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.