egg processing award 1978

Egg Processing Award 1978

1. – TITLE

This Award shall be known as the Egg Processing Award 1978 and replaces Award No. 19 of 1964 as amended and consolidated and further amended.

1A. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise

provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more is $665.90 per week payable

on and from the commencement of the first pay period on or after 1 July 2014.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State

Wage Case Decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece

workers or employees who are remunerated wholly on the basis of payment by result shall not be paid

less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the

percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or

Jobskill placements or employed under the Commonwealth Government Supported Wage System or to

other categories of employees who by prescription are paid less than the minimum award rate, provided

that no employee shall be paid less than any applicable minimum rate of pay prescribed by the

Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or

otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more

payable under the 2014 State Wage order decision. Any increase arising from the insertion of the

minimum wage will be offset against any equivalent amount in rates of pay received by employees

whose wages and conditions of employment are regulated by this award which are above the wage

rates prescribed in the award. Such above award payments include wages payable pursuant to

enterprise agreements, consent awards or award variations to give effect to enterprise agreements and

over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles,

excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not

be paid less than $572.20 per week on and from the commencement of the first pay period on

or after 1 July 2014.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on

superannuation and during any period of paid leave prescribed by this award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the

ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual

year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult

apprentice in force immediately prior to 5 June 2003.

2. - ARRANGEMENT

1. Title

1A. Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Area

5. Term

6. Definitions

7. Hours

8. Overtime

9. Shift Work

10. Part Time Workers

11. Contract of Service

12. Mixed Functions 13. Meal Interval

14. Wages

15. Time and Wages Record

16. Payment of Wages

17. Holidays

18. Annual Leave

19. Absence through Sickness

20. Long Service Leave

21. Bereavement Leave

22. Under Rate Workers

23. No Reduction

24. General Conditions

25. Inspection by Union

26. Union Notice and Posting of Award

27. Maternity Leave

28. Training Leave

29. Trade Union Training Leave 30. Workplace Consultation

31. Traineeship

Appendix 1 - Resolution of Disputes Requirement

Appendix 2 - S.49B - Inspection Of Records Requirements

Appendix 3 - Old Definitions

Appendix 4 - Transitional Arrangement

3. - SCOPE

This Award shall apply to all workers engaged in or in connection with the handling of eggs including candling,

grading, packing, pulping, dehydrating, oiling, or any other method of preserving and/or processing eggs.

4. - AREA

This Award shall apply throughout the State of Western Australia.

5. - TERM

The terms of this Award shall be for a period of two years from the first pay period commencing on or after the

1st day of March 1979.

6. - DEFINITIONS

Food Processing Employee - Level F1 (Relativity 78%)

Employees who are recruited at this Level perform simple routine duties, work under direct supervision and

receive detailed instruction. Level F1 employees exercise minimum judgement and are responsible for the

quality of their own work within the scope of this level.

1.1 Typical Tasks

Indicative of the tasks an employee at this level may perform are the following:

1.1.1 Undertaking induction training.

1.1.2 Performing a range of general labouring and cleaning duties.

1.2 Promotional Criteria

Employees remain at this level until such time as they have satisfactorily completed an induction

program which enables them to meet the competency requirements of Level F2. An induction program is conducted over a period of 3 months.

An induction program covers:-

1.2.1 Basic occupational health and safety.

1.2.2 Basic food hygiene requirements.

1.2.3 Conditions of employment.

1.2.4 Board policies/objectives.

1.2.5 Plant layout and material location.

1.2.6 Workplace training to meet the requirements of being able to competently perform work

within the scope of a Food Processing Employee - Level F2.


Employees at this Level perform a range of tasks and in so doing, work above and beyond the skills of an

employee at Level F1 and to the level of their training:-

Work under direct supervision either individually or in a team environment.

Understand and undertake basic quality assurance procedures including the ability to recognise basic

quality deviations and faults.

Communicate with team members in minimal decision making.

Exercise discretion within their level of skills and training.

2.1 Typical Tasks

Indicative of the tasks which an employee at this level may perform are the following:-

2.1.1 Undertaking training to enable entry into Level F3.

2.1.2 Apply basic food safety practices including Personal and Food hygiene and maintain a clean

and orderly work area.

2.1.3 Manual packing of products to meet company standards.

2.1.4 Using manual handling equipment following OH &S and Food safety principles.

2.1.5. Stack and prepare for storage raw and finished products.

2.1.6. Stocktaking of raw and packaging material within the scope of training at level F2.

2.1.7 Identify basic machine faults and report to appropriate employee.

2.1.8 Machine packaging of product within the scope of Level F2 (would not include machine

operation or adjustment.

2.1.9 Assembling products for customer orders applying safe handling practices and basic

mathematical concepts.

2.1.10 Candling/cracking of product using automatic and semi-automatic machinery applying basic

quality assurance principles (would not include machine operation or adjustment).

2.1.11 Packing, stacking and shrink wrapping of product using any fixed or mobile equipment as aids

to the task (would not include machine operation or adjustment).

2.1.12 Assist communication in the workplace by maintaining basic production records.


Employees may be promoted to Level F3 when:-

2.2.1 They can competently carry out all tasks of a Level F2 employee.

2.2.2 A position becomes available and they are selected to fill the vacancy,

Food Processing Employee - Level F3 (Relativity 87.4%)

Employees at this Level have completed training to enable the employees to perform work within the scope of this Level.

Employees at this Level:-

Are responsible for the quality of their own work subject to routine supervision.

Work under supervision either individually or in a team environment.

Exercise discretion within their Level of skills and training.

May coordinate small work teams of Level 2 employees.

3.1 Typical Skills

Indicative of the tasks which an employee at this Level may perform are the following:-

3.1.1 Undertake training to enable entry into Level F4.

3.1.2 May be required to perform any of the duties of a lower level.

3.1.3 Use information technology (eg basic keyboard skills).

3.1.4 Implement the quality system (monitor quality of product to specifications).

3.1.5 Implement the Food Safety plan.

3.1.6 Implement OH&S principles.

3.1.7 Collect, present and apply routine workplace data (includes sampling products, recording test

results and presenting results to appropriate personnel).

3.1.8 Participate in teams (including assisting supervisors in training of employees at a lower level).

3.1.9 Conduct routine preventative maintenance (minor adjustments within the scope of this level).

3.1.10 Operate a mixing/blending process.

3.1.11 Drive forklift trucks (to licence standard)


3.2.1 They can competently carry out all tasks of a Level 3 employee.

3.2.2 A position becomes available and they are selected to fill the vacancy.

Food Processing Employee - Level F4 (Relativity 92.4%)

Employees at this Level have completed training to enable the employees to perform work within the scope of

this Level.


Work from instructions and procedures.

Assist in the provision of on the job training.

Have good supervision and interpersonal skills.

