7. Facilitative provisions

7.1 Agreement to vary award provisions

(a) This award also contains facilitative provisions which allow agreement between the employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 7.2, 7.3 and 7.4.

(b) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

7.2 Facilitation by individual agreement

(a) The following facilitative provisions can be utilised by agreement between an employer and an individual employee:

Clause number | Provision

8.3 | Transfer from one employment category to another

14.5(d) | Saturday and Sunday off during work cycle

14.6(b) | Change of roster at short notice

14.8 | Make-up time

15.1(a) | Unpaid meal breaks

17.1 | Payment of wages

23.1(e) | Transfer from day work to shiftwork and vice versa

22.2 | Time off instead of payment for overtime

25.5(c) | Deferment of annual leave loading

25.7 | Annual leave in advance

25.9 | Cashing out of annual leave

31.4 | Time off instead of public holiday rates

31.2 | Substitution of public holidays

(b) Any agreement reached must be kept by the employer as a time and wages record.

7.3 Facilitation by majority or individual agreement

(a) The following facilitative provisions can be utilised by agreement between an employer and a majority of employees in the workplace or a section or sections of it, or the employer and an individual employee.

Clause number | Provision

14.3(b) | Ordinary hours for day workers on weekends (meat processing establishments)

14.3(d) | Alteration to spread of hours for day workers

14.6 | Methods of arranging ordinary working hours

23.6 | Rotation of three-shift system

(b) Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of it, the employer must not implement that agreement unless:

(i) the agreement reached is kept by the employer as a time and wages record; and

(ii) unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

(c) Where no agreement has been sought by the employer with the majority of employees in accordance with clause 7.3(a), the employer may reach agreement with individual employees in the workplace or a section or sections of it and such agreement binds the individual employee provided the agreement reached is kept by the employer as a time and wages record and provided the agreement is only with an individual employee or a number of individual employees less than the majority in the workplace or a section or sections of it.

7.4 Facilitation by majority agreement

(a) The following facilitative provisions may only be utilized by agreement between the employer and the majority of employees in the workplace or a section or sections of it:

Clause number | Provision

15.2(e) | Rest breaks—meat processing establishments only

15.4(b) | Shiftworker crib time

18 | Payment by results

23.1(b)(i) | Operation of shift roster system

23.7 | 12 hour days or shifts

(b) Additional safeguard

Additional safeguards apply to payment by results. Clause 18—Payment by results sets out additional safeguards that employers and employees must observe in respect of payment by results.

7.5 Majority vote at the initiation of the employer

A vote of employees in the workplace or a section or sections of it which is taken in accordance with clauses 7.3 and 7.4 to determine if there is majority support for the implementation of a facilitative provision, is of no effect unless taken with the agreement of the employer.

Part 2—Types of Employment and Classifications

14. Ordinary hours of work and rostering

14.1 Ordinary hours and roster cycles

(a) The ordinary hours of work for a full-time employee must not exceed 38 hours per week or an average of 38 hours per week not exceeding 152 hours in 28 days.

(b) The ordinary hours of work for a part-time or casual employee will be in accordance with clause 10—Part-time employees and clause 12—Casual employees.

(c) The ordinary hours of work for a casual employee must not exceed 38 hours in any week.

(d) The ordinary hours of work must be worked continuously at the discretion of the employer, except for meal breaks or other breaks prescribed in the award.

(e) The maximum number of ordinary hours which may be worked on any day or shift must not exceed 10 hours.

(f) Any hours worked outside the spread of hours listed must be paid at overtime rates.

14.2 Cleaners

Regardless of the spread of hours in clauses 14.3(a), 14.4(a) or 14.5(a), cleaners may be employed to work ordinary hours between 6.30 am and midnight in any establishment under this award. A cleaner may be entitled to a payment under clause 24.4.

14.3 Meat processing establishments (except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Subject to clause 14.3(b), ordinary hours for these establishments are worked between:

Days | Spread of hours

Monday to Friday | 6.00 am–8.00 pm

(b) Where the employer and a majority of affected employees agree, ordinary hours may be worked on Saturday and Sunday. Agreement in this respect may also be reached between the employer and an individual employee.

(c) Payment for ordinary hours on weekends in accordance with clause 14.3(b) is provided in accordance with clause 24.1.

(d) The spread of hours may be altered by up to one hour at either side of the spread by agreement between:

(i) the employer and the majority of employees concerned; or

(ii) in appropriate circumstances, between the employer and an individual employee.

