AN170032 Farming and Fruit Growing Award (tas)



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PROVIDED that the minimum amount payable shall be not less than $61 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 subclause, 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.
(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 subclause 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 subclause 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 subclause 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 $61 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.
(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 paragraph (c) hereof.
7. traineeship
Where an employee is engaged in a traineeship at AQF Level 3, and that trainee has not previously completed a traineeship at AQF Level 2, such employee shall be paid at the relevant classification rate prescribed for adult employees.
8. MINIMUM WAGE
(a) Minimum Wage
No employee shall be paid less than the minimum wage.
(b) Amount of Adult Minimum Wage
(i) The minimum wage for full-time adult employees not covered by subclause 6 - Supported Wage System is $484.40 per week.
(ii) Adults employed under a supported wage system clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage system clause applicable to the employee concerned to the amount of the minimum wage specified in subclause (b)(i)
(iii) Adults employed as part-time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in subclause (b)(i) according to the number of hours worked.
(c) How the Minimum Wage Applies to Juniors
(i) The wage rates provided for juniors by this award continue to apply unless the amount determined under subclause (c)(ii) is greater.
(ii) The minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in subclause (b)(i)
(d) Application of Minimum Wage to Certain Employees
Due to existing applicable award wage rates being greater than the relevant proportionate minimum wage, this clause will not apply to employees falling within the scope of the National Training Wage (Tasmanian Private Sector) Award and Trainees undertaking an apprenticeship.
(e) Application of Minimum Wage to Award Rates Calculation
The minimum wage:
(i) applies to all work in ordinary hours;
(ii) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and
(iii) is inclusive of the arbitrated safety net adjustment provided by the July 2005 State Wage Case Decision (T12144 of 2005) and all previous safety net and state wage case adjustments.
9. ALLOWANCES
(a) Tool Allowance
All employees engaged in work that is normally undertaken as part of a trade 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 $8.80 per week.
PROVIDED that such allowance shall not be included when computing payments for shift penalty rates, weekend or holiday work, overtime or for any other purpose.
(b) Meal Allowance
An employee who is required to work overtime for one and a half 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 $13.10.
(c) Motor Cycle Allowance
Where an employer requires an employee to use his/her own motor cycle during the course of employment than an allowance of $1.90 per day shall be paid by the employer as well as fuel supplied.
(d) Travelling Time Allowance
An employee who on any day or from day to day is required to work away from the usual workplace shall, at the direction of the employer, present for work at such workplace at the usual starting time; but all time reasonably spent in reaching and returning from such workplace (in excess of the time normally spent travelling to and from the usual workplace) shall be paid travelling time payment at ordinary rates of pay.
(e) Kilometreage Allowance
Where an employee is required by the employer to use his/her own motor vehicle for the purpose of the employer's business, then the employee will be paid $0.31 per kilometre travelled, with a minimum of $4.50 per day.
(f) First Aid Allowance
A full-time employee (as defined) holding first aid qualifications from the Red Cross Society, St John Ambulance or similar body and appointed by the employer to perform first aid duties shall receive in addition to his/her wages an allowance of $1.80 per day.
(g) Special Rates
Employees who are engaged in spraying, sowing or spreading of fertilisers, handling of chemicals, or threshing or cleaning seeds indoors shall be provided, by the employer, with protective clothing (including where necessary, respirators and/or goggles), and be paid $0.46 per hour extra while so engaged with a minimum payment as for 4 hours on any one day.
10. AMENITIES
(a) The employer shall where practical provide for the use of employees, suitable washing facilities, change rooms, dining accommodation and sanitary conveniences in accordance with the Industrial Safety Health and Welfare Regulations 1979.
(b) Where employees are provided with residential accommodation this accommodation shall include all facilities including hot and cold water, electricity and suitable sanitary facilities.
