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.

8. Types of employment

8.1 Employees under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

8.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

8.3 Farm and livestock hand at shearing or crutching

(a) Subject to clause 8.3(b), during any time an employee engaged on a weekly basis under Part 6—Broadacre Farming and Livestock Operations is employed in shearing or crutching operations of the principal employer, Part 9—Shearing Operations will not apply.

(b) Exception

(i) Clause 8.3(a) will not apply to any farm and livestock hand engaged by the week who:

 works in the employer’s shearing shed; and

 who has been engaged by the employer during the period commencing one week before the actual shearing or crutching begins; and

 who is discharged during the week after the shearing or crutching actually ends.

(ii) In the circumstances set out in clause 8.3(b)(i), the employee will be paid station hand rates when performing work covered by Part 6—Broadacre Farming and Livestock Operations of this award and shearing rates when performing work covered by Part 9—Shearing Operations of this award.

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.

54. Hours of work for Shearers and Crutchers

54.1 Ordinary hours

(a) The ordinary hours of work for Shearers and Crutchers will be 38 per week, Monday to Friday.

(b) The hours will not exceed 8 per day and will be worked in 2 hour groupings called runs. The run times are Monday to Friday as follows:

(i) 7.30 am–9.30 am

(ii) 10.00 am–12.00 pm

(iii) 1.00 pm–3.00 pm

(iv) 3.30 pm–5.30 pm

54.2 Clause 54.1 will be read subject to the provisions of clause 54.3 and the following:

(a) if agreement between the employer and the majority of employees exists there may be an alteration of the starting time by a maximum of 2 hours’ to allow for work to be completed in extenuating circumstances;

(b) work will not commence prior to 5.30 am or later than 7.30 am except where sheep have not been presented for shearing or crutching due to inclement weather;

(c) runs will be of 2 hours duration and be worked continuously except for tea and lunch breaks;

(d) circumstances for which alteration to the starting time in accordance with clause 54.2 may be made are limited to:

 assisting travel arrangements (e.g. day of cut out and travel home);

 ensuring daylight requirements where shed lighting is not available;

 stock welfare; and

 when rising flood water creates exceptional circumstances; and

(e) the entitlements in clause 54.2 are non-cumulative.

54.3 Restrictions on working 8 hours

The restriction on working 8 hours will not apply:

(a) where the tail end of a mob of ewes with lambs or unweaned lambs are in the pens at 5.30 pm on Friday awaiting shearing (or crutching), the shearing (or crutching) may, at the option of the employer, be continued for not more than half an hour, but so far only as may be necessary for the purpose of shearing (or crutching) the said ewes and/or lambs;

(b) if not more than 3 sheep per Shearer/Crutcher are left in the pens at 5.30 pm on Friday they may, at the option of the employer, be shorn (or crutched) then for the purpose of cutting out a particular flock; or

(c) if on the day of the cut out, there remains in the pens after the last run of the day, the number of sheep as could be ordinarily shorn (or crutched) in 60 minutes, the shearing (or crutching), at the option of the employer, may be continued until the sheep are shorn (or crutched). If the option of the employer is taken and work time exceeds 30 minutes, all time workers will receive an additional 2 hours’ (one run) payment.

54.4 Special conditions regarding the hours of work of Shearers and Crutchers

(a) Where a Shearer or Crutcher has not completed 38 hours work during the preceding week, or 8 hours per day if the shearing commenced later in the week, by reason of the fact that sheep presented for shearing or crutching are voted wet or sheep are not presented for shearing or crutching because of rain or sweating, a Shearer or Crutcher may be required by the employer to work on the Saturday and/or Sunday immediately succeeding the week in which work could not be performed for these reasons only, provided that:

(i) any work performed on a Saturday or a Sunday pursuant to clause 54.4 must be performed in accordance with the run schedules in clause 54.1(b);

(ii) any work performed on a weekend pursuant to clause 54.4 must be performed from the commencement of the first available run after the condition of the sheep permit their shearing or crutching except that by agreement between the employer and the employee another or other mutually convenient run or runs available on that weekend may be substituted;

(iii) the work on Saturday and/or Sunday will only replace the time lost during the preceding week; and

(iv) reasonable notice of the need to work on the weekend will be given.

