Gardening Services (remainder) – Scope Detailed Federal Awards and NAPSAs Gardening, Nurseries and Greenkeeping (Northern Territory) Award 1998 [AP782197CRV – Fed] .............................................................................................. 2 Clause 3 Industry and scope of award .................................................................... 2 Clause 4 Locality ..................................................................................................... 2 Clause 5 Parties bound ........................................................................................... 2 Declaration—Northern Territory .............................................................................. 2 Greenkeepers Award [AN150060 – SA] .................................................................. 3 Clause 1.3 Scope, persons bound and locality ....................................................... 3 Landscape Gardeners, &C. (State) Award [AN120308 – NSW] ............................. 4 Clause 32 Area, incidence and duration ................................................................. 4 Landscape Gardening Industry Award [AN160190 – WA]..................................... 5 Clause 3 Area and scope ........................................................................................ 5 Clause 27 Definitions .............................................................................................. 5 Miscellaneous Gardeners, &c. (State) Award [AN120340 – NSW] ........................ 6 Clause 4 Classifications .......................................................................................... 6 Clause 34 Area, incidence and duration ................................................................. 8 Gardening Services (remainder) Industry – Federal Awards & NAPSAs – Scope Detailed – As at 1 July 2009 1 Gardening, Nurseries and Greenkeeping (Northern Territory) Award 1998 [AP782197CRV – Fed] Clause 3 Industry and scope of award This award shall govern the wages and conditions of employment of all employees, whether permanent or casual, engaged in the performance of work in or in connection with, or incidental to the industries and/or industrial pursuits of gardening and greenkeeping. Without in any way limiting the foregoing, this shall include plant nurseries. Clause 4 Locality This award shall apply throughout the Northern Territory. Clause 5 Parties bound This award is binding on the employers referred to in the schedule of respondents in respect of all employees, whether members or not of Liquor, Hospitality and Miscellaneous Union (the union), and its officers and members. Declaration—Northern Territory 1. The Gardening, Nurseries and Greenkeeping (Northern Territory) Award 1986, as varied to date shall be a common rule of the industries and/or industrial pursuits of gardening, nursery work and greenkeeping in the Northern Territory, and shall be binding on all employers in the said industry in respect of the employment by them of employees in the classifications for which provision is made in the said award and shall be binding on all such employees. 2. The declaration shall not apply to: (a) any employer in respect of an employee in Public Sector employment; (b) any employer in respect of any employees covered by any other award or agreement made under the Workplace Relations Act 1996; (c) the manufacturing section of the business of employers. 3. This declaration shall operate from midnight on 16th April 1998. Gardening, Nurseries and Greenkeeping (Northern Territory) Award 1998 [AP782197CRV – Fed] 2 Greenkeepers Award [AN150060 – SA] Clause 1.3 Scope, persons bound and locality 1.3.1 This Award applies throughout South Australia to the persons engaged in the occupations and callings of the industry of the construction, maintenance and upkeep of Golf Courses, Bowling Greens, Ovals, Parks, Gardens and Sporting Grounds, whether as employers or employees and whether members of an association or not. 1.3.2 This Award does not apply to persons bound by the Local Government Employees Award, the Race-Course Groundspersons Award or the Cemetery Employees Award. Greenkeepers Award [AN150060 – SA] 3 Landscape Gardeners, &C. (State) Award [AN120308 – NSW] Clause 32 Area, incidence and duration This award was made on 21 December 2000 following a Section 19 review pursuant to the Industrial Relations Act 1996 and rescinds and replaces the Landscape Gardeners, &c. (State) Award published 18 February 1994 (278 I.G. 553) and all variations: thereof, the Landscape Gardeners, &c., Training Wage Award published 8 December 1995 (289 I.G. 1129) and all variations thereof, and the Landscape Gardeners &c., Redundancy (State) Award published 13 April 1995 (285 I.G. 18). It shall apply to all persons who are employees of landscape or master