food industry (food manufacturing or processing)...

Food Industry (Food Manufacturing or Processing) Award No. A 20 of 1990

1. - TITLE

This award shall be known as the Food Industry (Food Manufacturing or Processing) Award and shall replace the following awards with effect on and from the 1st day of March 1991:

• Biscuit and Cake Manufacturing Award, 1971;• The Frozen Foods Award 1977;• Fruit and Vegetable Processing and Packing Award 1978;• Grocery and Match Manufacturing Award No. 11 of 1971;• Ice Cream and Frozen Confectionery Manufacturing Award 1982.

• And replaces as of the 27th day of November 1992:• Confectionery Manufacturing Award 1968.

1B. - MINIMUM ADULT AWARD WAGE

(1) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.

(2) The Minimum Adult Award Wage for full time adult employees is $467.40 per week payable on and from 4 th June 2004.

(3) The Minimum Adult Award Wage of $467.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.

(5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $467.40 per week.

(6)

(a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.

(7) Subject to this clause the Minimum Adult Award Wage shall -

(a) apply to all work in ordinary hours.

(b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2004 State Wage Case Decision. Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage.

(9) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week.

(b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by this award for an adult apprentice in force immediately prior to 5 th June 2003.

2. - ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Area

5. Term

6. Objects

7. Absence Through Sickness

8. Bereavement Leave

9. Long Service Leave

10. Time and Wages Record

11. Right of Entry

12. Posting of Award

13. Parental Leave

14. Ordinary Hours of Work

15. Enterprise Hours of work

16. Additional Rates for Night Work

17. Shift Work

18. General Conditions

19. Meal Allowance

20. Meal Breaks

21. Contract of Employment

22. Annual Leave

23. Public Holidays

24. Superannuation

25. Dispute Settlement

26. Introduction of Change

27. Redundancy

28. Payment of Wages

29. Enterprise Agreements-

30. Traineeship

31. Wages

32. Definitions.

Appendix 1.- Parental Leave Entitlements

33. Supported Wages Employees

34. Unions Party to Award

Appendix - Resolution of Disputes Requirements

Schedule of Respondents

Appendix - S.49B - Inspection Of Records Requirements

3. - SCOPE

(1) In the manufacturing of cakes, sponges, biscuits and allied products.

This award shall apply to all employees employed by the respondents in the classifications described in Clause 31. - Wages hereof.

(2) In the manufacturing, preparation packing or putting up of spices, condiments, coffee, chicory, cocoa, tea, jelly crystals, farinaceous foods, polishes, honey and other similar lines generally manufactured, packed, prepared or put up by manufacturing grocers, matchers, margarine, cereal foods, macaroni or similar products, nuts, nut foods, nut products, potato chips, popcorn, polishing materials and such other products as are handled by the respondents.

(3) In the packing, bottling, blending, preserving, canning, refilling, pulping, brewing, mixing, grading, weighing, stamping, branding, washing, stacking, making and/or;---- processing vegetables, jam, sauces, vinegars, pickles, chutneys, condiments and such other similar products as are handled by the respondent.

(4) In the preserving of fruit by pulping, mixing, refining, cooking, bottling and canning and the packing, branding, stacking of such bottled, canned and preserved fruits and such other similar products as are handled by the respondent.

(5) In the killing, dressing, preparation and/or processing by quick freeze or other method or preservation of fish (other than molluscs or crustacea), vegetables, poultry or any part thereof.

(6) In the packing of fruit but only where the work is done in connection with a process designed to preserve the fruit or improve its appearance.

(7) In the manufacture, packing and storage of ice cream, ice cream products, milk mix, frozen confectionery, ice cream cones and wafers.

(8) In the manufacture, packing and handling or dealing of confectionery in any process of manufacture from raw materials such as sugar, glucose, gelatine, cocoa beans, gum or licorice, chocolate, or similar material to the finished article, and includes the running by hand with any kind of funnel or bag, jubes, jellies, cream fondant, snowballs, or other articles which are run into stamped or moulded starch trays or other moulded receptacles and/or making lozenges and/or making up and striping high boiled cooked sugar with or without hard and soft centres, and/or operating or controlling a chocolate dipping or covering machine.

4. - AREA

This award shall apply throughout the State of Western Australia.

5. - TERM

This award shall apply for a period of 18 months on and from the 1st day of March 1991, unless otherwise prescribed within this Award.

6. - OBJECTS

(1) To provide means of sustaining high levels of productivity.

The principal objects of this award are:

(2) To encourage the maintenance of set levels of quality.

(3) To encourage and provide means for the establishment of a harmonious relationship between employer and employees.

(4) To encourage the prevention and settling of industrial disputes.

(5) To provide means for establishing and maintaining fair terms of conditions of employment.

(6) To provide means of operating under various market and industry conditions.

7. - ABSENCE THROUGH SICKNESS

(1)

(a) An employee who is unable to attend or remain at his or her place of employment during ordinary hours of work by reason of personal ill health or injury shall be entitled to payment for such absence in accordance with the following provisions.

(b) Entitlement to payment for a full time employee shall accrue weekly at the rate of 1.461 hours per week, such that an employee’s maximum annual sick leave entitlement shall be 76 hours. For part time employees the entitlement in hours to sick leave shall accrue at a rate per week calculated in the following manner:

Hours per week

38 x 1.461

(c) The rate of pay for an absence in accordance with this clause shall be the employee’s ordinary wage that he/she would have received had he/she not been on leave. For part time employees, payment shall only be made for rostered ordinary hours he/she would have worked had he/she not been on leave in accordance with this clause.

(d) If, in the first or successive years of service with the employer, an employee is absent on the ground of personal ill health or injury for a period longer than his/her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee’s services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his/her inability to attend for work, the nature of his/her illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 2 hours of the commencement of the absence.

(4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury that would satisfy a reasonable person. Provided that an employee shall not be required to produce a medical certificate or such other proof with respect to absences of two days or less unless after two such absences in any year of service the employer requests that the next and subsequent absences, if any, shall be accompanied by such certificate.

(5)

(a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he/she is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of his/her personal ill health or injury for a period of seven consecutive days or more and

he/she produces a certificate from a registered medical practitioner that he/she was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he/she is unable to attend for work on the working day next following his/her annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he/she proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 16. - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 22. - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1 to 6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmitter shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation Act nor to employees whose injury or illness is the result of the employee's own misconduct.

(8) The provisions of this clause do not apply to casual employees.

(9) An employee shall not be entitled to claim payment for personal ill health or injury, nor will his/her sick leave entitlement be reduced if such ill health or injury occurs on his/her rostered day off.

8. - BEREAVEMENT LEAVE

(1) An employee shall, on the death of the spouse, de facto spouse, parent, step-parent, child or step-child of the employee or any other person who, immediately before that person’s death, lived with the employee as a member of the employee’s family, be entitled to paid bereavement leave up to 2 days.

(2) The right to such leave shall be dependent on compliance with the following conditions:

(a) The employee shall furnish proof such as would satisfy a reasonable person as to the death that is the subject of the leave and/or the relationship of the employee to the deceased person should the employer so request.

(b) The employee shall not be entitled to leave under this clause during a period of any other kind of leave.

(3) For the purpose of this clause the pay of an employee employed on shift work shall be deemed to include the allowance set out in Clause 17.- SHIFT WORK.

9. - LONG SERVICE LEAVE

The Long Service Leave provisions, set out in Volume 59 of the "Western Australian Industrial Gazette" at pages 1 to 6 inclusive, are hereby incorporated in and shall be deemed to be part of this award.

10. - TIME AND WAGES RECORD

(1) The employer shall keep, or cause to be kept, a record or records containing the following particulars:

(a) Full name and last known residential address of each employee.

(b) Employee's classification under which he/she is remunerated.

(c) The starting and finishing times and the hours worked each day and each week.

(d) The wages and overtime (if any) paid each week.

(e) The age of each junior employee. Provided that junior employees upon being engaged shall furnish the employer with a certificate containing the junior employee's name in full and date of birth.

Any system of automatic recording by machines shall be deemed to comply with this provision to the extent of the information recorded.

(2) The time and wages record shall be open for inspection by a duly accredited official of the union during the usual office hours at the employer's office or other convenient place and the official may be allowed to take extracts therefrom.

Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer.

11. - RIGHT OF ENTRY

(1) Accredited officials of the union shall be permitted to interview the employees on the business premises of the employer during non working times or meal breaks.

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect to entering any part of the premises of the employer unless the employer is the employer, or former employer of a member of the Union.

(2) In the case of a dispute between the union and an employer which is likely to lead to cessation of work or to an application to the Western Australian Industrial Relations Commission and which involves the inspection of employees or of machines in the process of production on which such employees are engaged, such union representatives shall have the right of inspection at any time during which the employees operating the machines concerned are working but this permission shall not be exercised, without the consent of the employer, more than once in any one pay period.

(3) Provided that the duly accredited official shall notify the employer beforehand of his/her intention to exercise his/her rights under this clause and the union official exercising his/her rights under this clause shall not interfere with or inconvenience the work duties of the employees.

12. - POSTING OF AWARD

(1) Subject to the terms of this clause employees are entitled to unpaid maternity, paternity and adoption leave and to work part time with the approval of the employer in connection with the birth or adoption of a child in accordance with the provisions of Appendix 1 to this Award.

The employer shall allow a copy of this award, if supplied by the union, to be posted in a place easily accessible to the employees.

CLAUSE 13. - PARENTAL LEAVE

(2) Definitions

For the purposes of Appendix 1, the following definitions shall apply:

(a) “Employee” includes a part time employee but does not include an employee engaged upon casual or seasonal work.

(b) "Spouse" includes a de facto or a former spouse.

(c) "Continuous service" means service under an unbroken contract of employment and includes:

(i) Any period of leave taken in accordance with this clause;

(ii) any period of part time employment worked in accordance with this clause; or

(iii) any period of leave or absence authorised by the employer or by the award.

14. - ORDINARY HOURS OF WORK

(1) The ordinary hours of work shall be an average of 38 per week over any five days of the week worked over any one of the following cycles:

(a) 38 hours within a work cycle not exceeding 7 consecutive work days; or

(b) 152 hours within a work cycle not exceeding 28 consecutive days; or

(c) 1,976 hours within a work cycle of one calendar year provided that for each day in excess of 364 days in a calendar year, 7 hours and 36 minutes shall be added to 1,976 hours.

(2) Nothing in this clause shall be construed to prevent an agreement to operate any method of working a 38 hour week as prescribed in subclause (1) of this clause provided that agreement is reached in accordance with the procedures prescribed by Clause 29. - Enterprise Agreements.

