BREAD INDUSTRY (STATE) AWARD-NSW to FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010 (AN to MA000073)

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1 These summaries are for members only. Please do not download these documents and pass them on to other bakeries as they may not apply to their business. These summaries have intellectual property. By distributing these to non-members you are allowing people to have the benefit of what is included in your membership fee without paying for it and this will have an impact on membership fees in general i.e. fees would need to be increased. BREAD INDUSTRY (STATE) AWARD-NSW to FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010 (AN to MA000073) PLEASE NOTE: THIS IS A GUIDE ONLY FOR EMPLOYERS USING THE TRANSITIONAL PROVISIONS OF THE MODERN AWARD. THIS IS A CONTROLLED DOCUMENT IN ITS ELECTRONIC FORM. ANY HARD COPIES OF THIS DOCUMENT ARE NOT CONTROLLED AND SHOULD BE CHECKED AGAINST THE ELECTRONIC FILE VERSION PRIOR TO USE. TRANSITION SUMMARY As at 1/07/2013 IMPORTANT NOTICE: Gregory Terrace Spring Hill QLD 4000 Ph: Fax: (07) The details contained within this Award Summary are only applicable to employers who employed staff prior to 27 March (This may include businesses that were acquired after this date if the former owner employed staff prior to 27 March 2006) Please ensure you are referring to the appropriate Award Transition Summary relevant to your business.

2 CONTENTS INSTRUCTIONS (Please read these before continuing on) 3 FULL-TIME/PART-TIME DAYWORKER 4 Saturdays and Sundays 4 Public Holidays 5 Overtime 5 CASUAL DAYWORKER 6 Saturdays and Sundays 7 Public Holidays 7 Overtime 7 FULL-TIME/PART-TIME SHIFTWORKER Explanation of Shift work (Please read this before continuing on) 8 - Early Morning Shifts, Afternoon Shifts, and Night Shifts 8 - Night Shifts Only and Ad Hoc Afternoon/Night Shifts 9 Saturdays, Sundays and Public Holidays 9 CASUAL SHIFTWORKER - Early Morning Shifts, Afternoon Shifts, and Night Shifts 10 - Night Shifts Only and Ad Hoc Afternoon/Night Shifts 10 Saturdays, Sundays and Public Holidays 10 JUNIOR EMPLOYEES 11 APPRENTICES 12 ALLOWANCES

3 SUMMARY OF TRANSITION PAYMENTS BREAD INDUSTRY (STATE) AWARD NSW to FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010 The transitional provision allows employers to gradually convert to the new rates of pay over a 5 year period. We will update this summary every year during the Transition Period. The figures displayed in this document are applicable from the first full pay period on or after 1 July HOW TO USE THESE TRANSITION TABLES In order to find the rate of pay for each employee you must: 1) Determine whether they are a full-time/part-time or casual employee 2) Whether they are a Junior 3) Whether they are a Day worker or Shift worker 4) Then consult the Contents page to find the relevant section The first column of the tables will depict an employee s Classification under the old award (Baking Industry Award) and what they will be transferred to in the new Modern Award (Food, Beverage and Tobacco Manufacturing Award 2010). In order to determine this, employers will need to compare the definitions of the Baking Industry Award Classifications against the definitions of the Food, Bev etc Award s. (Definitions of these classifications/levels can be found within the respective awards themselves). The percentage shown under the heading of each column is the percentage applied to the respective classification wage rate. This includes calculations for casual rates where the percentage has been adjusted so as to apply to the BASE rate of pay. Shift Work Early Morning Shift: means any shift commencing between 3:00am and 6:00am. (Commencing at 2am for Baking Production staff). Afternoon Shift: means any shift finishing after 6:00pm and at or before midnight. Night Shift: means any shift finishing after midnight and at or before 8:00am. For more details with regards to these Shift Allowances, please see section 31.3 of the Food, Beverage and Tobacco Manufacturing Award Ordinary hours of work am to 6.00pm on. All hours on Saturdays and Sundays are not considered to be ordinary unless an agreement is made between the employer and the employee in accordance with clause 30.2 (b) of the Food, Beverage and Tobacco Manufacturing Award Casual Rates inclusive of AL loading Under the provisions applying pre modern award, casual employees were entitled to annual leave OR a loading on base pay in lieu. The casual payments in this summary include the loading unless otherwise stated. Please take notice of the NOTE and BE AWARE instructions throughout this document. 3

