Security Industry (State) Award NSW AN120497 s1

Food beverages and tobacco industry (manufacturing) – Dairy sector awards – Scope Detailed – Federal Awards

Butter Factories and Condensories Award 1998 [AP769629CRV – Fed]...... 3

Clause 6 Coverage of award...... 3 Clause 7 Parties bound...... 3 Schedule A Respondents...... 3

Butter, Cheese and Other Dairy Products (State) Award [AN120098 – NSW]...... 4

Clause 32 Area, incidence and duration...... 4

Margarine Makers (State) Award [AN120329 – NSW]...... 5

Clause 27 Area, incidence and duration...... 5

Butter and Cheese Factories Award – Southern Division [AN140050 – Qld]...... 6

Clause 1.4 Coverage...... 6 Clause 1.5 Definitions...... 6 Clause 1.6 Parties bound...... 6

Butter and Cheese Manufacturing Award – Northern and Mackay Divisions

[AN140051 – Qld]...... 7

Clause 1.4 Coverage...... 7 Clause 1.5 Definitions...... 7 Clause 1.6 Area of operation...... 7 Clause 1.7 Parties bound...... 7

Milk Processing & Cheese Etc., Manufacturing Award [AN150083 – SA]...... 8

Clause 1.3 Scope and persons bound...... 8 Clause 1.4 Locality...... 8 Clause 1.5 Duration...... 8 Clause 1.6 Definition...... 8

Dairy Factory Workers’ Award 1982 [AN160094 – WA]...... 9

Clause 3 Scope...... 9 Clause 4 Area...... 9

Butter and Cheesemakers Award [AN170012 – TAS]...... 10

Clause 5 Award interest...... 10 Clause 7 General Definitions...... 10

Food beverages and tobacco industry (manufacturing) – Dairy sector awards – Scope Detailed – Federal Awards – as at 20 March 2009

1 Dairy Processing Award [AN170023 – TAS]...... 12

Clause 5 Award interest...... 12 Clause 7 General definitions...... 12

Food beverages and tobacco industry (manufacturing) – Dairy sector awards – Scope Detailed – Federal Awards – as at 20 March 2009

2 Butter Factories and Condensories Award 1998 [AP769629CRV – Fed]

Clause 6 Coverage of award

This award shall apply to the process, trade, business or occupation of manufacturing and preparing for trade or sale butter, casein, cheese, cream, condensed milk, dried milk sterilised milk, milk sugar or any other milk product including the treatment of bulk milk for wholesale distribution but excluding any occupation subject to the Food, Beverages and Tobacco Industry - Retail Dairies - Victoria - Award 1996 or its successor.

Clause 7 Parties bound

This award shall be binding upon: 7.1 The National Union of Workers (the union), it's officers and members; 7.2 All employees, whether members of the union or not, engaged in any of the occupations or callings specified in clause 6 - Coverage of award, of this award; 7.3 The employers specified in Schedule A in respect of their operation throughout the State of Victoria.

Schedule A Respondents

[31272/94, 31107/93] Australian Industry Group, 380 St Kilda Rd, Melbourne, 3004

Bonlac Foods Limited, 565 St Kilda Rd, Melbourne, 3004 KL Ballantyne Pty Ltd, 124 York St, South Melbourne, 3205

[30602/95] De Ciccio Industries, 10-16 Allenby St, North Coburg, 3058

[33025/94] Jalna Dairy Foods Pty Ltd, 31 Commercial Rd, Thomastown, 3074

[35124/94] McCain Foods Australia Pty Ltd, PO Box 105, Wendouree, 3355

Nestle Australia Ltd, Henderson Rd, Tongala, 3621

[31461/94] Protein Victoria Ltd, Great Ocean Rd, Allansford, 3277

Regal Cream, 27 Arden St, North Melbourne, 3051 Regal Cream, 43 Connor St, Colac, 3250

[31461/94] Sungold Dairies, Great Ocean Rd, Allansford, 3277

Tatura Milk, PO Box 213, Tatura, 3616

United Dairies, Western Hwy, Wallace, 3352

[31272/94] Victorian Employers Chamber of Commerce & Industry, 50 Burwood Rd, Hawthorn, 3122

Warrnambool Cheese and Butter Factory, Great Ocean Rd, Allansford, 3277

Warrnambool Milk Products, Great Ocean Rd, Allansford, 3277

Butter Factories and Condensories Award 1998 [AP769629CRV – Fed] Butter, Cheese and Other Dairy Products (State) Award [AN120098 – NSW]

Clause 32 Area, incidence and duration

32.1 This Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Butter, Cheese and Bacon Factories and Milk and Cream Condenseries, &c. (State) Award published 19 May 1995 (285 I.G. 1187), as varied, and the Butter, Cheese and Bacon Factories and Milk and Cream Condenseries Redundancy Award published 21 April 1995 (285 IG 433).

