosina Fine Foods, 151 Boundary Rd, Port Melbourne, 3207

Salad World, 16 Audsley St, clayton, 3168
Sant’ Agata Pty Ltd, 6 Vimy St, Brunswick, 3073
Savals, 50 Robb St, Essendon, 3040
Savoy Food Products Pty Ltd, 31 Sunshine Rd, West Footscray, 3012
Scalzo Trading Co Pty Ltd, 822 Lorimer St, Port Melbourne, 3107
Select Foods Processors, Church St, Drouin, 3818
Sherman Edible Oil Nominees Co Pty Ltd, 226 Rouse St, Port Melbourne, 3207
Sierra Mexican Food Co Pty Ltd, Mayfair Park, 4 Mcdowells Rd,
Bendigo East, 3550
Siesta Food Products Pty Ltd, 23 Tarnard Drive, Braeside, 3195
Silvan Food Processors, Main Rd, Silvan, 3795
Smooth Food Processing, 81 Murphy St, Richmond, 3121
Snack Foods International, 40 Canterbury Rd, Heathmont, 3135
Snap Frozen Foods, 5 Queens Pde, Clifton Hill, 3068
Southern Food Supplies, 5 Parer St, Mordialloc, 3195
Southwest Frozen Food & Packers Ltd, Tyndall St, Orbost, 3888
Sparton Spices (Aust) Pty Ltd, 423 Albert Rd, Brunswick, 3056
Spiral Foods, 17 Morey St, Armadale, 3143
Springfield Preserving Co, 11 Beale Crt, Templestowe, 3106
Spring Valley Fruit Juices Pty Ltd, 114 Talinga St, East Cheltenham, 3187
Suisse Naturo Pathics (Aust) Co Pty Ltd, 57 Cresswell Ave, Niddrie, 3042
Suisse Naturo Pathics (Aust) Co Pty Ltd, 43 Fraser St, Airport West, 3042
Sun Garden Fruit Juices, Nangiloc, 3494
Sun Garden Packers Pty Ltd, Nangiloc, 3494
Sunmade Natural Food Co, Young St, Mooroopna, 3629
Sunzest Pty Ltd, 84 Horne St, Campbellfield, 3061
Superior Cordials Holdings Pty Ltd, 25 Levanswell Rd, Moorabbin, 3189
Szdlo Aron, 121 Flinders La, Melbourne, 3000
SPC Limited, Andrew Fairley Ave, Shepparton, 3630
SPC Ltd, Camms Rd, Monbulk, 3793

Table Manners Gourmet Catering, 2 Trove Park Dve, Vermont, 3133
The French Chef Products, 52 Newlands Rd, Coburg, 3058
The Garlic People Australia Pty Ltd, 30 Downard St,
Braeside, 3195
The Original Dim Sim Co, 26 Diane St, Mornington, 3931
Thomastown Dairy, 19 May St, Lalor, 3075
TL Margarine Oils, Forsyth Rd, Laverton, 3028
Triade Products, Albert St, Warrnambool, 3280
Trident International Pty Ltd, 11 Blessington St, Newtown, 3250
Trufood of Australia, 325 Manifold St, Camperdown, 3260

Trufruit Juice Pty Ltd, 98 Henty St, Reservoir, 3073

Turnbull G & B, Stanley, 3747
Twig House, 125 Swanston St, Melbourne, 3000
Tzaros Frozen Foods Pty Ltd, 22 Fraser St, Airport West, 3042

Ubaldi Foods Pty Ltd, 307 Edwards St, Reservoir, 3073
Unigate Australia Pty Ltd, Bridge Rd, Dandenong, 3175

Vegieburger Kitchen, 507 Main St, Mordialloc, 3195
Viapak Pty Ltd, 8 McIlwrick St, Prahran, 3181
Viapak Pty Ltd, 96 Milleara Rd, East Keilor, 3033