(e) Any work performed by an employee prior to the commencement of the spread of hours and which is continuous with the normal ordinary hours for the purpose, for example, of getting the plant in a state of readiness for processing work, may be regarded as part of the employee’s ordinary hours of work.

(f) Where an employee of the establishment is engaged in retail and/or wholesale of fresh meat and/or meat products and any ancillary products, clause 14.3 will not apply and clause 14.5 will apply to the employee.

14.4 Meat manufacturing establishments (except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Ordinary hours for these establishments are worked between:

Days | Spread of hours

Monday to Saturday | 6.00 am–6.00 pm

(b) In addition, up to 4 ordinary hours may be worked by an employee on Saturday between the hours of 6.00 am and 6.00 pm.

(c) Payment for ordinary hours worked on Saturday is provided in accordance with clause 24.2(a).

(d) Where an employee of the establishment is engaged in retail and/or wholesale of fresh meat and/or meat products and any ancillary products, clause 14.4 will not apply and clause 14.5 will apply to the employee.

14.5 Meat retail establishments (including employees of meat processing establishments and meat manufacturing establishments engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Ordinary hours for these establishments are worked between:

Days | Spread of hours

Monday to Friday | 4.00 am–9.00 pm

Saturday | 4.00 am–6.00 pm

Sunday | 8.00 am–6.00 pm

(b) Payment for ordinary hours on weekends will be in accordance with clause 24.3.

(c) Load out areas

Notwithstanding clause 14.5(a), in load out areas involving the receipt, storage, inspection, load out and delivery of meat or meat products, the ordinary hours may be worked between 10.00 pm and 4.00 pm (the following day), Sunday to Saturday. Payment will be in accordance with clause 24.3(d).

(d) Weekends off

Once every 4 weeks, an employee who works ordinary hours on each Sunday over a 152 hour work cycle must be given 3 consecutive days off which will include Saturday and Sunday. Any alternative arrangements between the employer and the employee must be by mutual agreement and in writing and signed by each of the parties.

(e) Spread of hours for particular employees performing meat retail establishment duties

Where an employee of an establishment covered by this award is called upon to perform meat retail establishment duties, the hours of work provisions for the employee will be all the provisions associated with a meat retail establishment as contained in clause 14.5.

14.6 Methods of arranging ordinary working hours

(a) Clause 14.6 applies to all establishments.

(b) Matters upon which agreement may be reached include:

(i) how the hours are to be averaged within a work cycle established;

(ii) the duration of the work cycle for day workers provided that such duration does not exceed 3 months;

(iii) rosters which specify the starting and finishing times of working hours;

(iv) a period of notice of a rostered day off which is less than 4 weeks;

(v) substitution of rostered day off;

(vi) accumulation of rostered days off;

(vii) arrangements which allow for flexibility in relation to the taking of rostered days off; and

(viii) arrangements of ordinary hours overall.

14.7 Rostering

(a) The employer must post a roster in the premises, showing the starting and finishing times for ordinary hours for employees.

(b) Starting and finishing times appearing on the roster will be for a period which is not less than one week in length.

(c) This roster may be amended by the employer provided 36 hours’ notice is given. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 32—Consultation about major workplace .

14.8 Make-up time

An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

15. Breaks

[Varied by PR743432]

15.1 Unpaid meal breaks

(a) No employee will work for longer than 5 hours without a minimum 30 minute unpaid meal break. Any alternative arrangements between the employer and the employee must be by mutual agreement between the parties.

[15.1(b) varied by PR743432 ppc 11Jul22]

(b) An employee called upon to work during meal break will be paid at overtime rates for that period.

15.2 Paid rest breaks—meat processing establishments only

(a) Subject to the other parts of clause 15.2, employees whose duties are integral to the operation of a mechanised chain, conveyor, or other similar constantly moving system of production, or a non-mechanised rail system of conveyance, will be entitled to a rest break of 10 minutes during their ordinary hours of work, to be taken in the first half of the day or shift, at a time to be decided by the employer.

(b) Employees whose duties are integral to the operation in clause 15.2(a) means employees of the following classifications who are engaged to work on or in close connection with the relevant system of production or conveyance, namely:

(i) Slaughtering operations—slaughterers, knife-hands, gut-room labourers, tripe room labourers; and

(ii) Boning operations—boners, slicers, packers (including cryovac operators and scalers, where employed as part of a packing team), pre-trimmers and employees engaged to push carcases or sides to or from slaughterers or boners on rail systems.

(c) A rest break taken in accordance with clause 15.2(a) will count as ordinary time worked.

(d) Clause 15.2 will not apply to a meat processing establishment unless it employs a total of more than 15 employees referred to in clauses 15.2(a) and 15.2(b).