32.2 The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 15 December 2000.

32.3 This award remains in force until varied or rescinded, the period for which it has been made having already expired.

32.4 This award applies to persons engaged in whole milk receival and treatment plants other than plants which receive, treat and retail milk only, butter, cheese, condensed milk, dried milk, casein factories associated with milk, butter and/or cheese factories, and/or including persons employed by any such factory or plant to collect bulk milk and/or cream at farms other than farms inside the County of Cumberland who are required to grade milk and/or cream before collection in the State, excluding the County of Yancowinna, the County of Northumberland and that part of the State which is bounded on the south by the northern boundary of the last mentioned county from its eastern extremity westward to the point of its intersection by the main railway line from Singleton to Walgett, thence on the west by the said railway line to Walgett (and including all towns on such railway line from Singleton to Walgett), thence by a line running due north to the New South Wales-Queensland border, thence on the north by such border extending eastwards to the coastline, thence on the east by the coastline extending southwards, to the north-eastern extremity of the County of Northumberland and in all towns on the railway line from Muswellbrook to Merriwa, inclusive;

Excepting:

Persons employed in the preparation and manufacture of malted milk, carters, grooms, stablepersons, yardpersons, drivers of motor or other power propelled vehicles (other than persons engaged in the collection of bulk milk and/or cream at farms outside the County of Cumberland who are required to grade milk and/or cream before collection) and labourers employed in connection therewith;

Engine-drivers, firepersons, greasers, trimmers and cleaners and pumpers engaged in or about the driving of engines and electrical crane, winch and motor drivers;

Butter, Cheese and Other Dairy Products (State) Award [AN120098 – NSW] Margarine Makers (State) Award [AN120329 – NSW]

Clause 27 Area, incidence and duration

(a) This award shall apply to all employees classified herein and employed within the scope of the Industries and Callings of this award.

(b) The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 1 July 2004.

(c) This award remains in force until varied or rescinded, the period for which it was made already having expired.

Industries and Callings

All persons employed in the manufacture of margarine in the State, excluding the County of Yancowinna; excepting employees employed in abattoirs, meat works, slaughterhouses and meat preserving works in the County of Cumberland; and excepting also engine drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines, electrical crane, winch and motor drivers.

Margarine Makers (State) Award [AN120329 – NSW] 5 Butter and Cheese Factories Award – Southern Division [AN140050 – Qld]

Clause 1.4 Coverage

1.4.1 This Award applies to employees engaged in or in connection with butter and cheese factories within the Southern Division of the State of Queensland - that is, all that part of the State south of a line commencing at the junction of the sea-coast with 22 degrees of south latitude; then by that parallel of latitude west to 147 degrees of east longitude; then by that meridian of longitude south to 22 degrees 30 minutes of south latitude; then by that parallel of latitude west to the western border of the State.

1.4.2 As to the employers named in the Schedule to this Award the provisions of the Award are modified in accordance with the requirements of the individual Orders listed in such Schedule.

1.4.3 This Award shall not apply to employees covered by the Dairy Products Industry - Queensco- Unity Dairyfoods Co-operative Association Limited and Malando Dairyfoods Limited Award - State 2004.

Clause 1.5 Definitions

1.5.1 The "Act" means the Industrial Relations Act 1999 as amended or replaced from time to time.

1.5.2 "Commission" means the Queensland Industrial Relations Commission.

1.5.3 "Dairy Produce Laboratory Technician" means an employee who holds a current Dairy Produce Laboratory Technicians' Certificate of Competency, as issued by the Director of Dairying under the Dairy Industry Act 1993, and who is principally engaged within a registered Dairy Produce Laboratory carrying out tests, functions and duties within the parameters determined from time to time under the Dairy Industry Act 1993 and Regulations to that Act.

1.5.4 "Union" means The Australian Workers' Union of Employees, Queensland.