Co-ordinate work in a team environment or work individually under general supervision.

Enter production information into the computer system.

4.1 Typical Tasks


4.1.2 Use information technology (eg intermediate keyboard skills).

4.1.3 Participate in teams (including supervising and allocating tasks to employees at a lower level).

4.1.4 Operate a unit of production equipment within the scope of this Level.

4.1.5 Plan to meet work requirements.

4.1.6 Clean and sanitise equipment.


4.2.1 They can competently perform all the tasks of a Level 4 employee.

4.2.2 A position becomes available and they are selected to fill the vacancy.


Employees at this level have completed approved courses in the development of supervisory skills. For

example; TAFE Supervision Certificate or equivalent.


Work from instructions and procedures.

Plan and deliver on and off the job training.

Are competent in the supervision of employees.

Facilitate work in a team environment.

Enter production information into the computer system.

Exercise good interpersonal skills appropriate to this level.

Would be expected to organise and control the work output of a section.

5.1 Typical Tasks


5.1.2 Analyse and convey workplace information.

5.1.3 Monitor the implementation of OH&S.

5.1.4 Monitor the implementation of the quality system.

5.1.5 Monitor the implementation of the food safety plan.

5.1.6 Operate a production system.

5.1.7 Participate in a HACCP Team.

5.1.8 Diagnose and rectify equipment faults.

5.1.9 Undertake training to Category 1 level.

7. - HOURS

The ordinary hours of duty shall be 38 per week, worked in accordance with the following provisions for a four

week work cycle:

(1) The ordinary working hours shall be worked as a 19 day four week cycle of eight hours each on

Monday to Friday inclusive, subject to Clause 9. - Shift Work of this award, between the hours of 6.00

a.m. to 6.00 p.m., with 0.4 of one hour of each day worked accruing as an entitlement to take one day

off in each four week cycle as a rostered day off paid for as though worked.

(2) The accrued day off shall be a Monday or a Friday, provided however that by agreement in writing

between the employer and the worker an alternate day may be substituted for the day a worker is to

take off and where such agreement is reached all provisions of this award shall apply to such day.

(3) Where such rostered day off falls on a Public Holiday as prescribed in Clause 17. - Holidays, the next

working day shall be taken in lieu of the rostered day off unless an alternate day in that four weekly

cycle is agreed in writing between the employer and the worker.

(4) Where a rostered day off coincides with any period of compassionate leave, long service leave, or

special leave, granted by the employer, no additional or substitute day shall be granted.

(5) In the case of breakdown in machinery or in other circumstances beyond the control of the employer or

in some other emergency situation as agreed between the parties, the rostered day off may be

substituted with another day. Where practicable such other day is to be within the then four weekly

cycle.

(6) The starting and finishing times shall only be altered by the employer giving seven days notice to the

workers of such alteration, except where otherwise agreed between the employer and the union.

(7) The provisions of this clause shall not apply to casual or part-time workers.

(8) Each worker shall be advised by the employer at least four weeks in advance of the rostered day they

are to take off.

8. - OVERTIME

(1) All time worked in excess of eight hours per day or before the usual starting time or after the usual

finishing time shall be paid for at the rate of time and a half for the first two hours and double time

thereafter.

(2) (a) All work performed after twelve noon Saturday or on a Sunday shall be paid for at the rate of

double time.

(b) All work performed on any of the days described in subclause (1) of clause 17 - Holidays of

this Award shall be paid for at the rate of double time and a half subject to the employees

election referred to in subclause (2) of clause 17 - Holidays of this Award.

(3) (a) Where an employee is required to work overtime for more than two hours, without being

notified on the previous day or earlier that he/she will be so required to work, shall be supplied

with a meal by the employer or paid $8.40 for a meal. If the amount of overtime required to

be worked necessitates a second or subsequent meal, the employee shall be provided such a

meal or be paid the amount of $5.70 for each second or subsequent meal.

(b) If an employee in consequence of receiving such notice has provided him/herself with a meal

or meals and is not required to work overtime or is required to work less overtime than

notified, he/she shall be paid the amounts above prescribed in respect of the meals not then

required.

(4) Rest Period:

(a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged

that workers have at least ten consecutive hours off duty between the work of successive days.

(b) A worker (other than a casual worker) who works so much overtime between the termination

of his ordinary work on one day and the commencement of his ordinary work on the next day

that he has not at least ten consecutive hours off duty between those times shall, subject to this

subclause be released after completion of such overtime until he has had ten consecutive hours

off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of his employer, such a worker resumes or continues work without

having had such ten consecutive hours off duty, he shall be paid at double rates until he is

released from duty for such period and he shall then be entitled to be absent until he has had

ten consecutive hours off duty without loss of pay for ordinary working time occurring during

such absence.

(5) (a) Notwithstanding anything contained in this Award, an employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in

accordance with such requirement.

(b) No organisation, party to this Award, or worker or workers covered by this Award shall in any

way, whether directly or indirectly, be a party to or concerned in any ban, limitation or

restriction upon the working of overtime in accordance with the requirements of this

subclause.

(6) When a worker is required to hold himself in readiness for a call to work after ordinary hours, he shall

be paid at ordinary rates for the time he so holds himself in readiness.

(7) When a worker is recalled to work after leaving the job or is required to report for work (and so

reports) on a public holiday or on a day other than an ordinary working day:-

(a) he shall be paid for at least three hours at the appropriate rate for each such occasion, but not

more than once in respect of any period of time;

(b) Time reasonably spent in getting to and from work shall be counted as time worked.

9. - SHIFT WORK

(1) An employer may, if he so desires, work his establishment on shifts, but before doing so he shall give

notice of his intention to the Union and of the intended starting and finishing times of ordinary working

hours of the respective shifts.

(2) (a) Where any particular process is carried out on a shift other than day shift, and less than five

consecutive afternoon or five consecutive night shifts are worked on that process then the

workers employed on such afternoon or night shifts shall be paid at overtime rates.

(b) The sequence of work shall not be deemed to be broken under the preceding paragraph by

reason of the fact that work on the process is not carried out on a Saturday or Sunday or any

public holiday.

(3) A shift worker shall be paid 15 percent in addition to his ordinary rate of wage when on afternoon or night shift.

(4) Where a worker is not required to work a shift in accordance with his normal roster because of any of

the holidays prescribed in clause 15 - Time and Wages Record of this Award he shall be paid the shift

loading prescribed in subclause (3) of this clause for that shift.

(5) Where three shifts are worked, a meal break of not less than twenty minutes shall be allowed in each

shift and paid for.

(6) The employer may, subject to subclause (1) of this clause, introduce a shift to be worked between the

hours of 3.00 p.m. and 8.00 p.m. on any day Monday to Friday inclusive. On such a shift only that

time worked between 6.00 p.m. and 8.00 p.m. shall be paid for at a rate of ordinary time plus 15%.

