Fair Work OMBUDSMAN Statement

Fair Work OMBUDSMAN Statement


Employees in Australia have entitlements and protections at work, under: 

FAIR WORK LAWS

 minimum entitlements for all employees

 includes the National Employment Standards

AWARDS

 set minimum pay and conditions for an industry or occupation

 cover most employees in Australia

ENTERPRISE AGREEMENTS

 set minimum pay and conditions for a particular workplace

 negotiated and approved through formal process

EMPLOYMENT CONTRACTS

 provide additional conditions for an individual employee

 can’t reduce or remove minimum entitlements 

Find your award at www.fairwork.gov.au. Check if your workplace has an enterprise agreement at www.fwc.gov.au/agreements

PAY

Your minimum pay rates are in your award or enterprise agreement. If there is no award or agreement for your job, you must get at least the National Minimum Wage. You can’t agree to be paid less. Minimum pay rates are usually updated yearly. 

Find out what you should get at www.fairwork.gov.au/minimum-wages

NATIONAL MINIMUM WAGE FROM 1 JULY 2023

• $23.23/hour full-time or part-time

• $29.04/hour casual

This is the adult minimum rate for employees with no award or enterprise agreement. Lower rates may apply to juniors, apprentices and employees with disability.

Use our free calculators to check your pay, leave, and termination entitlements at: www.fairwork.gov.au/pact

NATIONAL EMPLOYMENT STANDARDS

These are minimum standards for all employees. Rules and exclusions may apply. Your award or agreement may provide more. Find more information on the National Employment Standards at www.fairwork.gov.au/NES



FLEXIBILITY

After 12 months employment, you can make a written request for flexible working arrangements if you’re 55 or over, a carer, have a disability, are experiencing violence from a family member (or are supporting a family or household member who is), or are the parent of, or have caring responsibilities for, a child of school age or younger. This includes employees returning from parental or adoption leave asking to work part-time to care for the child. Your employer must respond in writing within 21 days. They can only say no on reasonable business grounds.

You and your employer can also negotiate an individual flexibility arrangement. This would change how certain terms in your award or enterprise agreement apply to you. An individual flexibility arrangement must be a genuine choice – it can’t be a condition of employment – and it must leave you better off overall. Find out more at:

www.fairwork.gov.au/flexibility

ENDING EMPLOYMENT

When your employment ends, your final pay should include all outstanding entitlements, such as wages and unused annual leave and long service leave. 

You may be entitled to notice of termination, or pay instead of notice. If you’re dismissed for serious misconduct, you’re not entitled to notice. If you resign you may have to give your employer notice. To check if notice is required and what should be in your final pay visit:

www.fairwork.gov.au/ending-employment

If you think your dismissal was unfair or unlawful, you have 21 calendar days to lodge a claim with the Fair Work Commission. Rules and exceptions apply. Find out more at: 

www.fairwork.gov.au/termination



PROTECTIONS AT WORK

All employees have protections at work. You can’t be treated differently or worse because you have or exercise a workplace right, for example, the right to request flexible working arrangements, take leave or make a complaint or enquiry about your employment. 

You have the right to join a union or choose not to, and to take part in lawful industrial activity or choose not to.

You also have protections when temporarily absent from work due to illness or injury, from discrimination, bullying and harassment, coercion, misrepresentation, sham contracting, and undue influence or pressure. Find out more at: 

www.fairwork.gov.au/protections

AGREEMENT MAKING

Enterprise agreements are negotiated between an employer, their employees, and any employee representatives (e.g. a union). This process is called ‘bargaining’ and has to follow set rules. The Fair Work Commission checks and approves agreements. For information about making, varying, or terminating an enterprise agreement visit:

www.fwc.gov.au/agreements

TRANSFER OF BUSINESS

If a transfer of business occurs, your employment with your old employer ends. If you’re employed by the new employer within three months to do the same (or similar) job, some of your entitlements might carry over to the new employer. This may happen if, for example, the business is sold or work is outsourced. Find out more at:

www.fairwork.gov.au/transfer-of-business

RIGHT OF ENTRY

Union officials with an entry permit can enter the workplace to talk to workers that they’re entitled to represent, or to investigate suspected safety issues or breaches of workplace laws. 

They must comply with certain requirements, such as notifying the employer, and can inspect or copy certain documents. Strict privacy rules apply to the permit holder, their organisation and your employer. Find out more at:

www.fwc.gov.au/entry-permits







WHO CAN HELP?