Clause 1.6 Parties bound

This Award is legally binding upon the employees as prescribed by clause 1.4 and their employers, and The Australian Workers' Union of Employees, Queensland and its members.

Butter and Cheese Factories Award – Southern Division [AN140050 – Qld] 6 Butter and Cheese Manufacturing Award – Northern and Mackay Divisions [AN140051 – Qld]

Clause 1.4 Coverage

This Award applies to employees engaged in or in connection with the butter factories and cheese factories in the Northern and Mackay Divisions of Queensland.

As to the employers named in the Schedule to this Award the provisions of the Award are modified in accordance with the requirements of the individual Orders listed in such Schedule.

This Award shall not apply to employees covered by the Dairy Products Industry - Queensco-Unity Dairyfoods Co-operative Association Limited and Malanda Dairyfoods Limited Award - State 2004.

Clause 1.5 Definitions

1.5.1 The "Act" means the Industrial Relations Act 1999 as amended or replaced from time to time.

1.5.2 "Commission" means the Queensland Industrial Relations Commission.

1.5.3 "Dairy Produce Laboratory Technician" means an employee who holds a current Dairy Produce Laboratory Technicians' Certificate of Competency, as issued by the Director of Dairying under the Dairy Industry Act 1993, and who is principally engaged within a registered Dairy Produce Laboratory carrying out tests, functions and duties within the parameters determined from time to time under the Dairy Industry Act 1993 and Regulations to that Act.

1.5.4 "Union" means the The Australian Workers' Union of Employees, Queensland.

Clause 1.6 Area of operation

For the purpose of this Award the Divisions are as follows:

1.6.1 Divisions

Northern Division - That portion of the State along or north of a line commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees 30 minutes of south latitude; then by that parallel of latitude due west to the western border of the State.

Mackay Division - That portion of the State within the following boundaries: Commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian or longitude due south to 22 degrees of south latitude; then by that parallel of latitude due east to the sea-coast; then by the sea-coast northerly to the point of commencement.

Clause 1.7 Parties bound

This Award is legally binding upon the employees as prescribed by clause 1.4 and their employers, and The Australian Workers' Union of Employees, Queensland and its members.

Butter and Cheese Manufacturing Award – Northern and Mackay Divisions [AN140051 – Qld] 7 Milk Processing & Cheese Etc., Manufacturing Award [AN150083 – SA]

Clause 1.3 Scope and persons bound

1.3.1 Except as provided in clause 1.3.2, this Award shall be binding on the industry of the occupations of persons employed in:

1.3.1.1 The manufacture of all products from and in the processing of milk and cream, including (without limitation of meaning) any occupations performed in or about any milk and/or cream depot in connection with any such manufacture and/or processing and in connection with the handling of ice or other work in cooler or freezer works connected and in association with any milk and/or cream depot.

1.3.1.2 The manufacture from any ingredients whatsoever of ice blocks, frozen ices and the like of any shape for human consumption whether as employers or employees and whether members of an association or not.

1.3.2 This Award shall not be binding on those persons who at the time of the making of this Award were subject to an industrial agreement within the meaning of Schedule 1 - Transitional Provisions of the Act or an Enterprise Agreement under the said Act.

Clause 1.4 Locality

This Award shall apply throughout the State of South Australia.

Clause 1.5 Duration

The Award in this matter as amended following a review conducted pursuant to section 99 of the Act was made on and from 22 December 2005 and continues in force in accordance with section 96 of the Act.

Clause 1.6 Definition

In this Award except where otherwise indicated:

1.6.1 Act means the Fair Work Act 1994.

1.6.2 Commission means the Industrial Relations Commission of South Australia.

1.6.3 Continuous service means service as prescribed in clause 1.7.

1.6.4 Spouse includes a defacto spouse but, except in relation to parental leave, does not include a spouse from whom the employee is legally separated.

1.6.5 Union means the Liquor Hospitality and Miscellaneous Union.

1.6.6 Weeks pay means the ordinary time rate of pay for the employee concerned, as prescribed in clause 4.7.1.

Milk Processing & Cheese Etc., Manufacturing Award [AN150083 – SA] 8 Dairy Factory Workers’ Award 1982 [AN160094 – WA]

Clause 3 Scope

This award shall apply to employees employed in the callings set out in clause 29. - Wages of this award in butter and/or cheese factories, milk condenseries and establishments in which persons are permitted pursuant to the Milk Act, 1946-1964, to treat milk and replaces Award of 15 of 1964.