10. - PART TIME WORKERS

(1) A part time worker as defined in Clause14 (2) - Wages hereof, shall be paid at the rate of one thirty

eighth of the ordinary rate of wage prescribed by this award for the class of work performed for each

hour worked each week during the hours prescribed in Clause 7. - Hours of this Award.

(2) Payment for annual leave and sick leave for such part time workers pursuant to clause 18. - Annual

Leave and 19. - Sick Leave, of this award, shall be in the proportion that the hours regularly worked

each week bears to 38 hours.

11. - CONTRACT OF SERVICE

(1) (a) Except in the case of a casual worker, the contract of hiring of every worker shall be a weekly

one terminable by one week's notice on either side, given on any working day or in the event

of such notice not being given by the payment of one week's pay by the employer or the

forfeiture of one week's pay by the worker.

Provided this shall not affect the right of an employer to dismiss a worker without notice for

misconduct. A worker dismissed for misconduct other than theft or wilful damage shall be

entitled to the payment of wages up to the time of dismissal.

(b) The contract of service for a casual worker shall be by the hour terminable at any moment by

one hour's notice on either side or in the event of such notice not being given, by the payment

of one hour's pay by the employer or the forfeiture of one hour's pay by the worker.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is

required to present himself for duty, except where such absence from work is due to illness and comes

within the provisions of clause 19 - Absence through Sickness or such absence is on account of holidays to which the worker is entitled under the provisions of this Award.

(3) The employer shall be entitled to deduct payment for any day or portion of a day upon which the

worker cannot usefully be employed because of any strike by the union or unions affiliated with it, or

by any other association or union, or through the breakdown of the employer's machinery or any

stoppage of work by any cause which the employer cannot reasonably prevent.

(4) Where the provisions of subclause (3) apply a worker who reports for work (unless advised by the

employer not to report) shall be paid for a minimum of three hours at his ordinary rate of pay.

12. - MIXED FUNCTIONS

(1) A worker engaged for more than half of one day on duties carrying a higher rate than his ordinary

classification shall be paid the higher rate for such day. If employed for less than half of one day he

shall be paid the higher rate for the time so worked.

(2) A worker's regular rate of wage shall not be reduced whilst he is temporarily employed on work

classified with a lower minimum rate.

13. - MEAL INTERVAL

(1) Not less than thirty minutes nor more than one hour shall be allowed for a meal each day.

(2) No worker shall work more than five and a half hours without being allowed a suitable interval for a

meal.

(3) When a worker is required for duty during any meal time whereby his meal time is postponed for more

than one hour, he shall be paid at overtime rates until he gets his meal.

14. - WAGES

(1) Adult Employees

Relativity Weekly Rate

$

ASNA

$

Total Weekly

Rate

$

Level F5 100% 465.20 297.70 762.90

Level F4 92.4% 429.80 294.50 724.30 Level F3 87.4% 406.60 293.70 700.30

Level F2 82% 381.50 292.80 674.30

Level F1 665.90

The rates of pay in this award include arbitrated safety net adjustments available since December 1993,

under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay

received by employees since 1 November 1991 above the rate prescribed in the Award, except where

such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those

resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(2) Part Time Employee shall mean a worker who works regularly from week to week, less than 38 hours

each week.

(3) Casual Employee shall mean a worker engaged as such.

Casual Employees shall be paid 20 per cent in addition to the rate prescribed in this clause for the work

performed.

15. - TIME AND WAGES RECORD

(1) The employer shall keep or cause to be kept a record or records containing the following particulars:

(a) Name of each worker.

(b) The nature of his work.

(c) The hours worked each day and each week.

(d) The wages and overtime (if any) paid each week

(e) The age of each junior worker.

Any system of automatic recording by machines shall be deemed to comply with this

provision to the extent of the information recorded.

(2) The time and wages record shall be open for inspection by a duly accredited official of the union

during the usual office hours at the employer's office, or other convenient place, and the representative

may be allowed to take extract therefrom.

Before exercising a power of inspection the representative shall give reasonable notice of not less than

24 hours to the employer.

16. - PAYMENT OF WAGES

(1) Wages shall be paid at least weekly.

(2) Not more than two days' wages shall be kept in hand by the employer.

(3) When a worker's services are terminated he/she shall be paid all wages due including any entitlements

accrued pursuant to Clause 7. - Hours before leaving the employers premises, or alternatively (except

in the case of casual workers) a cheque for the amount due may be forwarded to the worker's last

known address within 48 hours of such termination.

17. - HOLIDAYS

(1) (a) The following days, or the days observed in lieu shall, subject as hereinafter provided, be

allowed as holidays without deduction of pay namely: New Year's Day, Australia Day, Good

Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday,

Christmas Day and Boxing Day.

Provided that another day may be taken as a holiday by arrangement between the parties, in

lieu of any of the days named in the subclause.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or on a Sunday

the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a

Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each

case the substituted day shall be a holiday without deduction of pay and the day for which it is

substituted shall not be a holiday.

(2) When a worker is required to work on any of the days prescribed in subclause (1) of this clause he shall be paid pursuant to clause 8 - Overtime of this Award or at the election of the worker he may be paid

time and one half plus a day in lieu to be taken at the mutual convenience of the worker and the

employer.

(3) The provisions of this clause shall not apply to casual workers.

18. - ANNUAL LEAVE

(1) Except as hereinafter provided, a period of four consecutive week's leave with payment as prescribed in

subclause (2) hereof shall be allowed annually to a worker by his employer after a period of twelve

months' continuous service with that employer.

(2) (a) (i) A worker before going on leave shall be paid the wages he would have received in

respect of the ordinary time he would have worked had he not been on leave during

the relevant period.

(ii) Subject to paragraph (c) hereof a worker shall, where applicable, have the amount of

wages to be received for annual leave calculated by including the following:

(aa) The rate applicable to him as prescribed in clause 14 - Wages.

(bb) Subject to paragraph (b)(ii) the rate prescribed for work in ordinary time by

clause 9 - Shift Work of this Award according to the worker's roster or

projected roster including Saturday and Sunday shifts.

(cc) Any other rate to which the worker is entitled in accordance with his

contract of employment for ordinary hours of work.

(b) During a period of annual leave a worker shall receive a loading calculated on the rate of wage

prescribed by paragraph (a)(ii)(aa) of this subclause. The loading shall be as follows:-

(i) Day Workers - A worker who would have worked on day work had he not been on

leave - a loading of 17½ per cent.

(ii) Shift Workers - A worker who would have worked on shift work had he not been on

leave - a loading of 17½ per cent.

Provided that where the worker would have received shift loadings prescribed by clause 9. -

Shift Work had he not been on leave during the relevant period and such loading would have

entitled him to a greater amount than the loading of 17½ per cent then the shift loading shall

be added to the rate of wage prescribed by paragraph (a)(ii)(aa) of this subclause in lieu of the 17½ per cent loading.