(3) In the absence of any agreement reached in accordance with subclause (2) of this clause the conditions of this clause shall apply.

(4)

(a) The ordinary hours of work shall be worked on Monday to Friday inclusive and subject to Clause 17. - Shift Work, between the hours of 6.00am and 6.00pm.

(b) Notwithstanding the provision of subclause (4)(a) of this clause, the ordinary starting time for poultry processing plants may be 5.00am.

(c) In order to cover peak seasonal demands or for any other circumstances the starting or finishing times other than those prescribed in paragraph (a) of this subclause may, in any particular case be fixed by agreement between the employer and the union.

(d) Notwithstanding paragraphs (a) and (b) of this subclause the ordinary hours of work of employees engaged on duties as required preliminary to normal production shall be worked between such hours as so required.

(e) The starting and finishing times in any establishment shall only be altered by the employer giving seven days notice to the employees of such alteration, except where otherwise agreed between the employer and the union.

(5)

(a) Where a Rostered Day Off system operates in the employer's establishment, the employer may substitute the day an employee is to take off 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.

(b) An employer and employee may by agreement substitute the day the employee is to take off for another day.

(c) An employer may with the agreement of the majority of the employees concerned, institute a banking system of Rostered Days Off in order to cover peak seasonal demand.

Employees would therefore work on what would normally have been their rostered day off and accrue an entitlement to bank a Rostered Day Off to be taken at a mutually convenient time for both the employee and the employer; provided that no less than 14 days notice is given before taking the banked Rostered Day(s) Off.

(d) No payments of penalty payment shall be made to employees working under this substitute banked Rostered Day Off. However the employer will maintain a record of the number of Rostered Days banked and will apply the Average Pay System during the weeks when an employee elects to take a banked Rostered Day Off.

Employees terminating prior to taking any banked Rostered Day(s) Off shall receive the following:

Average Weekly Pay x Number of Banked

5 Substitute Days

(e) Where a rostered day off falls on a Public Holiday as prescribed in Clause 22. - Public Holidays, the next working day shall be taken in lieu of the Rostered Day Off unless an alternative day in that four weekly cycle is agreed in writing between the employer and the employee.

(6)

(a) All time worked before the usual starting time or after the usual finishing time, or beyond eight hours in any one day, shall be deemed overtime and be paid for at the rate of time and a half for the first two hours per day and double time thereafter.

(b) All work performed after twelve noon Saturday or on Sunday shall be paid for at the rate of double time.

(c) Work done on any day prescribed as a holiday by this award shall be paid for at the rate of double time and a half.

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

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

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

15. - ENTERPRISE HOURS OF WORK

(1) The ordinary hours of work shall be an average of 38 per week worked over any one of the cycles prescribed in Clause 14. - Ordinary Hours of Work.

Notwithstanding the provisions of Clause 14. - Ordinary Hours of Work, where an agreement is reached under Clause 29. - Enterprise Agreements to operate any method of working a 38 hour week, the hours of work agreed upon under that clause shall contain the following minimum conditions.

(2) Where in accordance with this clause employees work ordinary hours on a Saturday, all such hours worked shall be paid for at the rate of time and a quarter.

(3) Where in accordance with this clause employees work ordinary hours on a Sunday, all such hours worked shall be paid for at the rate of time and one half.

(4) All hours in excess of 38 hours in any one week are to be deemed overtime. The first ten hours of such overtime are to be paid at time and one half and thereafter at double time except where subclause (5) of this clause applies.

(5) All hours in excess of twelve hours in any one day are to be paid at double time. Overtime worked in excess of two hours in any one day is also to be paid at double time. These double time entitlements will override any time and a half entitlements as a result of working in excess of 38 hours in one week.

(6) All other provisions of the award shall apply except to those conditions as prescribed in an enterprise agreement.

16. - ADDITIONAL RATES FOR NIGHT WORK

Where an employee (not being a shift employee) works any ordinary hours between 6.00pm and 6.00am before and after an enterprise's usual operating hours he/she shall be paid 20% in addition to his/her ordinary rate for all such hours worked.

17. - SHIFT WORK

(1) For the purpose of this award shift work shall refer to a system whereby one shift of employees is replaced by another.

(2) An employer may, if he/she so desires, work his/her establishment on shifts and before doing so he/she shall give notice of his/her intention to the union and of the intended starting and finishing times of the respective staff.

(3) A shift employee shall, in addition to his/her ordinary rate of wage, be paid an additional 15% for all ordinary hours worked on afternoon or night shift.

(4) Where any particular process is carried out on shifts other than day shift and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then the employees employed on such afternoon or night shifts shall be paid at overtime rates.

18. - GENERAL CONDITIONS

(1)

(a) An employee engaged on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for the time he/she is so engaged but if he/she is so engaged for more than half of one day or shift he/she shall be paid the higher rate for the whole day or shift.

(b) An employee's regular rate of wage shall not be reduced whilst he/she is temporarily employed on work classified with a lower minimum rate.

(2) Where the conditions of work are such that employees are unable to avoid their clothing becoming excessively wet or dirty, or work performed in a freezing chamber they shall be supplied with suitable protective clothing or material. Such protective clothing or material shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted, or paid for at replacement cost.

Such clothing shall be deemed to include footwear, gloves, headgear and any other protective equipment used for the protection of employees in their job function.

(3) Where an employee is required by the employer to wear a special uniform, such uniform shall be provided by the employer at his/her expense. Such uniform shall remain the property of the

employer and shall be returned when required in good order and condition, fair wear and tear excepted, or paid for at replacement cost.

(4) Adequate first aid equipment shall be provided in all establishments.

(5) Where and when practicable, suitable seating accommodation shall be provided for employees unless it is physically impossible to carry out the work required in a sitting position.

(6) Where an employee, except for a shift employee, is detained at work until it is too late to travel by the last ordinary bus, train or other regular public conveyance to his/her usual place of residence, the employer shall provide proper conveyance to the employee's usual place of residence, free of charge. This clause shall not apply to any employee who usually has his/her own means of conveyance.

(7) Nothing herein contained shall entitle an employer to reduce the wage of any employee who at the date this award was being paid a higher rate of wage than the minimum prescribed for his or her own class of work.

(8) Liberty is reserved to any party to apply to vary the provisions of this clause provided that such application shall not be made any earlier than 6 months from the 1st day of March 1991.

19. - MEAL ALLOWANCE

Where an employee required to work overtime for more than two hours, without being notified on the previous day or earlier that he/she will be so required to work, shall be supplied with a meal by the employer or paid $7.70 for a meal. If owing to the amount of overtime a second or subsequent meal is required the employee shall be supplied with each such meal by the employer or be paid $5.25 for each meal so required.

If an employee in consequence of receiving such notice has provided himself/herself with a meal or meals and is not required to work overtime or is required to work less overtime than notified, he/she shall be paid the amounts prescribed above in respect of the meals not then required.

20. - MEAL BREAKS

(1) An employee shall not be compelled to work for more than five hours without a meal interval except where an alternative arrangement is entered into as a result of discussions between the employer and an employee and the majority of employees in the plant or work section concerned.

(2) The meal break shall not be paid.

(3) The time of taking a scheduled break may be postponed for one hour by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

21. - CONTRACT OF EMPLOYMENT

(1) An employee will be engaged as a full time, part time or casual employee.

(2) Termination of Full Time and Part Time Employment

(a) Should an Employer wish to terminate a full time or part time employee, the followingperiod of notice shall be provided:

Period of Continuous Service Period of Notice

Not more than 1 year 1 week

More than 1 year but not more

than 3 years 2 weeks

More than 3 years but not more

than 5 years 3 weeks

More than 5 years 4 weeks

(b) Employees over 45 years of age with 2 or more years continuous service at the time of termination, shall receive an additional week's notice.

(c) Where the relevant notice is not provided, the employee shall be entitled to payment in lieu. Provided that employment may be terminated by part of the period of notice and part payment in lieu.

(d) Payment in lieu of notice shall be calculated using the employees weekly ordinary time earnings.

(e) The period of notice in this clause shall not apply in the case of dismissal for serious misconduct, that is, misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period.

(f) Notice of termination by employee

1 week's notice shall be necessary for an employee to terminate his or her engagement or the forfeiture of 1 week's pay by the employee to the employer in lieu of notice.

(3)

(a) "Part-time employee" shall mean any employee who works regularly from week to week and his/her total ordinary hours of work are less than 38 hours in any week.

(b) A part-time employee shall be paid at the rate of one thirty eighth of the ordinary rate of wage prescribed by this award for the class of work performed for each ordinary hour worked.

(c) Payment of holidays, annual leave and absence through sickness for part-time employees pursuant to Clause 22. - Annual Leave, Clause 23. - Holidays and Clause 7. - Absence Through Sickness, of this award shall be in the proportion that the hours regularly worked each week bears to 38 hours.

For the purpose of calculating the payment for annual leave hereunder the hours regularly worked each week shall be the weekly arithmetical average of the total ordinary hours worked during the qualifying period for such annual leave.

(4) Probation

Notwithstanding subclause (2) above, a full time or part time employee engaged under the terms of this Award may be engaged under probation for an agreed period not exceeding three months during which time either party may terminate the contract without notice.

(5)

(a) "Casual employee" shall mean an employee engaged and paid as such.

All casual employees shall be paid 1/38th of the rate of their classification for each hour worked, plus 20 per cent.

(b) The contract of service for a casual employee shall be by the hour and be terminable at any moment by one hours' notice on either side or, in the event of such notice not being given, by the payment of one hours' pay by the employer or the forfeiture of one hours' pay by the employee.

(6) The employer shall be entitled to deduct payment for any day or portion of a day upon which the employee cannot be usefully employed because of a strike by the union or unions affiliated with it, or by any other association or union, or through the breakdown of the employer's machinery or any stoppage of work, by any cause, which the employer cannot reasonably prevent.

(7)

(a) An employer may suspend an employee from duty for refusal or neglect of duty, malingering, inefficiency or any other form of misconduct by the employee and subject to the provisions of subclause (5) of this clause, may withhold payment of wages for the period for which the employee is so suspended.

(b) Before the implementation of the provisions of this subclause, the employer shall provide to the employee a written warning showing the nature of the problem at hand, the procedure the employee must follow to resolve the matter and shall allow a reasonable period of time for the employee to rectify the situation.

22. - ANNUAL LEAVE

(1) 20 days annual leave without deduction of pay shall be allowed annually to all employees (other than casual employees).