(c) Remote Work
An employee required to work at a location remote from the usual workplace which does not reasonably enable the employee to return to the employees' usual place of residence each evening shall be supplied free of cost suitable accommodation which shall be clean and in good repair and include hot and cold water.
That accommodation will, on the instruction of the employer, be vacated within 48 hours in the same condition as when occupied.
(d) Any dispute arising under this clause shall be dealt with in accordance with Clause 26 - Resolution of Disputes of this award.
11. ANNUAL LEAVE
(a) Period of Leave
A period of 28 consecutive days' leave shall be allowed annually to an employee (other than a casual employee) after 12 months' continuous service (less the period of annual leave).
(b) Annual Leave Exclusive of Public Holidays
(i) Should any of the holidays mentioned in Clause 17 - Holidays with Pay of this award fall during an employee's annual leave, there shall be added to that leave an additional day or days for each such day so falling.
(ii) Subject to subclause (i) hereof where an employee fails (without reasonable cause, proof of which shall be supplied by the employee to the employer) 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) Time of Taking Leave
The annual leave provided by this clause shall be allowed and shall be taken within 12 months of such leave falling due, at a time or times mutually agreed between the employer and employee.
PROVIDED that in the event agreement cannot be reached the employer shall give not less than one weeks notice to the employee concerned of the intention to grant such leave.
(d) Payment in Lieu Prohibited
Payment shall not be made or accepted in lieu of annual leave, except provided in subclause (e) of this clause.
(e) Proportionate Leave on Termination of Service
If after one month's continuous service 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 at his ordinary rate of wage at 2.923 hours for each completed week of continuous service.
(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 addition thereto, all employees, other than casual employees, before going on annual leave shall be paid a loading of 17.5% on payments made for annual leave.
(g) Broken Leave
Leave allowed under the provisions of subclause (a) shall be given and taken in one consecutive period, or if the employer and the employee agree in any combination provided one period shall be not less than seven consecutive days, i.e. five working days.
(h) Calculation of Continuous Service
For the purposes of this clause, service shall be deemed to be continuous notwithstanding any absence from work on account of personal sickness or accident.
In calculating the period of 12 months continuous service any such absence as aforesaid shall not, except to the extent of not more than 91 days in any 12 monthly period, be taken into account in calculating the period of 12 months continuous service.
12. BEREAVEMENT LEAVE
(a) Paid Leave Entitlement
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, 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.
(b) Unpaid Bereavement Leave
An employee may take unpaid bereavement leave by agreement with the employer.
(c) Casual Employees and Employees in Receipt of a Loading in lieu of Paid Leave – Caring Responsibilities
(i) Subject to the evidentiary requirements in subclause (a), casual employees and employees in receipt of a loading in lieu of paid leave are entitled to not be available to attend work, or to leave work upon the death in Australia of an immediate family or household member.
(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee and employees in receipt of a loading in lieu of paid leave are not entitled to any payment for the period of non-attendance.
(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
13. CONSULTATIVE PROCEDURE
(a) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of industry covered by the scope of this award, and to enhance the career opportunities and job security of employees in the industry.
(b) At each enterprise or establishment, the employer, the employees shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that enterprise or establishment. Measures raised by the employer and the employees for consideration consistent with the objectives of subclause (a) herein shall be processed through that consultative mechanism and procedures.
(c) Where enterprise consultative committees are established the employees shall be represented at least equally on the committee by duly elected employee representatives.
(d) Measures raised for consideration consistent with subclause (b) hereof shall be related to implementation of a new classification structure, facilitative provisions contained in this award and matters concerning training.
(e) Award restructuring should be given its wider meaning, and award restructure should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.
(f) The union reserves the right to advise its members on award issues under discussion.
(g) The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:
(i) developing a more highly skilled workforce;
(ii) providing employees with career opportunities through appropriate training to acquire additional skills; and
(iii) removing barriers to the utilisation of skills acquired.
(h) Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the resolution of disputes clause.