Provided further, that if the shift loadings would have entitled him to a lesser amount than the

loading of 17½ per cent then such loading of 17½ per cent shall be added to the rate of wage

prescribed by paragraph (a)(ii)(aa) of this subclause in lieu of the shift loadings.

The loadings prescribed by this subclause shall not apply to proportionate leave on

termination.

(3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in

the case of that worker would have been an ordinary working day there shall be added to that period

one day being an ordinary working day for each such holiday observed as aforesaid

(4) (a) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully

leaves his/her employment, or his employment is terminated by the employer through no fault

of the worker, the worker shall be paid 2.923 hours pay at his ordinary rate of wage in respect

of each completed week of continuous service.

(b) In addition to any payment to which he may be entitled under paragraph (a) hereof, a worker

whose employment terminates after he has completed a twelve monthly qualifying period and

who has not been allowed the leave prescribed under this Award in respect of that qualifying

period shall be given payment in lieu of that leave unless:-

(i) he has been justifiably dismissed for misconduct; and

(ii) The misconduct for which he has been dismissed occurred prior to the completion of

that qualifying period.

(5) Any time in respect of which a worker is absent from work except time for which he is entitled to claim

sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the

purpose of determining his right to annual leave.

(6) In special circumstances and by mutual consent of the employer, the worker and Union concerned,

annual leave may be taken in not more than two periods, but neither period shall be less than one week.

(7) A worker shall be given at least two weeks' notice that he is to take his annual leave.

(8) The provisions of this clause shall not apply to casual workers.

19. - ABSENCE THROUGH SICKNESS

(1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary

hours of work by reason of personal ill health or injury shall be entitled to payment during

such absence in accordance with the following provisions.

(b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed

month of service with the employer.

(c) If in the first or successive years of service with the employer a worker is absent on the ground

of personal ill health or injury for a period longer than his entitlement to paid sick leave,

payment may be adjusted at the end of that year of service, or at the time the worker's services

terminate. If before the end of that year of service, to the extent that the worker has become

entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to

year and subject to this clause may be claimed by the worker if the absence by reason of personal ill

health or injury exceeds the period for which entitlement has accrued during the year at the time of the

absence. Provided that a worker shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably

practicable advise the employer of his inability to attend for work, the nature of his illness or injury and

the estimated duration of the absence. Provided that such advice, other than in extraordinary

circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medical

practitioner dated at the time of the absence or who fails to supply such other proof of the illness or

injury as the employer may reasonably require provided that the worker shall not be required to

produce a certificate from a medical practitioner with respect to absences of two days or less unless

after two such absences in any year of service the employer requests in writing that the next and

subsequent absences in the year if any, shall be accompanied by such certificates.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who

suffers personal ill health or injury during the time when he is absent on annual leave and a

worker may apply for and the employer shall grant paid sick leave in place of paid annual

leave.

(b) Application for replacement shall be made within seven days of resuming work and then only

if the worker was confined to his place of residence or a hospital as a result of his personal ill

health or injury for a period of seven consecutive days or more and he produces a certificate

from a registered medical practitioner that he was so confined. Provided that the provisions of

this paragraph do not relieve the worker of the obligation to advise the employer in accordance

with subclause (3) of this clause if he is unable to attend for work on the working day next

following his annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick

leave to which the worker was entitled at the time he proceeded on annual leave and shall not

be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a),

(b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave

is hereby replaced by the paid sick leave and the replaced annual leave may be taken at

another time mutually agreed to by the employer and the worker or, failing agreement, shall be

added to the worker's next period of annual leave or, if termination occurs before then, be paid

for in accordance with the provisions of clause 22. - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave

is subsequently taken provided that the annual leave loading prescribed in clause 22. - Annual

Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the worker's service has been

deemed continuous in accordance with subclause (3) of clause 2 of the Long Service Leave provisions

published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmittor shall

stand to the credit of the worker at the commencement of service with the transmittee and may be

claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to workers who are entitled to

payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of

the worker's own misconduct.

(8) The provisions of this clause do not apply to casual workers.

(9) A worker shall not be entitled to claim payment for personal ill health or injury, nor will his/her sick

leave entitlement be reduced if such ill health or injury occurs on their rostered day off.

20. - LONG SERVICE LEAVE

The conditions applying to Government wages employees generally shall apply to workers covered by this award.

21. - BEREAVEMENT LEAVE

(1) A worker shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or

stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and

such leave shall be without deduction of pay for a period not exceeding the number of hours worked by

the worker in two ordinary working days. Proof of such death to be furnished by the worker to the

satisfaction of his employer.

(2) Payment in respect of bereavement leave is to be made only where the worker otherwise would have

been on duty and shall not be granted in any case where the worker concerned would have been off

duty in accordance with his roster, or on long service leave, annual leave, sick leave, worker's

compensation, leave without pay or on a public holiday.

22. - UNDER RATE WORKERS

(1) Any worker who by reason of old age or infirmity is unable to earn the minimum wage may be paid

such lesser wage as may from time to time be agreed upon in writing between the union and the

employer.

(2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination.

(3) After application has been made to the Board, and pending the Board's decision, the worker shall be

entitled to work for and be employed at the proposed lesser rate.

23. - NO REDUCTION

Nothing herein contained shall entitle an employer to reduce the wage of any worker who at the date of this

Award was being paid a higher rate of wage than the minimum prescribed for his or her class of work.

24. - GENERAL CONDITIONS

(1) Where and when practicable, suitable seating accommodation shall be provided for workers unless it is

physically impossible to carry out the work required in a sitting position.

(2) Where the conditions of work are such that workers are unable to avoid their clothing becoming excessively wet, they shall be supplied with protective clothing or material.

(3) Where the conditions of work are such that workers are unable to avoid their feet becoming wet, the

employer shall supply, free of charge, rubber boots.

(4) Where the conditions of work being performed require the use of gloves they shall be supplied by the

employer free of cost.

(5) Where the employer requires a worker to wear overalls or a uniform of any description, such shall be

provided by the employer free of charge.

(6) Workers required to work in a cold chamber shall be supplied with a freezer suit with hood attached,

freezer gloves and suitable freezer boots, free of cost.

(7) Protective Clothing and/or uniforms supplied by the employer shall remain the property of the

employer and shall be returned when required, in good order and condition, fair wear and tear

excepted.

(8) No worker shall be permitted to work in a freezer chamber longer than fifty minutes without a break

outside of at least ten minutes.

(9) Each freezer chamber shall have an effective escape hatch fitted.

(10) Adequate first aid equipment shall be provided in each establishment and be readily available during all

times during which work is performed.

