Farm Assistants (Department of Education) Wages and
Conditions Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
AWARD REPRINT
This reprint of the consolidated
award is published under the authority of the Industrial Registrar pursuant to
section 390 of the Industrial Relations Act 1996, and under
clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that the form of
this reprint, incorporating the variations set out in the schedule, is correct
as at 1 July 2023.
E.
ROBINSON , Industrial Registrar
Schedule of Variations Incorporated
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Variation Serial No.
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Date of Publication
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Effective Date
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Industrial Gazette Reference
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Volume
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Page No.
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C9753
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20 October 2023
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1 July 2023
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395
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612
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AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Hours of
Work
4. Overtime
5. Wage Sacrifice
for Superannuation and Wage/Salary Packaging Arrangements
6. Wages and
Allowances
7. Payment of
Wages
8. Deduction
of Union Membership Fees
9. Public
Holidays and Picnic Day
10. Leave
11. Tea Breaks
12. Accommodation
13. Settlement
of Disputes
14. Terms of
engagement
15. Fares
16. Anti-Discrimination
17. No Extra
Claims
18. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
2. Definitions
2.1 "Act"
means the Government Sector Employment
Act 2013.
2.2 "Casual
Employee" means a person engaged on an hourly basis to carry out:
(i) work
that is irregular or intermittent, or
(ii) work on a short term basis in an area of the Department with a
flexible workload, or
(iii) the work of a
position for a short period pending completion of the selection process for the
position, or
(iv) urgent work to
deal with an emergency.
Consistent with the casual employment provisions of the
Government Sector Employment Act
2013and any rules or guidelines issued pursuant to that Act, no single period
of casual employment is to exceed three months, and the parties further agree
that ideally no single period of engagement as a casual employee should exceed
one month and in most instances any period of casual engagement should be less
than two weeks in duration.
2.3 "Department"
means the NSW Department of Education.
2.4 "Employee"
means and includes all persons employed on an ongoing, temporary or casual
basis under the provisions of the Government
Sector Employment Act 2013, who, on 20 October 1982 were occupying a
position covered by this award and included in the schedule attached hereto, or
who after that date, are employed under the terms of this award but does not
include any person who resigned or whose services were terminated (not
including retirement) prior to the making of this award.
2.5 "Farm
Assistant" means any employee, including a casual, engaged as a Farm
Assistant Class I or Farm Assistant Class II.
2.6 "Flower
Gardener" means any employee engaged as such.
2.7 "Horsepower"
means the brake horsepower as stated by the manufacturer.
2.8 "Part Time
Employee" means a person engaged on an ongoing basis for part hours or
part years where the employee’s contract hours are less than full time hours.
2.9 "Regulation"
means the Government Sector Employment Regulation 2014.
2.10 "Temporary
Employee" means a person engaged on a temporary basis, either full time or
part time, for a fixed period greater than one month, consistent with the
temporary employment provisions of the Government
Sector Employment Act 2013and any guidelines issued pursuant to that Act.
3. Hours of Work
3.1 Day Work - The
ordinary working hours for a fulltime employee shall be thirty‑eight per
week and shall be worked in accord with the following provisions for a
four-week work cycle:
3.1.1 Except in the
case of employees engaged in attending livestock, the ordinary working hours
shall be worked as a twenty day four-week cycle Monday to Friday, inclusive,
with nineteen working days of eight hours each between the hours of 7.00 a.m.
and 5.30 p.m., with 0.4 of one hour on each day worked accruing as an entitlement
to take one rostered day off in each work cycle as a day off paid for as though
worked.
3.1.2 The ordinary
working hours of employees engaged in attending livestock shall be worked as a
twenty day, four-week cycle of five days per week during the period Monday to
Saturday, inclusive, within nineteen working days of eight hours each between
the hours of 6.00 a.m. and 5.30 p.m., with 0.4 of one hour on each day worked
accruing as an entitlement to take one rostered day off in each work cycle as a
day off paid for as though worked.
3.1.3 The rostered day
off shall be a Monday or Friday within the working cycle provided that by
agreement of the employer and the employee, the rostered day off may be accrued
as an entitlement for a day off to be taken in a subsequent work cycle. Provided further that no employee shall be
entitled to accrue more than six rostered days off under the terms of this
subsection. All rostered days off shall
be taken by the employee as leisure days off, and except as provided for in
this subsection, no work shall be performed by an employee on her/his rostered
day off; or rostered days off.