14. CONTRACT OF EMPLOYMENT
(a) General
(i) Upon commencing work with an employer, all employees shall be classified at a level prescribed in Clause 8 - Wage Rates of this award.
(ii) Further, all employees prior to the commencement of duties shall be provided with advice in writing, of the classification level to which they have been appointed, upon which they shall remain and be paid the wage rate thereof until reclassified. Further advice in writing will be issued by the employer if an employee is reclassified.
An employer may direct an employee to carry out such duties as are within the limits of the employees' skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.
This provision does not deny such employees any award entitlement which might be applicable for performing work of a higher classification; nor should the provision enable the employer to pay an employee at a rate lower than the employees' substantive classification for performing work of a lower classification.
(b) Full-time Employees (as defined)
Full-time employees as defined) shall be engaged by the week.
(c) Casual Employees (as defined)
(i) For a casual employee (as defined) written advice as prescribed in subclause (a) (ii) of this clause shall in addition clearly state that the employee is engaged as a casual employee (as defined).
(ii) The employer shall, at the time of engagement, advise the employee, to the best of the employers' ability, of the period over which they expect to be able to offer ongoing availability of work on an irregular basis and shall regularly review and update this position with the employee as changes occur.
(iii) Where it is the intention of the employer not to re-engage the employee referred to in subclause (c) (ii) hereof when work becomes available, the employer shall notify the employee in writing of such intention as soon as the decision is made.
(iv) A casual employee (as defined) for working ordinary time shall be paid per hour one thirty eighth of the weekly rates prescribed for a full-time employee (as defined) engaged at the equivalent classification level for the work performed, plus 20%. Such additional amount to be payable in lieu of annual leave, sick leave and public holidays.
(v) If a casual employee (as defined) is not informed before leaving the job at the end of a days work that that employee is not required to work on the next day, and such employee attends work and does not commence work on that day, the employee shall be paid a minimum of 4 hours pay at the appropriate classification rate.
(d) Termination of Employment
(i) Employment for a full-time employee (as defined) may be terminated only by the giving of one weeks notice by either party or by the payment or forfeiture of one weeks wages as the case may be.
(ii) For the purpose of this clause, termination of employment shall include termination with or without notice.
(iii) Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for wilful misconduct or neglect of duty.
PROVIDED that any dispute or claim arising out this subclause shall be dealt with in accordance with Clause 26 - Resolution of Disputes contained within this award.
15. ENTERPRISE FLEXIBILITY
(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 all or some of the employees engaged by that employer.
(b) 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.
(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 must be a party to the agreement.
(v) The relevant union or unions shall not unreasonably oppose any agreement.
(c) Any enterprise agreement shall be signed by the parties, being the employer and the union or unions, 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 to the agreement may be resolved.
(d) Any agreement which seeks to vary a provision of this award shall be referred to the Tasmanian Industrial Commission.
16. FIRST AID
The employer shall provide and maintain, in accordance with the Industrial Health and Safety Act (1977) and Regulations (1979), a first aid outfit including an affixed listing of current employees holding a first aid certificate.
17. HOLIDAYS WITH PAY
(a) All employees (other than casuals) 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.
By agreement between any employer and his employees, other days may be substituted for the said days or any one of them.
(b) Payment for the holidays mentioned in subclause (a) of this clause 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/she had been at work.
(c) Payment to an employee for work performed on holidays mentioned in subclause (a) of this clause shall be at the rates prescribed elsewhere in this award.
18. HOLIDAY, SATURDAY, SUNDAY AND OVERTIME PAYMENTS
(a) Holidays
(i) Subject to the provisions of Clause 17 - Holidays with Pay, subclause (c) all employees who perform work on a holiday as prescribed in Clause 17 - Holidays with Pay shall be paid at the rate of double time and one half.
(ii) Subject to the provisions of subclause (a)(i), of this clause all employees who are required to work on any of the days prescribed in Clause 17 - Holidays with Pay shall be paid for a minimum of three hours.