25. - INSPECTION BY UNION

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the

Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect

to entering any part of the premises of the employer unless the employer is the employer, or former employer of

a member of the Union.

(1) Accredited representatives of the Union shall be permitted to interview the workers on the business

premises of the employer during non-working times or meal breaks.

(2) In the case of a dispute between the Union and an employer which is likely to lead to a cessation of

work or to an application to the Commission and which involves the inspection of workers or of

machines in the process of production on which such workers are engaged, that Union representative

shall have the right of inspection at any time at which the workers or machines concerned are working,

but shall not interfere in any way with the carrying out of such work, and this permission shall not be exercised without the consent of the employer more than once in any one week.

(3) Provided that the duly accredited representative shall notify the employer beforehand of his intention to

exercise his rights under this clause.

26. - UNION NOTICE AND POSTING OF AWARD

(1) An employer shall provide a notice board of reasonable dimension to be erected in a prominent

position in his establishment upon which an accredited Union representative shall be permitted to post

formal Union notices, signed or countersigned by the representative posting them. Any notice posted

on such board not signed or countersigned may be removed by an accredited Union representative of

the employer.

(2) A copy of this award if supplied by the Union shall be allowed to be posted on the notice board

referred to in subclause (1) of this clause.

27. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave

A worker who becomes pregnant shall, upon production to her employer of a certificate from a duly

qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity

leave provided that she has had not less than 12 months' continuous service with that employer

immediately preceding the date upon which she proceeds upon such leave.

For the purposes of this clause:

(a) A worker shall include a part-time worker but shall not include a worker engaged upon casual

or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave

(a) Subject to subclauses (3) and (6) of this clause the period of maternity leave shall be for an

unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory

leave to be taken immediately before the presumed date of confinement and a period of six

weeks' compulsory leave to be taken immediately following confinement.

(b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice

in writing to her employer stating the presumed date of confinement.

(c) A worker shall give not less than four weeks' notice in writing to her employer of the date

upon which she proposes to commence maternity leave, stating the period of leave to be taken.

(d) A worker shall not be in breach of this order as a consequence of failure to give the stipulated

period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the

confinement occurring earlier than the presumed date.

(3) Transfer to a Safe-Job

Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the

pregnancy or hazards connected with the work assigned to the worker make it inadvisable for the

worker to continue at her present work, the worker shall, if the employer deems it practicable, be

transferred to a safe job at the rate and on the conditions attaching to that job until the commencement

of maternity leave.

If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such

leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

(4) Variation of Period of Maternity Leave

(a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be

lengthened once only, save with the agreement of the employer, by the worker giving not less

than 14 days' notice in writing stating the period by which the leave is to be lengthened.

(b) The period of leave may, with the consent of the employer, be shortened by the worker giving

not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

(5) Cancellation of Maternity Leave

(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a

worker terminates other than by the birth of a living child.

(b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the

employer which shall not exceed four weeks from the date of notice in writing by the worker

to the employer that she desires to resume work.

(6) Special Maternity Leave and Sick Leave

(a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other

than by the birth of a living child then -

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity

leave) as a duly qualified medical practitioner certifies as necessary before her return

to work, or

(ii) for illness other than the normal consequences of confinement she shall be entitled,

either in lieu of or in addition to special maternity leave, to such paid sick leave as to

which she is then entitled and which a duly qualified medical practitioner certifies as

necessary before her return to work

(b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may

take such paid sick leave as to which she is then entitled and such further unpaid leave (to be

known as special maternity leave) as a duly qualified medical practitioner certifies as

necessary before her return to work, provided that the aggregate of paid sick leave, special

maternity leave and maternity leave shall not exceed 52 weeks.

(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special

maternity leave.

(d) A worker returning to work after the completion of a period of leave taken pursuant to this

subclause shall be entitled to the position which she held immediately before proceeding on

such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause

(3), to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available, for which the

worker is qualified and the duties of which she is capable of performing, she shall be entitled

to a position as nearly comparable in status and salary or wage to that of her former position.

(7) Maternity Leave and Other Leave Entitlements

Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does

not exceed 52 weeks.

(a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long

service leave), shall not be available to a worker during her absence on maternity leave.

(8) Effect of Maternity Leave on Employment

Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not

break the continuity of service of a worker but shall not be taken into account in calculating the period

of service for any purpose of the award.

(9) Termination of Employment

(a) A worker on maternity leave may terminate her employment at any time during the period of

leave by notice given in accordance with this award.

(b) An employer shall not terminate the employment of an employee on the ground of her

pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(10) Return to Work After Maternity Leave

(a) A worker shall confirm her intention of returning to her work by notice in writing to the

employer given not less than four weeks prior to the expiration of her period of maternity

leave.

(b) A worker, upon the expiration of the notice required by paragraph (a) of this subclause, shall

be entitled to the position which she held immediately before proceeding on maternity leave

or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the

position which she held immediately before such transfer. Where such position no longer

exists but there are other positions available for which the worker is qualified and the duties of

which she is capable of performing, she shall be entitled to a position as nearly comparable in

status and salary or wage to that of her former position.

(11) Replacement Workers

(a) A replacement worker is a worker specifically engaged as a result of a worker proceeding on

maternity leave.

(b) Before an employer engages a replacement worker under this subclause, the employer shall

inform that person of the temporary nature of the employment and of the rights of the worker

who is being replaced.

(c) Before an employer engages a person to replace a worker temporarily promoted or transferred

in order to replace a worker exercising her rights under this clause, the employer shall inform

that person of the temporary nature of the promotion or transfer and of the rights of the worker

who is being replaced.

(d) Provided that nothing in this subclause shall be construed as requiring an employer to engage

a replacement worker.

(e) A replacement worker shall not be entitled to any of the rights conferred by this clause except

where her employment continues beyond the 12 months qualifying period.

28. - TRAINING LEAVE

(1) The parties to this Award recognise that in order to increase efficiency and productivity and to ensure

mobility within industry generally, a greater commitment to training and skill development is needed.

Accordingly, the parties commit themselves to -

(a) developing a more highly skilled and flexible workforce;

(b) providing employees with career opportunities through appropriate training to acquire

additional skills; and

(c) removing barriers to the utilisation of skills acquired.

(2) Through proper consultation with the union and the employees which may involve the establishment of

training committees, the employer shall develop a training programme consistent with -

(a) the current and future skill needs of the enterprise;

(b) the size, structure and nature of the operations of the enterprise; and

(c) the need to develop vocational skills relevant to the enterprise through courses conducted both

internally and by accredited educational institutions and providers.

(3) Where it is agreed between the parties to this Award that a training committee be established, such

training committee shall be constituted by equal numbers of employer and employee representatives

and shall have a charter which clearly states its role and responsibilities. Such charter shall include but

not be restricted to -

(a) the formation of training programmes, making available training courses and advancing the

career opportunities available to the employees through training;

(b) the dissemination of information on training programmes, the availability of training courses

and career opportunities to employees;

(c) the recommending of individual employees for training; and

(d) the monitoring and advising of management and employees on the ongoing effectiveness of

the training.