3.1.4 A roster of days
off (provided for under this subsection) for each employee shall be notified to
employees prior to the commencement of each working cycle. Employees shall be provided with seven (7)
working days' notice of a change in roster, provided that, in the case of an emergency situation, forty-eight (48) hours' notice of a
change in roster may be given by the employer.
3.1.5 Where such
rostered day off prescribed by this subclause falls on a public holiday as
prescribed in clause 9, Public Holidays, the next working day shall be taken in
lieu of the rostered day off unless an alternative day in that four-week cycle
(or the next four-week cycle) is agreed in writing between the employer and the
employee.
3.1.6 Each day of paid
leave taken on any public holidays occurring during any cycle of four weeks
shall be regarded as a day worked for accrual purposes.
3.1.7 An employee who
has not worked or is not regarded by reason of subclause (3.1.6) as having
worked a complete four-week cycle, shall receive pro rata accrued entitlements
for each day worked (or each fraction of a day worked) or regarded as having
been worked in such cycle, payable for the rostered day off or, in the case of
termination of employment, on termination.
3.1.8 A majority of the
employees concerned and their employers may mutually
agree upon a change in starting and ceasing times so that the spread of hours
in the award may be between 6.00 a.m. and 6.00 p.m.
3.1.9 Employees shall
commence and cease work at the headquarters or the barn.
3.1.10 Employees shall be
entitled to an unpaid meal break each day of not less than thirty minutes
duration and not more than one hour in duration provided that the said meal
break shall be taken between 11.30 a.m. and 1.30 p.m.
3.2 Subject to
subclause 3.3 the school principal or their delegate may require an employee to
work reasonable overtime at overtime rates.
3.3 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
3.4 For the purposes
of subclause 3.3 what is unreasonable or otherwise will be determined having
regard to:
3.4.1 any risk to
employee health and safety;
3.4.2 the employee's
personal circumstances including any family and carer responsibilities;
3.4.3 the needs of the
workplace or enterprise;
3.4.4 the notice (if any)
given by the school principal or their delegate of the overtime and by the
employee of his or her intention to refuse it; and
3.4.5 any other
relevant matter.
4. Overtime
4.1 Except as
hereinafter provided overtime at the rate of time and a half for the first two
(2) hours and double time thereafter shall be paid for all time worked: -
4.1.1 in excess of the daily number of rostered hours on any one
day; or
4.1.2 outside the
limits of subclause 3.1.1 in the case of employees other than those engaged on
nursery work during the months of October to March inclusive; or
4.1.3 outside the
limits of subclause 3.1.2 in the case of employees other than those engaged on
nursery work during the months of October to March inclusive.
4.2 All work
performed on Sundays and Public Holidays shall be paid for at the rate of
double time and double time and a half respectively. An employee required to
work on a Sunday or Public Holiday shall receive a minimum payment of 4 hours
pay at the rate of double time or double time and a half respectively.
4.3 All ordinary
time worked on Saturdays shall be paid for at the rate of time and a half.
4.4 An employee
recalled to work overtime after 5.30 p.m. on any day
other than a Sunday or Public Holiday shall receive a minimum payment of four
hours pay at the appropriate overtime rate. On each recall the employee may be
required to work 4 hours.
4.5 An employee who
works so much overtime-
4.5.1 between the
termination of his/her ordinary work day and the
commencement of his/her ordinary work in the next day that he/she has not had
at least ten consecutive hours off duty between these times;
4.5.2 or on Saturdays, Sundays and Holidays, not being ordinary working days
without having had ten consecutive hours off duty in the twenty-four hours
preceding his/her ordinary commencing time on his/her next ordinary day shall,
subject to this sub-clause be released after completion of such overtime until
he/she has had ten hours off duty without loss of pay for ordinary working time
occurring during such absences.
Provided that, if on the instructions of his/her
employer, such an employee resumes or continues, to work without having had such
ten consecutive hours off duty he/she shall be paid at double rates until
he/she is released from duty for such period and he/she shall then be entitled
to be absent until he/she has had ten consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
4.6 An employee who
is required to work overtime for two hours or more after the normal ceasing
time shall be allowed, at the expiration of the said two hours, 30 minutes for
a meal or crib and thereafter a similar time allowance after every four hours
of overtime worked. Time for meals or crib through overtime periods shall be
allowed without loss of pay, provided that overtime
work continues after such break.