4 The following are the rates of pay for FULL-TIME/PART-TIME DAYWORKERS on MONDAYS to FRIDAYS Old - New If in first 3 hours of work Hours to 4am 4am - 6am 6am - 6pm 6pm - 4am After first 3 hours of work If in first 3 hours of work After first 3 hours of work Ordinary hours (First 3hrs) (Thereafter) 154% 204% 150% 200% 100% 154% 204% The following are the rates of pay for FULL-TIME/PART-TIME DAYWORKERS on SATURDAYS and SUNDAYS with agreement These rates of pay for Saturday and Sunday work are only applicable if there has been an agreement made in accordance with clause 30.2 (b) of the award. If no agreement has been made, Saturdays and Sundays are paid at overtime rates (next table). Old - New Ordinary hours 6am - 6pm Saturday All other hours Sunday Ordinary hours 6am - 6pm All other hours First 3 hours Thereafter 146% 156% 206% 194% 214% These overtime rates apply on Saturdays and Sundays if NO agreement has been made in accordance with clause 30.2 (b) of the award. Saturday Sunday Old - New All hours First 3 hours Thereafter All hours 156% 206% 214%

5 The following are the rates of pay for FULL-TIME/PART-TIME DAYWORKERS on PUBLIC HOLIDAYS Old - New Public holidays 242% The following are the rates of pay for FULL-TIME/PART-TIME DAYWORKERS performing OVERTIME Monday to Saturday Old - New Sunday Public Holidays First Three Hours Thereafter 150% 200% 200% 250%

6 The following are the rates of pay for CASUAL DAYWORKERS on MONDAYS to FRIDAYS (ordinary hours) Old - New Casual Dayworkers (who receive holidays) Ordinary Hours Casual Dayworkers (with loading in lieu of holidays) Ordinary Hours 123% % The following are the rates of pay for CASUAL DAY WORKERS on MONDAYS to FRIDAYS (including loading in lieu of holidays) Hours to 4am 4am - 6am 6am - 6pm 6pm - 4am Old - New If in first 3 After first 3 If in first 3 After first 3 Ordinary (First 3hrs) (Thereafter) hours of work hours of work hours of work hours of work hours % % % % % % %

7 The following are the rates of pay for CASUAL DAYWORKERS on SATURDAYS and SUNDAYS (with agreement) (including loading in lieu of holidays) These rates of pay for Saturday and Sunday work are only applicable if there has been an agreement made in accordance with clause 30.2 (b) of the award. if no agreement has been made, Saturday and Sunday are paid at overtime rates (next table). Saturday Sunday Old - New Ordinary All other hours Ordinary All other hours 6am - First 3 hours Thereafter hours 6am hours % % % % % The following are the rates of pay for CASUAL DAYWORKERS on SATURDAYS and SUNDAYS (NO agreement) (including loading in lieu of holidays) These overtime rates apply for casual day workers on Saturdays and Sundays if no agreement has been made in accordance with 30.2 (b) of the award Saturday Sunday All hours Old - First 3 New Thereafter hours All hours % % % Rates for CASUAL DAYWORKERS-on PUBLIC HOLIDAYS Rates for CASUAL DAYWORKERS performing OVERTIME (Including loading in lieu of holidays) 145% Monday to Saturday Old - Sunday Public Holidays Old - Public holidays First Three Hours Thereafter New New % % % % %

