State Government Agencies Administration Award 2010

The above award was first made on 4 December 2009 [PR991089]

This consolidated version of the award includes variations made on 4 June 2010 [PR997772]; 21 June 2010 [PR998021]; 21 June 2010 [PR998160]; 29 June 2010 [PR998748]; 6 December 2010 [PR503633]; 20 June 2011 [PR509152]; 21 June 2011 [PR509273]; 21 June 2011 [PR510670]; 1 November 2011 [PR516177]; 18 June 2012 [PR522983]; 18 June 2012 [PR525068]; 19 June 2012 [PR523103]; 21 December 2012 [PR532630]; 19 June 2013 [PR536786]; 20 June 2013 [PR536906]; 20 June 2013 [PR537893]

Applications for Review of award: AM2012/18; AM2012/63; AM2012/128; AM2012/134; AM2012/221

Table of Contents

[Varied by PR532630]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

11.              Termination of employment

12.              Redundancy

Part 4 - Minimum Wages and Related Matters

13.              Classifications

14.              Minimum wages

15.              Allowances

16.              District allowances

17.              Accident pay

18.              Higher duties

19.              Payment of wages

20.              Superannuation

Part 5 - Hours of Work and Related Matters

21.              Ordinary hours of work and rostering

22.              Breaks

23.              Overtime and shiftwork penalty rates

Part 6 - Leave and Public Holidays

24.              Annual leave

25.              Personal/carer's leave and compassionate leave

26.              Community service leave

27.              Public holidays

28.              Parental leave

Schedule A - Transitional Provisions

Schedule B - Position Statements

Schedule C - Supported Wage System

Schedule D - National Training Wage

Appendix D1: Allocation of Traineeships to Wage Levels

Schedule E - 2012 Part-day public holidays

Part 1 - Application and Operation

1.              Title

This award is the State Government Agencies Administration Award 2010.

2.              Commencement and transitional

2.1              This award commences on 1 January 2010.

2.2              The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3              This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A The arrangements in Schedule A deal with:

·              minimum wages and piecework rates

·              casual or part-time loadings

·              Saturday, Sunday, public holiday, evening or other penalties

·              shift allowances/penalties.

2.4              Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5              Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

(b)              on application by an employer, employee, organisation or outworker entity covered by the modern award; or

(c)              on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or

(d)              in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3.              Definitions and interpretation

[Varied by PR997772, PR503633]

3.1              In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State award inserted by PR503633 ppc 01Jan11]

Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503633 ppc 01Jan11]

Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

FWA means Fair Work Australia

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client

standard rate means the minimum annual rate for an Administrative Officer Grade 2 Work Value Level A in clause 14 - Minimum wages

state public service bodies means State Government departments and administrative offices

transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

3.2              Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4.              Coverage

4.1              This award covers State public sector employers, other than State public service bodies, that are incorporated bodies established for a public purpose by or under a law of a State, by the Governor of a State or by a Minister of the State or a body corporate in which the State has an equal or controlling interest, and their employees in the classifications listed in clause 14 - Minimum wages, to the exclusion of any other modern award.

4.2              The award does not apply to employers covered by the following awards:

(a)              Aged Care Award 2010;

(b)              Ambulance and Patient Transport Industry Award 2010;

(c)              Children's Services Award 2010;

(d)              Coal Export Terminals Award 2010;

(e)              Educational Services (Post-Secondary Education) Award 2010;

(f)              Educational Services (Schools) General Staff Award 2010;

(g)              Educational Services (Teachers) Award 2010;

(h)              Electrical Power Industry Award 2010;

(i)              Fire Fighting Industry Award 2010;

(j)              Fitness Industry Award 2010;

(k)              Health Professionals and Support Services Award 2010;

(l)              Higher Education Industry - Academic Staff - Award 2010;

(m)              Higher Education Industry - General Staff - Award 2010;

(n)              Labour Market Assistance Industry Award 2010;

(o)              Local Government Industry Award 2010;

(p)              Manufacturing and Associated Industries and Occupations Award 2010;

(q)              Marine Towage Award 2010;

(r)              Medical Practitioners Award 2010;

(s)              Nurses Award 2010;

(t)              Port Authorities Award 2010;

(u)              Ports, Harbours and Enclosed Water Vessels Award 2010;

(v)              Rail Industry Award 2010;

(w)              Social, Community, Home Care and Disability Services Industry Award 2010;

(x)              Stevedoring Industry Award 2010;

(y)              Supported Employment Services Award 2010; and

(z)              Water Industry Award 2010.

