2. Definitions

[Varied by PR734194, PR774744, PR777262, PR795663]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 18.2(a)).

broadacre field crops means grains, seeds, grasses, silage, legumes, fibre, flowers, and other crops grown as part of a broadacre mixed farming enterprise.

broadacre mixed farming enterprise:

 means a farming enterprise consisting of the growing of broadacre field crops as defined;

 includes the rearing, management, and grazing of livestock;

 means a farming enterprise which combines both; or

 means a farming enterprise which in addition to any of the above grows other crops, for the purposes of crop rotation or the rearing, management, and grazing of livestock as part of a mixed farming enterprise.

[Definition of casual employee inserted by PR734194 from 27Sep21; varied by PR777262 from 27Aug24]

casual employee has the meaning given by section 15A of the Act.

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

casual pieceworker means a Shearer, Crutcher or Woolpresser engaged as a casual employee and paid the piecework rates in accordance with Part 9—Shearing Operations.

crutching includes all the operations for which rates are prescribed in this award. The meanings of the words crutch, Crutcher and crutched are similarly extended.

cut out means the completion of the shearing or crutching of the last sheep shorn or crutched at the termination of the shed.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

double-fleeced means a sheep carrying 2 years’ fleece.

employee means national system employee within the meaning of the Act.

[Definition of employee organisation inserted by PR774744; substituted retrospectively by PR795663 ppc 01Jul24]

employee organisation has the meaning given by section 12 of the Act.

employer means national system employer within the meaning of the Act.

[Definition of enterprise inserted by PR774744 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

expeditionary employee means a woolclasser or Shearing shed expert who commences on the day as agreed for commencing shearing and resides on the property for the duration of the shearing. Expeditionary employees are entitled to free board and lodging.

experience in the industry means all and any experience in the industry as described in clause 4.2 of this award.

farm and livestock hand means an employee performing the work described in the classifications which apply to such work in Part 6—Broadacre Farming and Livestock Operations of this award and who is not a piggery attendant, poultry worker or any employee classified under Part 9—Shearing Operations.

found employees are employees who are supplied with up to 5 meals per day during the course of shearing or crutching; such meals are to be provided by the employer together with suitable accommodation.

keep is where a farm and livestock hand is employed on the ‘with keep’ rate as prescribed in this award, ‘keep’ will mean good and sufficient living accommodation and good and sufficient rations of sufficient quantity; sound, well-cooked and properly served by the cook or the cook’s offsider; but it will not include accommodation under a roof or cooking when circumstances render such accommodation or cooking impracticable.

livestock means all animals used in primary production including insects.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clauses 32, 37, 47 and 51—Minimum rates plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

pastoral industry has the meaning given in clause 4.2.

piggery attendant means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of pigs, and who performs duties described in the classifications in Part 7—Pig Breeding and Raising of this award.

poultry worker means an employee who is employed by an employer who is exclusively, wholly or substantially engaged in the raising and breeding of poultry, and who performs duties described in the classifications in Part 8—Poultry Farming of this award.

ram stags are rams that have been castrated when they are 18 months or older.

rams are male sheep that are more than 6 months old.

shearing is where:

 the employee takes off the belly wool first and lays it aside, and, when required by the employer, the employee shears over the tail when shearing the first side; and

 in opening the fleece at the neck and belly, the machine or both blades of the shears will be kept under the wool and close to the skin, so as to avoid twice cutting and where the employee does not run the machine or shears through the fleece so as to break it down the centre or the back.

shearing cook means an employee who cooks for 6 or more employees who are engaged for shearing or crutching operations.

shearing shed expert or expert means an employee who is competent to perform experting duties at a shearing shed as described in clause 50.8 in accordance with the requirements of the employer or a representative (such requirements to be specified at the time of engagement).

shed means shearing shed or, in relation to crutching work performed other than at a shed, the property, station or location where crutching work is or will be undertaken.

silviculture and afforestation means planting, pruning, fertilising and any other activity in or in connection with the establishment or cultivation of trees in forests.

[Definition of small business employer inserted by PR774744 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means the hourly rate payable to a farm and livestock hand level 2 in clause 32.1.

station cook means an employee who cooks for station hands and/or other station personnel.

stud ewes are ewes with tags in their ears from which rams are bred for sale or station use. The term does not include ewes of the flock which have tags in their ears for the purpose of identification other than for stud purposes.

wet place means a place where the clothing of the employee becomes wet or a place where the employee has to stand in water or slush so that the employee’s footwear becomes saturated.

woolclasser means a person who is registered as such and who is employed in or in conjunction with a shearing operation. A woolclasser who performs the additional duty of shearing shed experting at the one shearing will, for the purposes of this award, be deemed to be employed as a woolclasser and not as an expert.

woolpresser means a person who presses wool shorn or crutched; weighs, brands and stores the wool; presses and closes the bales; and performs additional duties as directed.

[Definition of workplace delegate inserted by PR774744 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

4. Coverage

4.1 This industry award applies to employers throughout Australia in the pastoral industry and their employees in the classifications set out in this award to the exclusion of any other modern award.

4.2 Pastoral industry means all employers and employees who are engaged in or in connection with:

(a) the management, breeding, rearing or grazing of livestock or poultry;

(b) the shearing and crutching of sheep and the classing and pressing of wool on farms;

(c) dairying;

(d) hatchery work;

(e) the sowing, raising or harvesting of broadacre field crops and other crops grown as part of a broadacre mixed farming enterprise;

(f) the treatment of land for any of these purposes; or

(g) clearing, fencing, well sinking, dam sinking or trenching on such farms or properties.