8 SHIFT WORK: IMPORTANT NOTE FOR ALL SHIFTWORKERS: Shift worker rates are governed by either the shift commencement time OR the shift finishing time. It is important to align the times with the relevant shift allowance. Early Morning Shift: Means any shift commencing between 3.00am (2.00am for baking production employees) and 6.00am. Afternoon Shift: Means any shift finishing after 6.00pm and at or before midnight. Night Shift: Means any shift finishing after midnight and at or before 8.00am OR any shift commencing between midnight and 3.00am (2.00am for baking production employees). Night Shift Only: Apples when an employee: (i) who during a period of engagement on shift, works night shift only; or (ii) remains on night shift for a longer period than four consecutive weeks; or (iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at leave one third of their working time off night shift in each shift cycle. AD HOC Arvo/Night Shift: Applies only where a business does not operate at least five successive afternoon or night shifts, and an employee works on an afternoon or night shift at that business, The following are the rates of pay for FULL-TIME SHIFTWORKERS, MONDAY TO FRIDAY- working EARLY MORNING, AFTERNOON, AND NIGHT SHIFTS Old - New Early Morning Shift: Shifts commencing between 3am (2am for Baking Production staff) and 6am (or 5am - cl 30.2 (c)) between 3am (2am) and 4am after 4am - Continuous shifts Afternoon Shift: Shifts finishing after 6pm and at/or before 12am Hours worked before 6pm Hours worked after 6pm Night Shift: Shifts finising after 12am and at/or before 8am OR Commencing between 12am and 3am Hours worked before 6pm between 6pm and 4am after 4am to end of shift 114% 110% 112% 116% 112% 116% 112%

9 The following are the rates of pay for FULL-TIME SHIFTWORKERS working ONLY NIGHT SHIFTS, or working AD-HOC (NON-CONTINUOUS) AFTERNOON AND NIGHT SHIFTS Old - New before 6pm Night Shift Only between 6pm and 4am after 4am to end of shift AD HOC Arvo/Night Shift between 6pm and 4am First 3hrs After 3hrs AD HOC Arvo/Night Shift OTHER THAN between 6pm and 4am First 3hrs After 3hrs 124% 128% 124% 144% 184% 140% 180% The following are the rates of pay for FULL-TIME SHIFTWORKERS working SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS Old - New Saturday Sunday Public Holidays Public Holidays Non-continuous shiftworker 146% 194% 242% 202% Continuous Shiftworkers 9

10 The following are the rates of pay for CASUAL SHIFT WORKERS working MONDAY TO FRIDAY- EARLY MORNING, AFTERNOON, AND NIGHT SHIFTS (including loading in lieu of holidays) Old - New Early Morning Shift: Shifts commencing between 3am (2am for Baking Production staff) and 6am (or 5am - cl 30.2 (c)) 3am (2am) to 4am - Continuous shifts after 4am Afternoon Shift: Shifts finishing after 6pm and at/or before 12am Hours worked before 6pm Hours worked after 6pm Night Shift: Shifts finising after 12am and at/or before 8am OR Commencing between 12am and 3am Hours worked before 6pm Hours worked 6pm to 4am Hours after 4am to end of shift 141% % % % % % % The following are the rates of pay for CASUAL SHIFT WORKERS working ONLY NIGHT SHIFTS, or working AD-HOC (NON-CONTINUOUS) AFTERNOON AND NIGHT SHIFTS (including loading in lieu of holidays) Old - New before 6pm Night Shift Only between 6pm and 4am after 4am to end of shift AD HOC Arvo/Night Shift AD HOC Arvo/Night Shift between 6pm and 4am OTHER THAN between 6pm and First 3hrs After 3hrs First 3hrs After 3hrs % % % % % % % The following are the rates of pay for CASUAL SHIFT WORKERS working SATURDAYS, SUNDAYS and PUBLIC HOLIDAYS (including loading in lieu of holidays) Public Holidays Public Holidays Old - New Saturday Sunday Non-continuous Continuous shiftworker Shiftworkers % % % %