(e) The employer and the majority of employees in any establishment or section of an establishment may, in relation to the rest break provided in clause 15.2(a) agree to:

(i) extend or reduce the length of the rest break;

(ii) split the break into different periods, or add further rest breaks;

(iii) forego the taking of a rest break;

(iv) forego payment for all or part of any rest break provided in clause 15.2; or

(v) an alternative arrangement.

(f) An employee is not entitled to a rest break under clause 15.2(a) unless the employee is rostered to work at least a total of 4 hours on that day or shift.

15.3 Interruption of work

If an interruption of work for any cause occurs within 20 minutes of the commencement of a rest break or within 20 minutes of a normal meal break, the employer may direct that the rest break or meal break be taken. Provided that where there is a breakdown of machinery within one hour of the time of the normal meal break, the employer may require employees to have their meal break at an earlier time.

15.4 Shiftworkers

An employer must provide a shiftworker, except a shiftworker engaged on a three-shift system, with either:

(a) an unpaid meal break in accordance with clause 15.1(a); or

(b) crib time of 30 minutes after working 5 hours, which will be counted as time worked and to be taken at a time agreed between the employer and a majority of employees directly concerned.

Part 4—Wages and Allowances

18. Payment by results

18.1 Clause 18 applies only to meat processing establishments.

18.2 Subject to the provisions of clause 18 an employer may elect to pay employees under an incentive payment system (as an alternative to the timework payment system provided in this award).

18.3 An incentive payment system may apply to the whole of a workplace or enterprise covered by this award or a section or sections of such workplace or the specified categories of employees within the workplace and, to the extent of any inconsistency, will prevail over the timework payment system provided in this award whilst the incentive payment system remains in force.

18.4 The terms and conditions of any incentive payment system and any agreed modification to such system will be:

(a) fully explained by the employer to all employees working under such system prior to implementation;

(b) committed to writing by the employer in a form that enables the operation of the system to be readily understood, and allows employees to monitor accrual of entitlements under the system; and

(c) made available by the employer in written form to all employees covered by the system, upon request, or to an employee.

18.5 The information upon which payments under an incentive system are calculated, and all payments made and other benefits provided to employees under a system must be recorded in writing in the time and wages records of the employer kept in accordance with the requirements of the Act.

18.6 Subject to clause 18, all wages and other entitlements payable to an employee in accordance with an incentive payment system under clause 18, will be payable to the employee as if the terms of the incentive payment system were terms of this award.

18.7 Once implemented, any incentive payment system may only be modified by agreement between the employer and the majority of employees covered by the system. Unless expressly agreed by the employer and a majority of employees no modification to the system will operate so as to detract from or reduce accrued or accruing rights in respect of work performed by employees prior to the implementation of the modification.

18.8 Nothing in clause 18.11 will affect the right of an employer or a majority of employees to terminate any incentive payment system under clause 18.11 in cases where no modification of the system is sought.

18.9 Subject to this award, NES and the Act, the minimum ordinary time earnings for a day or week for employees working in accordance with an incentive payment scheme will be based on the rate of pay prescribed by clause 16—Minimum rates for the classification of the employee plus:

(a) for daily hire employees, an incentive loading of 20% of the employees classification rate, and a daily hire loading of 10% of the employees classification rate;

(b) for casual employees, an incentive loading of 20% of the employees classification rate, and a further casual loading of 25% of the employees classification rate; or

(c) for all other employees, an incentive loading of 20% of the employees classification rate.

18.10 Employees working in accordance with an incentive payment system who perform work in overtime hours defined in clause 22—Overtime or on Saturdays, Sundays or public holidays, will be entitled to minimum payments for all work performed during such times which are no less than the payments to which such employees would be entitled for such time periods worked pursuant to clauses 14—Ordinary hours of work and rostering, clause 22—Overtime and clause 31—Public holidays.

18.11 Subject to clause 18.7 the employer or the majority of the employees covered by any incentive payment system may elect at any time to terminate any such system in force, either in relation to the whole of an establishment or enterprise or any part thereof, upon giving not less than 2 months’ notice of their intention to do so.

18.12 All payments made to employees working under an incentive payment system for work performed during ordinary hours must be treated as the ordinary time rate for the purpose of calculating payment for annual leave, sick leave, public holidays and other paid leave under the award. The weekly rate of pay for such purposes will be calculated by dividing all payment for work performed in ordinary hours over the 12 months’ preceding the taking of leave, by the number of weeks during which any such work was performed. The daily rate of pay will be the appropriate pro rata percentage of the weekly rate.

