TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984 s.23 application for award or variation of award

The Australasian Meat Industry Employees Union, Tasmanian Branch

(T6360 of 1996)

Australian Municipal, Administrative, Clerical and Services Union (T6405 of 1996)

MEAT TRADES AWARD

Award variation - wage rates - third $8.00 Safety Net Adjustment - allowances - consent matter - application granted - award varied - operative date ffpp 21 August 1996 ORDER BY CONSENT

No. 3 of 1996

(Consolidated)

A NEW CLAUSE IS SUBSTITUTED FOR CLAUSE 8, CLAUSE 18 AND CLAUSE 24 ARE VARIED, AND THE AWARD IS CONSOLIDATED:

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1. TITLE This award shall be known as the "Meat Trades Award". 2. SCOPE This award is established in respect of the industry of: (a) selling of uncooked meat; (b) making and selling of Butchers' smallgoods; and (c) preserving and processing meat. 3. ARRANGEMENT SUBJECT MATTER CLAUSE NO. Title 1 Scope 2 Arrangement 3 Date of Operation 4 Supersession and Savings 5 Parties and Persons Bound 6 Definitions 7 Wage Rates 8

SECTION I - CONDITIONS FOR CLERKS AND EMPLOYEES EMPLOYED IN RETAIL SHOPS

Annual Leave 9 Apprentices 10 Career Start Traineeship 11 Casual Employees 12 Change House 13 Compassionate Leave 14 Consultative Procedures 15 Contract of Employment 16 Cool Store Conditions 17 Disability Allowance - Division F 18 Driver's Licence 19 Dryers 20 Duties of Slaughtermen 21 Duties of a Slicer/Trimmer (Engaged under Piecework Conditions) 22 Enterprise Agreements 23

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First Aid 24 Grievance Procedure 25 Handling of Condemned Carcases 26 Holidays with Pay 27 Hours 28 Incidental Expenses 29 Intermittent or Part-time Employees 30 Junior Workers other than Apprentices 31 Leave to Attend Union Business 32 Materials 33 Meal Hours 34 Meal Room 35 Mixed Functions 36 Overtime 37 Parental Leave 38 Payment of Wages 39 Preference of Employment 40 Relieving Employees 41 Right of Entry 42 Saturday Work 43 Saving 44 Sharpening of Knives 45 Sick Leave 46 Smoke-O 47 Sunday and Holiday Work 48 Superannuation 49 Tallies 50 Termination of Service 51 Tool Allowance 52 Trainees-ATS 53 Travelling Time 54 Uniforms - Retail Shops 55 Washing Accommodation 56

SECTION II - CONDITIONS FOR EMPLOYEES EMPLOYED IN 'SUPERMARKETS' (AS DEFINED)

Annual Leave 57 Casual Employees 58 General Conditions 59 Hours 60 Intermittent or Part-time Employees 61 Materials 62 Meal Hours 63 Overtime 64 Saturday Work 65 Saving 66

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Sick Leave 67 Sunday and Holiday Work 68

SECTION III - CONDITIONS FOR EMPLOYEES (OTHER THAN CLERKS) EMPLOYED IN SMALLGOODS ESTABLISHMENTS

Casual Employees 69 General Conditions 70 Grievance Procedure 71 Intermittent or Part-time Employees 72 Junior Workers other than Apprentices 73 Materials 74 Overtime 75 Saturday Work 76 Starting and Finishing Times 77 Sunday and Holiday Work 78 Washing Accommodation 79 4. DATE OF OPERATION This award shall come into operation from the first full pay period to commence on or after 1996. 5. SUPERSESSION AND SAVINGS This award incorporates and supersedes No. 3 of 1994 (Consolidated), No. 4 of 1994, No. 5 of 1994, No. 6 of 1994, No. 1 of 1995, No. 1 of 1996 and No. 2 of 1996. PROVIDED that no right, obligation or liability incurred or accrued under any of the abovementioned provisions shall be affected by the replacement and supersession. 6. PARTIES AND PERSONS BOUND Unless otherwise specified, this award shall have application to and be binding upon: (a) all employers (whether members of a Registered Organisation or not) who are

engaged in the industry specified in Clause 2 - Scope; (b) all employees (whether members of a Registered Organisation or not) for whom

classifications appear in this award and who are employed in the industry specified in Clause 2 - Scope;

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(c) the following organisations of employees in respect of whom award interest has been determined:

(i) The Australasian Meat Industry Employees Union, Tasmanian Branch and the

officers of that organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(ii) the Australian Municipal, Administrative, Clerical and Services Union and the

officers of that organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(iii) the Construction, Forestry, Mining and Energy Union, Tasmanian Branch and

the officers of that organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(iv) the Transport Workers' Union of Australia, Tasmanian Branch and the officers

of that organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(d) the following organisations of employers in respect of whom award interest has

been determined: (i) the National Meat Association of Australia (Tasmanian Division) and the

officers of that organisation and their members who are engaged in the industry specified in Clause 2 - Scope;

(ii) The Retail Traders Association of Tasmania and the officers of that

organisation and their members who are engaged in the industry specified in Clause 2 - Scope;

(iii) the Tasmanian Chamber of Retailers and the officers of that organisation and

their members who are engaged in the industry specified in Clause 2 - Scope; (iv) the Tasmanian Chamber of Commerce and Industry Limited. 7. DEFINITIONS 'Show Day' means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the employee and the employer, therefore making a total of 11 paid public holidays per year.

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'Supermarket' - For the purposes of Section II of this award a supermarket shall mean a section of a diverse retail store engaged in the preparation and display of prepacked meat for retail sale within those premises. This definition shall not be taken to include a separate and distinct retail butcher shop which may be located within the premises of a diverse retail store. 'Trainee-ATS' means an employee engaged under the terms of the Australian Traineeship System under a Training Agreement (as defined) as either a Trainee Clerk or Trainee Meat Processor or as a Smallgoods Trainee. 'Training Agreement' shall mean an agreement registered under the provisions of the Industrial and Commercial Training Act 1985. 8. WAGE RATES

1. WAGE RATES The minimum weekly wage rate to be paid to employees classified hereunder shall be:

DIVISION A - BUTCHERS, MAKERS OF SMALLGOODS AND SELLERS OF MEAT AND/OR SMALLGOODS

Subdivision A1 - Retail Shops

Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Employees in country butchers' shops, i.e.

outside a radius of 16 kilometres of the Chief Post Office at Hobart or Launceston, required to do any slaughtering associated with such shop for more than 24 hours per week

409.80

24.00

433.80 2. Employee who does slaughtering for 24

hours or less in a slaughterhouse associated with a butcher's shop -

(i) whilst employed in such work (ii) whilst employed on other work, the

weekly rate prescribed for such work

409.80

24.00

433.80

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3. General Butcher in charge of a branch

shop, i.e. one whose duties consist of responsibilities in respect of the management or carrying on of the business of such branch shop, over and above the duties of general butcher

412.60

24.00

436.60 4. General Butcher who in the course of his

duties acts as shopperson or who is engaged or for sale as prepacked meat

393.40

24.00

417.40 5. Other general butchers not called on to

serve in shops

378.10

24.00

402.10 6. Smallgoods maker in butcher's shop 393.40 24.00 417.40 7. Salter 343.10 24.00 367.10 8. Scalder 343.10 24.00 367.10 9. Cooker 343.10 24.00 367.10 10. Order person who delivers but does not

cut meat and who is not a carter or driver

336.50

24.00

360.50 11. Sales assistant, an employee who

prepares counter ready products, sells fresh uncooked meat and smallgoods, and who may divide sausages, frankfurts, or other smallgoods and pre-cut meat for weight and for this purpose may use a knife for cutting

332.70

24.00

356.70 12. Wrapper, an employee who wraps meat

or smallgoods either in paper or cartons

348.20

24.00

372.20 13. Shop Cashier 332.10 24.00 356.10 14. All others 327.00 24.00 351.00

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15. Junior employees carrying out the duties of classifications 11, 12 and 13 herein shall be paid in accordance with the following schedule:

% of Wage Rate for Classification No 12 hereof $372.20

% Under 17 years of age 54 188.00 13.00 201.00 17 to 18 years of age 59 205.40 14.20 219.60 18 to 19 years of age 73 254.20 17.50 271.70 19 to 20 years of age 86 299.50 20.60 320.10 20 to 21 years of age 90 313.40 21.60 335.00

Subdivision A2 - Smallgoods and Processing of Meat

(a) Weekly Wage Employees Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Employees in the country required to do

any slaughtering as defined in the slaughterhouse associated with a small-goods or meat processing factory for more than 24 hours per week

409.80

24.00

433.80 2. Employee who does slaughtering for 24

hours or less per week in a slaughterhouse associated with a smallgoods or meat processing factory -

(i) whilst employed in such work (ii) whilst employed on other work, the

weekly rate prescribed for such work

409.80

24.00

433.80

3. Men employed principally on mixing

machines and/or responsibilities for the making of smallgoods

399.90

24.00

423.90 4. Fillerman 343.10 24.00 367.10 5. Smallgoods maker 393.40 24.00 417.40 6. Butcher 378.10 24.00 402.10

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7. Smallgoods seller from vehicles and who collects cash PROVIDED that a smallgoods seller who

operates a refrigerated vehicle shall be paid per week extra $3.30

352.80 24.00 376.80

8. Meat Lumper 348.20 24.00 372.20 9. Boner - (a) who in the course of his duties is

engaged principally in boning carcase meat for processing for export

(b) other boners

374.30

348.20

24.00

24.00

398.30

372.20 10. Pre-boning trimmer 337.20 24.00 361.20 11. Slicer/trimmer 348.20 24.00 372.20 12. Scalder 343.10 24.00 367.10 13. Salter 343.10 24.00 367.10 14. Cooker 343.10 24.00 367.10 15. De-rinding machine and slicing machine

operator

343.10

24.00

367.10 16. Carton or vacuum machine operator 337.60 24.00 361.60 17. Whizzard knife and brisket saw operator 337.60 24.00 361.60 18. Storeman 344.10 24.00 368.10 19. Packing room hand 332.10 24.00 356.10 20. Linker 337.30 24.00 361.30 21. Table hand 332.10 24.00 356.10

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22. Employee wrapping, weighting, packing

(including packing dripping in containers), sealing containers, bundling and labelling, tying end of unused synthetic skins, rodding skins, tying skins, slicing and wrapping smallgoods, bacon, cooked meats and weighing seasoning

332.10

24.00

356.10 23. Spotter, an employee using knives for

cleaning or preparing meat immediately prior to packing

332.10

24.00

356.10 24. All others 327.00 24.00 351.00 25. Junior employees carrying out the duties of wrapping smallgoods shall be paid in

accordance with the following schedule -

% of Adult Weekly Wage Rate Classification No 22 hereof $356.10 % Under 18 years of age 60 199.30 14.40 213.70 18 to 19 years of age 70 232.50 16.80 249.30 19 to 20 years of age 80 265.70 19.20 284.90 20 to 21 years of age 90 298.90 21.60 320.50

PROVIDED that employees engaged in the sawing and packing of frozen meat cuts

shall be paid per hour, whilst so engaged 34 cents 26. Trainee Meat Processing and Smallgoods Trainee The weekly wage rate payable to Trainees Meat processing and Smallgoods shall be

determined by multiplying the appropriate Junior Rates specified in Division H, subclause (a) by 39 (which represents the actual time spent in on-the-job training) and dividing that sum by 52.

The weekly wage rate determined by this calculation shall in no case be less than

the minimum rate prescribed by the Australian Traineeship System Guidelines. This figure is adjusted in accordance with National Wage Case decisions.

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(b) Piecework Rates Boners may be employed at the following piecework rates - (i) Mutton $1.0426 for each carcase; rams shall be paid at double rates whenever done; birdcage sheep - 4 carcases shall count as 5 sheep; sheep, or portion of sheep over 29 kg to be paid for at rate and a half. For the purpose of this paragraph - 2 flying foxes shall equal 1 carcase; 3 trunks shall equal 2 carcases; 3 pairs of legs shall equal 1 carcase; 3 pairs of loins shall equal 1 carcase; 3 pairs of hindquarters shall equal 2 carcases; 5 pairs of forequarters shall equal 2 carcases; 1 trunk with chump or portion attached shall equal 1 carcase; 5 pairs of loins with chump or portion attached shall equal 2 carcases. (ii) Beef -

Standard cut for canning or U.S.A. market boneless beef, including the removal of fillet in 1 piece -

$1.3672 per quarter Boned out as specified cuts or precision boning -

$1.4659 per quarter

Penalty for heavyweight cows and steers - carcase in excess of 272 kg shall be at

one and a half times the rate prescribed; bulls shall be paid for at double rates whenever done.

'Precision boning' means the removal of meat in the form of specified trade cuts,

or portions of fabricated meats by methods such as seaming which requires an increase in the work to be performed by the boner in order to complete the task.

For the purpose of this paragraph - 5 briskets shall equal 1 quarter of beef; 2 rumps of loins shall equal 1 quarter of beef; 4 clods and sticking shall equal 1 quarter of beef; 15 shins shall equal 1 quarter of beef; 2 necks and blades shall equal 1 quarter of beef; 2 ribs and 2 briskets shall equal 1 quarter of beef;

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3 crops shall equal 2 quarters of beef; 3 shoulders shall equal 2 quarters of beef; 3 chucks and blades shall equal 2 quarters of beef; 5 butts shall equal 2 quarters of beef; 7 briskets with shin attached shall equal 2 quarters of beef; 1 clod and shin shall equal 2 shins; 1 horses head shall equal 1 quarter of beef; 1 crop with shin attached, 5 shall equal 4 quarters; a forequarter shall consist of not less than 10 ribs of beef, nor more than 11 ribs; boners shall be required to remove the paddy-wack. Where boners are required to derive boneless meat for canning or U.S.A. market,

boneless beef from pieces of bone in meat listed above, they shall be paid a loading of 15% on the amount prescribed per quarter.