4.3              The award does not cover an employee excluded from award coverage by the Act.

4.4              The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.5              The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.6              This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.7              This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

4.8              Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5.              Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6.              The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7.              Award flexibility

7.1              Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

7.2              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3              The agreement between the employer and the individual employee must:

(a)              be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b)              result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.

7.4              The agreement between the employer and the individual employee must also:

(a)              be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian;

(b)              state each term of this award that the employer and the individual employee have agreed to vary;

(c)              detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d)              detail how the agreement results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and

(e)              state the date the agreement commences to operate.

7.5              The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6              Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7              An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee's understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8              The agreement may be terminated:

(a)              by the employer or the individual employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b)              at any time, by written agreement between the employer and the individual employee.

7.9              The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

8.1              Employer to notify

(a)              Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b)              Significant effects include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2              Employer to discuss change

(a)              The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b)              The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.

(c)              For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

9.              Dispute resolution

9.1              In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2              If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia.

9.3              The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration.

9.4              Where the matter in dispute remains unresolved, Fair Work Australia may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5              An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6              While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

9.7              Dispute resolution training leave

To assist in the resolution of disputes at a workplace, an employee appointed to represent the employees will be granted leave to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency. The specific training course will be agreed between the employer and the individual employee. An employee granted leave of absence under this subclause will not suffer any loss of pay.

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

10.1              Basis of employment

(a)              Employees under this award will be employed in one of the following categories:

(i)              full-time;

(ii)              part-time; or

(iii)              casual.

(b)              Employees may be engaged on a probationary basis.

10.2              Notice of engagement

At the time of engagement the employer will advise the employee in writing of the conditions of engagement, including:

(a)              the basis of employment;

(b)              whether a probationary period applies and, if so, the duration of the probationary period;

(c)              if engaged as a fixed term employee, the specific term of the engagement; and

(d)              the instruments governing the employee's terms and conditions of employment.

10.3              Full-time employment

A full-time employee is one who is engaged for 38 hours per week.

10.4              Part-time employment

(a)              Provisions relating to salary, leave and all other entitlements contained within this award, will apply to part-time employees on a pro rata basis.

(b)              Payment for part-time employment must be for not less than three consecutive hours in any day worked except:

(i)              where the employee works from home by agreement with the employer; or

(ii)              in exceptional circumstances.

(c)              Part-time employment must be worked only by agreement between the employee and the employer, where that agreement includes:

(i)              an agreed roster specifying the days in each fortnight on which the employee will work, the hours of those days upon which the employee will work, and the number of hours the employee will work on each day worked; and

(ii)              agreed processes for the variation of hours of work.

(d)              Such agreed rostered hours will be considered the employee's ordinary hours.

10.5              Casual employment

(a)              Employees engaged on a casual basis will receive a loading of 25% as compensation for all paid leave other than long service leave, public holidays not worked and to compensate for the nature of casual work.

(b)              Payment for work performed by a casual employee will be for not less than three consecutive hours in any day worked except:

(i)              where the employee works from home by agreement with the employer; or

(ii)              in exceptional circumstances.

(c)              Except as expressly provided for, all other provisions of this award apply to casual employees.

11.              Termination of employment

11.1              Notice of termination is provided for in the NES.

11.2              Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3              Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12.              Redundancy

[Varied by PR503633]

12.1              Redundancy pay is provided for in the NES.

12.2              Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3              Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

12.4              Job search entitlement

(a)              An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)              If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c)              This entitlement applies instead of clause 11.3

12.5              Transitional provisions - NAPSA employees

[12.5 renamed by PR503633 ppc 01Jan11]

(a)              Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with terms of a notional agreement preserving a State award:

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 12.5 ceases to operate on 31 December 2014.

12.6              Transitional provisions - Division 2B State employees

[12.6 inserted by PR503633 ppc 01Jan11]

(a)              Subject to clause 12.6(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

(i)              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 Division 2B State employment agreement or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the Division 2B State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 12.6 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

13.              Classifications

13.1              The salaries in clause 14 - Minimum wages are expressed as minimum annual amounts.

13.2              Notwithstanding the provisions of this clause, the employer may determine that an employee may commence employment at any level in a grade if suitably qualified and/or experienced.

13.3              Salaries must be paid according to the rates in clause 14 - Minimum wages or reclassifications of positions will be conducted in accordance with agreed objective criteria as outlined in this clause.

13.4              Classification method

Classification decisions must be based upon a documented position description and classifications will be determined using whole of job evaluation, i.e. by comparison of the position description for the position in question with the position standards as defined in Schedule B - Position Statements.