18.13 If an employee is a member of a union, the employee may be represented by a union in meeting and conferring with the employer about the implementation of clause 18, and in such case, the union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of clause 18. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed arrangements.

18.14 For the purpose of clause 18, the following will apply:

(a) incentive payment system means a system of payment whereby the rate or quantum of wages is calculated for each day, shift or week by direct reference to the amount of work performed by the employee, either individually or as a member of a team; and

(b) timework payment system means a system of payment whereby the rate or quantum of wages is calculated for each day, shift or week (or part thereof) worked by reference to the time worked by employees, irrespective of the amount of work actually performed during that time, whether or not expected or predicted levels of production are agreed or specified during such work time.

18.15 Transitional

(a) As at 1 January 2010 if an employer elected to maintain in force an incentive payment system that was in force and effect immediately prior to that date, then the employer will be taken to have elected to implement that system in accordance with clause 18.2.

(b) If an employer elects to maintain an existing incentive payment scheme under clause 18, that scheme will apply from that date in the same manner as if the scheme was implemented for the first time under clause 18.

23. Shiftwork

23.1 Hours of work—shiftwork

(a) Shifts may be worked on any work covered by this award.

(b) The ordinary hours of work for full-time shiftworkers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days, subject to clauses 23.1(b)(i) and 23.1(b)(ii). The ordinary hours of work for a part-time employee with be in accordance clause 10—Part-time employees and for a casual employee will be in accordance with clause 12—Casual employees.

(i) Where the employer and the majority of affected employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(ii) In the absence of agreement between the employer and employee, by the employer giving not less than 7 days’ notice to each employee of such proposed change of times.

(c) The ordinary hours of work are to be worked continuously, except for meal and any rest breaks, at the discretion of the employer.

(d) Except at changeover of shift an employee will not be required to work more than one shift in each 24 hours.

(e) Transfer of an employee from day work to shiftwork, or from shiftwork to day work, will be by agreement between the employer and the employee.

(f) Shifts may be worked on a one-shift, 2 shift or 3 shift system.

23.2 Shiftwork definitions

For the purpose of clause 23:

afternoon shift means any shift commencing at or after 2.00 pm and finishing at or before midnight.

day shift in a three-shift system means any shift finishing at or after 2.00 pm and at or before 4.00 pm.

fixed night shift means a night shift on which an employee is not allowed to rotate so as to give the employee at least one week in each 3 consecutive weeks on another shift or shifts.

night shift means any shift finishing subsequent to midnight and at or before 9.00 am.

non-successive shift means afternoon or night shifts which do not continue for at least 5 successive afternoon or night shifts.

23.3 Shiftwork rates

(a) Afternoon shift

A shiftworker will be paid 115% of the minimum hourly rate for all ordinary hours worked on afternoon shift.

(b) Night shift

A shiftworker will be paid 125% of the minimum hourly rate for all ordinary hours worked on night shift.

(c) Fixed night shift

A shiftworker will be paid 130% of the minimum hourly rate for all ordinary hours worked on fixed night shift.

(d) Non successive shifts

A shiftworker will be paid:

(i) 150% of the minimum hourly rate for the first 3 hours; and

(ii) 200% of the minimum hourly rate thereafter,

for all ordinary hours worked on non-successive afternoon or night shifts.

(e) Casual shiftwork

A casual shiftworker will be paid the appropriate shift rate and the 25% casual loading (as prescribed by clause 12.4) based on the minimum hourly rate in clause 16.1 for the classification in which the casual employee is employed. For example, a casual employee working on afternoon shift would be paid 140% of the minimum hourly rate.

(f) Cleaners—shiftwork rates and cleaning penalty rates not cumulative

Where a cleaning employee is entitled to a penalty rate under clause 24.4 and a shiftwork rate under clause 23.3 in relation to the same shift, the employee will only be entitled to payment of the higher penalty rate and not both.

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

23.4 Meal break—shiftworkers

Meal breaks for shiftworkers are provided in accordance with clause 15.4.

23.5 Altering starting times

Unless otherwise agreed, an individual employee who is required to alter their starting time to enable the management to make provision for a replacement will be given at least 24 hours’ notice of the change. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 33—Consultation about changes to rosters or hours of work.

23.6 Three-shift systems

Employees engaged on a three-shift system will rotate between shifts unless otherwise agreed between the employer and employees directly concerned.

23.7 Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(a) proper health monitoring procedures being introduced;

(b) suitable roster arrangements being made;

(c) proper supervision being provided;

(d) adequate breaks being provided; and

(e) an adequate trial or review process being undertaken.