FAIR WORK OMBUDSMAN

• information and advice about pay and entitlements

• free calculators, templates and online courses

• help resolving workplace issues 

• investigates and enforces breaches of workplace laws.

www.fairwork.gov.au – 13 13 94

FAIR WORK COMMISSION

• hears claims of unfair dismissal and unlawful termination, bullying, discrimination or ‘adverse action’ at work

• approves, varies and terminates enterprise agreements

• issues entry permits and resolves industrial disputes.

www.fwc.gov.au – 1300 799 675


Personal Information

1. Personal Detail


VISA NUMBER can be found in the Visa approval letter from the Department of Home affairs. VISA NUMBER는 이민성에서 보내준 비자승인 레터에서 찾을 수 있습니다. VISA NUMBER可以在移民省寄来的签证批准邮件中找到 VISA NUMBERは移民省から送られたビザ承認電子メールから探すことができる。

2. Contact Detail


3. Bank Details/은행정보/银行详细情况/銀行情報


4. Superannuation Details/연금정보/年金/年金


Policy

Safety Induction and Policy

1. Discipline
Star Recruitment Service is committed to a fair and reasonable process for the resolution of issues of unsatisfactory work performance or conduct. The objective of this policy and procedures is to ensure that fair and reasonable process occurs in the management of misconduct or work performance. Employees who are found guilty of serious and wilful misconduct will be summarily dismissed. Serious and willful misconduct includes but is not limited to: theft; assault; wilful damage; fraud; discrimination; sexual harassment; and breaches of workplace health and safety requirements and instructions.
2. Equal Opportunity & Anti-Discrimination
Star Recruitment Service is an equal opportunity employer. All employees are treated on their merits, without regard to race, age, sex, marital status or any other factor not applicable to the position. Star Recruitment Service does not tolerate any form of discrimination. We believe all employees have the right to work in an environment free of discrimination and harassment.
3. Sexual Harassment
Star Recruitment Service considers sexual harassment an unacceptable form of behavior that will not be tolerated under any circumstances. Star Recruitment Service believes that all employees should be able to work in an environment free from intimidation and sexual harassment. Under the Queensland Anti-Discrimination Act and the Federal Sex Discrimination Act, sexual harassment is illegal. All employees are responsible for their own behavior and if they think that the behavior may offend, then they should not do it.
4. Workplace Health & Safety
Star Recruitment Service is committed to the promotion and protection of freedom from disease or injury to persons caused, and risk of disease or injury to persons created, by workplaces, workplace activities and certain plant, and for related purposes. Star Recruitment Service has conducted a Workplace Health and Safety Risk Management Assessment and training manuals have been developed.
All new employees will receive training in the hazards and control measures for the area in which they will work and the activities that they will perform.
One of the hazards is manual handling and to prevent back and other body muscular injuries, all employees must understand the manual handling instructions. Employees must take reasonable steps to safely prevent and/or any actions that they believe to be unsafe.
5. Workplace Harassment
Workplace Harassment is illegal in Queensland and Star Recruitment is committed to ensuring a healthy and safe workplace that is free from workplace harassment. Workplace harassment is unacceptable and will not be tolerated under any circumstances.
6. Employee Grievances
Star Recruitment Service is committed to a fair and prompt resolution to its employee’s grievances and so the Grievance policy and procedures have been prepared to identify and manage the process. Any employee with a grievance should advise their supervisor or the business owner if they have a grievance that they want resolved.
7. Dress
Dress at Star Recruitment Service is casual; however, you must wear clothing that ensures that you are safe from elements(weather) and from being caught
STAR RECRUITMENT SERVICE PTY LTD (ABN : 97 632 839 000) / admin@srservice.com.au / 0426 043 597
in machinery. Hats, closed footwear and either long sleeves or sunscreen must be worn in the field. Hi- visibility jacket, mask and hairnets(or hats) and closed footwear must be worn in the packing shed. No singlets, no bikinis or shirtless attire is permitted anywhere on the farm. Failure to wear appropriate protective clothing breaches your health and safety obligations and doing so may result in your instant dismissal.
8. Language
Your language must at all times be courteous and must not include swearing.
9. Skylarking
The throwing of missiles, including fruit is strictly forbidden. Skylarking is dangerous and often leads to accidents and injuries. It is considered serious misconduct and may result in instant dismissal.
10. Food hygiene
A person must not engage in any behavior which could result in contamination of food such as: Eating; smoking; chewing anything; or any other unhygienic behavior in food handling areas. Any person with broken skin must report immediately to the First aid officer to be treated. Any worker with an existing treatment such as a band-aid, bandage or similar treatment must report to the First aid officer to have the treatment approved before commencing work.
Any person with a communicable disease or condition, e.g. Cold, flu, cough, diarrhea, vomiting, must advise their employer and not attend work until they have recovered from the condition.
11. Hand Washing
All employees who will be engaged in handling fruit must wash their hands:
(a) before starting a period of work; and
(b) immediately after using the toilet; and
(c) after touching the nose or mouth; and
(d) after handling contaminated material such as boxes, tools etc; and
The wearing of gloves does not exempt a person from having to thoroughly wash their hands as required above.
12. Operations
All new employees will receive training in the procedures required to do their job. No employee can begin any work until they have received training and understand the relevant operating procedures and safe work instructions. Before starting work employees must have been trained in the relevant Work Instruction.
13. Photography
Personal photographic images of employees may be used for marketing and training. Should photographic images be used no personal information, such as names, will be used in any publications unless express consent is given.