(4) (a) Where, as a result of consultation in accordance with subclause (2) of this clause, it is agreed that additional training should be undertaken by an employee, that training may be undertaken

either on or off the job and if the training is undertaken during ordinary working hours, the

employer shall not unreasonably withhold such paid training leave.

(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks

(excluding those textbooks which are available in the employer's library) incurred with the

undertaking of training shall be reimbursed by the employer upon production of evidence of

such expenditure. Provided that reimbursement shall be on an annual basis, subject to

presentation of reports of satisfactory progress.

(c) Travel costs incurred by an employee undertaking training in accordance with this clause,

which exceed those normally incurred in travelling to and from work, shall be reimbursed by

the employer.

(5) Subclauses (2), (3) and (4) hereof shall operate as interim provisions and shall be reviewed after twelve

months' operation. In the meantime, the parties shall monitor the effectiveness of those interim

provisions in encouraging the attainment of the objectives detailed in subclause (1) hereof. In this

connection, the union reserves the right to press for the mandatory prescription of a minimum number

of training hours per annum, without loss of pay, for an employee undertaking training to meet the

needs of an individual enterprise and the industry.

29. - TRADE UNION TRAINING LEAVE

(1) Subject to the provisions of this clause:

(a) The employer shall grant paid leave of absence to employees who are nominated by their

Union to attend short courses conducted by the Australian Trade Union Training Authority.

(b) Paid leave of absence shall also be granted to attend similar courses or seminars as from time

to time approved by agreement between the parties.

(2) An employee shall be granted up to a maximum of five days' paid leave per calendar year for trade

union training or similar courses or seminars approved. However, leave of absence in excess of five

days and up to ten days may be granted in any one calendar year provided that the total leave being

granted in that year and in the subsequent year does not exceed ten days.

(3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift

allowances, penalty rates or overtime.

(b) Where a public holiday or rostered day off (including a rostered day off as a result of working a 38 hour week) falls during the duration of a course, a day off in lieu of that day will not be

granted.

(4) Subject to subclause (3) of this clause shift employees attending a course shall be deemed to have

worked the shifts they would have worked had leave not been taken to attend the course.

(5) The granting of leave pursuant to the provisions of subclause (1) of this clause is subject to the

operation of the organisation not being unduly affected and to the convenience of the employer.

(6) (a) All applications for leave shall be submitted to the employer for approval at least four weeks

before the commencement of the course, provided that the employer may agree to a lesser

period of notice.

(b) All applications for leave shall be accompanied by a statement from the relevant Union

indicating that the employee has been nominated for the course. The application shall provide

details as to the course, venue and the Authority which is conducting the course.

(7) A qualifying period of twelve months employment shall be served before an employee is eligible to

attend courses or seminars of more than one half day duration. An employer may, where special

circumstances exist, approve an application to attend a course or seminar where an employee has less

than twelve months' service.

(8) (a) The employer shall not be liable for any expenses associated with an employee's attendance at

trade union training courses.

(b) Leave of absence granted under this clause shall include any necessary travelling time in

normal working hours immediately before or after the course.

30. - WORKPLACE CONSULTATION

The development of effective participative/ consultative practices is important in the process of Award

Restructuring and can lead to advantages for both employers and employees. It is therefore recommended that

participative/consultative mechanisms at the enterprise level be implemented.

(1) Consultative Mechanism/Practices shall be implemented within the enterprise where agreement exists

between employers and employees.

(2) The form, structure and method of implementing Consultative Mechanisms/Practices shall be

determined at the enterprise level through negotiation between the employer, employees and the union.

(3) The Union agrees that where Consultative Mechanisms/Practices are in place the parties may, by agreement, vary the application of designated Award conditions referred to in this Award. The Union

shall be party to the ratification of any agreement but shall not unreasonably withhold such agreement

where the employees genuinely agree.

(4) Where an enterprise does not have in place agreed Consultative Mechanisms/Practices current Award

provisions will apply.

(5) The Union reserves the right to advise its members as it deems appropriate on Award issues under

discussion. The process of consultative practices is a mechanism through which employees can be

involved in and positively contribute towards management's decision making process. All decisions are

encouraged to be reached through Consultative Mechanisms/Practices however, managerial prerogative

is acknowledged.

Any agreement concluded pursuant to subclause (3) of this clause shall be submitted to the Western

Australian Industrial Relations Commission for inclusion in this Award.

In circumstances where agreement cannot be reached, parties may refer the matter to the Western

Australian Industrial Relations Commission for determination.

31. - TRAINEESHIP

(1) This clause shall apply to a trainee employed under the Australian Traineeship System by an employer

approved by the State Management Committee.

(2) Definitions for the purpose of this clause:

The "Australian Traineeship System" means a structured system of on the job training with an

employer and off the job training in a Technical and Further Education College or other training

provider approved by the State Management Committee.

"Trainee" means an employee engaged under the terms of this award and in accordance to Section 37D

of the Industrial and Commercial Training Act 1975 and approved by the State Management

Committee.

"Traineeship Scheme" is a formal agreement of training approved by the State Management Committee

and registered pursuant to Section 37D of the Industrial and Commercial Training Act 1975.

"State Management Committee" means a Committee comprising representatives from the

Confederation of Western Australian Industry, the Trades and Labor Council of Western Australia,

Technical and Further Education (TAFE) and the relevant Federal and State Government Departments

which approve traineeship arrangements by agreement of each of the parties. The State Management

Committee may be established pursuant to the provisions of the Industrial and Commercial Training

Act 1975 or any amendments to or substitution of that Act, provided that any Committee or body

established in lieu of the State Management Committee has the same representatives, structure and

decision making process as that Committee.

(3) Objective:

Matters related to additionally, substitution and/or permanency of employment will need to be

negotiated on an award approach.

(4) Form of Traineeship Agreement:

(a) A traineeship shall be entered into by means of written agreement in a form approved by the

State Management Committee and registered in accordance with the provisions of the

Industrial and Commercial Training Act 1975.

(b) A trainee shall not be engaged on a part time or casual basis.

(c) The Traineeship Scheme shall be for a minimum period of 12 months but this period may be

varied with the agreement of the union and the employer and with the approval of the State

Management Committee.

(5) Duties and Responsibilities:

(a) A trainee shall participate in the approved on-the-job training scheme and attend the approved

off-the-job training as prescribed in the training system.

(b) An employer shall release a trainee to attend the prescribed off-the-job training course and

shall provide the on-the-job training approved by the State Management Committee.

(c) The employer shall provide the level of supervision in accordance with the approved training

scheme during the traineeship period.