Warral Honey, Dempsey St, Myers Flat, Bendigo, 3550
Weirs Pty Ltd, 1210 Benetook Ave, Mildura, 3500
Westernport Canneries Pty Ltd, Peacock Rd, Tyabb, 3913
White Crow Ltd, Bridge Rd, Dandenong, 3175
Williams Foods Pty Ltd, Citrus St, Braeside, 3195
Wilson & Hemphill Pty Ltd, Tucks Rd, Main Ridge, 3928
Wing Wal LS Trading Co, 896 Brunswick St, Fitzroy, 3065
Wood’s Olde Style Preserves, 132 Wood St, Preston, 3072
Woorinen Fruit Growers Co-op Ltd, Woorinen, 3589

Ying Yang Food Products, 34 De Havilland Rd, Mordialloc, 3195 Yin, Key Lovey & Co, 112-114 Peel Street, North Melbourne, 3051
Yoplait, Denmark Rd, Echuca, 3625
Yum cha Frozen Foods Pty Ltd, 20 Albion St, Brunswick, 3056

ROPING-IN AWARD NO.1 OF 2000

[Roping-in Award No. 1 of 2000 inserted by T3041 from 27Oct00]


1. TITLE

This award shall be known as the Food Preservers (Roping-in No. 1) Award 2000.

2. PARTIES BOUND

This award shall be binding upon:

(a) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and


(b) The employers named in Schedule A in respect of their employees whether members of the Union of not, engaged in the performance of work within the scope of the Food Preservers Award 2000.

3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of the Food Preservers Award 2000 shall mutatus mutandis apply to and be binding on the parties to this award.

4. OPERATION AND DURATION

This award shall come into operation on and from 27 October 2000 and shall continue in force for six months.

SCHEDULE A

Mai Hong Pty Ltd 5/381 Bayswater Road, Bayswater, VIC 3153

Scalzo Food Industries 160 - 174 Kensington Road, Kensington VIC 3031

Scalzo Food Manufacturing 160 - 174 Kensington Road, Kensington VIC 3031

Scalzo Food Dehydration 160 - 174 Kensington Road, Kensington VIC 3031

ROPING-IN AWARD NO.1 OF 2001

[Roping-in Award No. 1 of 2001 inserted by PR900824 from 02Feb01]


1. TITLE

This award shall be known as the Food Preservers (Roping-in No. 1) Award 2001.

2. PARTIES BOUND

This award shall be binding upon:

(a) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and


(b) The employers named in Schedule A in respect of their employees whether members of the Union of not, engaged in the performance of work within the scope of the Food Preservers Award 2000.

3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of the Food Preservers Award 2000 shall mutatus mutandis apply to and be binding on the parties to this award.

4. OPERATION AND DURATION

This award shall come into operation on and from 2 February 2001 and shall continue in force for six months.

SCHEDULE A

Sundown Foods 31 Parkhurst Drive, Knoxfield VIC 3180

ROPING-IN AWARD NO.2 OF 2001

[Roping-in Award No. 2 of 2001 inserted by PR907699 from 27Oct00]


1. TITLE

This award shall be known as the Food Preservers (Roping-in No. 2) Award 2001.

2. PARTIES BOUND

This award shall be binding upon:

(a) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and


(b) The employers named in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Food Preservers Award 2000.

3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of the Food Preservers Award 2000 shall mutatus mutandis apply to and be binding on the parties to this award.

4. OPERATION AND DURATION

This award shall come into operation on and from 27 October 2000 and shall continue in force for six months.

Schedule A

Chenin Moor Pty Ltd C/o Curtain & Co Services Pty Ltd
1st Floor
311 Sydney Road, Coburg VIC 3058

ROPING-IN AWARD NO.3 OF 2001

[Roping-in Award No. 3 of 2001 inserted by PR910838 from 16Oct01]


1. TITLE

This award shall be known as the Food Preservers (Roping-in No. 3) Award 2001.

2. PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and

2.2 The employers named in Schedule A in respect of their employees whether members of the union or not, engaged in the performance of work within the scope of the Food Preservers Award 2000 [AW781106].


3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of the Food Preservers Award 2000 [AW781106] as varied from time to time shall apply to and be binding on the parties to this award.

4. OPERATION AND DURATION

This award shall come into operation on and from 16 October 2001 and shall remain in force for a period of six months.