(2) Leave shall be taken in not more than two periods and at a time which is mutually convenient to the employer and the employee.

(3) When a person proceeds on annual leave he/she shall be paid his/her ordinary rate plus 17.5% unless he/she is a shift employee and would have received more for the leave in which case he/she shall be paid what he/she would have been entitled to had he/she worked his/her ordinary rostered shift.

The loadings prescribed by this subclause shall not apply to proportionate leave on termination.

(4) If after one month's continuous service in any qualifying 12 monthly period an employee lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours' pay at his/her ordinary rate of wage in respect of each completed week of continuous service.

(5) If any award holiday 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 day, being an ordinary working day, for each such holiday observed as aforesaid.

23. - PUBLIC HOLIDAYS

All employees (other than casuals) shall be entitled to those public holidays as gazetted; provided that another day may be taken as a holiday by agreement between the employer and the employee in lieu of any of the gazetted public holidays.

24. - SUPERANNUATION

(1) Application to Superannuation Scheme

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.

(a) Subject to the provisions of subclause (3) - Exemptions hereof each employer bound by the provisions of this award shall execute an agreement to become a contributor to an Approved Occupational Superannuation Scheme.

(b) For the purpose of this award an Approved Occupational Superannuation Scheme means any scheme which complies with the provisions of the Occupational Superannuation Standards Act, 1987.

(c) The employer shall provide such facilities as are appropriate to ensure that all employees are adequately informed of the provisions of the Superannuation funds available.

(2) Contributions

(a) Upon acceptance to the scheme by the Trustee of the Preferred Scheme or an Approved Scheme, an employer shall contribute to the scheme in respect of all eligible employees an amount equal to 3% of each employees' ordinary time earnings.

(b) An employer shall not be required to contribute during any periods of unpaid leave or unauthorised absences. Further an employer shall not be required to make additional contributions in respect of annual leave paid out on termination or any other payments on termination.

(c) Contributions shall be made after a qualifying period of three months for each calendar month unless the employee fails to return a completed application to join the Fund and the employer has complied with the following:

(i) The employer shall provide the employee with an application to join the Fund and documentation explaining the Fund within one week of employment commencing.

(ii) If the employee fails to return to the employer a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee a letter setting

out relevant superannuation information, the letter of denial set out in subclause (3) of this clause and an application to join the fund.

(iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf.

(iv) Where the employee completes and returns neither the application to join the Fund nor the letter of denial within one week of postage, the employer shall advise the Union in writing of the employee's failure to return the completed form.

(v) From two weeks following the employer's advice pursuant to paragraph (iv) should the employee not have returned the completed form the employer shall be under no obligation to make superannuation payments on behalf of that employee.

(3) The letter of denial shall be in the following form:

"To (employer)

I have received an application for membership of the non-contributory Superannuation Fund and understand:

(1) that should I sign such form you will make contributions on my behalf; and

(2) that I am not required to make contributions of my own; and

(3) that no deductions will be made from my wages for superannuation without my consent.

However, I do not wish to be a member of the Fund or have contributions made on my behalf.

(Signature)

(Name)

(Address)

(Classification)

(Date)"

(4) Exemptions

(a) Employers of employees who are covered by an approved Superannuation Award, Order or Agreement made pursuant to the Industrial Relations Act, 1979 shall be exempted from the provisions of this clause.

(b) Employers contributing an amount equal to or greater than that required by this clause to an Approved Occupational Superannuation Scheme prior to this award are not required to make additional contributions to comply with this clause.

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -

(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -

(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;

or

(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

25. - DISPUTE SETTLEMENT

(1) Depending on the issues involved, the size and function of the plant or enterprise and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are:

(a) discussions between the employee/s concerned (and shop steward if requested) and the immediate supervisors;

(b) discussions involving the employee/s concerned, the shop steward and the employer representative;

(c) discussions involving representatives from the state branch of the union(s) concerned and the employer representatives;

(d) discussions involving senior union officials (state secretary) and the senior management representative(s).

(2) Sensible time limits shall be allowed for the completion of the various stages of the discussions.

(3) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute.

(4) In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitation on the performance of work while the procedures of negotiation and conciliation are being followed.

(5) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practices at the workplace.

26. - INTRODUCTION OF CHANGE

(1) Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their union.

(2) The employer shall discuss with the employees affected and their union, the introduction of the changes referred to in subclause (1) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and their union in relation to the changes.

(3) For the purposes of such discussion, the employer shall provide in writing to the employees concerned and their union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests.

27. - REDUNDANCY

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union.

(2) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in subclause (1) hereof the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof an amount equal to the difference

between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(3) Severance Pay

In addition to the period of notice prescribed for ordinary termination in Clause 20. - Contract of Service, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in subclause (1) hereof shall be entitled to the following minimum amount of severance pay in respect of a continuous period of service.

Period of continuous service Severance Pay

Weeks

1 year or less NIL

1 year and up to the completion of 2 years 4

2 years and up to the completion of 3 years 6

3 years and up to the completion of 4 years 7

4 years and over 8

(4) Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in subclause (1) hereof may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(5) Alternative Employment

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

(6) Time Off During Notice Period

(a) During the period of notice of termination given by the employer 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.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee 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.

(7) Subject to further order of the Western Australian Industrial Relations Commission where an employee who is terminated receives a benefit from a superannuation scheme, he or she shall only receive under subclause (3) hereof the difference between the severance pay specified in that subclause and the amount of the superannuation benefit he or she receives which is attributable to employer contributions only.

If this superannuation benefit is greater than the amount due under subclause (3) hereof then he or she shall receive no payment under that clause.

(8) Employees With Less Than One Year's Service

This clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(9) Employees Exempted

This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

(10) Incapacity to Pay

An employer, in a particular redundancy case, may make application to the Western Australian Industrial Relations Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

28. - PAYMENT OF WAGES

(1) Wages shall be paid weekly or fortnightly on any day of the week other than a Saturday or Sunday and not more than 2 days pay shall be kept in hand. Provided that the timing of payment shall be subject to agreement between the employer and the majority of employees concerned.

(2) The method of payment of wages may be by cash or direct transfer of funds into a bank or financial institution nominated by the employee.

If an employer uses direct transfer as the method of payment, employees are obliged to comply with this method provided that they are not disadvantaged by way of the times of availability of pay.

(3) An employee who lawfully leaves his/her employment or is dismissed for reasons other than misconduct shall be paid all monies due to him/her at the termination of his/her service with the employer, before leaving the employer's premises of alternatively (except in the case of casual employees) a cheque for the amount due may be forwarded to the employee's last known address within 48 hours of such termination.

29. - ENTERPRISE AGREEMENTS

(1)

(a) Where an agreement is reached between the employer, the employees and the union concerning the working arrangements to be followed within the respondent employer's factory, workshop, department or section thereof the provisions of this award may be varied in any manner as agreed.

Provided that the term "working arrangement" shall mean all aspects of the employer's establishment that are subject to conditions covered by this award.

(b) Where the majority of employees support the work changes proposed, then the union will not withhold agreement to the alternative working arrangements.

(2) The following procedures shall apply in the formation of any agreement negotiated under the term of this clause:

(a) the union will be notified in writing of the proposed variations prior to any change taking place;

(b) the proposed variations for each workplace or part thereof shall be explained to the employees concerned and written notification of proposals will be placed on the notice board at the worksite;

(c) the employer and the affected employees will then consult with each other on the changes with a view to reaching agreement.

(3) Any agreement concluded pursuant to subclause (1) of this clause shall be submitted to the Western Australian Industrial Relations Commission for inclusion with this award as an Appendix to this award.

(4) Any dispute with regard to the implementation of agreements reached pursuant to this clause or matters to which the parties cannot reach agreement may be referred to the Western Australian Industrial Relations Commission for determination.

30. - TRAINEESHIPS

(1) Scope

(a) Subject to paragraph (b) of this subclause shall apply to persons:

(i) who are undertaking a Traineeship (as defined); and

(ii) who are employed by an employer bound by this award; and

(iii) whose employment is covered by the Food Industry (Food Manufacturing or Processing) Award No. A 20 of 1990.

(b) Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer bound by this clause prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the Union.

(2) Objective

(a) The objective of this clause is to establish a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and

future employment prospects of Trainees, particularly young people, and the long term unemployed.

(b) The system is neither designed nor intended for those who are already trained and job ready.

(c) Existing employees shall not be displaced from employment by trainees.

(3) Supersession

The existing award provisions for the Australian Traineeship System (ATS) shall not apply to any employer bound by this award, except in relation to ATS trainees who commenced a traineeship with the employer before the employer was bound to this award.

(4) Definitions

“ Approved Training” means training undertaken in a Traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a Traineeship Scheme approved by the relevant State Training Authority or NETTFORCE. The training will be accredited and lead to qualifications as set out in subclause 5(e).

“ Relevant Award” means the Food Industry (Food Manufacturing or Processing) Award No. A 20 of 1990.

“ Trainee” means an employee who is bound by a Traineeship Agreement made in accordance with this clause.

“ Traineeship” means a system of training which has been approved by the appropriate State Training Authority, or which has been approved on an interim basis by the National Employment and Training Taskforce (NETTFORCE), until final approval is granted by the relevant State Training Authority.

“ Traineeship Agreement” means an agreement made subject to the terms of this award between an Employer and the Trainee for a Traineeship and which is registered with the appropriate State Training Authority, NETTFORCE, or under the provisions of the appropriate State legislation. A Traineeship Agreement shall be made in accordance with the relevant approved Traineeship Scheme and shall not operate unless this condition is met.

“ Traineeship Scheme” means an approved Traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise. A Traineeship Scheme shall not be given approval unless consultation and negotiation with the Union upon the terms of the proposed Traineeship Scheme and the Traineeship have occurred. An application for approval of a Traineeship Scheme shall identify the Union and demonstrate to the satisfaction of the approving authority that the abovementioned consultation and negotiation have occurred.

“ Parties to a Traineeship Scheme” means the employer organisation and/or the employer and the union involved in the consultation and negotiation required for the approval of a Traineeship Scheme.

References in this award to “the relevant State Training Authority or NETTFORCE” shall be taken to be a reference to NETTFORCE in respect of a Traineeship that is the subject of an interim approval but not a final approval by the relevant State Training Authority. NETTFORCE powers and functions stipulated in this award may be circumscribed and/or delegated by the terms of an agreement between NETTFORCE and a relevant State Training Authority. Reference to NETTFORCE and a relevant state training authority. Reference to

NETTFORCE within this clause will have no effect during the currency of the W.A. State Training Authority/NETTFORCE Memorandum of Agreement.