13.5              Progression within a classification salary range

An employee may be eligible for progression to a higher salary level within the salary range for their current classification on the following basis:

(a)              progressing from one step to the next within each level is not automatic and is dependent on demonstrated acquisition and utilisation of new and enhanced skills; and

(b)              provided that an employee will be eligible to progress to the next step after 12 months' satisfactory occupancy of the current step on basis of acquiring and utilising skills.

13.6              Progression between classification salary ranges

Advancement to a higher work level must be based on promotion and the availability of a suitable vacancy.

13.7              Staff appraisal

Annual assessment of employees must be on the basis of an agreed employee appraisal system.

13.8              Job specification

The employer must provide all employees with a job specification for the position held, which will contain all information relevant to the duties and responsibilities of the position.

14.              Minimum wages

[14 varied by PR998021, PR509152, PR522983, PR536786 ppc 01Jul13]

14.1              Supported wage system

See Schedule C

14.2              National training wage

See Schedule D

15.              Allowances

[Varied by PR998160, PR509273, PR523103, PR536906]

15.1              First aid allowance

(a)              The employer may nominate an employee as a first aid officer for a given workplace.

(b)              Where an employee so nominated holds a first aid certificate issued by the St John Ambulance Association or a qualification deemed equivalent the employer may authorise the payment to such an employee of an allowance of 1.41% of the standard rate per annum.

15.2              Equipment allowance

Where an employee is required to provide necessary instruments, equipment, tools, stationery and furniture for carrying out their work, the employer must reimburse the employee for any expenses incurred. This clause does not apply if the employer provides such instruments, equipment, tools, stationery and furniture.

15.3              Overtime meal allowance

[15.3(a) varied by PR998160, PR509273, PR523103, PR536906 ppc 01Jul13]

(a)              An employee who is required to work a period of overtime which:

(i)              immediately follows or immediately precedes a scheduled period of ordinary duty and is not less than two hours; or

(ii)              does not immediately follow or immediately precede a scheduled period of ordinary duty; and

(iii)              either:

·              includes a meal break of not less than 20 minutes taken prior to the completion and not less than four hours after the commencement of the overtime; or

·              where the taking of a meal break is precluded by reason of safety requirements, is not less than four hours,

will be eligible to receive the meal allowance of $16.02.

(b)              An employee eligible for a meal allowance provided for under clause 15.3(a) who purchases a meal of two or more courses at a canteen, cafeteria, mess room or dining room conducted by the employer which is less than the allowance, must be reimbursed the actual cost of such a meal instead of the allowance.

15.4              Excess travelling time

(a)              An employee who is directed to work temporarily at a location other than their normal place of employment may, subject to the following provisions, be granted time off during normal hours of duty in respect of any period of excess travelling time so incurred, or must be reimbursed at the ordinary rate of pay (calculated to the nearest quarter hour) for time reasonably spent in travelling to and from the place of residence and the designated place of work outside normal working hours (in excess of the time normally spent in travelling from the place of residence to the usual place of work and return).

(b)              Provided that a journey involving excess travelling time of less than 30 minutes daily must not be taken into account and it will be granted only to employees whose salary does not exceed that prescribed for the highest subdivision of Administrative Officer Grade 6.

15.5              Travel, accommodation and other incidental expenses

Where the employer requires an employee in the course of duties to be absent overnight or for part of the day, the employee must be reimbursed for reasonable travelling, accommodation and other incidental expenses. This provision does not apply if the expenses are paid for by the employer.

15.6              Use of private motor vehicle

[15.6(a) varied by PR523103, PR536906 ppc 01Jul13]

(a)              An employee who by agreement with the employer uses their own private motor vehicle in the course of their duties must be paid an allowance of $0.76 per km so travelled.

(b)              An allowance will not be payable in respect of travelling in excess of 16,000 km in any financial year unless the prior approval of the employer has been obtained for such travelling.

15.7              Adjustment of expense related allowances

(a)              At the time of any adjustment to the standard rate, each expense related allowance will 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.

(b)              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:

16.              District allowances

16.1              Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.2              Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.3              This clause ceases to operate on 31 December 2014.

17.              Accident pay

[Varied by PR503633]

[17.1 substituted by PR503633 ppc 01Jan11]

17.1              Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

(a)              if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, enterprise agreement or Division 2B State employment agreement had applied to the employee; and

(b)              that would have entitled the employee to accident pay in excess of the employee's entitlement to accident pay, if any, under any other instrument.