(iii) Calves - $ up to 27.25 kg 1.0646 27.26 kg to 54.5 kg 1.5925 54.51 kg to 90.75 kg 3.1613 over 90.75 kg to be paid for at beef prices. For the purpose of this paragraph - 3 flying foxes of veal shall equal 2 carcases; 4 trunks of veal shall equal 3 carcases; 4 pairs of legs of veal shall equal 1 carcase; 3 pairs of loins of veal shall equal 1 carcase; 2 pairs of hindquarters of veal shall equal 1 carcase; 2 pairs of forequarters shall equal one carcase; bird-caged calves - 4 carcases shall count as five; bird-caged calves boned in the side method with intercostal muscle attached - 4 shall count as 6. (iv) Pork - $2.9713 per 45.5 kg bone-in weight; $2.3857 per 45.5 kg when de-fatted and de-rinded. An employee who is required to bone hot meat, i.e. meat which has not previously

been chilled and is boned within 8 hours of slaughtering, shall be paid an additional 10% on the appropriate rates prescribed.

An employee who is required to bone boars shall be paid at double the ordinary

rate.

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Slicers - Trimmers may be employed at the following piecework rates - (i) Mutton - prepared for local market - $0.4916 per carcase; prepared for USA or export market - $0.6002 per carcase. (ii) Beef - prepared for local market - $0.8415 per quarter; prepared for USA or export market - $1.0976 per quarter. (iii) Veal - prepared for local marketup to 27.25 kg - $0.2516 per carcass 27.26 kg to 54.5 kg - $0.3425 per carcass 54.51 kg to 90.75 kg - $0.7238 per carcass prepared for U.S.A. or export market up to 27.25 kg - $0.4916 per carcass 27.26 kg to 54.5 kg - $0.7748 per carcass 54.51 kg to 90.75 kg - $1.3702 per carcass penalties, bulls and rams - 1 shall equal 1.1/2.

DIVISION B - BACON CURERS Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Leading hand in curing department 412.60 24.00 436.60 2. General assistants, cutters up, rollers,

bacon trimmers, and leading hands in the lard department

382.20

24.00

406.20 3. First assistant in the curing department 382.20 24.00 406.20 4. Other assistants in the curing department 363.30 24.00 387.30 5. Other employees in the lard department

smoke fillers, smoke rooms and drying room employees, packers, washers of hams, ham and bacon baggers

345.10

24.00

369.10 6. Yardman 337.60 24.00 361.60 7. All others 327.00 24.00 351.00

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DIVISION C - ENGINE DRIVERS AND FIREMEN

Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Stationary engine drivers in charge of

refrigerating compressors of capacity of 25.4 tonnes or less

342.50

24.00

366.50 2. Stationary engine drivers in charge of

refrigerating compressors of capacity over 25.4 tonnes

352.00

24.00

376.00

3. Leading driver in charge of plant, a

payment to be made of $18.30 in addition to the rate prescribed according to capacity of equipment $18.30

4. Firemen - (a) In charge of one boiler (b) In charge of 2 or more boilers

322.00 328.10

24.00 24.00

346.00 352.10

In all cases where reckoning time of duty, any time necessarily occupied in raising steam, in starting up or closing down engines, or in banking fires shall be included.

Shift Work Rates

Employees who are employed on afternoon or night shifts shall be paid 15% extra. For the purpose of this paragraph - 'Afternoon shift' means any shift terminating after 7.00pm (Monday to Wednesday) and 9.00pm (Thursday and Friday) and at or before midnight. 'Night shift' means any shift terminating after midnight and at or before 8.00am.

Boiler Cleaning Any person engaged inside the gas or water space of any boiler, flue, or economiser, in cleaning or scraping work shall, whilst so employed, be paid 66 cents per hour in addition to his ordinary or overtime rate of pay.

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DIVISION D - COOL STORES AND FREEZERS

Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Freezer chamber hand, i.e. an employee

who is required to work in a temperature between 0 degrees C and -16 degrees C

352.80

24.00

376.80 2. Leading and freezer chamber, i.e. an

employee who is responsible for keeping freezer chamber records and/or supervises the work of other employees working in freezer chambers

365.00 24.00 389.00

3. An employee required to work in

temperatures: (a) from -2 to -16 degrees C., shall be

paid per hour extra 14 cents; (b) from -16 to -18 degrees C., shall be

paid per hour extra 32 cents; (c) from -18 to -21 degrees C., shall be

paid per hour extra 43 cents; (d) in excess of -21 degrees C., shall be

paid per hour extra 58 cents.

DIVISION E - CARTERS AND DRIVERS

Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Employee driving motor vehicle having

maker's capacity of -

1.2 tonnes or less 355.20 24.00 379.20 Over 1.2 tonnes but not over 3 tonnes 359.20 24.00 383.20 Over 3 tonnes but under 6 tonnes 364.00 24.00 388.00 6 tonnes and over but under 7 tonnes 364.70 24.00 388.70 7 tonnes and over but under 8 tonnes 365.60 24.00 389.60 8 tonnes and over but under 9 tonnes 366.30 24.00 390.30 9 tonnes and over but under 10 tonnes 367.20 24.00 391.20

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2. Employee driving articulated vehicle

having maker's capacity of -

Under 9 tonnes 371.10 24.00 395.10 9 tonnes and over but under 10 tonnes 372.10 24.00 396.10 For each additional complete tonne over

9 tonnes an extra 85 cents (as part of the weekly wage for all purposes) shall be payable, provided that no load shall exceed the limit prescribed by or under any State Act.

3. Loaders 345.50 24.00 369.50 4. Fork lift truck driver - (a) lifting capacity up to 5000 kg 335.70 24.00 359.70 (b) lifting capacity in excess of 5000 kg 341.00 24.00 365.00 5. Motor, drawing trailer $1.52 per day

extra.

6. Further additional amount for employee

carting specially offensive material - $2.37 per week extra.

7. Further additional amount for driver who

loads and/or unloads carcases - $1.91 per week extra.

'Specially offensive material' means bone dust, bones, blood, manure, dead

animals, offal fat (including that which is carted from hotels and restaurants or other places in containers), tallow in second-hand casks or in second-hand iron or steel drums, green skins, raw hides and sheep skins, when fly blown or maggoty, sausage skin casings, except when packed in non-leaky containers for consumption, saltcake, spent oxide, hair and fleshings, soda ash, muriate of potash, sulphur ex-wharf, sheep's trotters (known as pie), sulphuric acid of the strength of 96% or 98% in cases in which the carter is required to handle individual jars, stable, cow or pig manure, meat meal, liver meal, blood meal, TNT, and other goods which the Secretary for Labour shall decide from time to time are specially offensive goods.

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DIVISION F - MAINTENANCE EMPLOYEES

Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. Maintenance carpenter or painter 393.40 24.00 417.40 2. Fitter 393.40 24.00 417.40 3. Electrical mechanic 393.40 24.00 417.40 4. Welder 1st class 393.40 24.00 417.40 5. Boiler maker 393.40 24.00 417.40 PROVIDED that employees classified in item 3 hereof who are holders of an `A' Grade licence shall be paid an additional allowance of $10.40 per week. PROVIDED ALWAYS that a licence nominee shall be paid an allowance of $29.10 per week in addition to the weekly wage.

DIVISION G - APPRENTICES The minimum weekly wage rate for apprentices shall be the undermentioned percentages of the tradesman's wage:'

Percentage of Weekly Wage Rate of Classification 4 of Division A, Sub-division A1 - $417.40

Base Safety Net Weekly Wage Rate Adjustment Rate % $ $ $ First year 38 149.50 9.10 158.60 Second year 55 216.40 13.20 229.60 Third year 72 283.20 17.30 300.50 Fourth year 87 342.30 20.90 363.20 PROVIDED that employees employed as apprentices and who do not receive accredited off-the-job technical training shall be paid the relevant tradespersons weekly wage rate as set out in Clause 8 - Wage Rates.

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DIVISION H - JUNIOR WORKERS OTHER THAN APPRENTICES (a) The minimum weekly wage rate that may be paid to junior workers employed in

occupations covered by the foregoing divisions, other than Divisions D, F and G shall be the undermentioned percentages of the weekly wage rate for Classification No. 14 of Division A, subdivision A1 calculated to the nearest 10 cents - $351.00.

Base Safety Net Weekly Wage Rate Adjustment Rate % $ $ $ Under 17 years of age 55 179.90 13.20 193.10 17 to 18 years of age 70 228.90 16.80 245.70 18 to 19 years of age 85 278.00 20.40 298.40 19 to 20 years of age 100 327.00 24.00 351.00 20 years of age and over Minimum Adult Weekly Wage Rate. (b) The minimum weekly wage rate that may be paid to junior workers employed in a

cool store or freezer shall be the undermentioned percentages of the adult weekly wage rate prescribed in Classification 1 of Division D - $376.80.

Base Safety Net Weekly Wage Rate Adjustment Rate % $ $ $ 18 to 19 years of age 87 306.90 20.90 327.80 19 years of age and over 100 352.80 24.00 376.80

DIVISION I - CLERKS Except as prescribed in paragraph (b) hereof, adult employees of a classification hereunder mentioned shall be paid the weekly wage rate assigned opposite that classification. (a) Adults Base Safety Net Weekly Wage Rate Adjustment Rate $ $ $ 1. 1st year's adult experience 299.40 24.00 323.40 2nd year's adult experience 320.30 24.00 344.30 3rd year's adult experience and thereafter 347.50 24.00 371.50

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2. An accountant or chief clerk wholly

responsible for the office work and who prepares the balance sheet and profit and loss account

462.10

24.00

486.10

3. A clerk who is in charge of and

responsible for the work of -

(a) 5 or more employees 410.70 24.00 434.70 (b) 3 or 4 employees 394.90 24.00 418.90 (c) 2 employees 381.90 24.00 405.90 'Employees' in this subsection shall mean any male or female clerk, typist or

stenographer and shall include the clerk-in-charge. (b) Juniors The minimum weekly wage rate that may be paid to juniors shall be the

undermentioned percentages of the 2nd year adult rate, adjusted to the nearest 10 cents.

PROVIDED that when determining the amount payable to an employee attaining

the age of 21 years, who has been employed under this award, as a junior, experience obtained after reaching the age of 18 years shall be counted as adult experience.

Base Safety Net Weekly Wage Rate Adjustment Rate % $ $ $

Under 16 years of age 40 128.10 9.60 137.70 16 to 17 years of age 45 144.10 10.80 154.90 17 to 18 years of age 55 176.20 13.20 189.40 18 to 19 years of age 70 224.20 16.80 241.00 19 to 20 years of age 80 256.20 19.20 275.40 20 to 21 years of age 90 288.30 21.60 309.90

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(c) Trainee Clerk The minimum weekly wage rate payable to a Trainee Clerk shall be determined by

the following method of calculation: By taking the appropriate weekly wage rate for a Junior Clerk as prescribed in

subclause (ii) of this division then multiplying it by 39 and dividing it by 52 (39 being the actual number of weeks spent on-the-job).

PROVIDED that the wage determined by this calculation shall in no case be less

than the minimum rate (as varied from time to time) prescribed by the Australian Traineeship System Guidelines.

PROVIDED ALWAYS that Trainee Clerk weekly wage rate shall be calculated in

multiples of ten cents with any result of five cents or more being taken to the next ten cents.

(d) Additional Payments In addition to the weekly wage rate prescribed herein the following additional

amounts per week shall be paid to stenographers, audio- typists, teletypists, accounting machine, computer, data processing, tabulating machine, card punch and verifier operators.

$

Under 16 years of age 1.10 16 to 17 years of age 1.30 17 to 18 years of age 1.40 18 to 19 years of age 1.60 19 to 20 years of age 2.20 20 to 21 years of age 2.30 21 years of age and over 3.00

(e) Estimating Service In estimating the number of years service of an employee the total clerical

experience in the service of every employer in the trades or groups of trades in respect of awards of the Tasmanian Industrial Commission applicable to private industry employees, shall be taken into account.

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DIVISION J - LEADING HANDS Leading hands not otherwise provided for - In charge of not less than 3 and not more than 10 employees - $15.80 per week extra; In charge of more than 10 and not more than 20 employees - $23.30 per week extra; In charge of more than 20 employees - $30.00 per week extra.

DIVISION K - SUPPORTED WAGE SYSTEM (a) Eligibility Criteria Subject to this division an employer may engage employees at a supported wage

rate (as set out in subclause (c) of this division) who meet the impairment criteria for receipt of a Disability Support Pension and who, because of their disability, are unable to perform the range of duties to the competence level normally required for the class of work for which they are engaged.

PROVIDED that this division 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.

PROVIDED ALWAYS that this division does not apply to employers in respect of

their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the above Act, or if a part only has received recognition, that part.

(b) For The Purposes Of This Division: (i) 'Supported Wage System' means the Commonwealth Government System

to promote employment for people who cannot work at full award wages because of a disability.

(ii) '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.

(iii) 'Disability Support Pension' means the pension available under 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.

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(iv) '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.

(c) Supported Wage Rates Employees to whom this division 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 % of prescribed award rate (paragraph (d))

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 be not less than $45 per

week. (d) Assessment Of Capacity For the purpose of establishing the percentage of the award rate to be paid to a

supported wage 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:

(i) the employer and a union party to the award, in consultation with the

employee or, if desired by any of these; (ii) the employer and an accredited Assessor from a panel agreed by the parties

to the award and the employee. (e) Lodgment Of Assessment Instrument (i) All assessment instruments under the conditions of this division, including the

appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Tasmanian Industrial Commission.

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(ii) 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 of the Tasmanian Industrial Commission to the union by certified mail and shall take effect unless an objection is notified to the Registrar of the Tasmanian Industrial Commission within 10 working days.

(f) Review Of Assessment The assessment of the applicable percentage shall 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.

(g) 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 supported wage provisions of this division shall be entitled to the same terms and conditions of employment as all other workers covered by this award who are paid on a pro rata basis.

(h) Workplace Adjustment An employer wishing to employ a person under the provisions of this division shall

take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

(i) Trial Period (i) 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 division for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

(ii) During that trial period the assessment of capacity shall be undertaken and

the proposed wage rate for a continuing employment relationship shall be determined in accordance with paragraphs (d) and (e).

(iii) The minimum amount payable to the employee during the trial period shall be

no less than $45 per week or such greater amount as is agreed from time to time between the parties.