SCHEDULE A


New South Wales

Cedenco Foods Australia Pty Ltd, 215 Mann Street, Armidale, 2350

Victoria

Ausfresh Pty Ltd, Level 1, 373-375 St Georges Road, Fitzroy North, 3068

Australian Asian Foods Pty Ltd, 107 Whitehall Street, Footscray, 3011

Australian Big Fresh Foods, 902 Nepean Highway, Moorabbin, 3189

Clynton Bond Pty Ltd, 1/184 Main Street, Lilydale, 3140

Cooee Management Pty Ltd, 21 Wells Road, Mordialloc, 3195

Deiseton Pty Ltd trading as Sweet Indulgence, 1st floor, 200 Malop Street, Geelong, 3220

Faranda Lodge Pty Ltd, 1/184 Main Street, Lilydale, 3140

Freshwell Foods Pty Ltd, 122 Maffra Street, Coolaroo, 3048

Gemfield Meadows Pty Ltd, 1/184 Main Street, Lilydale, 3140

Heinz Watties Limited, 311 Glenferrie Road, Malvern, 3144

Palomba Antipasti Home of the Original Semi Dried Tomatoes Pty Ltd, 141 St Georges Road, North Fitzroy, 3068

Pearl Foods Pty Ltd, c/o G Martin and Co, Level 1, 153 Park Street, South Melbourne, 3205

Pizza Marketing Co Pty Ltd, 1 Holcourt Road, Laverton North, 3036

RG and RJ Casey Pty Ltd trading as Lencia Fruit Juice, 164 Lime Avenue, Mildura, 3500

Steric Pty Ltd, 86 Carroll Street, Oakleigh South, 3166

Tak On Food Products Pty Ltd, 248 Victoria Street, Brunswick, 3056

The House of Winston Pty Ltd, 12 Tottenham Parade, West Footscray, 3011

Werribee Fresh, 1/184 Main Street, Lilydale, 3140

ROPING-IN AWARD NO.1 OF 2003

[Roping-in Award No. 1 of 2003 inserted by PR932138 ppc 27May03]


1. AWARD TITLE

This award shall be known as the Food Preservers’ Roping-in No.1 Award 2003.

2. ARRANGEMENT

This award is arranged as follows:

1. Award title
2. Arrangement
3. Commencement date and period of operation
4. Parties bound

3. COMMENCEMENT DATE AND PERIOD OF OPERATION

This award shall operate from the beginning of the first full pay period to commence on or after 27 May 2003 and shall remain in force for a period of six months.

4. PARTIES BOUND

This award shall be binding upon:

4.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and

4.2 The employers named in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Food Preservers Award 2000.

SCHEDULE A

FOOD PRESERVERS ROPING-IN NO.1 AWARD 2003

A&S Katos and Sons, 54 Cowie Street, Geelong North Victoria 3215

Australian Gourmet Seafoods, 2 Aster Avenue, Carrum Downs Victoria 3210

Australian Salad Processing Pty Ltd, 1095 Aviation Road, Werribee South Victoria 3030

Australian Trout Exports Corporation Pty Ltd, 18/128 Canterbury Rd, Kilsyth Victoria 3137

Cherax Pty Ltd, 10 Warrowitue Forrest Road, Heathcote Victoria 3523

Eels Australis, 35 Cleveland Street, Skipton Victoria 3361

Hearn Fishing Industries Pty Ltd, 47 McMeerin Road, Warrnambool Victoria 3280

Josephine La Gourmet Pty Ltd, 21 - 23 Nellburn Road, Moorabbin Victoria 3189

Lonimar Australia, 6 Fink Street, Kensington Victoria 3031

Milburn Heights Pty Ltd, Benambra Road, Nariel Victoria 3075

Pacific Potato Cakes Pty Ltd, 14A Redgum Drive, Dandenong Victoria 3175

QANPEX Australia, 4/4 Lacy Street, Braybook Victoria 3019

Seapack Melbourne, 1 - 5 Lewis Street, Port Welshpool Victoria 3966

Stambo’s Pty Ltd, 20 - 34 Longview Court, Thomastown Victoria 3074

Y&M Freidman Pty Ltd, 6 - 8 Arnold Street, Cheltenham Victoria 3192

ROPING-IN AWARD NO.2 OF 2003

[Roping-in Award No. 2 of 2003 inserted by PR933074 ppc 31Jan03]


1. TITLE

This award shall be known as the Food Preservers (Roping-in No. 2) Award 2003.