“ Appropriate State Legislation” means the State Employment and Skills Development Authority Act 1990.

(5) Training Conditions

(a) The Trainee shall attend an approved training course or training program prescribed in the Traineeship Agreement or as notified to the trainee by the appropriate State Training Authority in accredited and relevant traineeship schemes; or NETTFORCE if the traineeship scheme remains subject to interim approval.

(b) A Traineeship shall not commence until the relevant Traineeship Agreement, made in accordance with a Traineeship Scheme, has been signed by the employer and the trainee and lodged for registration with the relevant State Training Authority or NETTFORCE, provided that if the Traineeship Agreement is not in a standard format a Traineeship shall not commence until the Traineeship Agreement has been registered with the relevant State Training Authority or NETTFORCE. The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Traineeship Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.

(c) The employer shall provide a level of supervision in accordance with the Traineeship Agreement during the traineeship period.

(d) The employer agrees that the overall training program will be monitored by officers of the appropriate State Training Authority or NETTFORCE and training records or work books may be utilised as part of this monitoring process.

(e) Training shall be directed at:

(i) The achievement of key competencies required for successful participation in the workplace (where these have not been achieved) (e.g. literacy, numeracy, problem solving, teamwork, using technology), and as are proposed to be included in the AVC Level 1 qualification. This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise, and/or

(ii) The achievement of competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies), as are proposed to be included in the AVC Level 2 qualification or above.

(6) Employment Conditions

(a) A Trainee shall be engaged as a full-time employee for a maximum of one year’s duration provided that a Trainee shall be subject to a satisfactory probation period of up to onemonth which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the relevant State Training Authority or NETTFORCE the parties to a Traineeship Agreement may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme.

(b)

(i) An employer shall not terminate the employment of a Trainee without firstly having provided written notice of termination to the Trainee concerned in accordance with the

Traineeship Agreement and to the relevant State Training Authority or NETTFORCE. The written notice to be provided to the relevant State Training Authority or NETTFORCE shall be provided within 5 working days of termination.

(ii) An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the relevant State Training Authority or NETTFORCE of its decision.

(c) The Trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the Traineeship Agreement.

(d) Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any relevant Award or any other legislative entitlements.

(e)

(i) The Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.

(ii) No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of this relevant award.

(iii) No Trainee shall work shiftwork unless the parties to a Traineeship Scheme agree that such shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.

(iv) The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless otherwise agreed by the parties to a Traineeship Scheme, or unless the relevant award makes specific provision for a Trainee to be paid at a higher rate, in which case the higher rate shall apply.

(f) All other terms and conditions of the relevant award that are applicable to the Trainee or would be applicable to the Trainee but for this Clause shall apply unless specifically varied by this Clause.

(g) A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions or provisions similar thereto.

(7) Wages

(a)

(i) The minimum rates of wages payable weekly to trainees are as provided in subparagraph (iv) of this subclause.

(ii) These wage rates will only apply to Trainees while they are undertaking an approved traineeship which includes approved training as defined in this Clause.

(iii) The wage rates prescribed by this clause do not apply to completed trade level training which is covered by the Apprenticeship system.

(iv) SkillLevelB:

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level B.

HIGHEST YEAR OF SCHOOLING COMPLETED

School Leaver Year 10 and below

$

Year 11

$

Year 12

$

166.00 200.00 233.00

Plus 1 year out of school

200.00 233.00 267.00

Plus 2 years 233.00 267.00 313.00

Plus 3 years 267.00 313.00 356.00

Plus 4 years 313.00 356.00

Plus 5 years 356.00

Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(b) The skill level of approved Traineeships in the food industries has been agreed to be Skill Level B.

(c) For the purposes of this provisions, “out of school” shall refer only to periods out of school beyond Year 10, (or below) and shall be deemed to:

(i) Include any period of schooling beyond Year 10 (or below) which was not part of nor contributed to a completed year of schooling;

(ii) Include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10 (or below); and

(iii) Not include any period during a calendar year in which a year of schooling is completed.

(iv) Have effect on an anniversary date being January 1 in each year.

(d) At the conclusion of the Traineeship, this clause ceases to apply to the employment of the Trainee and the award shall apply to the former trainee.

31. - WAGES

The following shall be the minimum weekly rate of wage payable to employees covered by this award on and from 4 June 2004.

TOTAL

Rate

Per Week

$

(1) Section One to Six as Defined:

Level 1 78% 467.40

Level 1A 80% 475.80

Level 2 82% 484.10

Level 3 87.4% 506.60

Level 4 92.4% 527.50

Level 5 100% 561.20

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(2) Junior Employees:

(Percentage of adult rate of Level 1) %

Under 16 years of age 50

16 to 17 years of age 60





(3) Leading Hands:

Per Week Extra

$

A Leading Hand in charge of:-

(a) Less than three other employees 11.60

(b) Not less than three and not more than ten other employees 22.90

(c) More than ten other employees 33.60

32. - DEFINITIONS

Employees at this level perform utility (general hand) functions and in so doing, perform work above and beyond the skills of an employee at Level 1 and to the level of their training:-

SECTION ONE - POULTRY PROCESSING

1. LEVEL 1

Employees who are recruited into the Company at this level perform simple routine duties, work under direct supervision and receive detailed instruction. Level 1 employees exercise

minimum judgement and are responsible for the quality of their own work within the scope of this level.

1:1 Typical Tasks

Indicative of the tasks an employee at this level may perform are the following:-

1:1.1 Undertaking induction training.

1:1.1 Performing a range of general labouring and cleaning duties.

1:2 Promotional Criteria

Employees remain at this level until such time as they have satisfactorily completed an induction program which enables them to meet the competency requirements of Level 2, a position becomes available and they are selected to fill that vacancy.

An induction program covers:-

1:2.1 Basic occupational health and safety.

1:2.2 First aid.

1:2.3 Conditions of employment.

1:2.4 Company policies/objectives.

1:2.5 Plant layout and material location.

1:2.6 Workplace training to meet the requirements of being able to competently perform work within the scope of Level 2.

2. LEVEL 2

Work under direct supervision either individually or in a team environment.•

Understand and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations and faults.•

Understand and utilises basic statistical process control procedures.•

Exercise minimal decision making.•

Exercise discretion within their level of skills and training.•

2:1 Typical Tasks

Indicative of the tasks which an employee at this level may perform are the following:-

2:1.1 Undertaking training to enable entry into Level 3.

2:1.2 May be required to perform any of the duties of a lower level.

2:1.3 Machine killing of poultry.

2:1.4 Machine packing of poultry.

2:1.5 Machine cutting of poultry.

2:1.6 Machine eviscerating of poultry.

2:1.7 Maintain tally of records.

2:1.8 Hanging of live poultry on chain conveyor.

2:1.9 Identify machine faults (basic).

2:1.10 Manual packing of product.

2:1.11 General process line work.

2:1.12 Uses hand trolleys and pallet trucks.

2:1.13 Weighing of product.


Employees maybe promoted to Level 3 when:-

2:2.1 They can competently carry out all tasks of a Level 2 employee.

2:2.2 A position becomes available and they are selected to fill that vacancy.

3. LEVEL 3

Employees at this level have completed a Production Certificate or equivalent training to enable the employees to perform work within the scope of this level.

Employees at this level:-

Are responsible for the quality of their own work subject to routine supervision.•

Work under routine supervision either individually or in a team environment.•


3:1 Typical Skills




3:1.3 Receiving, despatching, distributing, sorting, checking, packaging (other than repetitive packing), documenting and recording of goods, materials and components.

3:1.4 Basic inventory control in the context of a production process.

3:1.5 Exercising keyboard skills at basic level.

3:1.6 Operation of mobile equipment including forklifts, overhead cranes and winch operation.

3:1.7 Carrying out different measurements.

3:1.8 Assists in the provision of on the job training in conjunction with supervisors/trainers.

3:1.9 Undertake minor adjustments to machinery.

3:1.10 Conduct some basic testing.

3:1.11 Identify product specification problems.

3:1.12 Record test results.

3:1.13 Blend ingredients, using a predetermined recipe.

3:1.14 Manual cutting of poultry on power saw.

3:1.15 Chicken filleting.

3:1.16 Drive forklift (to license standards).

3:1.17 Manual killing of poultry.


Employees may be promoted to Level 4 when:-



4. LEVEL 4

Employees at this level have completed a Production Certificate or equivalent training so as to enable employees to perform work within the scope of this level.


Work from instructions and procedures.•

Assist in the provision of on the job training.•

Co-ordinate work in a team environment or work individually under general supervision.•

Write and read reports.•

4:1 Typical Tasks




4:1.3 Carrying out inventory and store control.

4:1.4 Using tools and equipment within the scope of basic non-trade maintenance.

4:1.5 Exercising intermediate keyboard skills.

4:1.6 Supervising the work of their employees.

4:1.7 Allocate tasks to other employees.

4:1.8 Implement production requirements.

4:1.9 Oversee performance of other employees.

4:1.10 Conduct routine tests.

4:1.11 Routine decisions regarding test results.

4:1.12 Refer exceptional results to senior staff member.





5. LEVEL 5

Employees at this level have completed approved courses in the development of supervisory skills. For example; TAFE Supervision Certificate or equivalent. Employees at this level may hold a Trade Certificate appropriate within the scope of their position and demonstrate their ability to exercise of that trade.

Employees at this level have completed appropriate Production Certificate or equivalent.


Understands and applies quality control techniques.•

Exercises good interpersonal communications skills.•

Exercises discretion within the scope of the grade.•

Exercises keyboard skills at a level higher than Level 4.•

Would be expected to organise and control• the work output of a section.

Is able to inspect products and/or materials for conformity with established operations standards.•

5:1 Typical Tasks



5:1.2 Maintaining quality standards including the approval of first-off samples.

5:1.3 Basic production scheduling and materials handling within the scope of the process or directly related functions within new materials/finished goods location in conjunction with technicians.

5:1.4 Exercising advanced keyboard skills.

5:1.5 Assists in the provisions of on the job training in conjunction with trainer.

SECTION TWO - GROCERY, MATCH, BISCUIT AND CAKE MANUFACTURING

1. LEVEL 1

Employees who are recruited into the Company at this level perform simple routine duties, work under direct supervision and receive detailed instruction. Level 1 employees exercise minimal judgement and are responsible for the quality of their own work within the scope of this level.

1:1 Typical Tasks





Employees remain at this level until such time as they have satisfactorily completed an induction programme which enables them to meet the competency requirements of Level 1A, a vacancy exists and they are selected to fulfil that vacancy.



