MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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Food, Beverage and Tobacco Manufacturing Award 2010 (d) Clause 26.7 ceases to operate on 31 December 2014. 26.8 Annual bonus or Christmas allowance (a) An employee is entitled to payment of an annual bonus or Christmas allowance in accordance with the terms of: [26.8(a)(i) substituted by PR994527, PR503716 ppc 01Jan11] (i) (ii) a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010, an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011 if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, Division 2B State employment agreement or enterprise agreement had applied to the employee; and that would have entitled the employee to payment of an annual bonus or Christmas allowance. (b) Clause 26.8 ceases to operate on 31 December 2014. 26.9 Adjustment of expense related allowances (a) (b) At the time of any adjustment to the standard rate, each expense related allowance must be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted. The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows: Allowance Meal allowance Vehicle allowance Applicable Consumer Price Index figure Take away and fast foods sub-group Private motoring sub-group 27. Extra rates not cumulative The extra rates in this award, except rates prescribed in clause 26.3 (Special rates) and rates for work on public holidays, are not cumulative so as to exceed the maximum of double ordinary time rates. 28. Payment of wages 28.1 Period of payment (a) Except as provided in clause 28.1(b), wages must be paid weekly or fortnightly, either: 26 MA000073
Food, Beverage and Tobacco Manufacturing Award 2010 (i) (ii) according to the actual ordinary hours worked each week or fortnight; or according to the average number of ordinary hours worked each week or fortnight. (b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee. 28.2 Method of payment Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account. 28.3 Payment of wages on termination of employment On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee on the next working day. 28.4 Day off coinciding with pay day Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day. 28.5 Wages to be paid during working hours (a) (b) Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours. If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, the employee is to be paid at overtime rates for the period they are kept waiting. 28.6 Absences from duty under an averaging system Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following is to apply: (a) (b) (c) the employee will accrue a credit for each day they work ordinary hours in excess of the daily average; the employee will not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service; and an employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance. MA000073 27
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MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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