|
AWARD 1993 |
W0142 [loose-leaf version]
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION
WESTERN AUSTRALIA SHEARING
CONTRACTORS AWARD 1993
This award as varied to 17 August 1999 (variation V001)
comprises pages:
[Note: variation V001 (included) referred to Commissioner
O’Connor for clarification
re: A.11, A.12, A.13 and A.23]
1 2 3
4 5 6 7 8
9 10
11 12 13
14 15 16 17 18
19 20
21 22
<Total number of pages = 23>
Note: This award has been repaginated.
DISCLAIMER
Please note
that this consolidated award is prepared by the Australian Industrial Registry,
and is believed to be accurate but no warranty of accuracy or reliability is
given and no liability is accepted for errors or omissions or loss or damage
suffered as a result of a person acting in reliance thereon.
Official copies of Australian Industrial Relations
Commission decisions, awards and orders can be purchased from the Australian
Industrial Registry in each capital city.
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Industrial Relations Act 1988
s.99 notification of industrial dispute
The Australian Workers’ Union
and
Australian Mutual Provident Society and others
(C No. 21635 of 1991)
Shearing contractors Agricultural
industry
COMMISSIONER MERRIMAN MELBOURNE,
26 APRIL 1994
ORDER
A. Further to
the decision issued by the Commission on 12 March 1993 [Print K6973] and the
supplementary decision issued on 10 December 1993 [Print L0330] the following
award is made:
1 - TITLE
This award shall
be known as the Western Australia Shearing Contractors Award 1993.
2 - ARRANGEMENT
[2 varied by V001 from 31Aug99]
This award
shall be arranged as follows:
Subject
matter Clause
no.
Absence
from work, leaving, discharge 12
Absorption 29
Allowance
where sleeping quarters are not provided 13
Anti–discrimination 30
Arrangement 2
Breakdown
of machinery - allowance for delays and
termination
of agreements 25
Definitions 3
Delivery of
mail 28
Dispute
resolution 22
Employment
of learners 20
Engagement
of shearers, shedhands, woolpressers and cooks 7
Enterprise
flexibility 21
2 – contd
Subject
matter Clause
no.
Equipment
of sheds 24
Hours of
work 8
Injuries to
sheep 16
Medical
supplies 27
Operation
and duration 6
Parties
bound 4
Payment of
wages 11
Posting of
tallies and details of wool pressed 10
Rates of
pay 19
Right of
entry 17
Scope and
locality 5
Superannuation 18
Supply of
minimum facilities 14
Supply of
soap, water and disinfectant 26
Title 1
Transport
whilst at shed 23
Use of
certain combs prohibited 9
Yarding
sheep for shearing 15
Schedule A
3 - DEFINITIONS
For the
purposes of this award:
(a) “Commission” means the Australian
Industrial Relations Commission.
(b) “Commissioner” means a member of the
Australian Industrial Relations Commission.
(c) “Employers” means each of those persons, firms, companies or
bodies whose names appear in Schedule A of this award.
(d) “Union” means The Australian Workers’
Union.
4 - PARTIES BOUND:
This award
shall be binding upon:
(a) The Australian Workers’ Union, its officers
and members; and
(b) The employers named in Schedule A of this award in relation to
their employees whose work is covered by this award.
5 - SCOPE AND LOCALITY
(a) The scope of this award regulates all of the work performed in
and being incidental to the shearing and crutching of sheep. It includes the
work of penning up, shearing; roustabouting, wool pressing, cooking and any
other necessary and incidental task; but does not include wool classing or
mustering.
(b) The locality of this award is the State of
Western Australia.
6 - OPERATION AND DURATION
The award
shall come into force on and from 12 March 1993 and shall remain in force until
30 April 1994.
7 - ENGAGEMENT OF SHEARERS, SHEDHANDS, WOOLPRESSERS
AND COOKS
(a) At the commencement of work for which an employee bound by this
award has been engaged, the employer and the employee may sign a written
agreement the terms of which are mutually agreed, but which are not
inconsistent with this award.