(d) The overall Traineeship Scheme will be monitored by officers of the Department of

Employment and Training. An accredited representative of the union shall have access during

ordinary working hours to inspect the relevant training records and work books and subject to the approval of the employer, which shall not be unreasonably withheld, may interview a

trainee with respect to their progress in the Scheme.

(6) Overtime and shift work shall not be worked by trainees except to enable the requirements of the

training scheme to be effected. When overtime and shift work are worked the relevant penalties and

allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shift

work on their own.

(7) The weekly wage payable to a trainee shall be determined by multiplying the appropriate rate of pay

prescribed in the award by 39 which represents actual weeks spent on the job and dividing that sum by

52 to provide a weekly wage. The rate determined shall in no case be less than $101.55.

APPENDIX 1 - RESOLUTION OF DISPUTES REQUIREMENT

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into

effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and

further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation

Amendment Act 1997).

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall

apply in connection with questions, disputes or difficulties arising under this award/industrial

agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss

the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty

shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(3) The terms of any agreed settlement should be jointly recorded.

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have

effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the

award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial

Relations Commission provided that with effect from 22 November 1997 it is required that persons

involved in the question, dispute or difficulty shall confer among themselves and make reasonable

attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

RESPONDENT

West Coast Eggs Limited

APPENDIX 2 - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of

employees party to this award, order or industrial agreement to inspect the time and wages records of

an employee or former employee, that power shall be exercised subject to the Industrial Relations

(General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if: -

(i) the employer is of the opinion that access to the records by the representative of the

organisation would infringe the privacy of persons who are not members of the

organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48

hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of

employees authorised for the purpose in accordance with the rules of the organisation.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not

less than 24 hours to an employer.

APPENDIX 3 - OLD DEFINITION

(1) "Sectional Supervisor" shall mean a worker appointed as a Sectional Supervisor by the employer in any

of the following branches of the operations of the Board:-

(a) Receival

(b) Materials

(c) Pulping

(d) Floor

(2) "Other Supervisor" shall mean a worker appointed as another Supervisor by the employer in any of the

following branches of the operations of the Board:-

(a) Cleaning

(b) Cases and Trolleys

(c) Machine

(d) Quality Control

(e) Floors (Depot)

(3) "Leading Hands" shall mean a worker appointed as such by the employer and who, in addition to

ordinary duties is required to supervise other workers.

(4) "Freezer Room Attendant" shall mean a worker required by the employer to work in a temperature

between 0 Celsius. and minus 15.5 (5) "Machine Operator" shall mean a worker employed as a machine operator by the employer to operate

the Gluer-Sealer.

(6) "Quality Controller" shall mean a worker appointed as a quality controller by the employer and

employed in the quality control section on quality control.

(7) "Part Time Worker" shall mean a worker who works regularly from week to week for not less than 15

hours and not more than 30 hours each week.

(8) Casual Worker shall mean a worker engaged as such.

APPENDIX 4. - TRANSITIONAL ARRANGEMENT

Award Title Proposed new

level

Current Award

Rate

MRA Rate Special

Payment

Machine Operator Level F3 $423.67 $418.60 $5.07

Quality Controller Level F3 $422.44 $418.60 $3.84

Freezer Room Attendant Level F2 $415.47 $393.50 $21.97

Candler and/or Oiler Level F2 $413.01 $393.50 $19.51

Bench Hand Level F2 $398.46 $393.50 $4.96

Trainee Candler and/or Oiler Level F1 $398.05 $374.90 $23.15

Packer and/or Cracker Level F2 $398.05 $393.50 $4.55

Floor Hand Level F2 $390.26 $393.50 Nil

DATED at Perth this 2nd day of March, 1979.

V A R I A T I O N R E C O R D

EGG PROCESSING AWARD 1978 AWARD

NO. R 42 OF 1978

Delivered 02/03/79 at 59 WAIG 293

Consolidated 21/10/82 at 62 WAIG 2751

CLAUSE

NO.

EXTENT OF

VARIATION

ORDER NO. OPERATIVE

DATE

GAZETTE

REFERENCE

1. Title

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles – June, 1998)

Del. Cl. 609/99 06/07/99 79 WAIG 1847

(1B. Minimum Adult Award Wage)

Ins. 1B 940/97 14/11/97 77 WAIG 3177

(2)(3) & (5) 1386/98 23/10/98 78 WAIG 4330

Min. Wage & text. 609/99 01/08/99 79 WAIG 1847

Renum. Cl. 1102/99 05/01/00 80 WAIG 368

1A. Minimum Adult Award Wage

Cl 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2163

(9) 1197/03 1/11/03 83 WAIG 3537

Cl 570/04 4/06/04 84 WAIG 1521

Cl. 576/05 07/07/05 85 WAIG 2083, 2362

Cl. 957/05 07/07/06 86 WAIG 1631 & 1891

Cl. 1/07 01/07/07 87 WAIG 1487 & 1774

Cl. 115/07 01/07/08 88 WAIG 773 & 1033

Cl. 1/09 01/10/09 89 WAIG 735 & 1456

Cl. 2/10 01/07/10 90 WAIG 568 & 946

Cl. 2/11 01/07/11 91 WAIG 1008 & 1337

Cl. 2/12 01/07/12 92 WAIG 1159

Cl. 1/13 01/07/13 93 WAIG 831

Cl. 1/14 01/07/14 94 WAIG 1051

2. Arrangement

Cl. 2216/89(R) 15/03/90 70 WAIG 1423

Cl. 1557/90(R2) 06/11/90 71 WAIG 94

Ins. 1A. 1752/91 31/01/92 72 WAIG 191

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. Appendix – S.49B... 694/96 16/07/96 76 WAIG 2789

Ins. Appendix –

Resolution...

693/96 16/07/96 76 WAIG 2768

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A 757/98 12/06/98 78 WAIG 2579

Del. 1A. 609/99 06/07/99 79 WAIG 1847

Cl. 1102/99 05/01/00 80 WAIG 368

2A. State Wage Principles – September 1989

Ins cl. 2216/89(R) 15/03/90 70 WAIG 1423

3. Scope

4. Area

5. Term

6. Definitions

(7)(8) 810/83 01/07/84 64 WAIG 1548

(8) 2216/89(R) 15/03/90 70 WAIG 1423

Cl. 1102/99 05/01/00 80 WAIG 368

7. Hours

Cl. 810/83 01/07/84 64 WAIG 1548

(1) 2216/89(R) 15/03/90 70 WAIG 1423

8. Overtime

(3) 1557/90(R2) 06/11/90 71 WAIG 94

(3)(a) 1679/01 18/09/01 81 WAIG 3065

(3)(a) 1535/02 14/11/02 82 WAIG 3231

(3)(a) 1012/03 18/09/03 83 WAIG 3348

(3)(a) 936/05 23/11/05 85 WAIG 3973

9. Shift Work

Ins(6) 2216/89(R) 15/03/90 70 WAIG 1423

10. Part-Time Workers

Cl. 810/83 01/07/84 64 WAIG 1548

(o.n.810/83 del 14/08/84 in (2) makes reference to19. Sick Leave. The same order also adds an

additionals/cl (9) to 19. Absence Through Sickness.)