(b) A signal will be given 3 minutes (one minute in the case of crutching) before the end of each run and no Shearer (or Crutcher) will catch another sheep during that run after the signal has been given.

(c) The employee will finish the shearing (or crutching) of any sheep they are shearing (or crutching) at the end of each run.

(d) The employer and employee will record and retain at the appropriate place of employment a written record in the tally book when make-up time is worked, if sheep are determined wet during the normal course of shearing in the preceding Monday to Friday.

(e) The tally book will show those employees who worked make-up time, the date of the work and the number of runs worked during the weekend. The employer will retain this written record for a period of not less than 6 years.

55. Special conditions relating to shed employees

55.1 Mess and cook

(a) If a mess is established for found employees, not found employees may, with the approval of the employer, join the mess and provide their own food and related items (joint mess).

(b) The employer will, however, have the right to supply a sufficient quantity of food to start the mess, the food to be paid for by the persons comprising the mess.

55.2 Where there is a joint mess

(a) The employer must engage a competent cook for the mess on terms not less advantageous to the cook than those prescribed by this award.

(b) The employer may charge each not found employee the amount of their share of the wages actually payable to the cook. The amount charged must not exceed the rate per day per member of the mess prescribed in this award.

(c) If an employer elects to supply food and like items, the employer may deduct the price of the items from the wages of those supplied with the items.

(d) If the employer discharges a not found member of the mess who does not have sufficient credit to satisfy what that employee owes to the mess account, the employer will make up the deficiency, except so far as the employee’s share of the mess account has been increased by goods purchased elsewhere than from the employer.

55.3 Condition of sheep

The employee may refuse to shear sheep without any responsibility for delay in the following circumstances:

(a) Wet sheep

(i) if the overseer and the shed representative agree that the sheep are too wet to shear or crutch; or

(ii) if in the employee’s honest opinion, the sheep are so wet as to be likely to injure the employee, and the employee informs the overseer to that effect; or

(iii) if in the honest opinion of a majority of Shearers (or Crutchers) excluding any learner by vote on a secret ballot it is determined that the sheep are too wet to shear or crutch.

(iv) The supervisor may request that the vote be delayed until after the Shearers (or Crutchers) have shorn (or crutched) 2 sheep each and that the ballot papers have been counted in the presence of the supervisor. The supervisor may request that further votes be taken in relation to sheep which have been voted wet in the same day.

(b) Infected sheep

(i) The employee may refuse to shear (or crutch) sheep where the sheep are:

 cancerous;

 suffering from scabby mouth;

 suffering from any wound or sore other than maggots;

 suffering from a disease communicable to the employee; or

 affected by prickly pear, unless the employer provides the employee with such basil or other gloves and coverings as are necessary.

(ii) The employee will put any affected sheep appearing on the board down the chute.

55.4 Conditions of sheep—employer requirements

(a) The employer will so far as is practicable and reasonable in the particular circumstances prevent from entering the shed:

(i) any cancerous sheep;

(ii) any sheep that has an offensive wound or sore, other than from maggots (unless properly treated with antiseptic);

(iii) any sheep suffering from scabby mouth;

(iv) any sheep suffering from any disease communicable to the employee.

(b) The employer need not pen sheep for shearing (or crutching) which in the honest opinion of the employer should not be shorn or crutched because they are too wet to be shorn (or crutched), without responsibility for any delay.

(c) The employer may also withdraw sheep which have been penned for shearing (or crutching) when, in the employer’s honest opinion, the wool is too wet for pressing, without responsibility for any delay.

55.5 Transport to be provided in certain circumstances

(a) If the employees sleep at the employer’s premises and the shearing shed is one kilometre or more walking distance from the employee’s sleeping quarters, the employer must provide transport for the employees between the shed and sleep quarters before the start of the day’s work and at the end of the day’s work.