(b) The rates of pay, failing mutual agreement,
shall be those prescribed in this award.
(c) The employer at its option shall engage the
employee at either “found” or “not found” rates of pay.
8 – HOURS OF WORK
Shearers and crutchers
(a) Work shall be performed in two hour runs with at least a thirty
minute break between the first and second run and the third and fourth run and
with a one hour break between the second and third run. Only in exceptional
circumstances, or where there is a desire to finish a shed, shall more than
four runs be permitted in any day or the breaks prescribed reduced and, if
reduced, shall not be by less than twenty minutes in lieu of thirty and
forty-five minutes in lieu of sixty. Any change to the run times or break
periods will only occur by agreement between the employer and employees.
Cooks
(b) Cooks should work the hours necessary to
provide the meals as required and to clean up after such meals.
Woolpressers and shedhands
(c) (i) The working hours
of a shedhand; woolpresser or woolpresser/shedhand (combined duties) shall be
the same as the working hours of the shearers or crutchers with such additional
time each day as may be necessary to complete their duties for the day.
8(c) - contd
(ii) Penners-up shall work such a time
additional to the working hours of the shearers or crutchers as may be
necessary to keep the shearers or crutchers supplied with sheep.
9 - USE OF CERTAIN COMBS PROHIBITED
(a) Unless an employee elects to do so with the
express approval of his employer; no shearer or crutcher shall use or be
required to use any comb wider than 64mm between the points of the outside
teeth.
Provided that in any case no shearer or crutcher shall
use or be permitted to use any comb wider than 92mm between the points of the
outside teeth.
(b) Provided further that subject to fair wear
and tear as to thickness, all combs used by a shearer or crutcher shall comply in
all respects with the manufacturer’s specifications for that particular comb.
(c) There shall be established under the aegis
of the Commission a committee with membership open to nominated representatives
of the Union. the employers and manufacturers to investigate and report to the
Commission on the following:
(i) The design parameters for a standard width
comb with the capacity to successfully shear and crutch all types of sheep in
Australia.
(ii) Any new method or device developed for the
shearing or crutching of sheep, including the technological advancement of
existing equipment which would require an award variation.
10 – POSTING OF TALLIES AND DETAILS OF WOOL PRESSED
(a) The employer shall cause the total tally of each day for each of
the shearers or crutchers to be available before the next day, except on the
last day.
(b) The presser shall have access at all
convenient times to the books showing the amount of wool pressed.
11 - PAYMENT OF WAGES
At the commencement of shearing, the employer or his
agent, shall appoint a certain day upon which he shall in each and every week,
if so required, pay to the employee, or on the employee’s order, the amount due
over and above one week’s earnings.
12 - ABSENCE FROM WORK, LEAVING, DISCHARGE
(a) Every employee, other than a cook, will be at the shearing shed
ready to begin work on the day appointed. If he is not ready to begin by
noon on that date the employer may treat him as having repudiated the contract
of employment and shall not be bound to keep a position open for him.
(b) A cook engaged for shearing or crutching operations will attend
for duty not later than the time fixed for the commencement of the shearing and
if he does not so attend the employer may treat him as having repudiated his
agreement and may treat the employment as determined.
(c) The employee will not absent himself from
work except as hereinafter provided.
(d) (i) The employee may
be discharged by the employer for incompetence or for misconduct.
. (ii) The employee may leave in consequence of
accident, sickness or other urgent necessity.
(iii) The employee may leave with the permission
of the employer.
(e) When an employee leaves or is discharged, as provided in subclause
(d) hereof, the employer will pay the employee in full to the extent of the
work done by him after deducting any sum for which the employee is liable to
the employer under this award (and, if the employee is “not found”, after
deducting in addition the award daily mess deduction per day or any higher rate
per day that the majority of the members “not found” of the mess remaining fix
for his share of the mess to the date of leaving, and the amount deducted
shall, after payment of the cook, be placed to the credit of the mess account).