1:2.2 First aid.




1:2.6 Workplace training to meet the requirements of being able to competently perform work within the cope of Level 1A.

1A. LEVEL 1A

Employees at this level perform a range of tasks and in so doing, work above and beyond the skills of an employee at Level 1 and to the level of their training:-


Understand and undertake basic quality control.•

1A:1 Typical Tasks


1A:1.1 General cleaning duties.

1A:1.2 Manual packing of products.

1A:1.3 Using hand trolleys and pallet packs.

1A:2 Promotional Criteria


1A:2.1 They can competently perform all tasks of a Level 1A employee.

1A:2.2 A position becomes available and they are selected to fill that vacancy.

2. LEVEL 2






2:1 Typical Tasks




2:1.3 Stack, prepare for storage raw and finished products and packaging material.

2:1.4 Maintaining simple production records.


2:1.6 Stocktaking of raw and packaging material.


2:1.8 Machine packing of product.

2:1.9 Basic ingredient blending.




2:2.2 A position becomes available and they are selected to fill the vacancy.

3. LEVEL 3






May co-ordinate small work teams of Level 2 employees.•

3:1 Typical Skills




3:1.3 Receiving, despatching, distributing, sorting, checking, packaging (other than repetitive packing), order assembly, documenting and recording of goods, materials and components.








3:1.11 Record test results.

3:1.12 Blend ingredients, using a predetermined recipe.

3:1.13 Operate a sifter, screens and basic milling equipment.

3:1.14 Stock recording and inventory control.

3:1.15 Sample product for quality control and laboratory testing.

3:1.16 Operating automatic, semi-automatic or single purpose machinery.





4. LEVEL 4







4:1 Typical Tasks




4:1.3 Inventory and store control including operations of all appropriate materials handling equipment, VDU and keyboard operation at a level higher than that of level 3.






4:1.9 Conduct routine tests.

4:1.10 Routine decisions regarding test results.

4:1.11 Refer exceptional results to senior staff member.

4:1.12 Assists in the provision of on the job training in conjunction with trainers and tradespersons.





5. LEVEL 5

Employees at this level have completed approved courses in the development of supervisory skills. For example; TAFE Supervision Certificate or equivalent.

Employees at this level may hold a Trade Certificate appropriate within the scope of their position and demonstrate their ability to exercise of that trade.







Would be expected to organise and control the work output of a section.•


5:1 Typical Tasks







5:1.6 Adjust equipment to meet quality assurance and process requirements of production program.

SECTION THREE - FRUIT AND VEGETABLES PROCESSING AND PACKING

1. LEVEL 1

Employees who are recruited into the Company at this level perform simple routine duties, work under direct supervision and receive detailed instruction.

Level 1 employees exercise minimal judgement and are responsible for the quality of their own work within the scope of this level.

1:1 Typical Tasks



1:1.2 Routine duties of mainly a manual nature including sorting, packing and assemblingof product and may use simple automated processes and mechanised aid.



Employees remain at this level until such time as they have satisfactorily completed an induction programme which enables them to meet the competency requirements of Level 1A, a position becomes available and they are selected to fill that vacancy.



1:2.2 First aid.





1A. LEVEL 1A

Employees at this level perform a range of tasks and in so doing, work above and beyond the skills of an employee at Level 1 and to the level of their training:-


Understand and undertake basic quality control.•

1A:1 Typical Tasks


1A:1.1 Undertaking training to enable entry into Level 2.

1A:1.2 May be required to perform any of the duties of a lower level.

1A:1.3 Cleaning, peeling and processing new products.

1A:1.4 Manual packing of products.

1A:1.5 Sorting and grading of products with the assistance of automatic or semi-automatic machinery.

1A:1.6 Washing, packing, stacking and shrink wrapping of produce using any fixed or mobile equipment as aids to the task.

1A:1.7 Assembling products for customer orders.

1A:1.8 Using hand trolleys and pallet packs.

1A:1.9 Use forklifts having undertaken basic forklift operational training.



1A:2.1 They can competently perform all tasks of a Level 1A employee.

1A:2.2 A position becomes available and they are selected to fill that vacancy.

2. LEVEL 2

Employees at this level undertake a range of tasks and to the level of their training;-


Understand and undertake basic quality control/assurance procedures, including the ability to recognise basic quality deviations and faults.•

Exer•cise minimal decision making.

2:1 Typical Tasks




2:1.3 Operating vacuum and other cooling equipment.

2:1.4 Undertaking stock storage and product rotating activities.

2:1.5 Maintaining production records.

2:1.6 Operating forklifts and hold certificate of competency.





3. LEVEL 3

Employees at this level have completed a Food Processing Certificate or equivalent training to enable the employees to perform work within the scope of this level.


Are responsible for quality of their own work subject to routine supervision.•



3:1 Typical Tasks


3:1.1 Undertake training in a Personnel/Supervisory Preliminary Course.


3:1.3 Co-ordinate work in a production line.

3:1.4 Allocate tasks to other.

3:1.5 Assist in the provision of on the job training in conjunction with trainers.

3:1.6 Undertake minor adjustment to machinery.





4. LEVEL 4

Employees at this level have completed a Production Certificate or equivalent training so as to enable the employees to perform work within the scope of this level.






4:1 Typical Tasks









4:1.8 Oversee performance of other employees.



4:2.1 They can competently perform all tasks of a Level 4 employee.


5. LEVEL 5

Employees at this level have completed approved courses in development of supervisory skills. For example; TAFE Supervision Certificate or equivalent.

Employees at this level may hold a Trade Certificate appropriate within the scope of their position and demonstrate their ability to exercise of that trade.




Exercises good interpersonal communication skills.•



Would be expected to organise and control t•he work output of a section.


5:1 Typical Tasks


5:1.2 Maintaining quality standards including the approval of first-off samples



5:1.5 Assists in the provision of on the job training in conjunction with trainer.

SECTION FOUR - ICE CREAM AND FROZEN CONFECTIONERY MANUFACTURING

1. LEVEL 1

Employees who are recruited into the Company at this level perform simple routine duties, work under direct supervision and receive detailed instruction. Level 1 employees exercise minimal judgement and are responsible for the quality of their own work within the scope of this level.

1:1 Typical Tasks





Employees remain at this level until such time as they have satisfactorily completed an induction program which enables them to meet the competency requirements of Level 2, a position becomes available and they are selected to fill that vacancy.



1:2.2 First aid.





2. LEVEL 2






2:1 Typical Tasks




2:1.3 Stack, prepare for storage raw and finished products and packaging material.

2:1.4 Can washing.








3. LEVEL 3






3:1 Typical Skills




3:1.3 Receiving, despatching, distributing, sorting, checking, packaging (other than repetitive packing), order assembly, documenting and recording of goods, materials and components.








3:1.11 Assisting ice cream freezing machine operating.

3:1.12 Assisting cone and wafer machine operating.

3:1.13 Freezer hand.

3:1.14 Assisting frozen confectionery machine operating.






4. LEVEL 4


Employees at this level:





4:1 Typical Tasks




4:1.3 Inventory and store control including operations of all appropriate materials handling equipment, VDU and keyboard operation at a level higher than that of Level 3.





4:1.8 Cone and wafer machine operating.

4:1.9 Frozen confectionery machine operating.

4:1.10 Ice cream freezing machine operating.

4:1.11 Assists in the provision of on the job training in conjunction with trainers and tradespersons.

4:1.12 Ice cream cake decorating.





5. LEVEL 5

Employees at this level have completed approved courses in the development of supervisory skills. For example; TAFE Supervision Certificate or equivalent.

Employees at this level may hold a Trade Certificate appropriate within the scope of their position and demonstrate their ability to exercise of that trade. Employees at this level have completed appropriate Production Certificate or equivalent.








5:1 Typical Tasks


- 5:1.1 May be required to perform any of the duties of a lower level.





5:1.6 Adjust equipment to meet quality assurance and process requirements of production program.

SECTION FIVE - SEAFOOD PROCESSING

1. LEVEL 1

Employees who are recruited into the Company at this Level receive induction training and perform routine duties either individually or as part of a team under direct supervision. Level 1 employees exercise minimal judgement or responsibility for the quality of their own work within the scope of this Level.

1:1 Typical Tasks

Indicative of the tasks an employee at this Level may perform are the following:-

1:1.1 General labouring and cleaning duties.

1:1.2 Operation of single action equipment.



1:2.1 They have satisfactorily completed an induction program.

1:2.2 They can competently perform all tasks of a Level 1 employee.

1:2.3 They can meet the competency requirements of Level 2.


2. LEVEL 2

Employees at this Level perform duties in addition to those of Level 1 that require extra skills performed to the level of their training under routine supervision.

Employees at this Level:-


Understand and undertake basic quality control/assurance procedures including the ability to recognise bad quality, deviations and faults.•


2:1 Typical Tasks

Indicative of the tasks which an employee at this Level may perform are the following:-

2:1.1 Operation of automatic machinery.

2:1.2 Manual setting of semi-automatic equipment.

2:1.3 Maintenance of basic production records.

2:1.4 Grading.

2:1.5 Measuring and testing of materials.

2:1.6 Pallet jack operating.

2:1.7 Entering basic data.



2:2.1 They can competently carry out the tasks of a Level 2 employee.

2:2.2 They have the relevant production certificates or have completed and passed an approved equivalent training program.


3. LEVEL 3

Employees at this Level have attained a production certificate or completed equivalent approved training to competently fulfil the preceding levels and undertake tasks requiring greater skills or responsibility under minimal supervision.


Are responsible for quality of their own work subject to routine supervision.•


Exercise discretion within their Level of skills and training.•

3:1 Typical Tasks


3:1.1 Assembling orders and preparing documentation.

3:1.2 Checking inward or outwards goods and documentation.

3:1.3 Recording shop floor inventory.

3:1.4 Set-up and adjustment of process equipment.

3:1.5 Recording of process performance.

3:1.6 Control and documentation of inventory.

3:1.7 Assisting with on the job training.

3:1.8 Communicating variations in process specifications.

3:1.9 Hand filleting.

3:1.10 Driving fork trucks (to licence standard).




3.2.2 They have the relevant production certificates or have completed and passed an approved equivalent training program.


4. LEVEL 4

Employees at this Level have attained a production certificate or completed equivalent approved training to competently fulfil criteria of the preceding Levels and have the skill or technical knowledge to assume responsibility for work centre output quality and performance.






4:1 Typical Tasks


4:1.1 Co-ordinating team or group activities.

4:1.2 Control and documentation of inventory.