(iv) Work trials should include induction or training as appropriate to the job being

trialed.

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

2. MINIMUM WAGE

(a) Notwithstanding the provisions of subclause 1 hereof, no adult employee shall be

paid less than the rate of $281.40 per week. PROVIDED that payments for overtime, special rates, holiday and weekend

penalties, shift allowances and disability allowances prescribed in this award shall not be taken into account in the calculation of such minimum weekly rate of wage.

(b) Where a minimum rate of pay as aforesaid is applicable to an employee for work in

ordinary hours the same rate shall be applicable to the calculation of overtime and all other penalty rates, payments during sick leave and annual leave, and for all other purposes of this award.

SECTION I - CONDITIONS FOR CLERKS AND EMPLOYEES EMPLOYED IN RETAIL SHOPS

9. ANNUAL LEAVE (a) (i) Dayworkers: For employees other than casual, intermittent or part-time employees, a

period of 28 consecutive days' leave shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave).

(ii) Shiftworkers: In addition to the leave prescribed in paragraph (i) above, 7 day shiftworkers,

who are rostered to work regularly on Sundays and holidays, shall be allowed 7 consecutive days' leave including non-working days.

Where an employee with 12 months' continuous service is engaged for part of

the 12 monthly period as a 7 day shiftworker, he shall be entitled to have the period of annual leave prescribed in paragraph (i) increased by one half a day for each month he is continuously engaged.

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(b) Annual Leave Exclusive Of Public Holidays (i) Subject to this subclause, the annual leave prescribed by this clause shall be

exclusive of any of the holidays prescribed by Clause 27 - Holidays with Pay, and if any such 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 for each such holiday falling as aforesaid.

(ii) Where a holiday falls as aforesaid and the employee fails without reasonable

cause, proof whereof shall be upon him, to attend for work at his ordinary starting time on the working day immediately following the last day of the period of his annual leave he shall not be entitled to be paid for any such holiday.

(c) Calculation of Continuous Service For the purposes of this clause, service shall be deemed to be continuous

notwithstanding: (i) Any interruption or determination of the employment by the employer if such

interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence.

(ii) Any absence from work on account of personal sickness or accident and in

calculating the period of 12 months' continuous service absence on account of personal sickness or accident to the extent of 91 days in any 12 months shall be deemed to be part of the period of continuous service.

(iii) Any absence with reasonable cause, proof whereof shall be upon the

employee, or leave lawfully granted by the employer, but such absence shall not be taken into account in calculating the period of 12 months' continuous service.

(d) Proportionate Leave on Termination of Service If after 40 hours continuous service excluding overtime in any qualifying 12

monthly period an employee lawfully leaves his employment or his employment is terminated by the employer, through no fault of the employee, the employee shall be paid pro rata for the leave for which he has qualified on the following basis:

One twelfth of a week's wages in respect of each completed 40 hours of continuous

service, the service being in respect of leave which has not been granted.

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(e) Payment in Lieu Prohibited The annual leave provided by this clause shall be allowed and shall be taken except

that as provided in subclause (d) hereof, payment shall not be made or accepted in lieu of annual leave.

(f) Payment for Period of Leave All employees, before going on annual leave, shall be paid the amount of wages

they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. In the case of employees on piecework this payment shall be at time rates. In addition thereto, all employees, other than casual, intermittent or part-time employees, shall be paid an amount equivalent to the minimum wage as prescribed in Clause 8 - Wage Rates, subclause 2. Minimum Wage. This amount shall apply to all leave taken on and from 23 May 1994.

(g) Successor or Assignee Where the employer is a successor or assignee or transmittee of a business if the

employee was in the employment of the employer's predecessor at the time when he became such successor or assignee or transmittee, the employee in respect of the period during which he was in the service of the predecessor shall for the purposes of this clause be deemed to be in the service of the employer.

(h) Time of Taking Leave Annual leave shall be given at a time fixed by the employer within a period not

exceeding 3 months from the date when the right to annual leave accrued. Where practicable and unless otherwise mutually arranged between the employer and the employee, at least 2 weeks' notice shall be given to the employee that his annual leave is to be taken.

(i) Broken Leave Leave allowed under the provisions of this clause shall be given and taken in one

consecutive period, or if the employer and the employee so agree in two separate periods, the lesser of which shall be of not less than 7 consecutive days. No entitlement shall be permitted to accrue beyond 12 months after the date of accrual.

(j) Disputes Any dispute arising out of this clause shall be determined by the Tasmanian

Industrial Commission, whose decision shall be final.

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10. APPRENTICES (a) No person under the age of 20 years shall be permitted to work in any of the

occupations in the trades that are proclaimed as apprenticeship trades under the Industrial and Commercial Training Act 1985, viz:

Shopman; Smallgoodsman; Slaughterman; Bacon Curer; and Sausage Case Maker, unless apprenticed in accordance with the Act. (b) Conditions of indentures relating to apprentices shall be in accordance with the

requirements of the Industrial and Commercial Training Act 1985 and regulations. (c) An apprenticed butcher (shopman) shall receive a minimum of instruction during

the course of his apprenticeship as follows: (i) During the first year - breaking up forequarters of beef, hanging of

same and naming the different cuts of beef, mutton, pork, and veal

(ii) During the second year - breaking of hindquarters of beef and hanging

same and boning (iii) During the third year - cutting down sheep, pork and veal, arranging

meat in chillers, making dripping, rolling, spice beef

(iv) During the fourth year - making pickle, pumping meat, general shop

work, serving and cutting meat, making of beef and pork sausages and smallgoods, work usually done in retail butchering establishments.

(d) An apprentice slaughterman shall receive a minimum of instruction during the

course of his apprenticeship as follows, when the employer has the facilities of such training:

(i) During the first year - gut running, skinning feet, fronting out, cleaning

the tripes or calves heads and feet. (ii) During the second year - pelting and legging sheep and necking off,

dressing pigs and calves (iii) During the third year - grounding, backing off, and sawing down

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(iv) During the fourth year - quartering, making tallow, caring for hides, care

of yards generally

(e) An apprentice smallgoodsman shall receive a minimum of instruction during the course of his apprenticeship as follows:

(i) During the first year - learning qualities, quantities, and grades of

meat, grading and mixing, use of and care of knife

(ii) During the second year - mixing meat and using silent cutters, learning

ingredients, arranging meats in chiller (iii) During the third year - cooking and dyeing meats, linking sausages of

all types, using filling and linking machines (iv) During fourth year - making pickle, pumping meat, and to be

thoroughly trained in all branches of the trade. (f) An apprentice or a probationer for apprenticeship shall not be employed on the

delivery of meat to customers until he has had at least 3 years' experience in the trade.

(g) An apprentice or a probationer for apprenticeship shall not be employed in boning,

trimming, or slicing of meat being prepared for export or local processing. (h) The employer shall be responsible for reimbursement of fees and levies paid by an

apprentice as an integral part of the training of that apprentice provided: (i) the apprentice produces receipts as proof of payment of such fees or levies; (ii) the apprentice produces a report from TAFE which demonstrates a good

attendance record, good conduct and a satisfactory performance result. Such reimbursement shall occur at the successful conclusion of each year of

apprenticeship. 11. CAREER START TRAINEESHIPS (a) Application (i) This clause shall apply to persons who are: (1) undertaking a Career Start Traineeship (as defined); and

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(2) employed by a respondent to this award. (b) Objectives (i) The Career Start Traineeship scheme provides for the possibility of greater

amounts of structured training time, longer periods of traineeship, through an enhanced Australian Traineeship System and provides a bridge to the new Australian Vocational Certificate Training System.

(ii) The object of this clause is to provide for the terms and conditions of

employment, including the rates of pay, applicable to persons engaged under the Career Start Traineeship Scheme.

(iii) The purpose of these arrangements is to provide vocational training

consistent with the needs of industry and general skills appropriate to the workforce, and to enhance the skill levels and future employment prospects of Career Start Trainees. This is to be achieved through various vocational educational and training pathways including a combination of work, education and structured training.

(iv) An objective of this clause is to provide vocational education and training

pathways that maximise credit transfer and articulation with higher level training opportunities.

(v) It is the intention of the parties to encourage development of pilot projects

and the implementation of the Australian Vocational Certificate Training System where the training system will be increasingly:

(1) based on national competency standards endorsed by the National

Training Board; (2) incorporating key competency training for early school leavers; (3) articulated and accredited and resulting in nationally recognised

credentials; and (4) including pay rates based on competency rather than age, negotiated by

the industrial parties. (vi) An objective of the Career Start Traineeship scheme is to provide additional

employment and training opportunities for young people. Accordingly, these opportunities shall be provided to the fullest extent possible. Existing employees shall not be displaced from employment by Career Start Trainees.

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(c) Definitions (i) 'The Career Start Traineeship' is a system of training comprising

structured training with an employer and it will include training in a Technical and Further Education College or other training provider approved by the Tasmanian Training Authority.

(ii) 'A Training Agreement' means an agreement for a Career Start Traineeship

that is registered with the Tasmanian Training Authority or under the provisions of the appropriate Tasmanian Training Legislation.

(iii) 'A Career Start Trainee' is an employee who is bound by a Training

Agreement registered with the Tasmanian Training Authority. (iv) 'An Australian Vocational Certificate trainee' is an employee who is

bound by a Training Agreement and undertaking an Australian Certificate Training System course.

(v) 'Structured training' shall mean formal instruction and closely supervised

practice directly related to that instruction that is undertaken away from the job, as part of a training agreement.

(d) Training Conditions (i) A Career Start Trainee shall attend an approved structured training course or

program prescribed in the relevant training agreement or as notified to the trainee by the Tasmanian Training Authority.

(ii) Career Start Trainees may be engaged by employers registered with the

Tasmanian Training Authority. The employer shall ensure that the Career Start Trainee is permitted to attend the prescribed off-the-job training course and is provided with on-the-job training approved by the Tasmanian Training Authority.

(iii) The employer shall provide a level of supervision in accordance with the

approved Training Plan during the traineeship period. (iv) The employer agrees that the overall training program will be monitored by

officers of the Tasmanian Training Authority and that training records or work books may be utilised as part of this monitoring process.

(e) Employment Conditions (i) A Career Start Trainee shall be engaged as a full-time employee, for a

traineeship of a minimum period of one year, provided that the Career Start Trainee shall be subject to a satisfactory probation period of up to one month. The Career Start Traineeship shall be:

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(1) for Career Start Trainees with a Year 10 or lesser general education

achievement - up to two years duration; (2) for Career Start Trainees who have completed Year 11 studies - up to t8

months duration; or (3) for Career Start Trainees who have completed Year 12 studies - of one

years duration. (iii) A Career Start Trainee with Year 10 or lesser level of general education

achievement shall spend the amount of time in structured training specified in the registered training agreement. This shall be:

(1) during the first year, on average, up to 50 per cent of ordinary working

hours each week; (2) where the traineeship extends beyond the first year, on average, up to

35 per cent of ordinary working hours each week during this period. (iii) A Career Start Trainee who has completed Year 11 studies shall spend the

amount of time in structured training specified in the registered training agreement. This shall be:

(1) during the first year, on average, up to 35 per cent of ordinary working

hours each week; (2) where the traineeship extends beyond the first year, on average, up to

25 per cent of ordinary working hours each week during this period. (iv) A Career Start Trainee who has completed Year 12 shall spend the amount of

time in structured training specified in the registered training agreement. This shall be, on average, up to 25 per cent of ordinary working hours each week.

(v) Notwithstanding the foregoing, an employer or the National Meat Association

of Australia (Tasmanian Division) and The Australasian Meat Industry Employees Union, Tasmanian Branch may, by agreement in writing and with the consent of the Tasmanian Training Authority, vary the duration of the traineeship and the extent of structured training.

(vi) The Career Start Trainee is permitted to be absent from work without loss of

continuity of employment to attend the structured training in accordance with the Training Agreement.

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(vii) Where the employment of a Career Start 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 the award and long service leave entitlements.

(viii) The Training Agreement may restrict the circumstances under which the

Career Start Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed. When overtime and shiftwork are worked the relevant penalties and allowances of the award based on the trainee wage will apply. No Career Start Trainee shall work overtime or shiftwork on their own, or where it is inconsistent with the provisions of the relevant award.

(ix) All other terms and conditions of the relevant awards applicable in the

workforce at which the Career Start Trainee is employed, shall apply unless specifically varied by this award.

(x) The union shall be afforded reasonable access to Career Start Trainees for the

purposes of explaining the role and functions of the union. (f) Wages (i) The weekly wages payable to Career Start Trainees shall be calculated by: (1) determining the hourly rate applicable to the relevant age as prescribed

in the award that would otherwise be applicable to the Career Start Trainee; and

(2) multiply that hourly rate by the number of weekly ordinary hours, less

the average weekly time specified in the registered training agreement to be spent in structured training.

(ii) The weekly wage shall be the rate of pay for all purposes. (iii) (1) The terms of this award operate in conjunction with a Commonwealth

Government scheme, under which, if weekly wages calculated using the method outlined above fall below $125 for those under 18 years old and $150 for those 18 years and over, the Commonwealth will provide a supplementary allowance to bring the total income of Career Start Trainee up to those levels.

(2) In the event that the Commonwealth Government reduces these

minimum income maintenance levels, the terms of the award will be reviewed.

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12. CASUAL EMPLOYEES A casual employee shall mean an employee other than a pieceworker, who is specifically engaged for an agreed period of not more than 5 days at any one time and includes an employee engaged for work on an irregular basis, as and when required and mutually agreed between the employee and his employer, but does not include an employee engaged for regular work on a part-time basis each week. Casual employees for ordinary hours Monday to Friday shall be paid at the rate of time and a half for the respective classifications herein prescribed. Such loading shall be in lieu of annual leave, sick leave and payment for public holidays. 13. CHANGE HOUSE A change house and washing facilities to the satisfaction of the Secretary for Labour which shall be properly cleansed by the employer at least once daily, shall be provided for employees. 14. COMPASSIONATE LEAVE An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother, grandchild, be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in 3 ordinary days, provided that no payment shall be made in respect of an employee's rostered days off. Proof of such death, in the form of a death notice or other written evidence, shall be furnished by the employee to the satisfaction of the employer, provided furthermore that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband. 15. CONSULTATIVE PROCEDURES (a) The parties to the award are committed to co-operating positively to increase the

efficiency, productivity and international competitiveness of the meat industry and to provide better paid jobs, career opportunities and job security for employees in the industry.

