AN170032 Farming and Fruit Growing Award (tas)



Download 355.61 Kb.
Page1/4
Date conversion16.05.2016
Size355.61 Kb.
  1   2   3   4
AN170032 – Farming and Fruit Growing Award (TAS)
This AIR consolidated award reproduces the former State award Farming and Fruit Growing Award as at 27 March 2006.
About this Award:

Formerly P003 of the Tasmanian Industrial Commission.


Printed by authority of the Commonwealth Government Printer.
Disclaimer:

Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.


an170032 [notional AIR Consolidation]
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984

s23 application for award or variation of award
Tasmanian Trades and Labor Council

(T12144 of 2005)

Private Sector Awards
Tasmanian Trades and Labor Council

(T12156 of 2005)

Private Sector Awards
Tasmanian Trades and Labor Council

(T12157 of 2005)

Private and Public Sector Awards
The Australian Workers’ Union, Tasmania Branch

(T12163 of 2005)

Private Sector Awards
FULL BENCH:

PRESIDENT P L LEARY

DEPUTY PRESIDENT P C SHELLEY

COMMISSIONER T J ABEY


Wage Rates – State Wage Case July 2005 – applications to vary private sector awards in a manner consistent with the Australian Industrial Relations Commission in Print PR002005 – Safety Net Review – Award rates to be increased by $17 per week – Wage related allowances increased by 3% - Meal allowances increased to $13.10 – Supported Wage increased to $62 per week – Operative date ffpp 1 August 2005 – State Minimum Wage determined at $484.40 – s.35(1)(b)
farming and fruit growing AWARD
ORDER BY CONSENT -
No. 1 of 2005

(Consolidated)
Includes Order 1 of 2006 – T12444 – family provisions – bereavement leave, parental leave, personal leave – od 15/3/06
CLAUSES 4, 5, 8 and 9 ARE VARIED, AND THE AWARD IS CONSOLIDATED:
1. TITLE
This award shall be known as the "Farming and Fruit Growing Award".
2. SCOPE
This award is established in respect of the industry of farming and/or fruit growing and without limiting the generality of the foregoing, shall include:
(a) the preparation, sowing, raising, harvesting, preparation for packing, and packing of crops including grains, vegetables, peat moss, fungi, hops, nuts, or other specialised crops grown for the production of essential oils or pharmaceuticals;
(b) livestock farming including the management, breeding, rearing and/or grazing of horses, cattle, sheep, pigs, goats, poultry, deer and/or other livestock and dairy farming;
(c) fruit growing including the management, cultivation, picking, grading, processing for packing, packing and/or forwarding of fresh fruits including grapes;
(d) seed farming and/or silviculture where such work is performed in conjunction with the activities specified in subclauses (a), (b) and (c) of this clause;
(e) apiarist;
(f) floriculturist (as defined);
(g) viticulture.
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

Allowances

9

Amenities

10

Annual Leave

11

Compassionate Leave

deleted

Bereavement Leave

12

Consultative Procedure

13

Contract of Employment

14

Enterprise Flexibility

15

First Aid

16

Holidays with Pay

17

Holiday, Saturday, Sunday and Overtime Payments

18

Hours and Days of Work

19

Loss of Clothing Due to Fire

20

Mixed Functions

21

Parental Leave

22

Payment of Wages

23

Personal Leave

23A

Preference of Employment

24

Protective Clothing

25

Resolution of Disputes

26

Right of Entry

27

Sick Leave

deleted

Superannuation

29

Time and Wages Book

30

Tools and Equipment

31


4. DATE OF OPERATION
This award shall come into operation from the first full pay period to commence on or after 1 August 2005.
5. SUPERSESSION AND SAVINGS
This award incorporates and supersedes Farming and Fruit Growing Award No. 1 of 2004 (Consolidated) and No 2 of 2004.
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 engaged in the industry specified in Clause 2 - Scope;
(c) the following organisations of employees in respect of whom award interest has been determined:
(i) The Australian Workers' Union, Tasmania Branch and the officers of that organisation and their members employed in the industry specified in Clause 2 - Scope;
(ii) the Transport Workers' Union of Australia (Victorian/Tasmanian Branch);
(iii) the Woolclassers' Association of Australia and the officers of that organisation and their members 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 Hop Producers' Association of Tasmania and the officers of that organisation and their members engaged in the industry specified in Clause 2 - Scope;
(ii) the Tasmanian Farmers and Graziers Employers Association and the officers of that organisation and their members engaged in the industry specified in Clause 2 - Scope; and
(iii) the Tasmanian Chamber of Commerce and Industry Limited.
7. DEFINITIONS
'Casual Employee' means a person who is engaged on an irregular basis to perform a specific task(s) over a defined time period. At the completion of such period and or task(s) the contract of employment shall be deemed to be terminated.
'Dairy Farm Employee' means a person who is engaged on a farm where the principle task(s) undertaken by the employee is that of milking of cows.
'Farm and/or Orchard Hand Level 1'

(% Wage relativity to Farm and/or Orchard Hand Level 4 after minimum rate adjustment = 78%)
Farm and/or Orchard Hand Level 1 means a person with less that 6 months experience in the industry as specified in Clause 2 - Scope of this award who is capable of performing under supervision tasks reasonably required of an employee which may include but not be limited to some or all of the following:
* operating farm and or orchard equipment;
* collecting, grading, packing and handling of eggs;
* egg production techniques;
* poultry husbandry;
* animal husbandry;
* driving;
* stock handling;
* irrigation work;
* sorting and thinning;
* spraying;
* pruning;
* picking;
* grading
* planting
'Farm and/or Orchard Hand Level 2'