4:1.3 Allocation of tasks to other work centre employees.

4:1.4 Maintenance of team discipline.

4:1.5 Ensuring compliance with Safety regulations.

4:1.6 Materials handling and storage.

4:1.7 Specialised technical functions: eg. Retort operation.




4:2.2 They have the relevant production certificates or have completed and passed an approved equivalent training program.

4:2.3 A position becomes available and they are selected to fulfil that vacancy.

5. LEVEL 5

Employees at this Level have completed approved courses in the development of supervisory skills. For example; TAFE Supervision Certificate or equivalent.

Employees at this Level may hold a Trade Certificate appropriate within the scope of their position and demonstrate their ability to exercise the tasks and duties of that trade.

Employees at this Level have completed an appropriate Production Certificate or equivalent.


Understand and apply quality control techniques.•

Exercise good interpersonal communications skills.•

Exercise discretion within the scope of the grade.•

Exercise keyboard skills at a Level higher than Level 4.•


Are able to inspect products and/or materials for conformity with established operations standards.•

5:1 Typical Tasks


5:1.1 Production scheduling.

5:1.2 Work centre recruiting and induction.

5:1.3 Allocating staff duties.

5:1.4 Employee discipline, development and training.

5:1.5 Production administration.

5:1.6 Communicating variations in work centre performance.

5:1.7 Co-ordinating service support.

5:1.8 Maintaining quality standards.

5:1.9 Monitoring work centre productivity.

5:1.10 Ensuring compliance with Safety regulations.

5:1.11 Inventory control.

SECTION SIX - CONFECTIONERY MANUFACTURING

1. LEVEL 1

Employees who are recruited into the Company at this Level perform simple routine duties, work under direct supervision and receive detailed instructions. Level 1 employees exercise minimal judgement and are responsible for the quality of their own work within the scope of this Level.

1:1 Typical Tasks

Indicative of the tasks an employee at this Level may perform are the following:-


1:1.2 Routine duties of a manual nature including sorting, packing and assembling products. Simple automated processes and mechanical aids may be used.

1:1.3 Operation of single action equipment.

1:1.4 General labouring and cleaning duties.

1:1.5 Tallying, packing and job completion time information.

1:1.6 Identifying machine breakdowns.


Employees remain at this Level until such time as they have satisfactorily completed an induction program which enables them to meet the competency requirements of Level 1A, a position becomes available, and they are selected to fill that vacancy.



1:2.2 First Aid.

1:2.3 Conditions of Employment.



1:2.6 Workplace skills needed to meet the requirements of being able to competently perform work within the scope of Level 1A.

2. LEVEL 1A

Employees at this Level have completed a production certificate or equivalent training to enable the employee to perform work within the scope of this Level:-

Work under direct supervision individually or in a team environment.•

Understand and undertake basic quality control and assurance procedures including the ability to recognise basic quality deviations and faults.•


Exercise discretion within the level of skill and training.•

1A:1 Typical Tasks


1A:1.1 Undertake training to enable entry to Level 2.

1A:1.2 May be required to perform any of the duties at a lower Level.

1A:1.3 Assist on the production line of an automatic, semi-automatic or single purpose machine in a supervised environment. May involve filling of feeding the line and packing off the line.

1A:1.4 Stock, prepare for storage raw and finished products and packaging material.

1A:1.5 Moulding.



1A:2.1 They can competently carry out all tasks of Level 1A.

1A:2.2 A position becomes available and they are selected to fill the vacancy.

1A:2.3 The employee has successfully completed a production certificate or equivalent training as required by the Company at the time to be deemed necessary to operate at Level 2.

3. LEVEL 2

Employees at this Level perform utility (general hand) functions and in so doing, perform work above and beyond the skills of an employee at Level 1A and to the level of their training:-

Work unsupervised either individually or in a team environment.•

Understand and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviation and faults.•



2:1 Typical Tasks



2:1.2 May be required to perform any of the duties of a lower Level.


2:1.4 Stock, prepare for storage raw and finished products and packaging material.

2:1.5 Moulding.








2:2.3 They have achieved trade creditations as required by the employer.

4. LEVEL 3

Employees at this Level have completed a production certificate or equivalent training to enable the employees to perform work within the scope of this Level.





3:1 Typical Skills



3:1.2 Receiving, dispatching, distributing, sorting, checking, packaging order assembly, documenting and recording of goods, materials and components.



3:1.5 Carrying out different requirements.

3:1.6 Undertaking adjustments to machinery.

3:1.7 Conduct testing.

3:1.8 Identifying product specification problems.

3:1.9 Confectionery machine operation.





5. LEVEL 4

Employees at this Level must have worked directly to a successful standard with a confectioner for a minimum of 3 years and have spent at least 90% of this time performing the following tasks:-


4:1.2 Able to assist in the preparation of high quality centres.

4:1.3 Confectionery making which means the ability to successfully operate the following production types: chocolate tempering, moulding (solid and hollow), enrobing, spinning, high boiled and low boiled preparation and packaging plant.

4:1.4 Supervise the work of employees.

4:1.5 To assist in the provision of on the job training in conjunction with trainers and trade persons.





6. LEVEL 5

5:1 Typical Skills

Indicative tasks of the Level 5 employee are as follows:-


5:1.2 Able to develop high quality formulations and the production of first off samples and to develop new product manufacturing and quality control systems and to execute feasibility studies.

5:1.3 Basic production scheduling and materials handling within the scope of the process or directly related functions with new materials/finished goods location in conjunction with technicians.

5:1.4 To provide accurate production input and output at the necessary quality level and facilitate accurate costing accounting management information requirements.

5:1.5 Exercise advanced skills in chocolate tempering, centre formulations, high boiled, low boiled, enrobing, moulding (solid and hollow), wrapping and packaging.

5:1.6 Exercise advanced keyboard skill as it relates to confectionery manufacturing production systems.

5:1.7 Instruct employees at all other skill Levels.

5:1.8 Adjust equipment to meet quality assurance and process requirements of the production program.

Employees at this Level must have the following:-

A trade certificate appropriate within the scope of their position and demonstrated the ability to exercise the skills and duties of that trade, or;•

A minimum of five years work experience with a recognised confectionery manufacturing works as a confectioner, or;•

A European certificate of accreditation, or;•

A skills level which will enable achievement of Quality Assurance Certifications, research and development grants and other special accreditations.•


Understand and apply quality control techniques.•

Exercise good interpersonal communication skills.•

Exercise discretion with the scope of the grade.•

APPENDIX 1. - PARENTAL LEAVE ENTITLEMENTS

(1) Maternity Leave

(a) Nature of Leave

Maternity leave is unpaid leave

(b) Definitions

For the purposes of this subclause:

(i) "Paternity leave" means leave of the type provided for in subclause (2) of this Clause whether prescribed in an award or otherwise.

(ii) "Child" means a child of the employee under the age of one year.

(c) Eligibility for Maternity Leave

An employee who becomes pregnant, upon production to the Employer of the certificate required by paragraph (d) hereof, shall be entitled to a period of up to 52 weeks maternity leave provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of paternity leave taken by the employee's spouse in relation to the same child and apart from paternity leave of up to one week at the time of confinement shall not be taken concurrently with paternity leave, specified in the relevant statutory declaration.

Subject to paragraphs (f) and (i) hereof the period of maternity leave shall be unbroken and shall, immediately following confinement include a period of six weeks compulsory leave. Notwithstanding the requirement to take compulsory leave, an employee may request to return to work at any time, subject to the agreement of the employer.

The employee must have had at least 12 months continuous service with the Employer immediately preceding the date upon which she proceeds upon such leave.

(d) Certification

At the time specified in paragraph (e) the employee must produce to the Employer;

(i) A certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement;

(ii) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engaged in any conduct inconsistent with her contract of employment.

(e) Notice Requirements

(i) An employee shall, not less than ten weeks prior to the presumed date of confinement, produce to the employer the certificate referred to in subparagraph placitum (i) of paragraph (d) above.

(ii) An employee shall give not less than four weeks notice in writing to the Employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to the Employer the statutory declaration referred to in placitum (ii) of paragraph (d) above.

(iii) The Employer by not less than 14 days notice in writing to the employee may require her to commence maternity leave at any time within the six weeks immediately prior to the presumed date of confinement.

(iv) An employee shall not be in breach of this Clause as a consequence of failure to give the specified period of notice in accordance with placitum (ii) hereof if such failure is occasioned by:

(aa) the confinement occurring earlier than the presumed date, or

(bb) compelling circumstances, it was not reasonably practicable for the employee to comply; or

(cc) by the employee submitting the application as soon as reasonably practicable before, on or after the first day of the leave.

(f) Transfer to a Safe Job

Where 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 her present work, the employee shall, 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.

If the transfer to a safe job is not practicable, the employer may, or the Employer may require the worker to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of paragraphs (j), (k), (l) and (m) hereof.

(g) Variation of Period of Maternity Leave

(i) Provided the maximum period of maternity leave does not exceed the period to which the employee is entitled under paragraph (c) hereof;

(aa) the period of maternity leave may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;

(bb) The period may be further lengthened by agreement between the employee and the Employer.

(ii) The period of maternity leave may, with the consent of the Employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

(h) Cancellation of Maternity Leave

(i) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a employee terminates other than by the birth of a living child.

(ii) Where the pregnancy of a employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the Employer which shall not exceed four weeks from the date of notice in writing by the employee to the Employer that she desires to resume work.

(i) Special Maternity Leave and Sick Leave

(i) 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 -

(aa) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work, or

(bb) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.

(ii) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under paragraph (c) hereof.

(iii) For the purposes of paragraph (j), (k) and (l) hereof, maternity leave shall include special maternity leave.

(iv) An employee returning to work after the completion of a period of leave taken pursuant to this paragraph shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to paragraph (f), hereof to the position she held immediately before such transfer.

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

(j) Maternity Leave and Other Leave Entitlements

(i) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph (c) hereof, an employee may in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.

(ii) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave.

(k) Effect of Maternity Leave on Employment

Subject to this subclause, irrespective of any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(l) Termination of Employment

(i) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(ii) The Employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of the Employer in relation to termination of employment are not hereby affected.

(m) Return to Work After Maternity Leave

(i) An employee shall confirm her intention of returning to her work by notice in writing to the Employer given not less than four weeks prior to the expiration of her period of maternity leave.

(ii) An employee upon returning to work after maternity leave or the expiration of the notice required by paragraph (i) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to paragraph (f) hereof, to the position which she held immediately before such transfer or in relation to an employee who has worked part time during the pregnancy the position she held immediately before commencing such part time work.