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(b) To further the achievement of these objectives there shall be established at an industry level a State Meat Industry Consultative Committee comprising three representatives from the employers and three representatives from the unions party to this award.

(c) The Committee shall be chaired by a AMIEU union representative initially for a

twelve month period and thereafter the chair shall be rotated between the parties. Alternately the Secretary of the Committee shall be provided by the other party.

(d) The Committee shall meet at least twice each year and at such other times as

determined jointly by the chairperson and the secretary. Formal records of decisions of the Committee shall be kept.

16. CONTRACT OF EMPLOYMENT (a) An employee may be engaged as a weekly employee or an intermittent employee

or a casual employee or a pieceworker. Unless he is specifically engaged as an intermittent employee or a casual employee or a pieceworker, he shall be deemed to be, and shall be paid as a weekly employee, and notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, he shall, provided he is ready, available and willing to work, receive, for work done in any week, at least the wage rate prescribed in this award for his particular classification.

(b) The employer shall be entitled to deduct payment for any time the employee

cannot be usefully employed because of any strike, or through any breakdown of machinery or any stoppage of work or by any cause for which the employer cannot reasonably be held responsible.

(c) (i) An employee may be directed by the employer to carry out such duties as are

within the limits of the employees skill, competence and training provided that such duties are not designed to promote de-skilling.

(ii) An employer may direct an employee to carry out such duties and use such

tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

(iii) Any direction issued by an employer pursuant to paragraphs (i) and (ii) shall

be consistent with the employer's responsibilities to provide a safe and healthy working environment.

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17. COOL STORE CONDITIONS (a) An employee required to work in a cool chamber shall be supplied by the employer

with suitable material for the employee to use as moccasins and suitable lined gloves and in addition the employer shall provide water proof capes and caps for employees when engaged in defrosting operations.

(b) Junior employees under the age of 18 years shall not be employed in freezer

chambers. (c) No employee shall be required to work in a freezer chamber longer than 60 minutes

continuously without a break of at least 5 minutes. (d) No employee shall be required to work in a freezer chamber where the temperature

is below -16 degrees C. for a period exceeding 30 minutes continuously without being allowed a break of 5 minutes after each continuous period.

(e) An employee other than a casual worker required to work in a freezer chamber

shall be supplied by the employer with a greatcoat or freezer suit, balaclava, gloves, and suitable boots.

18. DISABILITY ALLOWANCE - DIVISION F (a) In addition to the rates prescribed in Clause 8 - Wage Rates, employees in Division

F thereof shall be paid an allowance of $9.50 per week when engaged upon construction work to compensate for the disabilities of the industry not otherwise provided for in this award.

(b) In addition to the rates prescribed in Clause 8 - Wage Rates, employees in Division

F thereof shall be paid an allowance of $4.80 per week when engaged upon maintenance work to compensate for the disabilities of the industry not otherwise provided for in this award.

19. DRIVER'S LICENCE If an employee employed in any of the trades in respect of which this award is made uses his driver's licence exclusively in the business of driving any class or type of motor vehicle in respect of which such employee is required to hold a licence, his licence fee shall be paid by the employer at the time of the employee taking his annual leave.

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20. DRYERS In all abattoirs and factories, the employer shall provide a dryer or some other satisfactory heating process to enable employees to dry clothes, etc, used in the course of their employment. 21. DUTIES OF SLAUGHTERMEN Slaughtermen employed in the beef, mutton, and pork slaughterhouse shall perform all the following duties to the satisfaction of the Superintendent: (a) Beef - Shooting or knocking down, tipping out of crush, sticking, bleeding, cutting off

heads, removing sweetbreads, hoisting to bleeding rail, lowering, pritching, footing off, grounding, cutting and sawing brisket and aitch, opening up, removing and hanging caul fat, placing rollers and tree, hoisting, skinning tail, backing off, fronting out, wiping, chopping down or machine sawing, necking off, trimming out, washing, wiping up and hanging off.

(b) Mutton (Solo) - Catching, sticking, skinning legs and cheeks and removing trotters, punching

briskets, tying weasands, removing sweetbreads, hanging up, splitting skin, flanking and thumbing up, cleaning tail and rectum gut, punching off skin, scalping off, opening up, removal and hanging of caul fat, placing viscera on gut table, splitting down brisket, taking out pluck, removal of gall bladder, wiping up, branding, hanging off with head and pluck attached, caul fatting sucker lambs in season.

(c) Mutton (Chain) - Catching, sticking, shackling, hanging off, changing to long hook, skinning hind legs

and removing trotters, inserting gambrel, slides and spreader, skinning forelegs and cheeks, removing tongue and sweetbreads, tying weasand, punching briskets, removing spreaders, splitting skin, removing from trotters, branding, flanking and thumbing up, cleaning tail and rectum gut, punching off skin, scalping and removing head, opening up, removing caul fat, gutting, placing viscera on gut chute, splitting brisket, and taking out pluck, caul fatting sucker lambs in season.

(d) Pork - Knocking down or stunning, sticking, bleeding, handling into and in scald tank,

scudding, handling out of scald tank, hanging up, scraping, shaving, and thoroughly cleaning, opening up, removing viscera, placing viscera on gut table, washing, tucking up, and hanging off.

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22. DUTIES OF A SLICER/TRIMMER (ENGAGED UNDER PIECEWORK CONDITIONS) (a) A slicer/trimmer preparing meat for local consumption may be required to remove

the neck stickings, bruises, ingesta stains, pieces of bone cartilage, thick tissue along belly edge of flank (beef only), remove excess fat and place meat on table for packing.

(b) A slicer/trimmer preparing meat for U.S.A. or other importing countries may be

required to remove neck stickings, bruises, blood clots, ingesta stains, pieces of bone cartilage, thick tissue along belly edge of flank (beef only), skin pieces, lymph glands or prepare them for inspection, thick gristle, any foreign matter, trim to 90 percent lean (or specified requirements), skin shins and place meat on table for packing.

(c) Boners, trimmers and slicers on piecework shall work 40 hours per week and the

standard of boning, trimming and slicing shall be carried out to the entire satisfaction of the employer.

(d) Pieceworkers who are kept waiting at any one time in excess of 20 minutes through

any fault attributable to the employer shall be paid at time rates until the pieceworker is advised that no work is available.

The penalty rates prescribed in Clause 37 - Overtime, Clause 43 - Saturday Work,

and Clause 48 - Sunday and Holiday Work shall apply in the same ratio to pieceworkers who are involved in the circumstances referred to in those clauses.

23. ENTERPRISE AGREEMENTS (a) Notwithstanding anything contained in this award but subject to the provisions of

this clause, an agreement may be entered into between an employer and the majority of the employees engaged by that employer.

(b) At each plant or enterprise, an employer, the employees and their relevant union or

unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise.

(c) An agreement shall be subject to the following requirements: (i) The majority of employees affected by the change must genuinely agree to

the change. (ii) The agreement taken as a whole shall not confer a lesser benefit to any

employee than is available under the award.

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(iii) The relevant union or unions shall be advised by the employer of the intention to commence discussions with employees on an agreement under this clause.

(iv) The relevant union or unions shall not unreasonably oppose any agreement. (d) An enterprise agreement shall be signed by the parties, being the employer and the

union and contain the following: (i) The term of the agreement. (ii) The parties covered by the agreement. (iii) The classes of employees covered by the agreement. (iv) The means by which a party may retire from the agreement. (v) The means by which the agreement may be varied. (vi) Where appropriate, the means by which any dispute arising in respect of the

agreement may be resolved. (e) Any agreement which seeks to vary a provision of this award shall be referred to

the Tasmanian Industrial Commission. 24. FIRST AID The employer shall provide and maintain a sufficient first aid box for injured employees. Such first aid box shall be to the satisfaction of the Secretary for Labour. An employee who holds current first aid qualifications from St. John Ambulance or similar body, and who is appointed by the employer to perform first aid duty shall be paid $1.10 per day extra. 25. GRIEVANCE PROCEDURE The following procedure shall be observed in the resolution of grievances and in the settling of disputes. (a) In the event of a grievance or dispute arising, the matter should first be discussed

between the employee(s) concerned and their immediate supervisor. (b) Should the grievance or dispute not be settled by the discussions referred to in

subclause (a) the shop steward shall take the matter up with the Production Manager.

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(c) Should the matter remain unresolved, the shop steward shall notify the State Secretary of the union. A conference on the matter shall then be arranged between the union and the appropriate management representatives including, if desired, a representative of the National Meat Association of Australia (Tasmanian Division) and/or the Tasmanian Confederation of Industries.

(d) If the conference referred to in subclause (c) hereof is unable to satisfactorily

resolve the dispute, the matter shall be referred to the Tasmanian Industrial Commission whose decision shall be final and binding on both parties.

(e) Without prejudice to either party, work shall continue in accordance with the award

while matters in dispute between them are being processed in accordance with the preceding procedure.

26. HANDLING OF CONDEMNED CARCASES The employer shall provide ample quantities of hot water, soap and disinfectants (such as Cyllin, Ixol, etc.) for the use of employees required to handle carcases of animals condemned by the meat inspectors as unfit for human consumption because of disease. 27. HOLIDAYS WITH PAY (a) All employees (other than casuals, intermittent or part-time employees) shall be

allowed the following days as paid holidays: New Year's Day, Australia Day, Hobart Regatta Day (south of Oatlands), Labour

Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined), Recreation Day (where Hobart Regatta Day is not observed), Christmas Day and Boxing Day.

(b) Payment for the holidays mentioned in subclause (a) which are taken and not

worked, shall be at the normal rate of pay which would have applied to the employee concerned, when, if it were not for such holiday, he had been at work or leave of absence for a period not exceeding 3 months granted by the employer.

(c) Payment to an employee for work performed on holidays mentioned in subclause

(a) shall be at the rates prescribed elsewhere in this award. (d) If any of the holidays specified herein fall on a Saturday or Sunday and are not

observed on an ordinary working day another holiday shall be granted in lieu thereof or an additional day or days added to the employee's annual leave.

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28. HOURS (a) Day Work (i) The ordinary hours of work in respect of which wages fixed by this award shall

be paid shall be 40 per week to be worked between the hours of 4.00am and 7.00pm Monday to Wednesday, and 4.00am and 9.00pm Thursday and Friday, 6.00am to 6.00pm Saturday, such hours to be worked in consecutive periods excluding the meal period prescribed in Clause 37 - Overtime, but include the `Smoke-O' prescribed in Clause 47.

(ii) Employees may be required to work up to 10 ordinary hours on any day

without penalty. (iii) Subject to Clause 43 - Saturday Work, the ordinary hours of work are to be

performed on 5 successive days, Monday to Saturday inclusive. (b) Shift Work Shift work may be introduced by agreement between the Australasian Meat

Industry Employees' Union, Tasmanian Branch, and the Meat and Allied Trades Federation of Australia, Tasmanian Division.

For the purpose of this subclause: 'Afternoon shift' shall mean a rostered shift, finishing after 7.00pm Monday to

Wednesday and 9.00pm Thursday and Friday and at or before midnight; and 'Night shift' shall mean a shift other than a rostered day or afternoon shift. (i) Hours of Work: The ordinary hours of a shift employee shall be 40 hours per week to be

worked in 5 shifts of 8 hours each. Such shifts shall be worked on any day Monday to Friday.

(ii) Shift Allowances: (a) Permanent `afternoon shift' employees shall receive an additional 15%

per week. (b) Permanent `night shift' employees shall receive an additional 25% per

week. (c) Rotating shift employees working `afternoon shift' shall receive an

additional 10% per week.

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(d) Rotating shift employees working `night shift' shall receive an additional 22 1/2% per week.

(iii) General: (a) Shift work may not be introduced for less than 5 consecutive working

days. (b) Nothing in this clause shall restrict the right of the employer to request

an employee to work overtime or to work an additional shift due to the non-attendance of an employee in the department.

29. INCIDENTAL EXPENSES Where an employee is involved in meeting the cost of fares, accommodation or other expenses incurred as a result of attending for work to which he is directed by the employer, he shall be reimbursed for all expenses reasonably incurred. When required to use his own vehicle, he shall be paid an allowance of 38 cents per kilometre. Any dispute arising out of the provisions of this clause shall be referred to the Tasmanian Industrial Commission for determination. 30. INTERMITTENT OR PART-TIME EMPLOYEES An intermittent or part-time employee is one engaged and paid as such. An intermittent or part-time employee who is engaged to work a lesser number of hours than 40 per week shall be paid per hour one-fortieth of the relevant prescribed weekly rate plus an additional 20%. 31. JUNIOR WORKERS OTHER THAN APPRENTICES No juvenile shall be allowed or required to lift or carry by hand a greater weight than as specified hereunder:

Males Under 16 years of age - 14 kg 16 but under 18 years of age - 18 kg Females Under 16 years of age - 9 kg 16 but under 18 years of age - 11.50 kg 18 years of age and over - 16 kg.

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32. LEAVE TO ATTEND UNION BUSINESS Leave of absence from work to attend union business shall be allowed by the employer to any employee member of the Australasian Meat Industry Employees' Union named by such union provided fair and reasonable notice is given to the employer. Provided that such leave shall be restricted to one employee at a time in the employment of any one employer and such employee shall not be entitled to payment for the time he is so absent from work. 33. MATERIALS The following articles shall be supplied annually to employees free of cost: (a) Slaughtermen - clean outer clothing shall be supplied daily, 3 suitable knives and

approved scabbard. (b) Shop Butchers shall be issued annually with 3 coats, 3 aprons, 3 caps and 5 bibs,

free of cost, such garments to be returned to the employer if the employee leaves that employment during the current year of issue.