11 Junior BASE rates of pay Under 16 years of age 16 years of age 17 years of age 18 years of age Old New Old New Old New Old New To calculate junior rates (including for casuals), select the junior BASE rate of pay for the appropriate Classification and Age of the junior employee Then find the table that describes the type of employee and shift for this calculation: FULL-TIME/PART-TIME DAYWORKER 4 Saturdays and Sundays 4 Public Holidays 5 Overtime 5 CASUAL DAYWORKER 6 Saturdays and Sundays 7 Public Holidays 7 Overtime 7 FULL-TIME/PART-TIME SHIFTWORKER Explanation of Shift work (Please read this before continuing on) 8 - Early Morning Shifts, Afternoon Shifts, and Night Shifts 8 - Night Shifts Only and Ad Hoc Afternoon/Night Shifts 9 Saturdays, Sundays and Public Holidays 9 CASUAL SHIFTWORKER - Early Morning Shifts, Afternoon Shifts, and Night Shifts 10 - Night Shifts Only and Ad Hoc Afternoon/Night Shifts 10 Saturdays, Sundays and Public Holidays 10 Select the percentage shown in the column that applies, and multiply that by the junior BASE rate of pay. EXAMPLE: BASE rate for juniors 2 2, of 16 years of age = $12.26 Percentage to apply to pay for a FULL TIME DAYWORKER, performing OVERTIME (First 3 hours) = 150% (see table on page 5): The rate of pay is 150% multiplied by $12.26 = $

12 Apprentice BASE rates of pay Completed year 10 or less Completed year 11 Completed year 12 Adult 21 years or over Year/Stage 1 $8.46 Year/Stage 1 $9.40 Year/Stage 1 $9.30 Year/Stage 1 $13.80 Year/Stage 2 $10.78 Year/Stage 2 $10.78 Year/Stage 2 $10.80 Year/Stage 2 $15.65 Year/Stage 3 $14.23 Year/Stage 3 $14.23 Year/Stage 3 $14.23 Year/Stage 3 $16.34 Year/Stage 4 $16.75 Year/Stage 4 $16.75 Year/Stage 4 $16.43 Year/Stage 4 $17.36 To calculate apprentice rates, select the apprentice BASE rate of pay for the appropriate Stage and year of the apprentice. Then find the table that describes the type of employee and shift for this calculation: FULL-TIME/PART-TIME DAYWORKER 4 Saturdays and Sundays 4 Public Holidays 5 Overtime 5 CASUAL DAYWORKER 6 Saturdays and Sundays 7 Public Holidays 7 Overtime 7 FULL-TIME/PART-TIME SHIFTWORKER Explanation of Shift work (Please read this before continuing on) 8 - Early Morning Shifts, Afternoon Shifts, and Night Shifts 8 - Night Shifts Only and Ad Hoc Afternoon/Night Shifts 9 Saturdays, Sundays and Public Holidays 9 CASUAL SHIFTWORKER - Early Morning Shifts, Afternoon Shifts, and Night Shifts 10 - Night Shifts Only and Ad Hoc Afternoon/Night Shifts 10 Saturdays, Sundays and Public Holidays 10 Select the percentage shown in the column that applies, and multiply that by the apprentice BASE rate of pay. EXAMPLE: BASE rate for Apprentice Completed year 11, Stage 1 = $9.40 Percentage to apply to pay for an apprentice performing OVERTIME (First 3 hours) = 150% (see table on page 5): The rate of pay is 150% multiplied by $9.37 = $