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

(n) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

(ii) Before the Employer engages a replacement employee the Employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(iii) Before the Employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this subclause, the Employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(iv) Nothing in this subclause shall be construed as requiring a Employer to engage a replacement employee or to continue to employ the replacement employee beyond the date of return of the employee.

(2) Paternity Leave

(a) Nature of Leave

Paternity leave is unpaid leave

(b) Definitions

For the purposes of this subclause

(i) "Maternity leave" means leave of the type provided for in subclause (1) of this clause and includes special maternity leave whether prescribed in an award or otherwise.

(ii) "Child" means a child of the employee or the employee's spouse under the age of one year.

(iv) "Primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

(c) Eligibility for Paternity Leave

A male employee upon production to the Employer of the certification required by paragraph (f) hereof, shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances:

(i) An unbroken period of up to one week at the time of confinement of his spouse;

(ii) A further unbroken period of up to 51 weeks in order to be the primary care-giver of a child provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of maternity leave taken by the employee's spouse in relation to the same child and shall not be taken concurrently with that maternity leave.

The employee must have had at least 12 months continuous service with the Employer immediately preceding the date upon which he proceeds upon either period of leave.

(d) Certification

At the time specified in paragraph (e) the employee must produce to the Employer;

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

(ii) in relation to any period to be taken under placitum (ii) of paragraph (c) hereof, a statutory declaration stating:

(aa) He will take that period of paternity leave to become the primary care-giver of a child;

(bb) particulars of any period of maternity leave sought or taken by his spouse; and

(cc) for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.


(i) The employee shall, not less than ten weeks prior to each proposed period of leave, give the Employer notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in paragraph (d) hereof.

(ii) The employee shall not be in breach of this paragraph as a consequence of failure to give the notice required in paragraph (a) hereof if such failure is due to:

(aa) The birth occurring earlier than the expected date; or

(bb) the death of the mother of the child; or

(cc) other compelling circumstances.

(iii) The employee shall immediately notify the Employer of any change in the information provided pursuant to paragraph (d) hereof.

(f) Variation of Period of Paternity Leave

(i) Provided the maximum period of paternity leave does not exceed the period to which the employee is entitled under paragraph (c) hereof:

(aa) The period of paternity leave provided by placitum (ii) of paragraph (c) may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;

(bb) The period may be further lengthened by agreement between the Employer and the employee.

(ii) The period of paternity leave taken under placitum (ii) of paragraph (c) hereof may, with the consent of the Employer be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

(g) Cancellation of Paternity Leave

(i) Paternity leave, applied for under placitum (ii) of paragraph (c) hereof but not commenced, shall be cancelled when the pregnancy of the employee's spouse terminates other than by the birth of a living child.

(ii) Paternity leave shall terminate within a reasonable period if the employee ceases to be the child’s primary care giver.

(h) Paternity Leave and Other Leave Entitlements

(i) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph (c) hereof, an employee may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.

(ii) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during his absence on paternity leave.

(i) Effect of Paternity Leave on Employment

Subject to this subclause, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(j) Termination of Employment

(i) An employee on paternity leave may terminate his employment at any time during the period of leave by notice given in accordance with this Award.

(ii) The Employer shall not terminate the employment of an employee on the ground of his absence on paternity leave, but otherwise the rights of the Employer in relation to termination of employment are not hereby affected.

(k) Return to Work After Paternity Leave

(i) An employee shall confirm his intention of returning to work by notice in writing to the Employer given not less than four weeks prior to the expiration of the period of paternity leave provided by placitum (ii) of paragraph (c) hereof.

(ii) An employee, upon returning to work after paternity leave or the expiration of the notice required by placitum (i) above, shall be entitled to the position which he held immediately before proceeding on paternity leave or, in relation to an employee who has worked part time under this clause to the position he held immediately before commencing such part time work.

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

(l) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave.

(ii) Before the Employer engages a replacement employee the Employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(iii) Before the Employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his rights under this subclause, the Employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.


(3) Adoption Leave

(a) Nature of Leave

Adoption leave is unpaid leave

(b) Definitions

For the purposes of this subclause

(i) "Child" means a person under the age of five years 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.

(ii) "Relative Adoption" occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of whole blood or half blood or by marriage).

(iii) "Primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

(c) Eligibility

An employee, upon production to the Employer of the certification required by paragraph (d) hereof, shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances:

(i) An unbroken period of up to three weeks at the time of placement of the child;

(ii) An unbroken period of up to 52 weeks from the time of the child's placement in order to be the primary care-giver of a child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employee's spouse in relation to the same child. This entitlement of up to 52 weeks shall be reduced by:

(aa) Any period of leave taken pursuant to placitum (i) above; and

(bb) the aggregate of any periods of adoption leave taken or to be taken by the employee's spouse;

The employee must have had at least 12 months continuous service with the Employer immediately preceding the date upon which he or she proceeds on such leave in either case.

(iii) The entitlement to adoption leave must not overlap with any periods of adoption leave taken by the employee's spouse, except an unbroken period of up to three weeks at the time of placement of the child.

(d) Certification

Before taking adoption leave the employee must produce to the Employer;

(i)

(aa) A statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or

(bb) a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.

(ii) in relation to any period to be taken under placitum (ii) of paragraph (3) hereof, a statutory declaration stating:

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

(bb) particulars of any period of adoption leave sought or taken by the employee's spouse; and

(cc) for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.


(i) Upon receiving notice of approval for adoption purposes, an employee shall notify the Employer of such approval and within two months of such approval shall further notify the Employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

(ii) An employee who commences employment with the Employer after the date of approval for adoption purposes shall notify the Employer thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take. Provided that such employee shall not be entitled to adoption leave unless the employee has not less than 12 months continuous service with the Employer immediately preceding the date upon which he or she proceeds upon such leave.

(iii) An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to the employer of such date, and of the date of the commencement of any period of leave to be taken under placitum (i) of paragraph (c) hereof.

(iv) An employee shall, ten weeks before the proposed date of commencing any leave to be taken under placitum (ii) of paragraph (c) hereof, give notice in writing to the Employer of the date of commencing leave and the period of leave to be taken.

(v) An employee shall not be in breach of this subclause, as a consequence of failure to give the stipulated period of notice in accordance with placitum (iii) and (iv) hereof if

such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

(f) Variation of Period of Adoption Leave

(i) Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under paragraph (c) hereof:

(aa) The period of leave taken under placitum (ii) of paragraph (c) hereof may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;

(bb) The period may be further lengthened by agreement between the Employer and the employee.

(ii) The period of adoption leave taken under placitum (ii) of paragraph (c) hereof may, with the consent of the Employer be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

(g) Cancellation of Adoption Leave

(i) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.

(ii) Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee shall notify the Employer forthwith and the Employer shall nominate a time not exceeding four weeks from receipt of notification for the employee's resumption of work.

(iii) Adoption leave shall terminate within a reasonable period if the employee ceases to be the child’s primary care giver.

(h) Special Leave

The Employer shall grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the employee the Employer may require the employee to take such leave in lieu of special leave.

(i) Adoption Leave and Other Entitlements

(i) Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under paragraph (3) hereof, an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.

(ii) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during the employee's absence on adoption leave.

(j) Effect of Adoption Leave on Employment

Subject to this subclause, irrespective of any award or other provision to the contrary, absence on adoption leave shall not break the continuity of service of an employee but

shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(k) Termination of Employment

i) An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with this award.

ii) The Employer shall not terminate the employment of an employee on the ground of the employee's application to adopt a child or absence on adoption leave, but otherwise the rights of the Employer in relation to termination of employment are not hereby affected.

(l) Return to Work After Adoption Leave

i) An employee shall confirm the intention of returning to work by notice in writing to the Employer given not less than four weeks prior to the expiration of the period of adoption leave provided by placitum (ii) of paragraph (c) hereof.

ii) An employee, upon returning to work after adoption leave shall be entitled to the position held immediately before proceeding on such leave or, in relation to an employee who has worked part time under this clause to the position held immediately before commencing such part time work.

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 shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position.

(m) Replacement Employees

i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave.

ii) Before the Employer engages a replacement employee the Employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

-iii) Before the Employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this subclause, the Employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.


(4) Part Time Work

(a) Definitions

For the purpose of this subclause:

(i) "Male employee" means a employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.

(ii) "Female employee" means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.

(iii) "Former position" means the position held by a female or male employee immediately before proceeding on leave or part time employment under this subclause whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

(b) Entitlement

With the agreement of the Employer:

(i) A male employee may work part time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.

(ii) A female employee may work part time in one or more periods while she is pregnant where part time employment is, because of the pregnancy, necessary or desirable.

(iii) A female employee may work part time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday.

(iv) In relation to adoption a female employee may work part time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.

(c) Return to Former Position

(i) An employee who has had at least 12 months continuous service with the Employer immediately before commencing part time employment after the birth or placement of a child has, at the expiration of the period of such part time employment or the first period, if there is more than one, the right to return to his or her former position.

(ii) Nothing in placitum (i) hereof shall prevent the Employer from permitting the employee to return to his or her former position after a second or subsequent period of part time employment.

(d) Effect of Part time Employment on Continuous Service

Commencement on part time work under this clause, and return from part time work to full time work under this clause, shall not break continuity of service or employment.

(e) Pro Rata Entitlements

Subject to the provisions of this subclause and the matters agreed to in accordance with paragraph (f) hereof, part time employment shall be in accordance with the provisions of this award which shall apply pro-rata.

(f) Part time Work Agreement

(i) Before commencing a period of part time employment under this subclause the employee and the Employer shall agree:

(aa) That the employee may work part time; Upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;

(bb) Upon the classification applying to the work to be performed; and

(cc) Upon the period of part time employment.

(ii) The terms of this agreement may be varied by consent.

(iii) The terms of this agreement or any variation to it shall be reduced to 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.

(iv) The terms of this agreement shall apply to the part time employment.

(g) Termination of Employment

(i) The employment of a part time employee under this clause, may be terminated in accordance with the provisions of this award but may not be terminated by the Employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

(ii) Any termination entitlements payable to an employee whose employment is terminated while working part time under this clause, or while working full time after transferring from part time work under this clause, shall be calculated by reference to the full time rate of pay at the time of termination and by regarding all service as a full time employment and all service as a part time employee on a pro-rata basis.

(h) Extension of Hours of Work

The Employer may request, but not require, an employee working part time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with paragraph (f).