(f) When an employee leaves his employment otherwise than, as
provided in subclause (d) hereof, the employer shall deduct from the wages due
to the employee the deduction specified in subclause (e) hereof and in addition
a shearer or crutcher shall forfeit not more than $666.00 to the employer and
as to other employees an amount equivalent to one days wages.
(g) An employee not attending for duty shall
lose his pay for the actual time of such non-attendance.
13 – ALLOWANCE WHERE SLEEPING QUARTERS ARE NOT PROVIDED
(a) Where the employee does not reside during a shearing (or
crutching) at his home or usual place of residence and the employee is forced
to obtain and pay for sleeping quarters because the employer is unable to
provide sleeping quarters, the employee shall be paid a mutually agreed
allowance.
(b) Where the employer cannot provide sleeping quarters and
an employee resides during a shearing (or crutching) at his home or usual place
of residence and travels daily to the shed, the employee shall be paid a
mutually agreed travelling allowance.
14 - SUPPLY OF MINIMUM FACILITIES
The employer shall ensure that at each shearing shed there
are proper and adequate facilities to enable a decent standard of comfort and
dignity.
15 - YARDING SHEEP FOR SHEARING
(a) At shearing operations the employer shall, unless prevented by
any cause unavoidable by him, yard the sheep for shearing at least eight hours before
the time of their being shorn so as to overcome any fullness or sweat wet in
such sheep and the employee shall thereupon shear such sheep with all
reasonable dispatch and without delay whatsoever.
(b) This clause shall not apply in the case of:
(i) ewes within
the two months immediately preceding lambing;
(ii) ewes with lambs up to three months old;
(iii) sheep which have previously been yarded for
shearing but have been turned out because they are too wet to shear.
16 - INJURIES TO SHEEP
(a) The employee shall not kick, kneel upon or
otherwise injure or ill-use any sheep.
(b) If a shearer or crutcher badly cuts a sheep the employee will at
once sew the cut or dress the sheep as directed by the overseer.
(c) If an employee accidentally seriously injures any sheep or cuts
the teat or the vulva of any ewe or the pizzle of any ram or wether, the sheep
will, at the option of the employer:
(i) be kept by the owner of the sheep or;
(ii) if fit for food, be charged to the mess
account at the mess rate.
(d) If an employee intentionally injures a sheep he may be charged
an amount of up to $20.00 per sheep so injured. This amount to be paid to the
owner of the sheep.
(e) The employee shall immediately report the fact of the injury or
cut which requires one or more stitches to the person in charge of the shed and
if he fails so to report he may be charged, in addition to any of the foregoing
charges, a further amount not being more than $10.00 in respect of each sheep
concerned.
17 – RIGHT OF ENTRY
(a) A duly accredited representative of the
Union may:
(i) For the purpose of ensuring observance of
this award, enter premises where work covered by this award is being carried on
and may for that purpose inspect any work and wage books and records; and
(ii) For the purpose of interviewing employees
on legitimate Union business, interview employees on the property during
smokos, meal breaks or outside the ordinary working hours.
Provided
that in each case:
(1) He shall, at the earliest possible time,
inform the employer or his representative of the purpose of his visit
and produce his authority when requested; and
(2) He does not interfere with or interrupt
work being carried on.
(b) A representative of the Union shall be a duly accredited
representative if he be the holder for the time being of a certificate, signed
by the particular State Branch Secretary of the Union, in the following form;
This is to certify.......................................
is a duly accredited representative of the Australian Workers Union for all
purposes of the Western Australia Shearing Contractors Award 1993 made under
the Industrial Relations Act.
................................................(Branch
Secretary)
...........................................................
(date)
..................................................................
(Specimen
signature of holder)