Confirm The Industry Setting And Stream
cl 4.1-4.6, 12.1, Schedule AStart with the actual business activity and the actual work setting. This award is specialist and the right classification depends heavily on both.
- The award covers employers in the raw wool testing, skin, hide and wool storage services industry and employees in the Schedule A classifications.
- Clause 4.2 defines the industry broadly enough to include receipt, handling, processing, storage, shipping and transport of skins, hides and wool, and it says processing includes sampling, testing, blending or dumping.
- If more than one award could cover the employer, clause 4.6 says the employee is covered by the classification that is most appropriate to the work performed and the environment in which the employee normally works.
- Schedule A says classification depends on whether the employee is employed in a wool store, a raw wool testing laboratory or a skin and hide store.
Get The Employment Type And Hours Right
cl 8.1, 9, 10.1-10.4, 11.1-11.5The award is strict about part time overtime and casual minimum engagements, so loose roster records create payroll risk quickly.
- A full time employee is engaged to work an average of 38 ordinary hours per week.
- A part time employee is engaged to work an average of less than 38 ordinary hours per week, and the employer must inform the employee of their ordinary hours and starting and finishing times.
- All time worked in excess of the hours mutually arranged for a part time employee is overtime.
- A casual employee's ordinary hours are the lesser of an average of 38 hours per week or the hours required by the employer.
- A casual employee must be engaged and paid for at least 2 consecutive hours on each attendance, and the pathway for moving from casual to permanent employment is provided for in the NES.
Design Rosters Around The Work Cycle Rules
cl 13.1-13.5This award allows long ordinary shifts and work cycles, but only inside a defined span and with clear overtime triggers.
- Employees other than shiftworkers may be required to work up to 12 ordinary hours per day between 5.00 am and 6.30 pm Monday to Friday.
- That spread can be altered by agreement with a majority of affected employees or an individual employee.
- Shiftworkers may be required to work a shift of up to 12 consecutive ordinary hours, including meal breaks.
- Employees may work on a cycle of working and non working days, but the total ordinary hours in the cycle cannot exceed 38 hours multiplied by the total number of working and non working weeks in the cycle.
- Overtime is payable for work in addition to rostered hours on a shift and for work in excess of the total ordinary hours in the work cycle, and weekly hours may be averaged over up to 26 weeks for the purposes of section 63 of the Act.
Classify By Stream And Skill Level
cl 16.1, Schedule AClassification turns on the stream, the skills being used and the work actually required, not just seniority or a broad store title.
- The award uses separate classification structures for wool storage, wool testing, and skin and hide stores, so one site wide warehouse level is risky.
- Schedule A requires employees to work flexibly within their ability and competence, acquire reasonably requested skills, undertake required training where necessary, help train others, and use required tools and equipment if properly trained.
- Progression depends on the employee having the applicable skills for the level and being required by the employer to perform work at that level.
- The wool storage descriptions in the extract show the work stepping up from basic manual handling, sampling and housekeeping at Level 1 to licensed materials handling and wool pressing at Level 2, and then to quality control, keyboard skills and computerised inventory work at Level 3.
Pay The Right Allowances And Reimbursements
cl 19.1-19.3, Schedule CAllowance and reimbursement errors are a common risk under this award, especially in wool testing and overtime situations.
- Allowances that apply under clause 19 must be paid and separately identified on pay records and payslips.
- A leading hand allowance only applies for a leading hand engaged in a skin and hide store.
- A first aid allowance applies where the employee holds the required first aid qualification and is appointed by the employer to participate in the emergency response team or otherwise perform first aid duty.
- A meal allowance can apply when an employee is entitled to a rest break during overtime, unless the employer provides a meal or meal making facilities, or gave notice by the previous day or shift that overtime would be required.
- If the employer requires an employee engaged in wool testing to wear protective clothing or safety footwear, the employer must reimburse the purchase cost unless the employer pays for those items directly.
Use Proper Flexibility And Contact Rules
cl 5.1-5.13, 6, 13A.1-13A.3Keep award flexibility arrangements separate from NES flexible work rights, and do not overlook the right to disconnect rules now reflected in the award.
- An individual flexibility arrangement can cover when work is performed, overtime rates, penalty rates, allowances or annual leave loading, but it must be genuinely agreed after employment starts.
- The arrangement must be in writing, leave the employee better off overall, and be kept as a time and wages record.
- Requests for flexible working arrangements are dealt with under the NES.
- Clause 13A states that the right to disconnect under the Act applies from 26 August 2024 for employers that were not small business employers on that date, and from 26 August 2025 for employers that were small business employers on 26 August 2024, and an employer must not directly or indirectly prevent an employee from exercising that right.