4.7 Where overtime
is worked on a Saturday, if work continues after 12 noon, a break for a meal of
30 minutes shall be allowed between 12 noon and 1 p.m. which meal break shall
be taken without loss of pay.
5. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
An employee may elect, subject to the agreement of the
Department to enter into a Salary Packaging Arrangement in accordance with the
provisions of clause 6, Salary Packaging Arrangements, Including Salary
Sacrifice to Superannuation of the Crown Employees Wages Staff (Rates of Pay)
Award 2020 or any variation to or successor instruments to the said award shall
apply
6. Wages and
Allowances
6.1 The rates of
wages and allowances to be paid to employees appointed to the positions
specified are set out in Table 1 Wages and Table 2 - Allowances of Part B,
Monetary Rates.
6.2 The wage rates
as set out in Table 1 - Wages, and Table 2 - Allowances of Part B, Monetary
Rates, shall be adjusted in line with the Crown Employees Wages Staff (Rates of
Pay) Award 2021 or any variations to or successor instruments to the said
award.
6.3 Promotion from
Farm Assistant, Class I to Farm Assistant Class II shall be subject to
completion of 12 month’s satisfactory service and the recommendation of the
Department Head, that the skill and versatility of the employee in all respects
of the work of a Farm Assistant, including proficiency in the operation of farm
equipment and vehicles warrants such promotion.
For the purposes of this sub-clause, service shall mean service in an
established position and shall include prior service as a junior.
6.4 Casual employees
shall be paid at the rate of one thirty eighth of the weekly rates prescribed
in respect of the classification for which the employee is casually employed.
6.5 Casual employees
shall be paid in addition to the prescribed rate for the classification
concerned 15 per centum thereof.
6.6 Special rates
A Farm Assistant, Class I or II, employed on any of the
following operations, viz.
6.6.1 operating and
servicing a tractor provided that for the purpose of this provision a tractor
shall be deemed to include a wheel tractor and a crawler tractor and provided
that such tractors shall be not less than 10 horsepower;
6.6.2 driving on farm or
college property a truck which, if driven on the highway, would require
possession of at least a Class 3 driver’s licence:
6.6.3 operating
headers, harvesters, including maize harvesters, and mechanical pick-up hay balers;
shall be paid an additional allowance as prescribed in
Table 2 - Allowances of Part B, Monetary Rates per day while actually
so employed, provided that no allowance shall be paid for periods of
such employment of less than one hour per day nor shall an employee receive
more than one such allowance in respect of any one day.
6.6.4 an employee
required to drive a truck on the highway shall be paid the rates prescribed by
the Crown Employees (Transport Drivers, etc.) Award provided that, where such
employment is for less than half a day, payment shall be as for a half a day
and where such employment is for a half day or more payment shall be as for a
full day and provided however that no additional payment shall be made in
respect of periods of one hour or less.
6.7 Broken shift
allowance
Employees who are required to work a broken shift shall
be the allowance prescribed in Table 2 -Allowances of Part B, Monetary Rates,
per day extra as a broken shift allowance.
6.8 Mixed functions
An employee engaged for more than two hours during one
day on duties carrying a higher rate than his/her ordinary classification shall
be paid the higher rate for such day. If so engaged
for two hours or less during one day he/she shall be paid the higher rate for
the time so worked.
6.9 Protective
clothing
Employees required to work in the rain or in mud,
slurry, water or wet places shall be paid an allowance
prescribed in Table 2 - Allowances of Part B, Monetary Rates.
This allowance shall not be payable to an employee who
is provided by the employer with adequate protective clothing.
6.10 First Aid
A standard first aid outfit shall be provided and
maintained by the employer.
An employee appointed by the employer to perform first
aid duty shall be paid in the first aid allowance prescribed in Table 2 -
Allowances of Part B, Monetary Rates in addition to their ordinary rates of
pay.
6.11 Meal Allowance
An employee required to work more than one and one half
hours after the ordinary ceasing time shall be provided with a meal or shall be
paid the amount prescribed in Table 2 - Allowances of Part B, Monetary Rates,
for such a meal and after the completion of each four hours of continuous
overtime shall be paid the amount prescribed in Table 2 - Allowances of Part B,
Monetary Rates, for each subsequent meal in addition to his/her overtime
payment.