2. PARTIES AND PERSONS BOUND

2.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and

2.2 The employers in schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Food Preservers Award 2000.


3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of the Food Preservers Award 2000 as varied from time to time shall apply to, and be binding on, the parties to this award.

4. OPERATION AND DURATION

This award shall come into force on and from 31 January 2003 and shall continue in force for six months.

SCHEDULE A

The Pasta Master
Old Mayfair Factory
McDowells Road
Bendigo
VIC 3550

Salad Fresh Pty Ltd
10 Northcorp Boulevard
Broadmeadows
VIC 3047

ROPING-IN AWARD NO.1 OF 2004

[Roping-in Award No. 1 of 2004 inserted by PR947251 ppc 15Jun04]


1 - TITLE

This Award shall be known as the Food Preservers (Roping-In No. 1) Award 2004.

2 - PARTIES & PERSONS BOUND

This Award shall be binding upon:

(a) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

(b) Spuds ‘R’ Us in respect of their employees, whether members of the Union or not, engaged in the performance of work within the scope of the Food Preservers Award 2000.


3 - APPLICATION

Subject to that which is otherwise provided in this Award, the provisions of the Food Preservers Award 2000 as varied from time to time, shall apply to and be binding on the parties to this Award.

4 - OPERATION & DURATION

This Award shall come into force from the first pay period to commence on or after 15 June 2004 and shall remain in force for a period of six months.

ROPING-IN AWARD NO.2 OF 2004

[Roping-in Award No. 2 of 2004 inserted by PR954226 ppc 13Dec04]


1. TITLE

This award shall be known as the Food Preservers (Roping-in No. 2) Award 2004 (the Award).

2. PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers sets set out in Schedule A, in respect of their employees whether members of the Union or not.


3. APPLICATION

Subject to that which is otherwise provided in this Award the provisions of the Food Preservers Award 2000 as varied from time to time, shall apply to and be binding on the parties to this Award.

4. COMMENCEMENT AND DATE OF OPERATION

This Award shall come into force from the first pay period to commence on or after 13 December 2004 and shall remain in force for a period of six months.

SCHEDULE A

The Food Song Pty Ltd
68 Tennyson Road
Mortlake NSW 2137

Southern Food Group
Unit 8/27 College Road
Kent Town SA 5067

Sunvale
RC & VC Vale
Block 584
Cardross Vic 3496

DECLARATION

[Common Rule declared by PR954265 from 01Jan05]


Further to the decision issued by the Commission on 14 December 2004 [PR954264] and pursuant to ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:

1. In this Declaration:

1.1 the award means the Food Preservers’ Award 2000, as varied from time to time;

1.2 employees means employees in the industry who perform work of a kind that is covered by the award;

1.3 employers means employers who employ employees;

1.4 the industry means persons employed in or in connection with the following:

1.4.1 fruit and vegetable preserving, preparing and/or canning, candied peel making, fruit crystallising, fruit mince and fruit or vegetable spreads and fruit butter making;

1.4.2 preserving, preparing, manufacturing and/or canning or bottling of jams, marmalades, jellies, fruits and vegetables, vinegar, pickles, sauces, soups, chutney and wet condiments;

1.4.3 canister making and repairing and box, case or bin making and repairing in connection with an employer’s own business;

1.4.4 processing, manufacturing, bottling and/or canning of nut foods;

1.4.5 fruit juice or vegetable juice processing and/or concentrating and cordial making, including bottling and/or canning;

1.4.6 dehydrating, processing and/or packing of dried fruits;

1.4.7 potato processing, including preparing, cooking, manufacturing and/or packing of potato chips, crisps, flakes and like products;

1.4.8 canning and/or preparation of prepared spaghetti products or puddings, processing of cereal foods and making of pastry;

1.4.9 fish preserving (including canning) and fish paste processing, but excluding gutting or filleting of fish;

1.4.10 the preserving of meat, meat pastes, meat and vegetables, and meat and cereals in any form;

1.4.11 preparation and processing of prepared meals in preserved or frozen form;

1.4.12 washing and/or grading asparagus at canneries or at washing plants before delivery to cannery.