4.3 Without limiting the generality of the exclusion, this award does not cover employees covered by:

(a) the Aquaculture Industry Award 2020, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;

(b) the Horticulture Award 2020;

(c) the Seafood Processing Award 2020, except where the production of freshwater species is incidental to a broadacre mixed farming enterprise to which this award would otherwise apply;

(d) the Silviculture Award 2020, except where carried on as a part of a broadacre mixed farming enterprise;

(e) the Sugar Industry Award 2020; and

(f) the Wine Industry Award 2020.

4.4 This award does not cover:

(a) employees excluded from award coverage by the Act.

(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.5 This award covers any employer which supplies labour on an on-hire basis in the pastoral industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for trainees engaged in the pastoral industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

10. Part-time employees

10.1 A part-time employee is an employee who:

(a) is engaged to work less than an average of 38 hours per week over a 4 week period;

(b) has reasonably predictable hours of work; and

(c) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work; and

(c) the actual starting and finishing times each day.

10.3 Changes in hours may only be made by agreement in writing between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing.

10.4 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.5 A part-time employee employed under the provisions of clause 10 must be paid for ordinary hours worked at the ordinary hourly rate prescribed for the class of work performed.

10.6 Minimum engagement

Subject to clause 10.7, an employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.

10.7 An employer is only required to roster a part-time employee for a minimum of 2 consecutive hours on any shift if all of the following apply:

(a) the employee is engaged to perform the work of a dairy operator; and

(b) the employee is 18 years of age or younger; and

(c) the employee is a full-time secondary school student.

11. Casual employees

[Varied by PR723940, PR734194, PR777262]

[11.1 deleted by PR734194 from 27Sep21]

[11.2 deleted by PR734194 from 27Sep21]

[11.3 renumbered as 11.1 by PR734194 from 27Sep21]

11.1 An employer when engaging a casual must inform the employee that they are employed as a casual, stating:

(a) by whom the employee is employed;

[11.1(b) deleted by PR734194 from 27Sep21]

[11.1(c) renumbered as 11.1(b) by PR734194 from 27Sep21]

(b) their classification level; and

[11.1(d) renumbered as 11.1(c) by PR734194 from 27Sep21]

(c) their rate of pay.

11.2 Casual pieceworkers

[11.4 renumbered as 11.2 by PR734194 from 27Sep21]

(a) Shearers, Crutchers and Woolpressers engaged as casual pieceworkers will be paid piecework rates in accordance with Part 9—Shearing Operations.

(b) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.

(c) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.

11.3 Casual loading

[11.5 renumbered as 11.3 by PR734194 from 27Sep21]

[11.3(a) varied by PR723940 ppc 20Nov20]

(a) For each ordinary hour worked a casual employee, other than a casual pieceworker, must be paid:

(i) the ordinary hourly rate prescribed for the class of work performed; and

(ii) a loading of 25% of the ordinary hourly rate.

(b) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.

[11.3(c) inserted by PR723940 ppc 20Nov20]

(c) When a casual employee works overtime, they must be paid the overtime rates in clauses 35.2, 43.2, and 49.1(b).

[11.6 renumbered as 11.4 by PR734194 from 27Sep21]

11.4 Casual employees must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.

11.5 Minimum engagement

[11.7 renumbered as 11.5 by PR734194 from 27Sep21]

(a) Subject to clause 11.5(b), an employer must pay a casual employee, other than a casual pieceworker, for a minimum of 3 hours’ work at the appropriate rate for each occasion on which the employee is required to attend for work, even if the employee is only required to work for a shorter time.

(b) An employer is only required to pay a casual employee for a minimum of 2 hours’ work if all of the following apply:

(i) the employee is engaged to perform the work of a dairy operator; and

(ii) the employee is aged 18 years of age or younger; and

(iii) the employee is a full-time secondary school student.

11.6 Changes to casual employment status

[New 11.6 inserted by PR734194; renamed and substituted by PR777262 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 28—Dispute resolution.

[11.8 deleted by PR734194 from 27Sep21]

48. Ordinary hours of work and rostering

The ordinary hours of work of poultry farm workers must not exceed 152 hours in any consecutive period of 4 weeks.

49. Overtime and public holidays

[Varied by PR723940, PR763232]

49.1 Overtime

(a) All time worked by a poultry worker in excess of the ordinary hours in clause 48—Ordinary hours of work and rostering will be regarded as overtime.

[49.1(b) varied by PR723940 ppc 20Nov20]

(b) The rate of pay for overtime for a poultry farm worker will be:

For overtime worked | Overtime rateFull-time and part-time employees % ordinary hourly rate | Overtime rateCasual employees % ordinary hourly rate

Monday to Saturday | 150 | 175

Sunday—feeding and watering stock | 150 | 175

Sunday—other than feeding and watering stock | 200 | 225

[Note inserted by PR723940 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 49.1(b).

49.2 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 49.2 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.

(c) An agreement made under clause 49.2 must be in writing and must state each of the following:

(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked, at a time or times agreed by the employee and employer;

(v) that, if time off is not taken as mentioned in clause 49.2(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

NOTE: An example of the type of agreement required by clause 49.2 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 49.2 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 49.2 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in 49.2(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 49.2 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request, then clause 49.2 will apply, including the requirement for a written agreement under clause 49.2(c) for overtime that has been worked.

[Note varied by PR763232 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 49.2 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 49.2.

49.3 Public holidays

A poultry worker required to work on a public holiday will be paid 200% of the ordinary hourly rate.

Part 9—Shearing Operations