(b) In all cases where the shearing shed is half a kilometre or more walking distance from the employees’ huts, the employer must provide transport from the shed to the huts and from the huts to the shed for the midday meal.

55.6 Combs, cutters and handpiece

(a) It will be the responsibility of the employee to provide themselves with combs and cutters and a suitable handpiece.

(b) If a Shearer chooses to use a handpiece supplied by the employer or a contractor, the employer or contractor may make a charge to the Shearer for the use of the handpiece equivalent to the amount the Shearer is reimbursed for the handpiece through the shearing formula (see clause A.1).

(c) Where combs or cutters are damaged or broken during shearing operations due to contact with tags or foreign matter, the employer will replace or provide compensation for such combs and cutters on a fair wear and tear basis.

55.7 Allotment of stands

(a) The employer may nominate the stand or stands to be occupied by learners.

(b) Subject to clause 55.7(a) lots will be drawn for the stands in the presence of the overseer before work is commenced at a shearing or crutching, and the employees will abide by the result of the drawing.

55.8 Provision of sheep

(a) The total number of sheep to be shorn (or crutched) at the shearing (or crutching) will not be more than the maximum number agreed upon nor less than the minimum number agreed upon nor will the number of Shearers employed exceed the number agreed upon.

(b) Subject to other conditions in the award concerning the provision of sheep, the employer will be ready to commence shearing (or crutching) on the date appointed and will keep the Shearers (or Crutchers) fully supplied with sheep until the completion of the shearing (or crutching).

(c) The employer, however, will not be bound to furnish the agreed minimum number of sheep or to be ready or to keep the employee fully supplied if prevented by any cause unavoidable by them. The employer will inform the employee, as soon as is reasonably possible, whether, and to what extent, the employee will be or is likely to be so prevented.

(d) When the employer is a contractor shearing or crutching sheep under contract with an owner or the owner’s agent, the failure of the owner or agent to keep the contractor supplied with sheep for shearing (or crutching) will not be deemed to be a cause unavoidable by the contractor unless the owner or agent is prevented from supplying sheep because of any unavoidable cause.

55.9 Yarding sheep for shearing

(a) At shearing operations the employer will, unless prevented by any cause unavoidable by the employer, yard the sheep for shearing at least 4 hours before the time of their being shorn so as to overcome any fullness or sweat in the sheep and the employee will shear the sheep without delay.

(b) Clause 55.9 will not apply in the case of:

(i) ewes within 2 months of lambing;

(ii) ewes with lambs up to 3 months old; or

(iii) sheep which have previously been yarded for shearing but have been turned out because they are too wet to shear.

55.10 Posting of tallies

Each day, the employer will make available to each employee the employee’s tally or bale weight for each run worked in a day.

56. Hours of work and overtime rates for shed hands and Woolpresser-shed hands

56.1 The working hours of a shed hand or of a Woolpresser-shed hand will be the same as the working hours of the Shearers or Crutchers. However, additional time each day may be necessary to:

 finish the picking up, rolling of fleeces and picking of the pieces on the tables; and

 sweep the floor of the shed.

56.2 Such additional time after the cessation of shearing or crutching on Friday and on the day of the cut out may be necessary:

 to do the work described in clause 56.1;

 to wash down the floor of the shed and the wool tables; and

 to put away any wool that is underneath; and

 in the case of a Woolpresser-shed hand, such additional time as may be necessary on the day of the cut out to finish the pressing.

56.3 If on any day, except the day of the cut out, the additional time exceeds a total of 30 minutes, the whole of the additional time on that day will be treated as overtime.

56.4 Overtime will be paid for at the rate of 150% of the ordinary hourly rate.

56.5 Penners-up will work without overtime payment for all time additional to the working hours of the Shearers or Crutchers as may be necessary to keep the Shearers or Crutchers supplied with sheep.