6.12 Distant places
The provisions of the Act and the Regulations apply.
7. Payment of Wages
7.1 Wages shall be paid
fortnightly into a bank or other account, provided that where employees work in
isolated areas or where employees experience hardship or other exceptional
circumstances then payment shall be made to the employee fortnightly by cheque.
7.2 One day of each
pay period shall be recognised as pay day for each job: it shall be the same
day in each pay period.
8. Deduction of Union
Membership Fees
8.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
8.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
8.3 Subject to (8.1)
and (8.2) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
8.4 Monies so
deducted from employees' pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
8.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
8.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in
order for such deductions to continue.
9. Public Holidays
9.1 The following
days shall be observed as Public Holidays: -
New Year’s Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing
Day and any other proclaimed or gazetted holiday for the state of New South
Wales.
9.2 Where local Show
Day is a proclaimed local holiday it shall be observed as a Public Holiday for
employees covered by this award. In the event that an
employee cannot be spared without inconvenience to the Department, an
alternative day with pay shall be given within twenty working days of the
proclaimed local holiday; provided that no employee shall be entitled to
payment at overtime rates for work on such proclaimed local holiday and
provided further that an employee shall not be entitled to the benefit of more
than one holiday upon such occasion.
9.3 Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer the employee shall not be entitled to payment of such
holiday.
9.4 Public Service
Holiday
9.4.1 Unless directed
to attend for duty by the Department Head a staff member is entitled to be
absent from duty on a day between Boxing Day and New Year’s Day determined by
the Department Head as a public service holiday.
9.4.2 Any employee
required to work on such day shall be paid at the rate of double time and a
half for not less than four hours’ work. Provided that an employee who is
required to work on the nominated public service holiday and who fails to
comply with such requirement shall not be entitled to payment for the day. An
employee who is absent on the public service holiday on approved leave is not
entitled to the public holiday overtime rate of pay.
10. Leave
10.1 General leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Act and Regulation.
10.2 In addition to
provisions for sick leave existing under the terms of regulations made pursuant
to the Act, and applicable to the employees covered under the terms of this
award, the following provisions for sick leave shall apply:
Where an employee is ill or incapacitated (within the
meaning of regulations relating to sick leave under the Act) on her/his
rostered day off he/she shall not be entitled to payment for sick leave on that
day nor shall her/his sick leave entitlements be reduced as a
result of such illness or incapacity.
10.3 In addition to
provisions for annual (recreation) leave, long service (extended) leave,
accident pay and short leave existing under the terms of regulations made
pursuant to the Act, employees covered under the terms of this award shall have
the following provisions apply -
10.3.1 All paid leave
taken in service with the exception of long service
(extended) leave and accident pay shall be paid as follows:
An employee who is absent from work on paid leave shall
accrue an entitlement of 0.4 of one hour for each such day as if he/she had
worked on that day. The time accrued
shall be paid on the scheduled day off.
10.3.2 Annual (recreation)
leave on termination of service and long service (extended) leave and accident
pay taken in service or paid on termination shall be paid as follows:
10.3.2.1 All
accrued time against a paid day off shall be paid to the employee prior to
proceeding, on leave or at the time of termination of the employee's service;
10.3.2.2 All
leave accrued or time due shall be paid to the employee on
the basis of one week of accrued leave etc., being equal to 38 hours or
one day being equal to 7.6 hours.
Provided that where a full year's annual (recreation)
leave of 20 days or more is accrued when the employee shall be paid a further
7.6 hours for the first 20 days and on the same basis for the remainder of
accrued leave.
10.3.3 Where the employee
is absent on long service (extended) leave and accident pay during the 20 day cycle and returns to work prior to or on the rostered
day off the time involved during the current cycle shall be regarded as
accruing 0.4 of one hour for each day of paid absence.
10.4 Personal/Carer’s
leave
Use of Sick Leave
10.4.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in section (ii) of subparagraph 10.4.3.2 shall be entitled to use, in
accordance with this subparagraph, any sick leave for absences to provide care
and support for such persons when they are ill. Such leave may be taken for
part of a single day.
10.4.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned.