(% Wage relativity to Farm and/or Orchard Hand Level 4 after minimum rate adjustment = 84%)
Farm and/or Orchard Hand Level 2 means a person with at least 6 months experience in the industry as specified in Clause 2 - Scope of this award as a farm and/or orchard hand who is capable of performing, under limited supervision some or all of the functions of a Farm and/or Orchard Hand Level 1.
'Farm and/or Orchard Hand Level 3'

(% Wage relativity to Farm and/or Orchard Hand Level 4 after minimum rate adjustment = 90%)
Farm and/or Orchard Hand Level 3 means a person with at least 12 months experience in the industry as specified in Clause 2 - Scope of this award as a Farm and/or Orchard Hand Level 2 and who is capable of performing efficiently without supervision any of the tasks reasonable required of him/her, which may include:
* Maintaining and operating farm and/or orchard vehicles and machinery;
* driving;
* animal husbandry;
* stock handling;
* irrigation work;
* use of chemicals;
* spraying
* pruning;
* picking;
* grading;
* sorting;
* thinning;
* planting
'Farm and/or Orchard Hand - Level 4'

(% Wage relativity after minimum rate adjustment = 100%)
Farm and/or Orchard Hand Level 4 means an employee who has successfully completed a recognized apprenticeship in a relevant trade, or completion of Certificate 2 and 3 in a relevant vocational pathway approved by the Tasmanian Agreements Committee, and using the skills obtained from that trade or pathway. This shall not restrict the employer from classifying an employee at Level 4 if that employee has achieved a certain standard of knowledge and/or competence in the industry as specified in Clause 2 - Scope of this award.
'Floriculturist' means an employer whose business involves the growing of flowers through to bloom for the retail and/or wholesale market.
'Full-time Employee' means any person who is engaged on an ongoing full-time basis on one of the work cycles described in Clause 19 - Hours and Days of Work, subclause (a).
'Mechanical Plant Operator - Level 1'

(% Wage relativity to Farm and/or Orchard Hand Level 4 after minimum rate adjustment = 90%)
Mechanical Plant Operator - Level 1 means an employee who is required to operate mechanical plant equipment or a harvesting machine. This level does not apply to employees of employers who use the employer's machinery for the planting and harvesting of the employer's crop.
'Mechanical Plant Operator - Level 2'

(% Wage relativity to Farm and/or Orchard Hand - Level 4 after minimum rate adjustment = 95%)
Mechanical Plant Operator - Level 2 means an employee who is capable of operating a range of mechanical harvesting machines used in harvesting peas and/or broad beans and/or green beans. This level does not apply to employees of employers who use the employer's machinery for the planting and harvesting of the employer's crop.
'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 up to 11 paid holidays per year.
'Union' means a registered organisation of employees listed in Clause 6 - Parties and Persons Bound.
8. WAGE RATES
1. ADULT EMPLOYEES
(a) Adult employees in a classification level hereunder mentioned shall be paid the weekly wage rate appearing opposite that classification.


Classification

Base Rate Relativity

Base

Rate


Safety Net Adjustment

Weekly Wage Rate




%

$

$

$

Farm and/or Orchard Hand Level 1 (as defined)

78

325.50

159.00

484.50

Farm and/or Orchard Hand Level 2 (as defined)

84

350.50

159.00

509.50

Farm and/or Orchard Hand Level 3 (as defined)

90

375.50

159.00

534.50

Mechanical Plant Operator Level 1 (as defined)

90

375.50

159.00

534.50

Mechanical Plant Operator Level 2 (as defined)

95

396.30

159.00

555.30

Farm and/or Orchard Hand Level 4 (as defined)

100

417.20

161.00

578.20

2. APPRENTICES


The minimum weekly wage rate that may be paid to apprentices shall be the undermentioned percentage of the weekly wage rate payable to Farm and/or Orchard Hand - Level 4 (as defined):





%







1st year

42

2nd year

55

3rd year

75

4th year

88

3. JUNIOR EMPLOYEES


The minimum weekly wage rate that may be paid to unapprenticed junior employees shall be the undermentioned percentage of the weekly wage rate for the classification Farm and/or Orchard Hand - Level 1 (as defined):





Percentage of Adult Wage %







Under 16 years of age

55

16 to 17 years of age

65

17 to 18 years of age

75

18 to 19 years of age

85

19 to 20 years of age

95

20 years of age and over

100

4. LEADING HANDS


In addition to the wage rates prescribed in subclauses 1 and 2 of this clause, Leading Hands shall receive the following additional amounts per week:


A Leading Hand is a person:







(a) in charge of 2 to 6 employees

$17.10 extra







(b) in charge of 7 to 10 employees

$19.40 extra







(c) in charge of 11 to 19 employees

$24.00 extra







(d) in charge of 20 or more employees

$31.60 extra

5. PIECE WORK


(a) Full-time employees (as defined) and/or casual employees (as defined) may be required by the employer to work on piece-work rates.
PROVIDED that where an employer so requires an employee to work on piece-work rates then that employee shall earn at least 12 ½% more than the hourly equivalent for an employee classified as Farm and/or Orchard Hand Level 2 (as defined).
(b) Where the employer and employee agree to work on piece-work rates then the rate may be fixed by agreement.
6. SUPPORTED WAGE SYSTEM
(a) Eligibility criteria
Subject to this subclause an employer may engage employees at a supported wage rate (as set out in paragraph (c) of this subclause) 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 subclause 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 FURTHER that this subclause 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 subclause:
(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.
(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 subclause 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%

  1   2   3   4


The database is protected by copyright ©essaydocs.org 2016
send message

    Main page