4. Coverage

4.1 This industry award covers employers throughout Australia in the poultry processing industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 The poultry processing industry means the killing, processing, preparation, packing, wholesaling and distribution of uncooked poultry, poultry products and poultry by‑products and, where the cooking is incidental to the aforementioned, cooked poultry, poultry products and poultry by-products.

4.3 This award covers any employer which supplies labour on an on-hire basis in the poultry processing 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 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers employers which provide group training services for trainees engaged in the poultry processing 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 in clauses 4.1 and 4.2 are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 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.

4.6 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.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

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

9. Full-time employees

A full-time employee is engaged to work an average of 38 ordinary hours per week.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work an average of less than 38 ordinary hours per week; and

(b) 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 For each ordinary hour worked, a part-time employee must be paid no less than 1/38th of the minimum weekly rate for the relevant classification in this award.

10.3 The employer must inform the part-time employee of the employee’s ordinary hours of work and starting and finishing times.

10.4 A part-time employee must be engaged for a minimum of 3 consecutive hours on any day or shift.

10.5 A part-time employee’s rostered hours of work can be altered by a minimum of 48 hours’ notice. See clause 28—Consultation about changes to rosters or hours of work.

11. Casual employees

[Varied by PR723953, PR733892, PR777307]

[11.1 deleted by PR733892 from 27Sep21]

[11.2 renumbered as 11.1 by PR733892 from 27Sep21]

11.1 For each engagement, a casual employee must be paid for a minimum of 3 hours.

11.2 Casual loading

[11.3 substituted by PR723953 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733892 from 27Sep21]

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

(i) the ordinary hourly rate for the classification in which they are employed; and

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

(b) Where any other penalty is paid for working ordinary hours the calculation of such penalty must be based on the minimum hourly rate for the classification.

(c) The casual loading is not paid for overtime or time worked on Saturday, Sunday or a public holiday.

11.3 Changes to casual employment status

[11.4 renumbered as 11.3 and renamed and substituted by PR733892 from 27Sep21; renamed and substituted by PR777307 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 29—Dispute resolution.

13. Ordinary hours of work

13.1 Ordinary hours

(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b) Except as provided elsewhere in this award:

(i) the ordinary hours of work for a full-time employee are an average of 38 per week; and

(ii) an employee will not work more than 10 ordinary hours per day or 152 over 28 days.

13.2 Ordinary hours—day workers

(a) Ordinary hours for a day worker may be worked on any or all days, Monday to Friday. Ordinary hours may also be worked on Saturday and Sunday, subject to agreement between the employer and a majority of affected employees, or the employer and an individual employee. If agreement is reached in accordance with clause 13.2(a), the additional rates in clause 20.2 apply.

(b) Ordinary hours of work are to be worked continuously, except for meal and rest breaks, at the discretion of the employer, between the hours of 5.00 am and 5.00 pm. The spread of hours (5.00 am to 5.00 pm) may be altered by up to one hour at either or both ends of the spread, by agreement between an employer and the majority of affected employees, or in appropriate circumstances, between the employer and an individual employee. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause28––Consultation about changes to rosters or hours of work.

(c) The employer and a majority of affected employees may agree that the ordinary hours for a day worker be up to 12 hours per day.

13.3 Ordinary hours—shiftworkers

(a) Ordinary hours for a shiftworker may be worked on any or all days, Monday to Sunday. The ordinary hours are up to 10 hours per day, inclusive of meal breaks.

(b) The employer and a majority of affected employees may agree that the ordinary hours for a shiftworker be up to 12 hours per day, inclusive of meal breaks, worked Monday to Sunday.

(c) Shift notice

(i) An employee must be given at least 48 hours’ notice of a requirement to work shiftwork and any alteration to their hours of work. By agreement between an employer and an employee, the notice requirement may be waived.

(ii) The hours for a shiftworker when fixed may be varied for breakdowns or other causes beyond the control of the employer.

(iii) See clause 28—Consultation about changes to rosters or hours of work.

20. Penalty rates

[Varied by PR747390]

20.1 Definitions

For the purposes of this award:

(a) Early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am; and

(b) Afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight; and

(c) Night shift means a shift finishing after midnight and at or before 8.00 am; and

(d) Permanent night shift employee is an employee who:

(i) works night shift only; or

(ii) stays on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

20.2 An employee will be paid the following rates for all ordinary hours worked during the following periods.

Ordinary hours worked on: | % ordinary hourly rate

Monday to Friday—shiftworkers |

Early morning shift | 110

Afternoon shift or night shift | 115

Permanent night shift | 125

Weekend work—all employees (including shiftworkers) |

Saturday | 150

Sunday | 175

Public holiday | 250

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

20.3 A shiftworker who is required to work on a public holiday must be paid for a minimum of 4 hours.

[New 20.4 inserted by PR747390 ppc 14Nov22]

20.4 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 20.3.

[20.4 renumbered as 20.5 by PR747390 ppc 14Nov22]

20.5 A shiftworker who is required and works overtime must be paid overtime in accordance with clause 19—Overtime.

Part 6—Leave, Public Holidays

28. Consultation about changes to rosters or hours of work

28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

28.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

28.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.