In lieu of the issue of such clothing, the employer shall pay to these employees an

amount of $3.30 per week. (c) All employees, except those classified in Division D and Division I of Clause 8 -

Wage Rates, shall be supplied by the employer with clean outer clothing daily. (d) An employer shall provide each apprentice with such tools as are customarily used

in the trade, such tools to remain the property of the employer. (e) The following items which shall remain the property of the employer shall be

provided to the following employees in all divisions free of cost: (i) Protective clothing, i.e. waterproof aprons, leggings and boots, to employees

working under dirty, greasy or wet conditions; (ii) Waterproof aprons and boots to pork slaughtermen; and (iii) Such tools and/or equipment specified by an employer and/or any other

authority to be used by employees or are necessary for the use of employees in the performance of their duties.

(f) (i) An employer shall provide a suitable shield type apron to boners employed on

piecework. Such apron shall remain the property of the employer and shall be returned upon termination of service. In the event of such apron not being returned the employer shall have the right to deduct the cost of such apron from moneys due to the employee.

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(ii) All employees engaged on duty in boning rooms shall be supplied by the

employer with suitable protective footwear. (g) The clothing provided under this clause shall be in good repair and shall be worn by

the employee and must be kept in clean condition. Employees shall make every endeavour to keep the clothing and equipment supplied in good order and condition.

(h) The provisions of the Public Health Act and its amendments shall apply to the

materials provided in accordance with this clause. 34. MEAL HOURS (a) Employees shall be granted a lunch period of not less than 30 minutes nor more

than 60 minutes on each working day between noon and 2.00pm and each daily period of work shall be unbroken except by the prescribed meal period or `Smoke-O'. Meal periods shall not be counted as part of the daily hours worked.

(b) An employee who is required to work more than 1-1/2 hours overtime on any day

shall be permitted a meal break, such meal break to be taken not later than 5 hours from the previous meal break.

(c) An employee who is required to work overtime for 1-1/2 hours or more without

being notified the previous day shall either be supplied with a meal by the employer or be paid a meal allowance of $9.25.

(d) An employee who is required to start work at or before 3.30 am shall be allowed a

break for breakfast in the employer's time of half an hour. 35. MEAL ROOM A meal room with ample accommodation for the number of employees habitually using same shall be provided for employees. Such meal room and accommodation shall be to the satisfaction of the Secretary for Labour and shall be properly cleansed at least once daily. The employer shall provide a sufficient supply of hot water for use at `Smoke-O' and meal time. 36. MIXED FUNCTIONS Where an employee performs on any day functions of mixed character, he shall be paid for that day the wage rate applicable to the function for which the highest rate is payable.

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37. OVERTIME (a) For all time of duty before the time fixed for commencing work or after the time

fixed for ceasing work or in excess of a maximum of 10 hours on any ordinary working day or otherwise outside of prescribed ordinary hours of duty, payment shall be made at the rate of time and a half for the first 2 hours and double time thereafter, such double time to continue until the employee has been relieved from duty for at least 8 consecutive hours.

(b) (i) Apprentices under the age of 19 years shall not be required to work more

than 4 hours' overtime in any week and apprentices 19 years of age and over shall not be required to work more than 6 hours' overtime in any week.

(ii) Clerks and sales assistants under the age of 18 years shall not be required to

work overtime unless they so desire. (c) An employee (other than a casual employee, or intermittent or part-time employee)

who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least 8 consecutive hours off duty between those times shall be released after completion of such overtime until he has had 8 consecutive hours off duty without loss of pay for ordinary working hours occurring during such absence.

(d) (i) Employees other than maintenance employees called back to work overtime

outside their ordinary hours shall be paid for a minimum of 2 hours at the appropriate overtime rates.

(ii) Maintenance employees recalled to work overtime outside their ordinary hours

shall be paid for a minimum of 4 hours' work at the appropriate overtime rate for each time they are recalled: Provided that except in the case of unforeseen circumstances arising, the employees shall not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.

This paragraph shall not apply in cases where it is customary for an employee

to return to his employer's premises to perform a specific job outside his ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked in the circumstances specified in this paragraph shall not be regarded as overtime for the purpose of subclause (c) of this clause when the actual time worked is less than three hours on such recall or on each of such recalls.

(e) In computing overtime each day's work shall stand alone.

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(f) Time Off in Lieu of Overtime (i) Subject to the provisions of this clause an individual employee may agree to

the working of overtime being compensated by the granting of paid time off in lieu of the payment of award overtime rates.

(ii) (1) Paid time off in lieu of overtime shall not be given or taken unless the

individual employee has agreed to do so in writing. (2) Such agreement shall be signed by the employee and must form part of

the time and wages records of the employer and shall be kept for not less than six years. The method of taking paid time off in lieu of overtime shall be agreed between the employee and employer.

(3) The written agreement shall be open for inspection by the appropriate

authority, including a properly accredited union representative. (iii) Paid time off shall be calculated so as to ensure that it corresponds to not less

than the money that would have been paid if payment in money had been required for the overtime worked.

(iv) Unless an employee agrees in writing accumulation of paid time off in lieu of

overtime worked shall be taken not less than three months from the date of accrual of such paid time off in lieu of overtime.

(v) Paid time off in lieu of an overtime payment shall be regarded as time worked

for the purposes of accumulating employees entitlements under this award. (vi) This clause shall not be used to discriminate against particular employees with

respect to the allocation of overtime to those employees at a particular establishment.

(g) An employee required to hold himself on stand-by for a recall to work shall be

supplied by the employer with a pager or mobile telephone. 38. PARENTAL LEAVE Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

PART A - MATERNITY LEAVE (a) Nature of Leave Maternity leave is unpaid leave.

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(b) Definitions For the purpose of this part: 'Employee' includes a part-time employee but does not include an employee

engaged upon casual or seasonal work. 'Paternity leave' means leave of the type provided for in Part B - Paternity Leave. 'Child' means a child of the employee under the age of one year. 'Spouse' includes a de facto or a former spouse. '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. (c) Eligibility for Maternity Leave (i) An employee who becomes pregnant, upon production to her employer of the

certificate required by subclause (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.

(ii) Subject to subclauses (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.

(iii) The employee must have had at least 12 months continuous service with that

employer immediately preceding the date upon which she proceeds upon such leave.

(d) Certificate At the time specified in subclause (e) hereof the employee must produce to her

employer: (i) a certificate from a registered medical practitioner stating that she is pregnant

and the expected date of confinement;

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(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 engage in any conduct inconsistent with her contract of employment.

(e) Notice Requirements (i) An employee shall, not less that ten weeks prior to the presumed date of

confinement, produce to her employer the certificate referred to in paragraph (d)(i).

(ii) An employee shall give not less than four weeks notice in writing to her

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 her employer the statutory declaration referred to in paragraph (d)(ii).

(iii) An 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 her presumed date of confinement.

(iv) An employee shall not be in breach of this clause as a consequence of failure

to give the stipulated period of notice in accordance with paragraph (ii) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

(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 employee may, or the employer

may require the employee 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 subclauses (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 subclause (c) hereof: (1) 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;

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(2) the period may be further lengthened by agreement between the

employer and the employee. (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 an employee terminates other than by the birth of a living child. (ii) Where the pregnancy of an 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 4 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: (1) 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

(2) 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 medical 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 subclause (c) hereof.

(iii) For the purposes of subclauses (j), (k) and (l) hereof, maternity leave shall

include special maternity leave.

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(iv) An employee returning to work after the completion of a period of leave taken pursuant to this subclause 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 subclause (f) hereof, to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available,

which the employee is qualified for and the duties of which she 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 part,

does not exceed the period to which the employee is entitled under subclause (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 part, notwithstanding 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) An 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 an 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 work by notice in

writing to the employer given not less than four (4) weeks prior to the expiration of her period of maternity leave.

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(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 subclause (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

for which the employee is qualified and the duties of which she 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 an 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 an employer engages a person to replace an employee temporarily

promoted or transferred in order to replace an employee exercising her rights under this part, 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 part shall be construed as requiring an employer to engage a

replacement employee.

PART B - PATERNITY LEAVE (a) Nature of Leave Paternity leave is unpaid leave. (b) Definitions For the purpose of this part: 'Employee' includes a part-time employee but does not include an employee

engaged upon casual or seasonal work. 'Maternity leave' means leave of the type provided for in Part A - Maternity Leave

(and includes special maternity leave).

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

'Spouse' includes a de facto or a former spouse. 'Primary care-giver' means a person who assumes the principal role of providing

care and attention to a child. '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. (c) Eligibility for Paternity Leave A male employee, upon production to his employer of the certificate required by

subclause (d) - Certification 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 and shall not be taken concurrently with that maternity leave.

The employee must have had at least 12 months continuous service with that

employer immediately preceding the date upon which he proceeds upon either period of leave.

(d) Certification At the time specified in subclause (e) the employee must produce to his 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 of which the birth took place;

(ii) in relation to any period to be taken under paragraph (c)(ii) hereof, a

statutory declaration stating:

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(1) he will take that period of paternity leave to become the primary care-giver of the child;

(2) particulars of any period of maternity leave sought or taken by his

spouse; and (3) for the period of paternity leave he will not engage in any conduct

inconsistent with his contract of employment. (e) Notice Requirements (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 subclause (d) hereof.

(ii) The employee shall not be in breach of this subclause as a consequence of

failure to give the notice required in paragraph (i) hereof if such failure is due to:

(1) the birth occurring earlier than the expected date; or (2) the death of the mother or the child; or (3) other compelling circumstances. (iii) The employee shall immediately notify his employer of any change in the

information provided pursuant to subclause (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 subclause (c) hereof: (1) the period of paternity leave provided by paragraph (c)(ii) 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;

(2) the period may be further lengthened by agreement between the

employer and the employee. (ii) The period of paternity leave taken under paragraph (c)(ii) 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.

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(g) Cancellation of Paternity Leave Paternity leave, applied for under paragraph (c)(ii) 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.

(h) Paternity Leave and Other Leave Entitlements (i) Provided the aggregate of any leave, including leave taken under this part,

does not exceed the period to which the employee is entitled under subclause (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 part, 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) An employer shall not terminate the employment of an employee on the

ground of his absence on paternity leave, but otherwise the rights of an 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 paragraph (c)(ii) hereof.

(ii) An employee, upon returning to work after paternity leave or the expiration of

the notice required by paragraph (i) hereof, 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.

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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 an 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 an employer engages a person to replace an employee temporarily

promoted or transferred in order to replace an employee exercising his rights under this part, 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 part shall be construed as requiring an employer to engage a

replacement employee.

PART C - ADOPTION LEAVE (a) Nature of Leave Adoption leave is unpaid leave. (b) Definitions For the purpose of this part: 'Employee' includes a part-time employee but does not include an employee

engaged upon casual or seasonal work. '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 stepchild 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.

'Relative adoption' occurs where a child, as defined, is adopted by a grandparent,

brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

'Primary care-giver' means a person who assumes the principal role of providing

care and attention to a child.

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'Spouse' includes a de facto spouse. '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. (c) Eligibility An employee, upon production to the employer of the documentation required by

subclause (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 the 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 the 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:

(1) any period of leave taken pursuant to paragraph (i) hereof; and (2) 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 that

employer immediately preceding the date upon which he or she proceeds upon such leave in either case.

(d) Certification Before taking adoption leave the employee must produce to the employer: (i) (1) A statement from an adoption agency or other appropriate body of the

presumed date of placement of the child with the employee forbydoption purposes; or

(2) A statement from the appropriate government authority confirming that

the employee is to have custody of the child pending application for an adoption order.

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(ii) In relation to any period to be taken under paragraph (c)(ii) hereof, a

statutory declaration stating: (1) the employee is seeking adoption leave to become the primary care-

giver of the child; (2) particulars of any period of adoption leave sought or taken by the

employee's spouse; and (3) for the period of adoption leave the employee will not engage in any

conduct inconsistent with his or her contract of employment. (e) Notice Requirements (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 an 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 that 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 paragraph (c)(i) hereof.

(iv) An employee shall, ten weeks before the proposed date of commencing any

leave to be taken under paragraph (c)(ii) 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 part as a consequence of failure to

give the stipulated period of notice in accordance with paragraphs (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.

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(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 subclause (c) hereof: (1) the period of leave taken under paragraph (c)(ii) 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;

(2) the period may be further lengthened by agreement between the

employer and employee. (ii) The period of adoption leave taken under paragraph (c)(ii) 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.

(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 part,

does not exceed the period to which the employee is entitled under subclause (c) 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.

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(j) Effect of Adoption Leave on Employment Subject to this part, notwithstanding 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) An 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 an 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 paragraph (c)(ii) 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 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 an 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.

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(iii) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this part, 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 part shall be construed as requiring an employer to engage a

replacement employee.

PART D - PART-TIME WORK (a) Definitions For the purposes of this part: 'Male employee' means an employed male who is caring for a child born of his

spouse or a child placed with the employee for adoption purposes. '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. 'Spouse' includes a de facto spouse. 'Former position' means the position held by a female or male employee

immediately before proceeding on leave or part-time employment under this part 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.

'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. (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.

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(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 periodsn t 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 an

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 paragraph (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 the continuity of service or employment.

(e) Pro Rata Entitlements Subject to the provisions of this part and the matters agreed to in accordance with

subclause (h) hereof, part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.

(f) Transitional Arrangements - Annual Leave (i) An employee working part-time under this part shall be paid for and take any

leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of this award, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this part.

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(ii) (1) A full-time employee shall be paid for and take any annual leave accrued in respect of a period of part-time employment under this part, in such periods and manner as specified in this award, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.

(2) Provided that, by agreement between the employer and the employee,

the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee's current full-time rate.

(g) Transitional Arrangements - Sick Leave An employee working part-time under this part shall have sick leave entitlements

which have accrued under this award (including any entitlements accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence.

(h) Part-time Work Agreement (i) Before commencing a period of part-time employment under this part the

employee and the employer shall agree: (1) that the employee may work part-time; (2) upon the hours to be worked by the employee, the days upon which

they will be worked and commencing times for the work; (3) upon the classification applying to the work to be performed; and (4) 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.

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(i) 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 employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

(j) Extension of Hours of Work An 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 subclause (h).

(k) 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.

(l) Inconsistent Award Provisions An employee may work part-time under this clause notwithstanding any other

provisions 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:

(i) limiting the number of employees who may work part-time; (ii) establishing quotas as to the ratio of part-time to full-time employees; (iii) prescribing a minimum or maximum number of hours a part-time employee

may work; or (iv) requiring consultation with, consent of or monitoring by a union; and such provisions do not apply to part-time work under this clause.

