Food, Beverage and Tobacco Manufacturing Award

Coverage requires both a covered industry activity and a suitable classification. A food-related product or workplace does not settle the award question by itself.

• Map the employer's operations against the activities in clause 4.2.
• Treat receiving, handling, packaging, storage, dispatch and sanitising as covered ancillary activities only when they have the required connection with covered production.
• Check each express exclusion in clauses 4.3 and 4.6 before concluding that the award applies.
• Confirm that the employee performs work within an award classification.
• Where more than one award may cover the employer, identify the classification most appropriate to the employee's work and normal work environment.

Classification, age and training status determine which minimum-rate framework applies. Temporary higher duties can also change the rate payable.

• Match adult employees to the Schedule A classification definitions for Levels 1 to 6.
• Apply the separate provisions for unapprenticed juniors instead of automatically using an adult minimum rate.
• For apprentices, identify the relevant apprenticeship provisions and the person's attributes when the training agreement began.
• Use the National Training Wage provisions for trainees and the Supported Wage System where applicable.
• If higher-rated duties are performed for more than 2 hours in a day or shift, pay the higher minimum rate for the whole day or shift. If they are performed for 2 hours or less, pay the higher rate for that time.

Day work, continuous shiftwork and non-continuous shiftwork have different rules. Record the applicable model before configuring payroll or rosters.

• For day workers, ordinary hours average 38 per week and must not exceed 152 hours in 28 days.
• Day-work ordinary hours generally fall between 6.00 am and 6.00 pm. A permitted agreement can move that spread up to 1 hour forward or back.
• Work before the spread that is continuous with ordinary hours and undertaken to ready the plant for production is treated as part of ordinary hours under clause 12.2(e).
• Do not roster ordinary weekend hours for day workers without the agreement required by clause 12.2(c). Apply the award's weekend treatment when such hours are worked.
• Identify whether a shiftwork arrangement is continuous or non-continuous before setting the roster.

A shift label is not enough. The roster must satisfy the award definition and the applicable hours, break and agreement rules.

• For continuous shiftworkers, ordinary hours include the paid 20 minute meal break and average 38 hours per week within the permitted cycle.
• Ordinary continuous and non-continuous shifts generally do not exceed 8 hours unless an agreement authorised by clause 12.5 applies.
• A continuous shiftworker must not generally be required to work more than 1 shift in 24 hours, except at the regular changeover of shifts.
• Use only the agreement mechanisms permitted by clauses 7 and 12 when altering the standard arrangement.

Operational continuity creates limited flexibility, not a general right to remove meal breaks. Record the reason for any altered, staggered or delayed break.

• Do not generally require an employee to work more than 5 hours without a meal break.
• Use the extension to 6 hours only in the operational or agreed circumstances stated in clause 13.1.
• Meal and rest breaks may be altered or staggered where necessary for continuity of operations.
• An employee may be instructed to work during a meal break for specified breakdown or plant-maintenance work, subject to the award.
• Unless an authorised alternative applies, use the additional payment required for work during meal hours and until the employee takes a meal break.

Overtime depends on the employee's roster model, employment category, day and time. Each day stands alone in the calculation.

• Treat work outside the ordinary hours applying to the day or shift as overtime.
• For a part-time employee, also treat work beyond the agreed part-time hours as overtime.
• Calculate each day's overtime separately.
• Apply the distinct provisions for employees other than continuous shiftworkers and for continuous shiftworkers.
• Check the special rules and minimum payments for Saturday, Sunday and public holiday overtime. For casuals, apply the clause 23 rule based on the casual ordinary hourly rate where the entitlement applies.

Time off instead of overtime payment is not an informal roster adjustment. The written agreement must deal with a particular amount of overtime already worked.

• Use time off instead of overtime payment only where the employer and employee agree in writing for overtime already worked.
• Make a separate agreement for the relevant overtime worked in each pay period.
• State the overtime hours, when they were worked and the employee's agreement to take time off.
• Record the employee's right to request payment for untaken time at the overtime rate that applied when the overtime was worked.
• Make any requested payment in the next pay period, as required by clause 23.7.

Some allowances affect other pay calculations, while special allowances do not attract premium or penalty additions. Payroll must distinguish the categories.

• Include all-purpose allowances in the rate used to calculate penalties, loadings and annual leave payments.
• Check the leading hand allowance when an employee is placed in charge of 3 or more people.
• Check the heavy vehicle driving allowance while an employee performs qualifying driving work.
• Check the boiler attendant and first aid allowances only when the employee holds the required qualification and has been appointed by the employer.
• Record qualifying cold, hot and wet work. Apply any associated paid rest break as well as the relevant special allowance.

The award operates with the NES and permits specified forms of agreement. An informal payroll or roster practice does not satisfy those requirements.

• Apply the NES provisions dealing with maximum weekly hours and requests for flexible working arrangements.
• Use an individual flexibility arrangement only for the award matters listed in clause 5.
• Make an individual flexibility arrangement after employment starts, in writing, through genuine agreement and with the employee better off overall.
• Use facilitative agreements only for the provisions and groups of employees identified in clause 7.
• Retain an individual flexibility arrangement or facilitative agreement as a time and wages record where the relevant award clause requires it.

PR799280, PR799353, PR799509

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 14 - Minimum rates and classifications, 15 - Apprentice minimum rates, 20 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - National Training Wage, Schedule F - Supported Wage System