(1) 1102/99 05/01/00 80 WAIG 368

11. Contract of Service

(reference is made in (2) to 19. Absence Through Sickness.)

12. Mixed Functions

13. Meal Interval

14. Wages

(4) 810/83 01/07/84 64 WAIG 1548

Delete commitment 1940/89 08/09/89 69 WAIG 2913

Cl. 2216/89(R) 15/03/90 70 WAIG 1423

Cl. 1557/90(R2) 06/11/90 71 WAIG 94

(1),(2) & (4)(a) 390/95 30/09/95 77 WAIG 1253

(1) 505/97 08/08/97 77 WAIG 2359

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

Date (1) 940/97 14/11/97 77 WAIG 3177

(1) 1386/98 23/10/98 78 WAIG 4330

(1) Rates & text. 609/99 01/08/99 79 WAIG 1847

Cl. 1102/99 05/01/00 80 WAIG 368

Cl 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

(1) 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2163

Cl 570/04 4/06/04 84 WAIG 1521 & 1706

Cl. 576/05 07/07/05 85 WAIG 2083, 2362

Cl. 957/05 07/07/06 86 WAIG 1631 & 1891

Cl. 1/07 01/07/07 87 WAIG 1487 & 1774

(1) 16/08 27/05/08 88 WAIG 513 & 519

Cl. 115/07 01/07/08 88 WAIG 773 & 1033

Cl. 1/09 01/10/09 89 WAIG 735 & 1456

Cl. 2/10 01/07/10 90 WAIG 568 & 946

Cl. 2/11 01/07/11 91 WAIG 1008 & 1337

Cl. 2/12 01/07/12 92 WAIG 1159

Cl. 1/13 01/07/13 93 WAIG 831

Cl. 1/14 01/07/14 94 WAIG 1051

15. Time and Wages Record

Ins text. 491/98 16/04/98 78 WAIG 1471

16. Payment of Wages

Cl. 810/83 01/07/84 64 WAIG 1548

17. Holidays

18. Annual Leave

(4)(a) 810/83 01/07/84 64 WAIG 1548

19. Absence through Sickness

Ins (9) 810/83 01/07/84 64 WAIG 1548

(when this award was delivered on the 2/3/79, this cl. was referred to as 19. Sick Leave. In O.N.

1000/81 operative from the first pay period after the 30/07/82, the Arrangement cl. also refers to the

cl.as Sick Leave. The Arrangement cl. as appears in the Consolidation, published in 62 WAIG, at page

2773 refers to the cl. as 19. Absence Through Sickness. Included in the cl. heading are the words,

amended 4/8/82. This apparently complies with the instructions on O.N. 1000/81.)

20. Long Service Leave

Cl. 2216/89(R) 15/03/90 70 WAIG 1423

21. Bereavement Leave

22. Under Rate Workers

(23 Limitation on Female Work)

Deleted by 2216/89(R) 15/03/90 70 WAIG 1423

(23. Junior Workers Certificate)

Previously cl. 24

Renumbered cl. 23 by 2216/89(R) 15/03/90 70 WAIG 2913

Deleted by 1557/90(R2) 06/11/90 71 WAIG 94

23. No Reduction

Previously cl. 26


Renumbered cl. 23 by 1557/90(R2) 06/11/90 71 WAIG 94

(24. Junior Workers Certificate)


Deleted by 1557/90(R2) 06/11/90 71 WAIG 94

(24. Proportion of Juniors)

Previously cl. 25

Deleted by 1557/90(R2) 06/11/90 71 WAIG 94

24. General Conditions

Previously cl. 27



(25. Proportion of Juniors)


Deleted by 1557/90(R2) 06/11/90 71 WAIG 94

(25. No Reduction)

Previously cl. 26


25. Inspection by Union

Previously cl. 29



Ins.Txt 2053(1)/97 2053(1)/97 77 WAIG 3138

(26. No Reduction)

Renumbered cl. 25 2216/89(R) 15/03/90 70 WAIG 1423

Renumbered cl. 23 1557/90(R2) 06/11/90 71 WAIG 94

(26. General Conditions)


26. Union Notices and Posting of Award

Previously cl. 30



(27. General Conditions)


(27. Board of Reference)

Previously cl. 28

Renumbered cl.27 2216/89(R) 15/03/90 70 WAIG 1423

Deleted by 1557/90(R2) 06/11/90 71 WAIG 94

27. Maternity Leave

(for accuracy I checked O.N. 1000/81 operative as from first pay period after 30/07/82 reference 62

WAIG page 1978)

Previously cl. 32



(28. Inspection by Union)

Previously cl. 29


(28. Board of Reference)


Deleted by 1557/90(R2) 06/11/90 71 WAIG 94

28. Training Leave

Ins. cl. 1557/90(R2) 06/11/90 71 WAIG 94

(29. Inspection by Union)



(29. Union Notices and Posting of Award)


29. Trade Union Training Leave

Ins. cl. 1557/90(R2) 06/11/90 71 WAIG 94

(30. Union Notices and Posting of Award)


30. Workplace Consultation

Ins. cl. 1557/90(R2) 06/11/90 71 WAIG 94

The Consolidation, reference 62 WAIG on page 2779 states the following, "No longer in force - see

Section 117(1)(g) of Industrial Arbitration Act, 1979."

31. Traineeship

Ins. cl. 1557/90(R2) 06/11/90 71 WAIG 94

Cl. 569/03 5/06/03 83 WAIG 1899 & 2163

(31. Membership of Union)

Deleted 2216/89(R) 15/03/90 70 WAIG 1423

(Appendix - Resolution of Disputes Requirement)

Ins. Appendix 693/96 16/07/96 76 WAIG 2768

(1),(6), Del. (7) 2053/97 22/11/97 77 WAIG 3079

Renum. App. 1102/99 05/01/00 80 WAIG 368

Appendix 1 - Resolution of Disputes Requirement

Respondent 965/05 24/01/06 86 WAIG 290

(Appendix - S.49B - Inspection of Records Requirements)

Ins. Appendix 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471

Renum. App. 1102/99 05/01/00 80 WAIG 368

Appendix 2- S.49B - Inspection of Records Requirements

Appendix 3 - Old Definition

Ins. App. 1102/99 05/01/00 80 WAIG 368

Appendix 4. - Transitional Arrangement

Ins. App. 1102/99 05/01/00 80 WAIG 368

egg processing award 1978

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