1.5 The foregoing paragraphs of this subclause shall not be read or construed separately in respect of employment or work which may be comprised with more than one paragraph thereof.

1.6 This award shall also apply to employment of all persons at canneries or at any location outside canneries on all work associated with the removal of pea-vines from vehicles at a pea-viner, feeding into a pea-viner or taking off peas from a viner.


2. That save for and subject to the matters referred to in clauses 4 to 8 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:

2.1 a common rule for the industry in Victoria and known as the Food Preservers’ Victorian Common Rule Declaration 2005;

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and

2.4 binding on the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the registered organisations respondent to the award.


3. The following clauses of the award are not included in the Food Preservers’ Victorian Common Rule Declaration 2005:

3.1 clause 5 - Commencement date of award and period of operation;

3.2 clause 6.1 of clause 6 - Coverage of award;

3.3 clause 7 - Parties bound, insofar as it refers to employers bound by the award;

3.4 clause 8 - Exemptions; and

3.5 clause 13.5 - South Australia and Berrivale Orchards Ltd and all other persons bound by this award except the Australian Industry Group and its members, of clause 13 - Employment categories; and


3.6 Schedule - Respondents.

4. Subject to 4.1 to 4.5 below, all provisions in the Food Preservers’ Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

4.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

4.2 With respect to redundancy payments for employees of employers who have fewer than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating service.

4.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

4.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.


5. The Food Preservers’ Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 to provide support for that person. [See Note 1 below].

7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below].

8. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Food Preservers’ Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

8.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.

8.2 This clause shall apply for a period of twelve months from the commencement date of the Food Preservers’ Victorian Common Rule Declaration 2005.

8.3 Any registered organisation bound by the terms of the Food Preservers’ Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.

9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 10 below.

10. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act.

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment; and

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.


Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

5. The exception applies subject to any Commonwealth legislation to the contrary.


Note 3

1. Subject to section 113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).

APPENDED ORDER - 29 DECEMBER 2000


Mis 909/00 M Print T5005

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.111 particular powers of Commission

EDS (Australia) Pty Ltd and another
(C No. 30796 of 2000)

Various employees
Commonwealth employment


SENIOR DEPUTY PRESIDENT POLITES
MELBOURNE, 29 DECEMBER 2000


Award respondency.

PREAMBLE

I have perused the draft order submitted by EDS (Australia) Pty Ltd and EDS (Services) Pty Limited and the correspondence from the CPSU, the Community and Public Sector Union dated 7 and 8 December 2000.


I am satisfied that the draft order below gives effect to my decision of 21 November 2000 [Print T3529].

ORDER


A. Further to a decision issued by the Commission on 21 November 2000 [Print T3529] and pursuant to s.149(1)(d) of the Workplace Relations Act 1996 I make the following orders:

1. The awards listed in the schedule shall not for any purposes be binding upon EDS (Australia) Pty Limited or EDS (Services) Pty Limited by operation of s.149(1)(d) of the Workplace Relations Act 1996 in relation to contracts entered into with respondents to such awards.

2. Liberty to apply on short notice is reserved for EDS (Australia) Pty Ltd and/or EDS (Services) Pty Ltd to apply to the Commission for a variation of this order to add additional awards/s to the schedule in relation to any further contracts which EDS (Australia) Pty Ltd and or EDS (Services) Pty Ltd may enter in to or if it be suggested that an award or agreement which according to the Commission’s records has been superseded continues to have application.