gardeners engaged in designing, preparing, planting and/or maintaining lawns, gardens, parklands, recreation areas, and paths in connection therewith in the State, excluding the County of Yancowinna; excepting employees of: The Council of the City of Sydney; The Council of the City of Newcastle, and all municipal, shire and county councils; The Australian Gas Light Company; The Broken Hill Proprietary Company Limited at Newcastle; Australian Wire industries Pty Ltd at its Newcastle Wiremill; The Commissioner for Main Roads engaged in the maintenance of the Sydney Harbour Bridge, other than employees engaged in the maintenance of the pavement of the roadway and footpaths of the bridge; and excepting employees in or about coal mines north of Sydney, in or about coat mines in the South Coast district, in or about coal mines and shale mines west of Sydney; and excepting also Rockchoppers, sewer miners; Surveyors' labourers; Labourers employed in or in connection with the manufacture of cement, monier and/or concrete pipes by hand or machines in factories; Labourers employed in the erection, alteration, or demolition of buildings; Carters, grooms, stablemen, yardmen and drivers of motor and other power-propelled vehicles; Labourers employed in the maintenance of privately-owned railways; and excepting also employees within the jurisdiction of the following Industrial Committees Crown Employees (General); Race Clubs, &c., Employees (Cumberland and Newcastle); Race Clubs, &c. (Country); Showground, &c., Employees (State); Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited). This award shall take effect on or after 21 December 2000, except in relation to increases granted under the State Wage Case 2000 as appears in Part B, Monetary Rates, which shall take effect from the first full pay period to commence on or after 22 December 2000, and this award shall continue for a nominal term of twelve months. Landscape Gardeners, &C. (State) Award [AN120308 – NSW] 4 Landscape Gardening Industry Award [AN160190 – WA] Clause 3 Area and scope This Award shall have effect throughout the State of Western Australia and shall apply to all workers employed by the respondents in the classifications contained in Clause 25. - Wages of this award. Clause 27 Definitions "Landscape Tradesperson" shall mean an employee who has successfully completed a recognised apprenticeship in a branch or branches of the Horticultural Trade and who produces proof satisfactory to the employer of such qualification or who has by other means achieved a standard of knowledge deemed by the employer as comparable thereto and is appointed in writing as such by the employer. Landscape Gardening Industry Award [AN160190 – WA] 5 Miscellaneous Gardeners, &c. (State) Award [AN120340 – NSW] Clause 4 Classifications (i) Introductory Level (less than 3 months experience) — This is an entry level position. An employee at this level performs routine duties essentially of a manual nature, and: (a) performs general labouring and cleaning duties; (b) exercises minimal judgement; (c) works under direct supervision; (d) is undertaking training so as to enable the employee to work at a higher level; (e) after 3 months employment at this level, the employee shall progress to Gardener Level 1. (ii) Gardener Level 1 — An employee at this level has three months experience in aggregate with one or more employers and, in addition: (a) works under direct supervision either individually or in a team environment; (b) is responsible for the quality of the their own work, subject to the employees skill level; (c) exercises discretion within the employees skill level and training; (d) maintains gardens, lawns and rockeries; (e) is engaged in trimming edges, mowing lawns, sowing, planting, watering, weeding, spreading fertiliser, clearing shrubs and trimming hedges; (f) uses and performs routine maintenance on hand tools, motor mowers and edgers. (iii) Gardener Level 2 — An employee at this level performs the work of a Gardener Level 1 and, in addition: (a) works under routine supervision; (b) exercises discretion within the employees level of skill and training; (c) is responsible for the quality of the employees own work; (d) may possess a Horticultural Certificate or equivalent; (e) may perform basic inventory control; (f) prepares and uses fertiliser and pest, disease and weed control mixtures; (g) uses and performs routine maintenance on gardening tools and equipment; (h) has an understanding of plant selection, irrigation systems and pruning techniques; Miscellaneous Gardeners, &c. (State) Award [AN120340 – NSW] 6 (i) understands safety procedures and requirements in relation to the use of chemicals and poisons and safety equipment and clothing. (iv) Gardener Level 3 — An employee at this level performs the work of the