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MA000073 - Food, Beverage and Tobacco Manufacturing Award 2010

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<strong>Food</strong>, <strong>Beverage</strong> <strong>and</strong> <strong>Tobacco</strong> <strong>Manufacturing</strong> <strong>Award</strong> <strong>2010</strong><br />

(c)<br />

the cleaning <strong>and</strong> sanitising of tools, equipment <strong>and</strong> machinery used to produce<br />

food, beverage <strong>and</strong> tobacco products, including stock feed <strong>and</strong> pet food.<br />

NES means the National Employment St<strong>and</strong>ards as contained in sections 59 to 131<br />

of the Fair Work Act 2009 (Cth).<br />

[Definition of on-hire inserted by PR994527 from 01Jan10]<br />

on-hire means the on-hire of an employee by their employer to a client, where such<br />

employee works under the general guidance <strong>and</strong> instruction of the client or a<br />

representative of the client.<br />

st<strong>and</strong>ard rate means the minimum hourly wage prescribed for the Level 5<br />

classification in clause 20.1(a).<br />

[Definition of transitional minimum wage instrument inserted by PR994527 from 01Jan10]<br />

transitional minimum wage instrument has the meaning in the Fair Work<br />

(Transitional Provisions <strong>and</strong> Consequential Amendments) Act 2009 (Cth).<br />

3.2 Where this award refers to a condition of employment provided for in the NES, the<br />

NES definition applies.<br />

4. Coverage<br />

[Varied by PR994527]<br />

4.1 This industry award covers employers throughout Australia in the food, beverage<br />

<strong>and</strong> tobacco manufacturing industry <strong>and</strong> their employees in the classifications in<br />

this award to the exclusion of any other modern award.<br />

4.2 This award does not cover an employee excluded from award coverage by the Act.<br />

4.3 This award does not cover employees who are covered by a modern enterprise<br />

award, or an enterprise instrument (within the meaning of the Fair Work<br />

(Transitional Provisions <strong>and</strong> Consequential Amendments) Act 2009 (Cth)), or<br />

employers in relation to those employees.<br />

[New 4.4, 4.5 <strong>and</strong> 4.6 inserted by PR994527 from 01Jan10]<br />

4.4 The award does not cover employees who are covered by a State reference public<br />

sector modern award, or a State reference public sector transitional award (within the<br />

meaning of the Fair Work (Transitional Provisions <strong>and</strong> Consequential Amendments)<br />

Act 2009 (Cth)), or employers in relation to those employees.<br />

4.5 This award covers any employer which supplies labour on an on-hire basis in the<br />

industry set out in clause 4.1 in respect of on-hire employees in classifications<br />

covered by this award, <strong>and</strong> those on-hire employees, while engaged in the<br />

performance of work for a business in that industry. This subclause operates subject<br />

to the exclusions from coverage in this award.<br />

4.6 This award covers employers which provide group training services for apprentices<br />

<strong>and</strong>/or trainees engaged in the industry <strong>and</strong>/or parts of industry set out at clause 4.1<br />

<strong>and</strong> those apprentices <strong>and</strong>/or trainees engaged by a group training service hosted by a<br />

company to perform work at a location where the activities described herein are<br />

6 <strong>MA000073</strong>

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