Clause 4 Area

This award shall operate throughout the State of Western Australia.

Schedule A Parties to the Award

The Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch

Dairy Factory Workers’ Award 1982 [AN160094 – WA]

9 Butter and Cheesemakers Award [AN170012 – TAS]

Clause 5 Award interest

Unless otherwise specified, this award shall have application to and be binding upon:

(a) The following employee Organisation has an interest in this award pursuant to Section 63(10) of the Industrial Relations Act 1984:

(i) The Australian Municipal, Administrative, Clerical and Services Union;

(ii) The Australian Workers’ Union Tasmania Branch;

(iii) The National Union of Workers (Central Branch);

(iv) The Transport Workers’ Union of Australia, (Victoria/Tasmanian Branch).

(b) The following employer Organisation has an interest in this award pursuant to Section 63(10) of the Industrial Relations Act 1984

The Tasmanian Farmers and Graziers Employers Association;

(c) The following Organisation is deemed to have an interest in this award pursuant to Section 62(2) of the Industrial Relations Act 1984;

The Tasmanian Chamber of Commerce and Industry Limited.

(d) The following Organisation is deemed to have an interest in this award pursuant to Section 62(3) of the Industrial Relations Act 1984;

The Tasmanian Trades and Labor Council.

Clause 7 General Definitions

‘Leading hand’ means any adult employee appointed as a leading hand by an employer, who while working under direction of the management, gives instructions to or is responsible for the work of other employees.

‘Maker's capacity’ shall mean the capacity attributed to the vehicle by the seller or maker thereof except in cases where on any day the maximum weight of any load exceeds such capacity by one-third or more thereof, in which cases such maximum load shall, for the purposes of assessing the wages to be paid for that day, be deemed to be the Maker's capacity.

‘Shift worker’ shall mean an employee who is rostered to work continuous periods on shifts outside of the hours prescribed in Part V – hours of work, penalty payments and overtime Clause 2 - Implementation of 38 Hour Week, subclause (a) of this award or, whose hours of work alternate from one shift to another.

‘Show day’ means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day is agreed on by the employee and the employer, therefore making a total of 11 paid public holidays per year.

Butter and Cheesemakers Award [AN170012 – TAS] 10 ‘Union’ means a registered organisation of employees listed in Part I – application and operation of the award, Clause 5 - Award Interest of this award.

Butter and Cheesemakers Award [AN170012 – TAS] 11 Dairy Processing Award [AN170023 – TAS]

Clause 5 Award interest

(a) The following employee organisations have an interest in this award pursuant to section 63(10) of the Industrial Relation Act 1984:

The Australian Workers’ Union, Tasmania Branch

The Transport Workers' Union of Australia (Victorian/Tasmanian Branch)

(b) The following employer organisation is deemed to have an interest in this award pursuant to section 62(2) of the Industrial Relations Act 1984:

The Tasmanian Chamber of Commerce and Industry Limited

(c) The following organisation is deemed to have an interest in this award pursuant to section 62(3) of the Industrial Relations Act 1984:

The Tasmanian Trades and Labor Council.

Clause 7 General definitions

In this award except where otherwise clearly intended:

‘Adult’means any employee other than an apprentice eighteen years of age or over.

‘Casual employee’ means an employee engaged and paid by the hour.

‘Cyclic Roster’ means where the employer requires an employee to work a roster that requires the employee to regularly work, as part of the roster, on a Saturday, Sunday and or a holiday as prescribed in Part VII – CONSULTATION AND DISPUTE RESOLUTION, Clause 4 - Productivity and Efficiency, of this award.

‘Part-time employee’ means a person employed on a permanent basis of not less than 15 hours per week shall be deemed to be employed on a part-time basis.

Such persons are eligible for wages and leave accruals on a pro rata basis in accordance with the relevant provisions of this award for weekly employees.

‘Temporary employee’ means an employee engaged for a predetermined length of time - not exceeding 12 months and who is subject to all conditions of this award.

Show day’ means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the employee and the employer, therefore making a total of 11 paid public holidays per year.

‘Union’ means a registered organisation of employees listed in Part I – APPLICATION AND OPERATION OF THE AWARD, Clause 5 - Award Interest of this award.

Dairy Processing Award [AN170023 – TAS] 12