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(m) Replacement Employees (i) A replacement employee is an employee specifically engaged as a result of an

employee working part-time under this part. (ii) A replacement employee may be employed part-time. Subject to this

subclause, subclauses (e), (f), (g), (h), (i) and (l) of this part apply to the part-time employment of replacement employees.

(iii) Before an employer engages a replacement employee under this subclause,

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 as provided for in subclause (a) - Definitions 'Continuous service' of this part.

(v) Nothing in this part shall be construed as requiring an employer to engage a

replacement employee. 39. PAYMENT OF WAGES Payment of wages shall be made by Electronic Funds Transfer, cash or cheque at the employer's discretion not later than Thursday in each week. 40. PREFERENCE OF EMPLOYMENT (a) Preference in engagement of employees shall be given equally to persons in the

following categories who are available and suitable: (i) members of the Tasmanian Branch of the Australasian Meat Industry

Employees' Union; (ii) persons who are prepared to give forthwith a written undertaking to apply to

join the Tasmanian Branch of the Australasian Meat Industry Employees' Union within fourteen days;

(iii) conscientious objectors. If there is more than one person applying for employment within any or all of these

categories, the employer shall have freedom to select any one or more of such persons in his or its discretion.

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(b) Conscientious objectors shall pay a sum equivalent to the subscription to the Tasmanian Branch of the Australasian Meat Industry Employees' Union to a charity to be agreed upon between the person concerned and the union and in default of agreement to Consolidated Revenue. The payment shall be made at the same time and on the same conditions as apply to payment of subscriptions to the union.

(c) This clause shall not apply in respect of engagement of employees in the following

categories: (i) employees sought for confidential or managerial positions; (ii) owners of businesses or their spouses or their children. 41. RELIEVING EMPLOYEES Relieving employees who are required to work less than 1 month shall be compensated for recreational and sick leave by receiving the weekly wage rate for the classification worked, plus an additional 20%. 42. RIGHT OF ENTRY A duly accredited representative of the Australasian Meat Industry Employees' Union shall have the right to enter premises during the meal hour or at any other time convenient to the employer for the purposes of interviewing employees on legitimate union business on the following conditions: (a) that he produces his authority to the manager or such other person as may be

appointed by the employer; (b) that not more than one representative visits the same premises at any one time; (c) that not more than one representative visits the same premises more than twice in

a week; and (d) that if an employer alleges that a representative is unduly interfering with his

business or is offensive in his methods or is committing a breach of any of the previous conditions, such employer may refuse the right of entry but the representative shall have the right to bring such refusal before the Secretary for Labour for his direction.

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43. SATURDAY WORK All time worked on Saturday for all classifications shall be paid as follows: (a) 6.00am and 12noon - time and one quarter. (b) 12noon to 6.00pm - time and one half. 44. SAVING Any employee who at the date of coming into operation of this award was in receipt of a rate of wage in excess of that prescribed in this award shall not have his rate of wage reduced as a result of this award. 45. SHARPENING OF KNIVES The employer shall provide reasonable facilities for the sharpening of knives. Such facilities to be to the satisfaction of the Secretary for Labour. Any employee required to use a knife in any of the trades in respect of which this award is made shall be allowed reasonable time within the working hours for the sharpening of such. 46. SICK LEAVE (a) An employee, other than one engaged as a casual, intermittent or part-time

employee, who is absent from work on account of personal illness or injury (other than a compensable injury) shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:

(i) He shall be entitled to paid sick leave on the basis of 6- 2/3 hours for each

month of continuous service with an employer. (ii) He shall, within 48 hours of commencement of such absence, inform the

employer of his inability to attend for work, and as far as may be practicable, state the nature of the illness or injury and the estimated duration of the absence.

(iii) He shall prove to the satisfaction of the employer (or in the event of a

dispute, the Tasmanian Industrial Commission), that he was unable on account of such illness or injury to attend for work on the day or days for which the sick leave is claimed.

(iv) He shall not be entitled to sick leave credit in excess of 10 days in any 1 year

of employment with an employer.

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(v) Payment for such sick leave credits shall be made at the ordinary time work rate of pay.

(b) An employee, who shall have been employed on or before 1.9.73 shall accumulate

10 days' sick leave entitlement from such date on the basis of 6-2/3 hours for each month of continuous service and thereafter at the applicable date in pursuant years, he shall be paid the cash equivalent, to a maximum of 10 days, of any sick leave entitlement in excess of 10 days.

(c) An employee, who is engaged after 1.9.73 shall accumulate 10 days' sick leave

from the date of his engagement on the basis of 6-2/3 hours for each month of continuous service and thereafter at 1 September in pursuant years shall be paid the cash equivalent, to a maximum of 10 days, of any sick leave entitlement in excess of 10 days on the basis of 6-2/3 hours for each month of continuous service with an employer.

(d) An employee engaged for a continuous period of 1 month who terminates his

service or is dismissed by the employer for reasons other than misconduct or neglect of duty shall be paid for all such sick leave entitlement accrued after 1.9.73 which he has to his credit on the basis of 6-2/3 hours for each 1 month of his employment with the employer.

(e) An employee, who has an amount of accumulated sick leave entitlement as at

1.9.73 shall be paid for such entitlement in the following manner: Where he has been absent by reason of illness or injury (not being covered by

workers' compensation) for more than 5 days in any 1 year, he shall draw such extra days from his leave credits which were accumulated prior to 1.9.73.

(f) Any dispute arising out of the provisions of this clause shall be referred to the

Tasmanian Industrial Commission for determination. 47. 'SMOKE-O' All employees shall be allowed 10 minutes (15 minutes for clerks) in the morning and afternoon for 'Smoke-O' in the employer's time, except when required to work at penalty rates.

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48. SUNDAY AND HOLIDAY WORK (a) For all time worked on Sundays, payment shall be made at the rate of double time

with a minimum payment of 3 hours for each start at the appropriate rate. (b) For all time worked on any of the holidays mentioned in Clause 27 - Holidays with

Pay, payment shall be made at the rate of double time and one half with a minimum payment of 3 hours for each start at the appropriate rate.

49. SUPERANNUATION (a) Definitions (i) 'Employee' means any employee engaged under the terms and conditions of

this award and includes part-time employees and casual employees engaged to work a minimum of 8 hours (with one employer) and receiving a minimum of $50 per week wages.

(ii) 'Tasplan' shall mean that scheme established by Trust Deed and jointly

sponsored by the TCI and TTLC. (iii) 'Scheme' means Tasplan. (iv) 'Member/s' means employees who are members of Tasplan. (v) 'Contribution/s' shall mean the level of contribution expressed in subclause

(b) hereof. (b) Employer Contribution (i) Employers shall pay a contribution (as defined) to the Scheme in respect of

each adult employee (as defined) of $12.00 per week. Junior employees and apprentices shall be paid a percentage of the above figure on the same basis as the percentage used to calculate their wage rates.

(ii) A part-time employee shall be entitled to receive contributions on a pro rata

basis calculated on the same ratio as their actual hours bear to 38. PROVIDED that in the case of part-time employees in retail butcher shops

the calculation will be on the same ratio as their actual hours bear to 40 hours per week.

(iii) Casual employees shall receive contributions calculated at the rate of 37c per

hour or part thereof with a maximum payment of $12.00 per week.

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(iv) The contribution rates set out in this subclause shall be calculated weekly and forwarded to the Scheme Manager on a monthly basis.

(v) This clause does not override the obligation of employers effected by Section

20(3) of the Superannuation Guarantee (Administration) Act 1992 whereby "the contribution amount" specified in Section 25A of that Act is increased accordingly.

(c) Eligibility of Employees An employee (as defined) shall become entitled to have contributions paid on his

behalf after the completion of 4 weeks' continuous service with an employer. Provided that upon completion of 4 weeks' service contributions shall be paid from the employee's commencement date.

(d) Exemptions (i) An employer may make application to the Tasmanian Industrial Commission

to be exempted from the provisions of this clause where they are participating in a superannuation scheme at the date of this clause, the provisions of which entitle employees to benefits equal to or in excess of those available to members of Tasplan, and which complies with criteria required by the Insurance and Superannuation Commission and which is in accordance with the State Wage Case Decision of September 1988.

(ii) The following employers shall be exempt from the provisions of this clause: Hawkridge Meat Company Pty Ltd (Camdale, Devonport, Moonah) R.J. Gilbertson Pty Ltd (Longford, Mowbray, Launceston, Cressy, King Island) (e) Approved Status (i) Should the scheme lose its approved status under the Income Tax

Assessment Act or if the scheme fails to conform fully to the standards laid down by the Office of the Insurance and Superannuation Commissioner, the employer may suspend contributions immediately and until such time as compliance is achieved.

(ii) Upon compliance being re-established the employer shall pay contributions

that would have been payable during the period the scheme failed to comply with the appropriate standards.

(f) Adjustment of Contributions The contribution rates detailed in subclause (b) of this clause shall, subject to

decision of the Tasmanian Industrial Commission, be adjusted from time to time in accordance with movements in wages by way of the State Wage Case.

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PROVIDED however that no such adjustment will be made in the event of any

wage movement arising from the March 1989 State Wage Case. (g) Settlement of Disputes Should a dispute arise over any matter contained in this clause or over

superannuation generally and the matter is not able to be resolved between the parties the matter shall be referred to the Tasmanian Industrial Commission for conciliation and/or arbitration. During the resolution of disputes work shall continue normally.

(h) Deemed Exemptions Notwithstanding anything elsewhere contained in this clause, an employee who

belongs to the religious fellowship known as Brethren and who holds a certificate issued by the Registrar pursuant to Section 32(9) of the Act may nominate an alternative complying fund into which the contributions shall be paid.

50. TALLIES (a) Boning Sheep - 80 per day Cattle - 16 per day Calves - up to 27.25 kg - 80 per day 27.26 kg to 54.5 kg - 53 per day 54.51 kg to 90.75 kg - 27 per day Pigs - 28 per day Pigs - when defatted and derinded - 35 per day (b) Slicing and trimming Mutton - prepared for local market - 160 carcases per day prepared for U.S.A. market - 130 carcases per day Beef - prepared for local market - 24 carcases per day - prepared for U.S.A. or export market - 18 carcases per day Veal - prepared for local market - up to 27.25 kg - 320 carcases per day 27.26 kg to 54.5 kg - 235 carcases per day 54.51 kg to 90.75 kg - 110 carcases per day

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- prepared for U.S.A. or export market - up to 27.25 kg - 160 carcases per day 27.26 kg to 54.5 kg - 100 carcases per day 54.51 kg to 90.75 kg - 55 carcases per day PROVIDED that where an employee who is ready, willing and available for work and for whom meat for processing is not available to enable the abovementioned tallies for pieceworkers to be achieved, such employee shall be paid not less than the amount prescribed for the appropriate classification mentioned in Clause 8 - Wage Rates, Division A, subdivision A2, (a) Weekly Wage Employees. 51. TERMINATION OF SERVICE Excepting as to casual or intermittent or part-time employees, employment shall be terminated by the giving of 1 week's notice by either party or the payment or forfeiture of 1 week's wages as the case may be, but this shall not affect the right of the employer to dismiss an employee for misconduct or neglect of duty in which case wages shall only be paid up to the time of such dismissal, such payment to be made not later than 4 hours after the termination of the employment. In such circumstances the provisions of Clause 39 - Payment of Wages, shall not apply. 52. TOOL ALLOWANCE All employees engaged in classifications that are proclaimed as trades under the Industrial and Commercial Training Act 1985 shall either be supplied with all tools by the employer or be paid a tool allowance of not less than $8.50 per week. Employees (including juniors) other than those mentioned above shall be supplied with all tools and equipment or be paid an allowance of 81 cents per week. PROVIDED that such allowance shall not be subject to adjustment when computing payments for shift penalty rates, for weekend or holiday work, for overtime or for any other purpose. 53. TRAINEES-ATS (a) A Trainee-ATS (as defined) shall be engaged for a period of twelve months as a

full-time employee, provided that a trainee shall be subject to a satisfactory probation period of up to one month.

(b) Where possible traineeship positions should be additional to normal staff numbers

provided that no existing weekly employees shall be displaced by a trainee.

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(c) A Trainee-ATS (as defined) will receive on-the-job training by the employer as specified in the training agreement (as defined) and off-the-job training will be provided by a training authority/ organisation approved by the Training Authority of Tasmania.

(d) The employer agrees that the overall training program will be monitored by officers

of the Training Authority of Tasmania and training record books may be used as part of this monitoring process.

(e) Time spent off-the-job on training shall be allowed without loss of continuity of

employment. (f) Where an employer continues the employment of a Trainee-ATS (as defined) after

completion of the "traineeship period", such "traineeship period" shall be counted as service for the purpose of the award.

(g) Under normal circumstances overtime shall not be worked by trainees. However,

when during a training period on a particular section, overtime is involved in the operation of that section, overtime may be worked by the trainees. Where overtime is worked the normal allowances and penalty rates shall apply.

(h) The appropriate union shall be afforded reasonable access to trainees for the

purposes of explaining the role and functions of the union. (i) Trainees shall not perform higher duties unless in the course of their traineeship. (j) Trainees shall be exempt from action in respect of industrial disputes. However the

employer shall observe the provisions determined by the Training Authority of Tasmania in respect of the use of Trainee-ATS (as defined) in the time of industrial disputes.

54. TRAVELLING TIME When an employee is required to work overtime beyond a time when public transport is available the employer shall be required to provide transport or meet the cost of transport to the employee travelling to his home. Where an employee uses his own means of transport he shall be paid an allowance of 38 cents per kilometre travelled on his return to home by the most direct road route. 55. UNIFORMS - RETAIL SHOPS Employees mentioned in classifications 11, 12 and 13 of Clause 8 - Wage Rates, Division A, subdivision A1, Retail Shops, shall be issued by the employer with two suitable uniforms per annum free of cost, such garments to be returned to the employer if the employee leaves that employment during the current year of issue.

