2024 WAIRC 00135
REVIEW OF FARM EMPLOYEES' AWARD PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM SENIOR COMMISSIONER R COSENTINO
DATE TUESDAY, 26 MARCH 2024
FILE NO/S APPL 58 OF 2022
CITATION NO. 2024 WAIRC 00135

Result Award varied
Representation


Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations

Mr C Dunne of counsel and Ms A Martina on behalf of the Australian Workers’ Union, West Australian Branch, Industrial Union of Workers

Ms J Corkhill of counsel on behalf of the Western Australian Farmers Federation (Inc)


Order

HAVING heard from Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations, Mr C Dunne of counsel and Ms A Martina on behalf of The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers, and Ms J Corkhill of counsel on behalf of the Western Australian Farmers Federation (Inc), the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

THAT the Farm Employees' Award be varied in accordance with the attached Schedule, and that the variations in the attached Schedule shall have effect from 1 July 2024.




SENIOR COMMISSIONER R COSENTINO
SCHEDULE

1. Clause 4 ‘Definitions’:

Add the following new definitions in clause 4:

(ia) “dairying” means the management, housing, breeding, rearing and grazing of livestock for milk production and associated purposes.

(ib) “dairy season” means the period(s) of time when work is performed in any one or more of the activities of joining, drying off, reproduction, rearing of young stock, milking, seeding and fodder harvesting.

NOTE: As at least one of the activities listed in the definition of “dairy season” occurs on any given day, every day of the year falls during a dairy season.

2. Clause 5 ‘Employment Relationship’:

Delete sub-clauses (6)(8) in clause 5 and insert in lieu thereof the following clauses (6)(10):

(6) Except in dairying, at the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work; and

(c) the actual starting and finishing times each day.

(7) At the time of engagement of part time employees in dairying, the employer and the part-time employee will agree in writing on:

(a) the expected start date and the expected end date of each applicable dairy season;

(b) the days of the week on which the employee may be required to work during each applicable dairy season;

(c) the range of daily hours during which the part-time employee may be required to work during each applicable dairy season; and

(d) a minimum number of hours which will be worked by the part-time employee on each working day.

NOTE: an employee’s pattern of work may be the same throughout the year, regardless of dairy season(s).

(8) Changes in part time hours under subclauses (6) and (7) may only be made by agreement in writing between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing.

(9) A part-time employee must be paid for ordinary hours worked at the ordinary hourly rate prescribed for the class of work performed.

(10) An employer is required to roster a part-time employee, other than an employee in dairying, for a minimum of 3 consecutive hours on any shift.