foregoing levels and, in addition: (a) works under general supervision; (b) may assist with on-the-job training; (c) assures the quality of the employees own work; (d) is able to check the work of employees graded at lower levels; (e) may operate tractors, backhoes, chain saws, ganged mowers or other like powered machinery and possess appropriate operational licences; (f) may perform routine maintenance of power tools and equipment; (g) may perform administrative tasks relating to inventory control and ordering and receipt of gardening supplies and equipment. (v) Gardener Level 4 — An employee at this level has completed one or more of the following courses or the equivalent: Parks and Gardens Certificate III; Landscaping Certificate III; Greenkeeping Certificate III; and in addition (a) may work under general supervision; (b) assures the quality of the employees own work and understands and applies quality control techniques; (c) may co-ordinate work within a team environment; (d) exercises discretion within the scope of this level; (e) may assist in the provision of on-the-job training; (f) may perform routine maintenance of tools and equipment; (g) may be responsible for inventory control and the ordering and receipt of gardening supplies and equipment; (h) performs non-trade tasks incidental to the employees work. Where, by consultation between the employer and the employee, it is agreed that the employee, through extensive gardening experience, has the skills of a tradesperson and is required by the employer to work at a level equivalent to a tradesperson, then the employee shall be classified as Gardener Level 4 and paid as such. To be appointed as a Gardener Level 4 the employee will have attained this level through ten years or more gardening experience and must be fully capable of Miscellaneous Gardeners, &c. (State) Award [AN120340 – NSW] 7 performing all gardening tasks of a tradesperson. This shall include competency in propagation, grafting and pruning of plants, maintenance of nursery stock, gardens and rockeries, including their design and layout, preparation of fertilisers and pest and weed control mixtures, prevention and control of pests, diseases and weeds, irrigation systems, tree maintenance and indoor plant maintenance. Where agreement is not reached, the parties shall refer to clause 30, Disputes Procedure. Clause 34 Area, incidence and duration (i) This Award shall apply to all persons employed in the classifications set out in Table 1 - Wages, of Part B, Monetary Rates, within the jurisdiction of the Miscellaneous Gardeners, &c. (State) Industrial Committee. (ii) This award was made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Miscellaneous Gardeners, &c. (State) Award published 30 September 1994 (281 I.G. 1211), the Miscellaneous Gardeners, &c., Redundancy (State) Award published 24 March 1995, (284 I.G. 920) the Miscellaneous Gardeners, &c. (State) Wages Adjustment Award published 25 August 1995 (287 I.G. 712), and the Miscellaneous Workers Gardeners, &c. (State) Wages Adjustment and Allowances Award published 2 May 1997 (298 I.G. 14), and all variations thereof. (iii) This award takes effect from the beginning of the first full pay period to commence on or after 16 November 2000 and shall remain in force thereafter for a period of 2 years until varied or rescinded. (iv) The changes made to the Award pursuant to the Award review under s.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 18 December 1998 (308 IG 307) take effect on 22 June 2004. This award remains in force until varied or rescinded, the period for which it was made having already expired. Miscellaneous Gardeners, &c. (State) Industrial Committee Industries and Callings All persons employed as propagators and/or gardeners and general garden hands (other than employees of landscape or master gardeners) employed in and about commercial and industrial undertakings, retirement villages (including company or strata title retirement units) but excluding establishments which are attached to or have a nursing home or facility providing nursing care located within the grounds of the retirement village, and further excluding retirement villages operated by religious organisations and/or charitable institutions and/or voluntary non-profit organisations, and churches in the State, excluding the County of Yancowinna, excepting employees of the Crown, the State Rail Authority of New South Wales and Urban Transit Authority of New South Wales, Roads and Traffic Authority of New South Wales, the universities, employees engaged in rural industries, employees of Stanton Pipes of Australia Pty Limited, CSR Limited and the ICI Rhodes Factory and employees within the jurisdiction of the following Industrial Committees: Miscellaneous Gardeners, &c. (State) Award [AN120340 – NSW] 8