13 Allowances: Meal Allowance: Meal Allowance of $12.98 (or the provision of an adequate meal) must be paid to a worker working overtime on each occasion where the day worker was not notified that they were working overtime on the previous day or when the shift worker was not notified on the previous shift. If the employee provides their own meal for overtime and the overtime is cancelled or they do not work the hours previously advised they will be paid the meal allowance for the meal that is surplus. Leading Hand: In charge of: 3-10 employees 166.3% per week extra of the standard rate employees 248.4% per week extra of the standard rate More than 20 employees 316.2% per week extra of the standard rate Heavy Vehicle Driving Allowance: Over 3 tonnes GVW and up to 4.5 tonnes Over 4.5 tonnes GVW and up to tonnes Over tonnes GVW Semi trailer 0.6% of the standard rate per hour extra 5.00% of the standard rate per hour extra 6.6% of the standard rate per hour extra 11.9% of the standard rate per hour extra Vehicle Allowance: An employee who uses their own vehicle in the course of their job will receive $0.76 per kilometre. First Aid Allowance: A qualified person who is designated to do first aid duty must be paid 75.6% of the standard rate extra per week. Damage to Clothing, Spectacles and Hearing Aids: If the damage is a result of the employee performing their duties and as a result of negligence of the Employer the employer is liable for replacement, repair or cleaning. Special Clothing and Equipment Allowance: Where the employee is required to wear special clothing and equipment, e.g. uniform or coloured clothing the employer must reimburse the employee for the cost of purchasing and laundering such clothing and equipment unless the clothing and equipment is paid and/ or laundered by the employer. Cold Work (By Artificial Means): An employee who works for more than one hour in places where the temperature is below 0 c must be paid an extra 2.8% of the standard rate per hour. In addition where the work continues for more than two hours, the employee is entitled to twenty (20) minutes paid rest break every two (2) hours. Hot Places (By Artificial Means): An employee who works for more than one (1) hour where the temperature is between 46 and 54 degrees Celsius, must be paid an extra 2.9% of the standard rate per hour. In excess of 54 degrees Celsius must be paid extra 3.8% of the standard rate per hour. 13

14 Where work continues for more than two hours the employee is entitled to a twenty (20) minute paid rest break every two (2) hours. Wet Places: An employee working in a place where their clothing or boots are saturated by water, oil or another substance, must be paid an extra 2.9% of the standard rate per hour unless the employer provides the employee with protective clothing. Confined Spaces: An employee working in confined space must be paid an extra 3.8% of the standard rate per hour. Dirty or Dusty Work: An employee working in unusually dirty, dusty or offensive nature must be paid an extra 2.9% of the standard rate per hour. Training: All costs associated with standard fees for prescribed courses and textbooks incurred by the employee in connection with training agreed to by the employer must be reimbursed by the employer on production of evidence. Travel costs incurred by an employee in undertaking the training must be reimbursed by the employee. District Allowance: Northern Territory and Western Australia An employee is entitled to payment of district allowance in accordance with the NAPSA prior to 1 st January 2010 will continue to apply until 31 st December Annual Bonus or Christmas Allowance: If an annual bonus or Christmas allowance was in your state award (NAPSA) prior to the 01/01/2010 then the employee is entitled to receive this until 31/12/2014. Overtime: Overtime is 150% for the first three hours and 200% thereafter until completion of the overtime work for day workers and shift workers. A shift worker who is required to work on their rostered day off without 7.6 hours notice shall be paid at 200%. Continuous shiftwork will be paid overtime at 200%. An employee must be provided with ten (10) consecutive hours off duty after overtime or be released from duty on full pay until ten (10) hours has elapsed. If this does not occur then they are paid at the rate of 200% until they are released from duty for ten (10) consecutive hours. Call Back: An employee recalled to work overtime must be paid a minimum of four (4) hours. Stand By: Where the employee is required to hold themselves in readiness to work after ordinary hours, the employee must be paid standing by time at the ordinary rate for the time they are standing by. 14

15 Rest Break on Overtime: An employee working more than one and a half hours overtime must be provided with a paid twenty(20) minutes rest break at ordinary rate of pay. Transport of Employee on Overtime: An employee finishing overtime when reasonable means of transport is not available. The employer must provide transport or pay the employee at overtime rates for the reasonable time for the employee to reach home. Ph: Fax: (07) Gregory Terrace Spring Hill QLD