Personal History

Please Choose

















Declaration

DECLARATION

I do sincerely declare that the contents of this form are true and correct to the best of my knowledge and that no relevant information has been withheld.
I understand that any wilfully incorrect or misleading answer or material omission which relates to any of the questions in this document may make me ineligible for employment, or if employed, liable to disciplinary action which may include dismissal. I understand that this pre-employment declaration may form part of my employment file. Failure to make a disclosure may dis-entitle you to compensation should you suffer any recurrence, aggravation, acceleration, exacerbation or deterioration of a pre-existing injury or disease arising from employment.
I have read, understood and agree to the piece work conditions should I be employed on a piece work basis.
I acknowledge that I have been provided a copy of the Fair Work Information Statement.
If English is not your native language by agreeing below I hereby acknowledge that I have had this piecework Agreement explained to me by a translator and have been issued a copy in my country of origin Language.

아래에 동의함으로써 영어가 모국어가 아닌 경우, 나는 이 성과급 계약 번역자에 의해 모국어로 설명을 받았고 모국어사본을 발급 받은 것으로 인정합니다.

如果英语不是您的母语,请在下面签名,我在此确认我已经做了这件作品 协议由翻译人向我解释,并已在我的原籍国语言中印发了一份 下に署名して英語があなたの母国語でない場合、私はこの作品を作ったことを認めます 契約書は翻訳者によって私に説明され、原産国にコピーが発行されました。

COVID-19 Worker Health Declaration

COVID-19 Worker Health Declaration Form





Declaration

Piece Work Agreement

Agreement between


Star Recruitment Service Pty Ltd ABN : 97 632 839 000 Director: Seong-taek Jeon

And

Employee



In making this application you agree that your employment may be for piecemeal work. To make this application you must first agree to the conditions for piecework pursuant to the Horticultural Award 2020 (“the Award”), as follows:

Piece Work Conditions for Strawberry Picking

1. The employee will receive a piecework rate for each kilo of strawberries picked.

2. The piecework rate shall be calculated daily on the basis that an average employee should earn at least the equivalent as if the said employee had worked at the award hourly rate.

3. If during the currency of this agreement, the minimum remuneration of the employee, averaged over a period of three consecutive days, is less than such employee would have earned had he or she been employed at the hourly rate prescribed by the award for the class of work plus 15%, then this agreement may be terminated forthwith by giving notice of intention to terminate the agreement by one party to the other.

4. However, if neither party elects to terminate the agreement, the agreement shall remain in force and the piecework rate as fixed by paragraph 2 above shall notwithstanding be deemed to conform to the requirements of the Award.

5. The amount of money the employee earns will depend on their productivity. But even though employee’s productivity is lower than minimum wage, employees are guaranteed the minimum weekly or hourly wage in the Award relevant to their employment status and classification level.

 Must work more than 60 days within the season and achieved a satisfactory work performance result (adhering and respecting supervisor’s directions, achieving good daily picking results and displaying a good work ethic and behavior), as determined by Management.

 Must not have no more than 5 working days off without approval from the Farm Manager. If you are unable to work due to illness or if you want a day off, then you must get the Farm Manager to approve the leave. The details must be recorded in the register & signed(Electronice agreed) by the employee and the Farm Manager.

 Must be at work on the last day of the season, which will be determined by Management. If an employee is asked to leave the farm due to insufficient production in harvest, then the said employee will receive the bonus calculated for the time period worked.