10.4.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
10.4.3.1 the
employee being responsible for the care of the person concerned; and
10.4.3.2 the
person concerned being:
(i) a
spouse of the employee; or
(ii) a de facto
spouse, who, in relation to the employee, is a person of the opposite sex to
the employee who lives with the employee as the husband or wife of the employee
on a bona fide domestic basis although not legally married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child,
a foster child or an ex nuptial child), parent (including a foster parent and
legal guardian), grandparent, grandchild or sibling of the employee or spouse
or de facto spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse because of marriage has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
10.4.4 An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of the absence.
10.4.5 Subject to the
evidentiary and notice requirements in 10.4.2 and 10.4.4, casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in paragraph 10.4.3 of subclause 10.4,
Personal/Carer’s Leave, who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child.
10.4.6 The employer and
employee shall agree on the period for which the employee will not be entitled
to be available to attend work. In the absence of agreement, the employee is
entitled to not be available for up to 48 hours (i.e.
two days) per occasion. The casual employee is not entitled to any payment for
the period of non-attendance.
10.4.7 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 engage a casual employee are otherwise not affected.
Use of Annual (Recreation) Leave
10.4.8 An employee may
elect with the employer’s agreement to take annual leave not exceeding ten days
in single day periods, or part thereof, in any calendar year at a time or times
agreed by the parties to care for a person prescribed in paragraph 10.4.3 of
subclause 10.4, Personal/Carer’s Leave, who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child.
10.4.9 An employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
10.5 Bereavement Leave
10.5.1 An employee other
than a casual employee shall be entitled to up to two days Bereavement Leave
without deduction of pay on each occasion of the death of a member of a class
of person set out in section (ii) of subparagraph 10.4.3.2 of this clause.
10.5.2 The employee must
notify the employer as soon as practicable of the intention to take Bereavement
Leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
10.5.3 Bereavement Leave
shall be available to the employee in respect of the death of a person in
relation to whom the employee could have utilised Carer’s Leave as prescribed
by this clause. The employee need not
have been responsible for the care of the person concerned to be eligible for
Bereavement Leave as prescribed in this subclause.
10.5.4 An employee shall
not be entitled to Bereavement Leave under this clause during any period in
respect of which the employee has been granted other leave.
10.5.5 Bereavement leave
may be taken in conjunction with any other leave available to employees. Where
such other available leave is to be taken in conjunction with Bereavement
Leave, consideration will be given to the circumstances of the employee and the
reasonable operational requirements of the employer.
10.5.6 Subject to the
evidentiary and notice requirements in 10.5.2, casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in paragraph 10.4.3 of subclause 10.4, Personal/Carer’s
Leave.
10.5.7 The employer and
employee shall agree on the period for which the employee will not be entitled
to be available to attend work. In the absence of agreement, the employee is
entitled to not be available for up to 48 hours (i.e.
two days) per occasion. The casual employee is not entitled to any payment for
the period of non-attendance.
10.5.8 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 engage a casual employee are otherwise not affected.
10.6 Parental Leave
10.6.1 Parental leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Act and Regulation and will be in addition
to those set out in the Industrial
Relations Act 1996 and the Regulation.
10.6.2 An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee’s spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
10.6.3 Right to Request
10.6.3.1 An
employee entitled to parental leave may request the employer to allow the
employee:
(i) to
extend the period of simultaneous unpaid parental leave use up to a maximum of
eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
10.6.3.2 The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
10.6.3.3 The
employee’s request and the employer’s decision made under 10.6.1(ii) and
10.6.1(iii) must be recorded in writing.
10.6.3.4 Where
an employee wishes to make a request under 10.6.1(iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental leave.
10.6.4 Communication
During Parental Leave
10.6.4.1 Where
an employee is on parental leave and a definite decision has been made to
introduce a significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity
for the employee to discuss any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave.
10.6.4.2 The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
10.6.4.3 The
employee shall also notify the employer of changes of address or other contact
details which might affect the employer’s capacity to comply with 10.6.4.1.
11. Tea Breaks
11.1 A tea break
during the morning period of not more than fifteen minutes' duration shall be
allowed to each individual employee, at a time to be arranged by the employer,
without deduction from their wages.
11.2 Provided that an
employer may grant a tea break of not more than ten minutes' duration during
both the morning and afternoon periods of the working day, under the same
conditions as above. Where an afternoon
tea break is taken the employer may direct that it be taken immediately prior
to ceasing time.
12. Accommodation
12.1 Employees who
reside in Departmental premises and are provided with board and lodging by the
employer shall be charged at the rates determined from time to time by the
Department of Premier and Cabinet according to whether the employee is provided
with full board and lodging or whether he/she attends to his/her own room and
waits on himself/herself at table.