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56. WASHING ACCOMMODATION For employees mentioned in Division B and Division D of Clause 8 - Wage Rates the employer shall provide reasonable shower-baths and washing accommodation with hot and cold water in properly constructed cubicles which shall be to the satisfaction of the Secretary for Labour. Where clerks are required to work a minimum of 8 hours per day they shall be allowed washing time equivalent to 10 minutes at the end of each day. Such washing time to be counted as time worked and paid for accordingly.

SECTION II - CONDITIONS FOR EMPLOYEES EMPLOYED IN 'SUPERMARKETS' (AS DEFINED)

57. ANNUAL LEAVE (a) (i) Dayworkers: For employees other than casual, intermittent or part-time employees, a

period of 28 consecutive days' leave shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave).

(ii) Shiftworkers: In addition to the leave prescribed in paragraph (i) above, 7 day shiftworkers,

who are rostered to work regularly on Sundays and holidays, shall be allowed 7 consecutive days' leave including non-working days.

Where an employee with 12 months' continuous service is engaged for part of

the 12 monthly period as a 7 day shiftworker, he shall be entitled to have the period of annual leave prescribed in paragraph (i) increased by one half a day for each month he is continuously engaged.

(b) Annual Leave Exclusive of Public Holidays (i) Subject to this subclause, the annual leave prescribed by this clause shall be

exclusive of any of the holidays prescribed by Clause 27 - Holidays with Pay, and if any such 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 for each such holiday falling as aforesaid.

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(ii) Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall be upon him, to attend for work at his ordinary starting time on the working day immediately following the last day of the period of his annual leave he shall not be entitled to be paid for any such holiday.

(c) Calculation of Continuous Service For the purposes of this clause, service shall be deemed to be continuous

notwithstanding: (i) Any interruption or determination of the employment by the employer if such

interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence.

(ii) Any absence from work on account of personal sickness or accident and in

calculating the period of 12 months' continuous service absence on account of personal sickness or accident to the extent of 91 days in any 12 months shall be deemed to be part of the period of continuous service.

(iii) Any absence with reasonable cause, proof whereof shall be upon the

employee, or leave lawfully granted by the employer, but such absence shall not be taken into account in calculating the period of 12 months' continuous service.

(d) Proportionate Leave on Termination of Service If after 38 hours continuous service excluding overtime in any qualifying 12

monthly period an employee lawfully leaves his employment or his employment is terminated by the employer, through no fault of the employee, the employee shall be paid pro rata for the leave for which he has qualified on the following basis:

One twelfth of a week's wages in respect of each completed 38 hours of continuous service, the service being in respect of leave which has not been granted.

(e) Payment in Lieu Prohibited The annual leave provided by this clause shall be allowed and shall be taken except

that as provided in subclause (d) hereof, payment shall not be made or accepted in lieu of annual leave.

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(f) Payment for Period of Leave All employees, before going on annual leave, shall be paid the amount of wages

they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. In the case of employees on piecework this payment shall be at time rates. In addition thereto, all employees, other than casual, intermittent or part-time employees, shall be paid an amount equivalent to the minimum wage as prescribed in Clause 8 - Wage Rates, subclause 2. Minimum Wage. This amount shall apply to all leave taken on and from 1 July 1975.

(g) Successor or Assignee Where the employer is a successor or assignee or transmittee of a business if the

employee was in the employment of the employer's predecessor at the time when he became such successor or assignee or transmittee, the employee in respect of the period during which he was in the service of the predecessor shall for the purposes of this clause be deemed to be in the service of the employer.

(h) Time of Taking Leave Annual leave shall be given at a time fixed by the employer within a period not

exceeding 3 months from the date when the right to annual leave accrued. Where practicable and unless otherwise mutually arranged between the employer and the employee, at least 2 weeks' notice shall be given to the employee that his annual leave is to be taken.

(i) Broken Leave Leave allowed under the provisions of this clause shall be given and taken in one

consecutive period, or if the employer and the employee so agree in two separate periods, the lesser of which shall be of not less than 7 consecutive days. No entitlement shall be permitted to accrue beyond 12 months after the date of accrual.

(j) Disputes Any dispute arising out of this clause shall be determined by the Tasmanian

Industrial Commission, whose decision shall be final.

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58. CASUAL EMPLOYEES A casual employee shall mean an employee other than a pieceworker, who is specifically engaged for an agreed period of not more than 5 days at any one time and includes an employee engaged for work on an irregular basis, as and when required and mutually agreed between the employee and his employer, but does not include an employee engaged for regular work on a part-time basis each week. Casual employees for ordinary hours Monday to Friday shall be paid per hour one thirty eighth of the appropriate weekly rate plus 20%. Such loading shall be in lieu of annual leave, sick leave and payment for public holidays. 59. GENERAL CONDITIONS The provisions of the following clauses in Section I shall also apply to employees in this section: Clauses: 10 - Apprentices 11 - Career Start Traineeship 13 - Change House 14 - Compassionate Leave 15 - Consultative Procedures 16 - Contract of Employment 17 - Cool Store Conditions 19 - Driver's Licence 20 - Dryers 22 - Duties of a Slicer/Trimmer (Engaged under piecework conditions) 23 - Enterprise Agreements 24 - First Aid 25 - Grievance Procedure 26 - Handling of Condemned Carcases 27 - Holidays with Pay 29 - Incidental Expenses 31 - Junior Workers other than Apprentices 32 - Leave to Attend Union Business 35 - Meal Room 36 - Mixed Functions 38 - Parental Leave 39 - Payment of Wages 40 - Preference of Employment 41 - Relieving Employees 42 - Right of Entry 45 - Sharpening of Knives 47 - Smoke-O 49 - Superannuation 50 - Tallies 51 - Termination of Service

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52 - Tool Allowance 53 - Trainee-ATS 54 - Travelling Time 55 - Uniforms - Retail Shops 60. HOURS (a) Day Work (i) Subject to Clause 65 - Saturday Work, the maximum number of hours in

respect of which wages prescribed in Clause 8 - Wage Rates shall be paid shall be an average of 38 per week worked on a maximum of any 5 consecutive days between 4.00am and 7.00pm Monday to Wednesday, 4.00am and 9.00pm Thursday and Friday and 6.00am and 6.00pm Saturday, arranged in accordance with one or more of the methods set out below.

(ii) The method of implementation of the 38-hour week shall be in accordance

with one or more of the following: (1) by employees working less than 8 ordinary hours on each day; or (2) by employees working less than 8 ordinary hours on one or more days

each week; or (3) by fixing one week day on which all employees will be rostered off

during a particular work cycle; or (4) by rostering employees off on various days of the week during each

particular work cycle so that each employee has one week day off during each such cycle; or

(5) by banking the days accrued to be taken as days off in accordance with

(3) and (4) above to be taken at a time designated by management; or (6) by any other method agreed between the employer and employees

provided that the ordinary hours of work do not exceed an average of 38 over an agreed and specified work cycle.

(7) Rostered Day Off Falling on Public Holiday (A) An employee who by virtue of the arrangement of his or her

ordinary hours of work in accordance with this clause is entitled to a rostered day off shall not have such day off rostered on a public holiday.

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(B) PROVIDED that in the event that a public holiday is prescribed after notice is given to any such employee of the taking of the rostered day off and such public holiday falls on the day the employee is to take off, the employer shall allow the employee to take such day off on an alternative day upon which such employee is normally rostered to work ordinary hours.

(8) Where an employee is sick or injured on the day he or she is rostered

off in accordance with this clause he or she shall not be entitled to sick pay nor will his or her sick pay entitlement be reduced as a result of such sickness or injury that day.

(iii) At each establishment an assessment should be made as to which method of

implementation best suits that establishment and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

(iv) Employees may be required to work in excess of 8 ordinary hours per day but

not more than 10 ordinary hours per day. (v) Circumstances may arise where different methods of implementation of the

38-hour week apply to various groups, individuals or sections of employees in the plant or establishment concerned.

(vi) Where the method of implementation adopted is in accordance with

subclauses (a)(ii), (3), (4) or (5) of this clause the wages paid each week for ordinary hours shall be paid so that in each week when 40 hours (or more) are worked, the time in excess of 38 hours shall be kept in hand and paid to the employee in the pay week(s) that the rostered day(s) off occur; to enable an averaging of payments for ordinary time to occur over the particular work cycle.

(vii) Where the method of implementation entitles an employee to a rostered day

off and such rostered day off falls during annual leave, long service leave or during a period of workers' compensation then that rostered day off is lost by the employee.

(b) Shift Work Shift work may be introduced by agreement between The Australasian Meat

Industry Employees' Union, Tasmanian Branch, and the National Meat Association of Australia (Tasmanian Division).

For the purpose of this subclause: 'Afternoon shift' shall mean a rostered shift, finishing after 7.00pm (Monday to

Wednesday) and 9.00pm (Thursday and Friday) and at or before midnight; and

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'Night shift' shall mean a shift other than a rostered day or afternoon shift. (i) Hours of Work: The ordinary hours of a shift employee shall be 38 hours per week to be

worked in accordance with one of the methods prescribed in subclause (a)(ii) of this clause.

(ii) Shift Allowances: (a) Permanent 'afternoon shift' employees shall receive an additional 15%

per week. (b) Permanent 'night shift' employees shall receive an additional 25% per

week. (c) Rotating shift employees working 'afternoon shift' shall receive an

additional 10% per week. (d) Rotating shift employees working 'night shift' shall receive an additional

22-1/2% per week. (iii) General: (a) Shift work may not be introduced for less than 5 consecutive working

days. (b) Nothing in this clause shall restrict the right of the employer to request

an employee to work overtime or to work an additional shift due to the non-attendance of an employee in the department.

(c) Disputes Relating to Implementation of 38-Hour Week Any dispute arising over the appropriate method of implementation of the 38-

hour week shall be dealt with in accordance with the following procedure:

(i) The issue shall be first discussed between the employer and employees

concerned. (ii) If the issue cannot be resolved by the discussions mentioned in (i) above the

matter shall be referred to the union and a representative of the National Meat Association of Australia (Tasmanian Division), and/or the Tasmanian Confederation of Industries.

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(iii) Should the matter remain unresolved it shall be referred to the Tasmanian Industrial Commission for conciliation and/or arbitration.

(iv) The decision of the Commission shall be final and binding on all parties. (v) Whilst the above procedure is being progressed work shall continue normally. 61. INTERMITTENT OR PART-TIME EMPLOYEES An intermittent or part-time employee is one engaged and paid as such. An intermittent or part-time employee who is engaged to work a lesser number of hours than 38 per week shall be paid per hour one fortieth (one thirty eighth from 24 September 1988) of the relevant prescribed weekly rate plus an additional 20%. 62. MATERIALS (a) Shop butchers shall be issued annually with 3 coats, 3 aprons, 3 caps and 5 bibs

free of cost, such garments to be returned to the employer if the employee leaves the employment during the year of issue.

An employer who does not supply such articles of clothing shall pay to each such

employee an amount of $3.30 per week. (b) The laundering of the clothing supplied in accordance with subclause (a) hereof

shall be the responsibility of individual employees. (c) Employees shall attend for work in an acceptable condition. Any employee failing to

meet the dress standards required by the employer may be sent home without pay until he presents in an acceptable condition.

(d) An employer shall provide each apprentice with such tools as are customarily used

in the trade, such tools to remain the property of the employer. (e) The following items which shall remain the property of the employer shall be

provided to the following employees in all divisions free of cost: (i) Protective clothing, i.e. waterproof aprons, leggings and boots, to employees

working under dirty, greasy or wet conditions; and (ii) Such tools and/or equipment specified by an employer and/or any other

authority to be used by employees or are necessary for the use of employees in the performance of their duties.

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(f) (i) An employer shall provide a suitable shield type apron to boners employed on piecework. Such apron shall remain the property of the employer and shall be returned upon termination of service. In the event of such apron not being returned the employer shall have the right to deduct the cost of such apron from moneys due to the employee.

(ii) All employees engaged on duty in boning rooms shall be supplied by the

employer with suitable protective footwear. (g) The clothing provided under this clause shall be in good repair and shall be worn by

the employee and must be kept in clean condition. Employees shall make every endeavour to keep the clothing and equipment supplied in good order and condition.

(h) The provisions of the Public Health Act and its amendments shall apply to the

materials provided in accordance with this clause. 63. MEAL HOURS (a) Employees shall be granted a lunch period of not less than 30 minutes nor more

than 60 minutes on each working day between noon and 2.00pm and each daily period of work shall be unbroken except by the prescribed meal period or 'Smoke-O'. Meal periods shall not be counted as part of the daily hours worked.

(b) An employee who is required to work more than 1-1/2 hours overtime on any day

shall be permitted a meal break, such meal break to be taken not later than 5 hours from the previous meal break.

(c) An employee who is required to work overtime for 1-1/2 hours or more without

being notified the previous day shall either be supplied with a meal by the employer or be paid a meal allowance of $4.90.

(d) An employee who is required to start work at or before 4.00am shall be allowed a

break for breakfast in the employer's time of half an hour. 64. OVERTIME (a) For all time of duty before the time fixed for commencing work or after the time

fixed for ceasing work or time worked in excess of 8 hours on any ordinary working day (except as provided in subclause (a)(iv) of Clause 60 - Hours) or work outside the spread of hours prescribed in subclause (a)(i) of Clause 60 - Hours, or beyond 5 consecutive days in any week, payment shall be made at the rate of time and a half for the first 2 hours and double time thereafter, such double time to continue until the employee has been relieved from duty for at least 8 consecutive hours.

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(b) Apprentices under the age of 19 years shall not be required to work more than 4 hours' overtime in any week and apprentices 19 years of age and over shall not be required to work more than 6 hours' overtime in any week.

(c) An employee (other than a casual employee, or intermittent or part-time employee)

who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least 8 consecutive hours off duty between those times shall be released after completion of such overtime until he has had 8 consecutive hours off duty without loss of pay for ordinary working hours occurring during such absence.

(d) (i) Employees other than maintenance employees called back to work overtime

outside their ordinary hours shall be paid for a minimum of 2 hours at the appropriate overtime rates.