SCHEDULE - AWARDS

1. Airline Operations - Clerical and Administrative Award 1999 [Print S0844 [A3806]]

2. Airline Operations - Salaried Staff (Ansett Australia) Award 1998 [Print R9573 [A3762]]

3. Australian Public Service Award 1998 [Print Q7548 [A1660]]

4. Caltex Distribution Award 1991 [Print K6062 [C0385]]

5. Clerks’ (Oil Companies) Award, 1988 [Print H8029 [C0029]]

6. Ampol Clerical Employees’ Award 1996 [Print N4097 [A1937]]

7. Scientific Services Professional Scientists Award 1998 [Print Q2622 [S1894CRN]]

8. Scientific Services Professional Scientists (Miscellaneous Conditions) Award 1998 [Print Q7242 [S2127]]

9. Technical Services Professional Engineers (General Industries) Award 1998 [Print Q2624 [T1450CRN]]

10. Standard Hours (Oil Companies) Award 1974 [Print Q4640 [S0099]]

11. Commonwealth Bank of Australia Employees Award 1999 [Print R8409 [C0290]]

12. Business Equipment Industry (Clerical Officers) Consolidated Award, 1985 [Print F9841 [B0054]]

13. Business Equipment Industry - Technical Service - Award 1999 [Print S1768 [B0018]]

14. Business Equipment Industry (Technical Service) Superannuation Award 1989 [Print H8758 [B0145]]

15. Business Equipment Industry (Technical Service) Award Superannuation 2000 NOT SIGNED

16. General Motors Holden’s Automotive Limited (Part 2 - Draughting, Production Planning and Technical Grades) General Award 1988 [Print H3648 [G0073]]

17. General Motors Holden’s Automotive Limited (Part 3 - Supervisors) General Award 1988 [Print H3756 [G0074]]

18. General Motors Holden’s Automotive Limited (Part 4 - Clerks) General Award 1988 [Print H3869 [G0075]]

19. General Motors Holden’s Automotive Limited (Part 5 - Professional Engineers and Professional Scientists) General Award 1988 [Print H3757 [G0076]]

20. General Motors Holden’s Automotive Limited Long Service Leave Award 1988 [Print H4006 [G0080]]

21. Holden’s Engine Company (Part 1) Award 1993 [Print L1766 [H0049]]

22. Holden’s Engine Company (Part 2) Award 1993 [Print L1765 [H0050]]

23. Holden’s Engine Company (Part 3) Award 1993 [Print L1764 [H0051]]

24. Holden’s Engine Company (Part 4) Award 1993 [Print L1768 [H0052]]

25. Holden’s Engine Company (Part 5) Award 1993 [Print L1767 [H0053]]

26. Holden’s Engine Company Long Service Leave Award 1993 [Print H1104 [H0066]]

27. Holden Ltd Consolidated Award 1998 [Print Q8010 [H0882]]

28. Vehicle Industry (Long Service Leave) Award 1997 [Print Q2657 [V0021]]

29. County Councils (Electricity Undertakings New South Wales) Classifications and Rates of Pay Federal Award, 1992 [Print K5998 [C0354]]

30. County Councils (Electricity Undertakings New South Wales) Conditions of Employment Federal Award 1992 [Print K5999 [C0353]]

31. Travel Industry - Agencies - General Award - 1999 [Print S0229 [T0232]]

32. The Electricity Trust of South Australia (Interim) Salaries Award 1990 [Print J2755 [E0075]]

33. Telstra Sales Force Conditions Award 1993 [Print H4646 [T0425]]

34. Telstra/APESMA Award 1995 [Print L9385 [T0583]]

35. Telstra/CPSU (Consolidated) Award 1996 [Print N7759 [T1027]]

36. Telstra Corporation General Conditions of Employment 1998 [Print Q2734 [T0839]]

37. AOTC/APTU Award 1993 [Print J2015 [A0775]]

38. Food Preservers’ Interim Award 1986 [Print H866 [F0015]]

39. The Uncle Tobys Company Pty Ltd Superannuation Award 1990 [Print J4860 [U0014]]

40. Clerks (Road Transport Industry) Award 1992 [Print K5113 [C0359]]

41. Bank Officials’ (Federal) (1963) Award [Print J3681 [B0001]]

42. Bank Officials (Long Service Leave) Award 1965 [Print B1130 [B0038]]

43. Westpac Employees’ Award 1998 [Print Q2314 [W0906]]

44. The Colonial Group Enterprise Award [Print N2985 [C1447]]

45. Optus Award 2000 [Print T2115 [O0077]]

46. Finance Sector - AMP Employees’ Award [Print M8535 [F0390]]

47. Bank Officials (Long Service Leave) Award 1965 [Print B1130 [B0038]]

48. Westpac Employee’s Award 1998 [Print Q2314 [W0906]]

49. Credit Union Award 1998 [Print Q8351 [C0296]]

B. This order shall come into force from 21 November 2000 and shall remain in force for a period of twelve months.

** end of text **

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