(i) Nature of Part Time Work

The work to be performed part time need not be the work performed by the employee in his or her former position but shall be work otherwise performed under this award.

(j) Inconsistent Award Provisions

An employee may work part time under this clause irrespective of any other provision of this award which limits or restricts the circumstances in which part time employment may be worked or the terms upon which it may be worked including provisions prescribing a minimum or maximum number of hours a part time employee may work.

(k) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee working part time under this subclause.

(ii) A replacement employee may be employed part time. Subject to this paragraph, paragraphs (e), (f), (g) and (j) of this subclause apply to the part time employment of a replacement employee.

(iii) Before an employer engages a replacement employee under this paragraph, the Employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(iv) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of placitum (v) of paragraph (a) hereof.

(v) Nothing in this subclause shall be construed as requiring a Employer to engage a replacement employee or to continue to employ the replacement employee beyond the date of return of the employee.

33. - SUPPORTED WAGES EMPLOYEES

(1) The 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:

(a) “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]”.

(b) “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.

(c) “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.

(d) “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.

(2) Eligibility Criteria

(a) 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 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.

(b) 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 award relating to the rehabilitation of employees who are injured in the course of their current employment.

(c) The award does not apply to employers in respect of their facility, program, 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 Section 10 or Section 12A of the Act, or if a part only has received recognition, that part.

(3) Supported Wage Rates

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 to the following schedule:

Assessed

Capacity

( Sub-clause 4)

% of Prescribed

Award Rate

10%* 10%*

20% 20%

30% 30%

40% 40%

50% 50%

60% 60%

70% 70%

80% 80%

90% 90%

(Provided that the minimum amount payable shall not be less than $45 per week).

* Where a person’s assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

(4) Assessment of Capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a) the employer and the union, in consultation with the employee or, if desired, by any of these;

(b) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

(5) Lodgement of Assessment Instrument

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

(b) 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 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.

(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.

(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 employees covered by this award paid on a pro-rata basis.

(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 redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.

(9) Trial Period

(a) 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 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

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

(c) The minimum amount payable to the employee during the trial period shall be no less than $45 per week.

(d) Work trials should include induction or training as appropriate to the job being trialed.

(e) 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 assessment under subclause (4) of this clause.

34. - UNIONS PARTY TO AWARD

(1) The Food Preservers Union of Western Australia, Union of Workers is a party to this Award in so far as it relates to the operations of all Respondents to this Award other than the operations of Inghams Enterprises Pty Ltd at Osborne Park.

(2) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch shall be a party to this Award in so far as it relates to the operations of Inghams Enterprises Pty Ltd at Osborne Park.

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

(3) With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

SCHEDULE OF RESPONDENTS

Anchor Products Pty Ltd

148 Carrington Street

O'CONNOR WA 6163

Arnotts Mills and Wares Pty Ltd

334 South Terrace

FREMANTLE WA 6160

Australian Poultry Ltd

116 Howe Street

OSBORNE PARK WA 6017

Azzura Gelati

7 Zeta Crescent

O'CONNOR WA 6163

Baldivis Poultry Processors & Rockingham Chicken Suppliers

RM 13, 154 Mandurah Road

BALDIVIS WA 6171

CCA Snack Foods Pty Ltd

38 Bannister Road

CANNING VALE WA 6155

D. & J. Fowler (Aust) Ltd

24 Coulston Way


Edgell-Birds Eye

Franklin Street

MANJIMUP WA 6258

Festive Foods

7 Madison Street


Golden West Foods

56 Kerosene Lane

BALDIVIS WA 6171

Inghams Enterprises Pty Ltd

Baden Street


Kailis & France Pty Ltd

14 Neil Street


Meadow Lea Margarine (WA) & Co Pty Ltd

6 Absolon Road

PALMYRA WA 6157

Mercer-Mooney

MP 16 Market City

280 Bannister Road


MG Kailis Gulf Fisheries Pty Ltd

12 Stirling Highway

NEDLANDS WA 6009

Peters (WA) Ltd

465 Scarborough Beach Road


Prepact Processors & Packers

125 Garling Street

O'CONNOR WA 6163

Prepact Pty Ltd

125 Garling Street

O'CONNOR WA 6163

Promark Ltd

280 Bannister Road


Southern Processors Ltd

Princess Royal Drive

ALBANY WA 6330

Sumich Group Ltd

Mandogalup Road

SOUTH COOGEE WA 6166

Sunshine Pickle Co.

15 Kirke Street

BALCATTA WA 6021

APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if: -

(i) the employer is of the opinion that access to the records by the representative of the organisation would infringe the privacy of persons who are not members of the organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of employees authorised for the purpose in accordance with the rules of the organisation.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not less than 24 hours to an employer.

V A R I A T I O N R E C O R D

FOOD INDUSTRY (FOOD MANUFACTURING OR PROCESSING) AWARD

AWARD NO. A 20 OF 1990

Delivered 16/03/91, at 71 WAIG 1191

Section 93(6) Consolidation at

CLAUSE NO.

EXTENT OF VARIATION

ORDER NO.

OPERATIVE DATE

GAZETTE REFERENCE

1. Title

Cl. 964/92 27/11/92 72 WAIG 2782

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl & Title 757/98 12/06/98 78 WAIG 2579

1A. Statement of Principles – June, 1998

Del Cl 609/99 06/07/99 79 WAIG 1847

1B. Minimum Adult Award Wage

Ins. 1B 940/97 14/11/97 77 WAIG 3177

(1)-(7), ins. (8) 1385/98 23/10/98 78 WAIG 4335

New Prov. 609/99 01/08/99 79 WAIG 1847

Cl. 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Cl 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2225

(9) 1197/03 1/11/03 83 WAIG 3537

Cl 570/04 4/06/04 84 WAIG 1521

2. Arrangement

Ins. 1A 1752/91 31/01/92 72 WAIG 191

Ins. 32. 965/92 01/01/93 73 WAIG 347

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. Appendix –Resolution…

693/96 16/07/96 76 WAIG 2768

Ins. Appendix –S.49B…

694/96 16/07/96 76 WAIG 2789

1A. Title 915/96 7/08/96 76 WAIG 3368

Ins. 33. 1168/96 21/10/96 76 WAIG 4679

8, 13 Titles, Ins. App. 1

127/97 26/06/97 77 WAIG 1721

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A 757/98 12/06/98 78 WAIG 2579

Del 1A 609/99 06/07/99 79 WAIG 1847

Ins.33 1471/00 03/11/00 80 WAIG 5164

3. Scope

Cl. 964/92 27/11/92 72 WAIG 2782

4. Area

5. Term

6. Objects

7. Absence Through Sickness

(1), (4) 127/97 26/06/97 77 WAIG 1721

(8. Compassionate Leave)

Del. Cl. & Title 127/97 26/06/97 77 WAIG 1721

8. Bereavement Leave

Ins. Cl. 127/97 26/06/97 77 WAIG 1721

9. Long Service Leave

10. Time and Wages Record

Ins text (2). 491/98 16/04/98 78 WAIG 1471

11. Right of Entry

Ins.Txt 2053(1)/97 22/11/97 77 WAIG 3138

12. Posting of Award

(13. Maternity Leave)

Del. Cl. & Title 127/97 26/06/97 77 WAIG 1721

13. Parental Leave

Ins. Cl. 127/97 26/06/97 77 WAIG 1721

14. Ordinary Hours of Work

15. Enterprise Hours of work

16. Additional Rates for Night Work

17. Shift Work

18. General Conditions

19. Meal Allowance

Cl. 461/00 18/07/00 80 WAIG 3285

Ins Rates 1978/01 30/01/02 82 WAIG 273

Ins. Rates 1425/02 13/12/2002 83 WAIG 135

Rates 1011/03 18/09/03 83 WAIG 3353

20. Meal Breaks

21. Contract of Employment

(1); ins. (2); renum. Exist. (2) as (3); del. Exist. (3); ins. (4); renum. Exist. (4)-(6) as (5)-(7)

127/97 26/06/97 77 WAIG 1721

22. Annual Leave

23. Public Holidays

24. Superannuation

Ins. Text 599/98 30/06/98 78 WAIG 2559

25. Dispute Settlement

26. Introduction of Change

27. Redundancy

28. Payment of Wages

29. Enterprise Agreements

30. Traineeship

Cl. 127/97 26/06/97 77 WAIG 1721

Rates & Ins Text (1)

609/99 01/08/99 79 WAIG 1847

Cl. 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Cl. (Correction) 752/01 01/08/01 83 WAIG 1861

Cl. 569/03 5/06/03 83 WAIG

1899 & 2225

Cl 570/04 4/06/04 84 WAIG 1521 & 1755

31. Wages

(1), (3) 1252/91 04/10/91 72 WAIG 518

(1) text Cor. 1252/91

18/03/92 72 WAIG 885

Cl. 964/92 27/11/92 72 WAIG 2782

Cl. 965/92 01/01/93 73 WAIG 347

Cl. 1217/93 19/11/93 74 WAIG 99

Cl. 274/94 04/04/94 74 WAIG 1277

Cl. 506/94 19/05/94 74 WAIG 1927

Preamble, (1) & (2)

816/95 30/08/95 75 WAIG 2814

Preamble, (1) 1305/96 29/11/96 77 WAIG 240

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

(1) 1385/98 23/10/98 78 WAIG 4335

Rates & Ins Text (1)

609/99 01/08/99 79 WAIG 1847

(3) 461/00 18/07/00 80 WAIG 3285

Cl. 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

(3) 1978/01 30/01/02 82 WAIG 273

(1) 797/02 01/08/02 82 WAIG 1369

(3) 1425/02 13/12/2002 83 WAIG 135

Cl. 569/03 5/06/03 83 WAIG 1899 & 2225

(3) 1011/03 18/09/03 83 WAIG 3353

Cl 570/04 4/06/04 84 WAIG 1521 & 1755

32. Definitions

Ins Cl. 965/92 01/01/93 73 WAIG 347

Ins. Sections Five & Six

1217/93 19/11/93 74 WAIG 99

Appendix 1. - Parental Leave Entitlements

Ins. Appendix 127/97 26/06/97 77 WAIG 1721

33. Supported Wages Employees

Ins. Cl. 1168/96 21/10/96 76 WAIG 4679

34. Unions Party To Award

Ins. Cl. 1471/00 03/11/00 80 WAIG 5164

Appendix - Resolution of Disputes Requirements


App 2053/97 22/11/97 77 WAIG 3079

Schedule of Respondents

Appendix - S.49B - Inspection of Records Requirements


(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471

food industry (food manufacturing or processing)...

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