(b) Overtime - Full-time Employees (as defined) other than a dairy farm employee (as defined)
(i) Overtime for a full-time employee (as defined) shall be paid when the employee is required by the employer to work:
(1) in excess of the number of hours specified in Clause 19 - Hours and Days of Work,
(2) outside the span of hours specified in Clause 19 - Hours and Days of Work, and
(3) in excess of 8 hours unless there is agreement between the employer and the employee as prescribed in Clause 19 - Hours and Days of Work, subclauses (b) and (c).
Overtime payment shall be at the rate of ordinary time and one half for the first three hours and double ordinary time thereafter.
(ii) If an employee is engaged on overtime to the extent that it does not allow that employee eight hours rest before the next regular starting time, the employee shall be allowed at least eight hours rest without deduction of pay or shall be paid at overtime rates for all time of duty until the employee has had at least eight hours rest.
(iii) A full-time employee (as defined) shall work a reasonable amount of overtime as directed by the employer.
PROVIDED that by agreement between the employer and the employee, the employee may accrue time in lieu of the overtime payment prescribed in this clause. Such accrued time shall be calculated as time for time not at the overtime penalty equivalent and may be taken as time off in lieu at the ordinary time rate at a time mutually agreed between the employer and the employee, failing agreement, the employee shall receive payment at the overtime equivalent.
(c) Overtime, Saturday and Sunday Payment for Casual Employees (as defined) other than a dairy farm employee (as defined)
(i) For work performed on a Saturday payment shall be made at the rate of ordinary time and one half for the first three hours and double ordinary time thereafter.
(ii) For work performed on Sunday payment shall be made at the rate of double ordinary time.
(iii) For work performed in excess of eight hours a day or prior to or following the span of hours prescribed in Clause 19 - Hours and Days of Work, subclause (c), payment shall be made at the rate of ordinary time and one half for the first three hours and double time thereafter.
(d) Overtime, Saturday and Sunday Payment for Dairy Farm Employee (as defined)
(i) Full-Time Employee (as defined)
(1) Overtime for a Dairy Farm Employee (as defined) shall be paid when the employee is required by the employer to work:
(A) in excess of the number of hours specified in Clause 19 - Hours and Days of Work,
(B) outside the span of hours specified in Clause 19 - Hours and Days of Work,
(C) in excess of 8 hours unless there is agreement between the employer and the employee as prescribed in Clause 19 - Hours and Days of Work, subclause (b) and (c).
(2) For work performed on a Saturday payment shall be made at the rate of ordinary time and one quarter for the first four hours and ordinary time and one half thereafter, however, the provisions of the foregoing shall not apply to employees working in accordance with Clause 19 - Hours and Days of Work, subclause (a)(ii) and (b)(ii).
(3) For work performed on Sunday payment shall be made at the rate of ordinary time and one half for the first four hours and double ordinary time thereafter.
(4) For work performed in excess of eight hours a day or prior to or following the span of hours prescribed in Clause 19 - Hours and Days of Work, subclause (c), payment shall be made at the rate of ordinary time and one half for the first three hours and double time thereafter.
(ii) Casual Employees (as defined)
(1) For work performed on a Saturday payment shall be made at the rate of ordinary time for the first four hours and ordinary time and one half thereafter.
(2) For work performed on Sunday payment shall be made at the rate of ordinary time and one half for the first four hours and double ordinary time thereafter.
(3) For work performed in excess of eight hours a day or prior to or following the span of hours prescribed in Clause 19 - Hours and Days of Work, subclause (c), payment shall be made at the rate of ordinary time and one half for the first three hours and double time thereafter.
(e) Call Back
An employee recalled to work overtime after leaving his employers business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 3 hours work at the appropriate rate for the first time the employee is so recalled and a minimum of 2 hours for each subsequent recall.
PROVIDED that the employee shall not be required to work the full period if the job the employee is recalled to perform is completed within a shorter period.
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