Piece Work Conditions for Strawberry Packing

1. The employee shall receive a piecework rate per punnet packed.

2. This piecework rate shall be calculated daily on the basis that an average employee should earn at least the equivalent as if the said employee had worked at the award hourly rate.

3. If during the currency of this agreement the minimum remuneration of the employee, averaged over a period of three consecutive days, is less than such employee would have earned had he or she been employed at the hourly rate prescribed by the award for the class of work plus 15%, then this agreement may be terminated forthwith by giving notice of intention to terminate the agreement by one party to the other.

4. However, if neither party elects to terminate the agreement, the agreement shall remain in force and the piecework rate as fixed by paragraph 2 of this agreement shall notwithstanding be Deemed to Conform to the requirements of the award.

 Must work more than 90 days within the season and achieved a satisfactory work performance result (adhering and respecting supervisor’s directions, achieving good daily packing results and displaying a good work ethic and behaviour).

Must not have no more than 5working days off without approval from the Farm Manager. If you are unable to work due to illness or if you want a day off, then you must get the Farm Manager to approve the leave. The details must be recorded in the register & signed(Electronic agreed) by the employee and the Farm Manager.

 Must be at work on the last day of the season, which will be determined by Management. If an employee is asked to leave the farm due to insufficient production in harvest, then the said employee will receive the bonus calculated for the time period worked.

The minimum piecework rate/s which must be paid by the Employer to the Employee for performing the Work is as specified in Schedule A to the Agreement.



Schedule A

-Piecework rates 1(Casual Employee- including 25% casual loading) - FARM HAND

Level 1 $28.26

Level 2 $29.03

Level 3 $29.83

Level 4 $30.91

Level 5 $32.72





-Piecework rate 2 – Packing Strawberries

Variables : Production volume, Punnet size, Machinery breakdown, Temperature in shed $0.10-$0.25 per punnet



-Piecework rate 3 – Picking Strawberries

$0.04-$1.5 per kg or $0.80-$3.00 per tray

Variables : Weather, Ripening, Type of picking (eg Selective picking)



-Piecework rate 4 – Planting & Pulling out strawberry plants

$0.02-$0.05 per plant

Variables : Weather, Plant spacing, Type of plant, Plant density



-Piecework rate 5 – Cutting Strawberry plants

$0.01-0.10 per plant

Variables : Weather, Plant density



-Piecework rate 6 – Picking raspberries

Minimum $0.50 per punnet

Variables : Weather, Ripening type of picing(Selective picking)



-Piecework Rate 7 – Planting & Pulling out raspberry plants

Minimum $0.20 per bag

Variables : Weather, Palnt spacing, Type of plant, plant density



-Piecework Rate 8 – Cutting Raspberry Plants

Minimum $0.20 per bag

Variables : Weather, Plant density



• The piecework rate/s must enable an ‘average competent employee’ to earn at least 15% more per hour than the minimum hourly rate in the Award for their type of employment and classification level 1.

• The piecework rate for an ‘average competent employee’ may change from day-to-day depending upon variables like weather conditions; ripening process; type of bin; type of picking (e.g. selective or stripping), pruning or packing; size of trees/plants; density of trees/plants. The Agreement can include a number of piecework rates for these variable situations or you can agree to vary the Agreement or make a new Agreement for each change.

• The piecework rate/s should be reviewed in light of any changes in the Award rate.

• If the piecework rate/s is varied, it must be agreed between the Employee and Employer, put in writing and signed by both.

• The piecework rate/s must be paid for all work performed in accordance with the Agreement. The piecework rate/s will be paid instead of the hourly or weekly wages specified in clause 14 of the Award. 2

• A casual employee must also be paid the casual loading. The casual loading is paid based on the base weekly or hourly rate of pay, not on the calculated piecework rate.

• The following clauses of the Horticulture Award do not apply to an employee on a piecework rate: (a) Clause 22—Ordinary hours of work and rostering;

(b) Clause 24—Overtime; and (c) Clause 24.3—Meal allowance

• The Employee’s earnings will depend on their productivity. However, The Agreement is guarantee that the Employee will earn at least the minimum weekly or hourly wage in the Award for the type of employment and the classification level of the Employee.

• The Employer must give the Employee a copy of the piecework agreement and the Employer must keep it as an employment record.

• The Employer should keep a record of how they calculated the piecework rates.

PIECE WORK AGREEMENT




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