(ii) Maintenance employees recalled to work overtime after leaving their

employer's works shall be paid for a minimum of 4 hours' work at the appropriate overtime rate for each time they are so recalled: Provided that except in the case of unforeseen circumstances arising, the employees shall not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.

This paragraph shall not apply in cases where it is customary for an employee

to return to his employer's premises to perform a specific job outside his ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked in the circumstances specified in this paragraph shall not be regarded as overtime for the purpose of subclause (c) of this clause when the actual time worked is less than three hours on such recall or on each of such recalls.

(e) In computing overtime each day's work shall stand alone. (f) To compute the hourly rates for overtime payments prescribed in subclauses (a)

and (d) hereof, the appropriate weekly wage shall be divided by 38. (g) Time Off in Lieu of Overtime (i) Subject to the provisions of this clause an individual employee may agree to

the working of overtime being compensated by the granting of paid time off in lieu of the payment of award overtime rates.

(ii) (1) Paid time off in lieu of overtime shall not be given or taken unless the

individual employee has agreed to do so in writing.

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(2) Such agreement shall be signed by the employee and must form part of the time and wages records of the employer and shall be kept for not less than six years. The method of taking paid time off in lieu of overtime shall be agreed between the employee and employer.

(3) The written agreement shall be open for inspection by the appropriate

authority, including a properly accredited union representative. (iii) Paid time off shall be calculated so as to ensure that it corresponds to not less

than the money that would have been paid if payment in money had been required for the overtime worked.

(iv) Unless an employee agrees in writing accumulation of paid time off in lieu of

overtime worked shall be taken not less than three months from the date of accrual of such paid time off in lieu of overtime.

(v) Paid time off in lieu of an overtime payment shall be regarded as time worked

for the purposes of accumulating employees entitlements under this award. (vi) This clause shall not be used to discriminate against particular employee with

respect to the allocation of overtime to those employees at a particular establishment.

(h) An employee required to hold himself on stand-by for a recall to work shall be

supplied by the employer with a pager or mobile telephone. 65. SATURDAY WORK Time worked on Saturday for all classifications shall be paid as follows: (a) 6.00am and 12noon - time and one quarter. (b) 12noon to 6.00pm - time and one half. 66. SAVING Any employee, except a casual employee, who at the date of coming into operation of this award was in receipt of a rate of wage in excess of that prescribed in this award shall not have his rate of wage reduced as a result of this award.

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67. SICK LEAVE (a) An employee, other than one engaged as a casual, intermittent or part-time

employee, who is absent from work on account of personal illness or injury (other than a compensable injury) shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:

(i) He shall be entitled to paid sick leave on the basis of 6.33 hours for each

month of continuous service with an employer. (ii) He shall, within 48 hours of commencement of such absence, inform the

employer of his inability to attend for work, and as far as may be practicable, state the nature of the illness or injury and the estimated duration of the absence.

(iii) He shall prove to the satisfaction of the employer (or in the event of a

dispute, the Tasmanian Industrial Commission), that he was unable on account of such illness or injury to attend for work on the day or days for which the sick leave is claimed.

(iv) He shall not be entitled to sick leave credit in excess of 76 hours in any 1 year

of employment with an employer. (v) Payment for such sick leave credits shall be made at the ordinary time work

rate of pay. (b) An employee, who shall have been employed on or before 1.9.73 shall accumulate

76 hours sick leave entitlement from such date on the basis of 6.33 hours for each month of continuous service and thereafter at the applicable date in pursuant years, he shall be paid the cash equivalent, to a maximum of 76 hours, of any sick leave entitlement in excess of 76 hours.

(c) An employee, who is engaged after 1.9.73 shall accumulate 76 hours sick leave

from the date of his engagement on the basis of 6.33 hours for each month of continuous service and thereafter at 1 September in pursuant years shall be paid the cash equivalent, to a maximum of 76 hours, of any sick leave entitlement in excess of 76 hours on the basis of 6.33 hours for each month of continuous service with an employer.

(d) An employee engaged for a continuous period of 1 month who terminates his

service or is dismissed by the employer for reasons other than misconduct or neglect of duty shall be paid for all such sick leave entitlement accrued after 1.9.73 which he has to his credit on the basis of 6.33 hours for each 1 month of his employment with the employer.

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(e) An employee, who has an amount of accumulated sick leave entitlement as at 1.9.73 shall be paid for such entitlement in the following manner:

Where he has been absent by reason of illness or injury (not being covered by

workers' compensation) for more than 5 days in any 1 year, he shall draw such extra days from his leave credits which were accumulated prior to 1.9.73.

(f) Any dispute arising out of the provisions of this clause shall be referred to the

Tasmanian Industrial Commission for determination. 68. SUNDAY AND HOLIDAY WORK (a) For all time worked on Sundays, payment shall be made at the rate of double time

with a minimum payment of 3 hours for each start at the appropriate rate. (b) For all time worked on any of the holidays mentioned in Clause 27 - Holidays with

Pay, payment shall be made at the rate of double time and one half with a minimum payment of 3 hours for each start at the appropriate rate.

(c) To compute the hourly rates for penalty payments prescribed in subclauses (a) and

(b) hereof, the appropriate weekly wage shall be divided by 38.

SECTION III - CONDITIONS FOR EMPLOYEES (OTHER THAN CLERKS) EMPLOYED IN SMALLGOODS ESTABLISHMENTS

69. CASUAL EMPLOYEES A casual employee shall mean an employee other than a pieceworker, who is specifically engaged for an agreed period of not more than 5 days at any one time and includes an employee engaged for work on an irregular basis, as and when required and mutually agreed between the employee and his employer, but does not include an employee engaged for regular work on a part time basis each week. Casual employees for ordinary hours Monday to Friday shall be paid per hour one thirty eighth of the appropriate weekly rate plus 20%. Such loading shall be in lieu of annual leave, sick leave and payment for public holidays. 70. GENERAL CONDITIONS The provisions of the following clauses in Sections I and II shall also apply to employees in this section:

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Clauses: 10 Apprentices 11 Career Start Traineeship 13 Change House 14 Compassionate Leave 15 Consultative Procedures 16 Contract of Employment 17 Cool Store Conditions 19 Driver's Licence 20 Dryers 22 Duties of a Slicer/Trimmer (Engaged under piecework conditions) 23 Enterprise Agreements 24 First Aid 26 Handling of Condemned Carcases 27 Public Holidays 29 Incidental Expenses 32 Leave to Attend Union Business 35 Meal Room 36 Mixed Functions 38 Parental Leave 39 Payment of Wages 40 Preference of Employment 41 Relieving Employees 42 Right of Entry 45 Sharpening of Knives 47 Smoke O 49 Superannuation 50 Tallies 51 Termination of Service 52 Tool Allowance 53 Trainees ATS 54 Travelling Time 57 Annual Leave 60 Hours 63 Meal Hours 66 Saving 67 Sick Leave 71. GRIEVANCE PROCEDURE The following procedure shall be observed in the resolution of grievances and in the settling of disputes: (a) In the event of a grievance or dispute arising, the matter should first be discussed

between the employee(s) concerned and their immediate supervisor.

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(b) Should the grievance or dispute not be settled by the discussions referred to in subclause (a) the shop steward shall take the matter up with the Production Manager.

(c) Should the matter remain unresolved, the shop steward shall notify the State

Secretary of the union. A conference on the matter shall then be arranged between the union and the appropriate management representatives including, if desired, a representative of the National Meat Association of Australia (Tasmanian Division) and/or the Tasmanian Confederation of Industries.

(d) If the conference referred to in subclause (c) hereof is unable to satisfactorily

resolve the dispute, the matter shall be referred to the Tasmanian Industrial Commission whose decision shall be final and binding on both parties.

(e) Without prejudice to either party, work shall continue in accordance with the award

while matters in dispute between them are being processed in accordance with the preceding procedure.

72. INTERMITTENT OR PART-TIME EMPLOYEES An intermittent or part-time employee is one engaged and paid as such. An intermittent or part-time employee who is engaged to work a lesser number of hours than 38 per week shall be paid per hour one thirty eighth of the relevant prescribed weekly rate plus an additional 20%. 73. JUNIOR WORKERS OTHER THAN APPRENTICES (a) The number of junior workers shall not exceed the ratio of 1 to 3 or fraction of 3

adult employees. (b) Junior workers under the age of 18 years shall not be permitted to operate a mobile

power driven saw. (c) No juvenile shall be allowed or required to lift or carry by hand a greater weight

than as specified hereunder: Males Under 16 years of age - 14 kg 16 but under 18 years of age - 18 kg Females Under 16 years of age - 9 kg 16 but under 18 years of age - 11.50 kg 18 years of age and over - 16 kg.

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74. MATERIALS (a) An employer shall supply to employees such clothing as may reasonably be

required for the performance of their duties. (b) The laundering of the clothing supplied in accordance with subclause (a) hereof

shall be the responsibility of individual employees. (c) Employees shall attend for work in an acceptable condition. Any employee failing to

meet the dress standards required by the employer may be sent home without pay until he presents in an acceptable condition.

(d) An employer shall provide each apprentice with such tools as are customarily used

in the trade, such tools to remain the property of the employer. (e) The following items which shall remain the property of the employer shall be

provided to the following employees in all divisions free of cost: (i) Protective clothing, i.e. waterproof aprons, leggings and boots, to employees

working under dirty, greasy or wet conditions; and (ii) Such tools and/or equipment specified by an employer and/or any other

authority to be used by employees or are necessary for the use of employees in the performance of their duties.

(f) (i) An employer shall provide to persons mentioned in Clause 8 - Wage Rates,

Division A, subdivision A2, classifications 9(a) and (b), and to boners employed on piecework, a suitable shield type apron. Such apron shall remain the property of the employer and shall be returned upon termination of service. In the event of such apron not being returned the employer shall have the right to deduct the cost of such apron from moneys due to the employee.

(ii) All employees engaged on duty in boning rooms shall be supplied by the

employer with suitable protective footwear. (g) The clothing provided under this clause shall be in good repair and shall be worn by

the employee and must be kept in clean condition. Employees shall make every endeavour to keep the clothing and equipment supplied in good order and condition.

(h) The provisions of the Public Health Act and its amendments shall apply to the

materials provided in accordance with this clause.

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75. OVERTIME (a) For all time of duty before the time fixed for commencing work or after the time

fixed for ceasing work or time worked in excess of 8 hours on any ordinary working day (except as provided in subclause (a)(iv) of Clause 60 - Hours, or work outside the spread of hours prescribed in subclause (a)(i) of Clause 60 - Hours, payment shall be made at the rate of time and a half for the first 2 hours and double time thereafter, such double time to continue until the employee has been relieved from duty for at least 8 consecutive hours.

(b) Apprentices under the age of 19 years shall not be required to work more than 4

hours' overtime in any week and apprentices 19 years of age and over shall not be required to work more than 6 hours' overtime in any week.

(c) An employee (other than a casual employee, or intermittent or part-time employee)

who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least 8 consecutive hours off duty between those times shall be released after completion of such overtime until he has had 8 consecutive hours off duty without loss of pay for ordinary working hours occurring during such absence.

(d) (i) Employees other than maintenance employees called back to work overtime

outside their ordinary hours shall be paid for a minimum of 2 hours at the appropriate overtime rates.

(ii) Maintenance employees recalled to work overtime after leaving their

employer's works shall be paid for a minimum of 4 hours' work at the appropriate overtime rate for each time they are so recalled: Provided that except in the case of unforeseen circumstances arising, the employees shall not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.

This paragraph shall not apply in cases where it is customary for an employee

to return to his employer's premises to perform a specific job outside his ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked in the circumstances specified in this paragraph shall not be regarded as overtime for the purpose of subclause (c) of this clause when the actual time worked is less than three hours on such recall or on each of such recalls.

(e) In computing overtime each day's work shall stand alone. (f) To compute the hourly rates for overtime payments prescribed in subclauses (a)

and (d) hereof, the appropriate weekly wage shall be divided by 38.

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(g) An employee required to hold himself on stand-by for a recall to work shall be supplied by the employer with a pager or mobile telephone.

76. SATURDAY WORK (a) For employees other than maintenance employees, all time worked on a Saturday

shall be paid for at the rate of time and a half for the first 2 hours and double time thereafter, with a minimum payment as for 3 hours' work.

(b) For maintenance employees, all time worked on a Saturday shall be paid for at the

rate of time and a half for the first 2 hours and double time thereafter, with a minimum payment as for 2 hours' work.

(c) To compute the hourly rates for penalty payments prescribed in subclauses (a) and

(b) hereof, the appropriate weekly wage shall be divided by 38. 77. STARTING AND FINISHING TIMES (a) The times of starting and finishing work for the classifications prescribed in Division

E, Clause 8 - Wage Rates shall be posted in a conspicuous place by the employer and the hours so specified shall be the ordinary hours of employment each day and, unless by mutual consent, shall not be changed unless 1 week's notice has been given to the employee or employees concerned that a changed starting or finishing time is to be introduced.

PROVIDED that an employer shall not be required to give one weeks notice where

such change in start/finish times is required to meet urgent circumstances beyond the control of the employer.

(b) In cases where an employee prescribed in Division E, Clause 8 - Wage Rates is

required by the employer to take the vehicle to his home at the end of the day's work, his finishing time shall be deemed to be the time of arrival at his home and his starting time on the following morning shall be the time at which he signs on at his employer's depot, yard or garage, unless he has to proceed direct from his home with or to a job without first going to the employer's depot, yard or garage, in which case his starting time shall be the time of leaving his home.

78. SUNDAY AND HOLIDAY WORK (a) For all time worked on Sundays, payment shall be made at the rate of double time

with a minimum payment of 3 hours for each start at the appropriate rate.

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(b) For all time worked on any of the holidays mentioned in Clause 27 - Holidays with Pay, payment shall be made at the rate of double time and one half with a minimum payment of 3 hours for each start at the appropriate rate.

(c) To compute the hourly rates for penalty payments prescribed in subclauses (a) and

(b) hereof, the appropriate weekly wage shall be divided by 38. 79. WASHING ACCOMMODATION The employer shall provide reasonable shower-baths and washing accommodation with hot and cold water in properly constructed cubicles which shall be to the satisfaction of the Secretary for Labour. R J Watling COMMISSIONER 22 August 1996