12.2 Where employees
do not reside at the Farm, the employer shall provide free of charge a dining
room fitted with sufficient and suitable table and seating accommodation together
with an adequate supply of boiling water for employees at meal
times. Pure drinking water shall be provided at suitable locations on
each farm in clean containers where it is not available from a water service
pipe.
12.3 Change rooms
shall be provided by the employer and shall be used exclusively for that
purpose. Where practicable, hot and cold showers shall
be provided.
13. Settlement of
Disputes
Subject to the provisions of the Industrial Relations Act 1996, the undermentioned procedures shall
be applied in the settlement of disputes -
13.1 Where a dispute
arises in a particular section which cannot be resolved between the employees
or their representative and supervising staff, it shall be referred to the
Departmental Personnel/ Industrial Officer or other officer nominated by the
employer who will arrange for the matter to be discussed with the union or
unions concerned.
13.2 Failing
settlement of the issue at this level, the matter should be referred to senior
management.
13.3 If the matter
remains unsolved then either party may make application to the Industrial
Relations Commission of New South Wales.
13.4 Whilst these
procedures are continuing, no stoppage of work or any form of limitation of
work shall be applied.
13.5 The right is
reserved to the parties to vary this procedure where it is considered a safety
factor is involved.
14. Terms of
Engagement
14.1 Employees shall
be employed in accordance with the Government
Sector Employment Act 2013, and except in the case of misconduct, their
engagement shall only be terminated by a week’s notice on either side given at
any time during the week or by the payment or forfeiture of one week’s wages in
lieu, as the case may be.
15. Fares
15.1 Any person
selected for work and sent by the employer or his/her agent, including a
Government Employment Bureau or Private Employment Agency, from the City to the
country or from one country centre to another, or from a country centre to the
City, shall have the necessary fares provided by the employer.
16.
Anti-Discrimination
16.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age
and responsibilities as a carer.
16.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 13, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
16.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
16.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977, or
a party to this award from pursuing matters of unlawful
discrimination in any state or federal jurisdiction.
16.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
17. No Extra Claims
Other
than as provided for in the Industrial Relations Act 1996 and the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2014,
there shall be no further claims/demands or proceedings instituted before the
NSW Industrial Relations Commission for extra or reduced wages, salaries, rates
of pay, allowances or conditions of employment with respect to the Employees
covered by the Award that take effect prior to 30 June 2024 by a party to this
Award.
18. Area, Incidence
and Duration
18.1 This award shall
apply to all employees as defined herein.
18.2 This Award
rescinds and replaces the Farm Assistants (Department of Education and
Communities) Wages and Conditions Award 2020 published 3 February 2021 (391 I.G.
156) and all variations thereof.
18.3 This award has a
nominal term of 12 months from 1 July 2021 with any increases to pay and work
elated allowances effective from the first full pay period on or after 1 July
2021.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Amount per week
from the first full pay period on or after 1/07/22
|
Amount per week
from the first full pay period on or after 1/07/23
|
|
(2.53%)
|
(4%)
|
|
$
|
$
|
|
Farm Assistant Class I
|
1034.50
|
1075.90
|
|
Farm Assistant Class II
|
1189.30
|
1236.90
|
|
Flower Gardener
|
1068.50
|
1111.20
|
Table 2 - Allowances
|
Clause
|
Allowance
|
From the first full
pay period on or after 1/07/22
|
From the first full
pay period on or after 1/07/23
|
|
|
|
(2.53%)
|
(4%)
|
|
|
|
$
|
$
|
|
6.6 Special Rates
|
|
6.6.1
|
Tractor operation (per day)
|
5.27
|
5.48
|
|
6.6.2
|
Truck driving (per day)
|
5.27
|
5.48
|
|
6.6.3
|
Headers, etc. (per day)
|
5.27
|
5.48
|
|
6.7
|
Broken Shift (per day)
|
15.87
|
16.50
|
|
6.9
|
Protective Clothing (per hour)
|
0.86
|
0.89
|
|
6.10
|
First Aid (per day)
|
3.98
|
4.14
|
|
6.11
|
First meal per day
|
|
|
|
|
Subsequent meals
|
|
|
E.
ROBINSON, Industrial Registrar
____________________
Printed by
the authority of the Industrial Registrar.