[17.2 substituted by PR503633 ppc 01Jan11]

17.2              The employee's entitlement to accident pay under the award, the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

17.3              This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.

17.4              This clause ceases to operate on 31 December 2014.

18.              Higher duties

18.1              Where an employee is required to perform, for at least five consecutive working days, all or part of the duties of a position for which a higher rate of a salary is fixed by the award, such employee must be granted from the date of assignment an allowance calculated in the following manner:

(a)              where the employee performs the full duties of the higher position such allowance as will increase the employees rate of pay to the minimum rate of pay for that higher position for the period they are so employed; or

(b)              where the employee performs a portion of the duties of the higher position such allowance, if required, as will increase the rate of pay of the employee to the maximum salary rate applicable to their classification plus an allowance calculated in accordance with the following table:

18.2              In the event of an employee being promoted whilst performing higher duties, the date from which increments within the next position will apply will be the date such employee commenced the period of higher duties, whether or not such promotion is to the position in which higher duties were being performed or a position at an equivalent classification to such higher position.

18.3              When the number of consecutive working days in terms of clause 18.1, is five or more, any public holiday(s) or authorised absence within the period or immediately following such period of higher duties will be included for payment when calculating the allowance to be paid.

18.4              Where an employee, whilst working in a higher position for which they are entitled to an allowance under this clause, proceeds upon recreation leave such allowance must be paid for the period of leave provided that:

(a)              the employee has performed in that higher position for five or more consecutive working days; and

(b)              the amount of such leave for which the allowance is paid must not exceed five days unless the employee, on return from leave, continues to perform in the higher position, in which case the allowance must be paid for all such leave unless the employee has, prior to proceeding on such leave, performed in that higher position for 20 or more consecutive days, in which case the allowance must be paid for all leave.

18.5              A higher duties allowance will not be paid to:

(a)              employees on long service leave, unless the assignment has continued for a period exceeding 12 months;

(b)              employees on parental leave; or

(c)              employees who proceed on full-time study leave immediately following a higher duties assignment.

18.6              For the purposes of this clause, the duties of a position means the duties which would usually be performed in the position during the period applicable. The proportion of duties must be detailed by the employer, having due regard to the duty statement of the higher position.

19.              Payment of wages

19.1              All salaries must be paid fortnightly and must be paid by direct credit to a bank account, credit union or building society.

19.2              For the purpose of calculating the amount payable fortnightly, the amount will be calculated as follows:

19.3              In the case of part-time employees, the amount will be calculated as follows:

20.              Superannuation

20.1              Superannuation legislation

(a)              Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)              The rights and obligations in these clauses supplement those in superannuation legislation.

20.2              Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

20.3              Voluntary employee contributions

(a)              Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

(b)              An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months' written notice to their employer.

(c)              The employer must pay the amount authorised under clauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.

20.4              Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) to one of the following superannuation funds or its successor:

(a)              First State Super;

(b)              Sunsuper;

(c)              VicSuper; or

(d)              any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.

Part 5 - Hours of Work and Related Matters

21.              Ordinary hours of work and rostering

[21 substituted by PR516177 ppc 01Nov11]

21.1              The ordinary hours of work, except for shiftworkers, must be 38 per week, to be worked over five days, Monday to Friday, between the spread of hours of 7.00 am to 6.30 pm.

21.2              The ordinary hours of work for a shiftworker must be an average of 38 hours per week over 4 weeks (a total of 152 hours).

21.3              Actual starting and finishing times to be arranged by work rules at the workplace.

22.              Breaks

[22 substituted by PR516177 ppc 01Nov11]

22.1              A meal period of not less than 20 minutes must be taken not more than five hours after the commencement of work and the taking of such meal period.

22.2              Where work on any day continues beyond the period of normal working hours, a second meal break of not less than 20 minutes must be taken if work continues for two hours or more.

22.3              An employer may stagger the time of taking a meal break to meet operational requirements.

23.              Overtime and shiftwork penalty rates

[23 substituted by PR516177 ppc 01Nov11]

23.1              Where an employee is required to work outside ordinary hours of work, the employee will be entitled to receive an overtime rate or shiftwork loading (or time off) as prescribed.

23.2              An employee in receipt of a salary in excess of that prescribed for the top of Administrative Officer Grade 6 will not be eligible to receive payment for overtime worked.

23.3              The hourly rate for overtime must not exceed that calculated on an annual salary appropriate to the salary prescribed for the top of Administrative Officer Grade 4.

23.4              The employer may, on the application of an employee, grant time off (on an hour for hour basis) in respect of overtime performed by that employee. No time off will be granted in respect of any work for which payment has been made.

23.5              Monday to Saturday

An employee who is not a shiftworker and who is required to work outside ordinary hours on a Monday to Saturday must be paid at the overtime rate of time and a half for the first three hours and double time thereafter.

23.6              Sunday

An employee who is not a shiftworker and who is required to work on Sunday must be paid at the overtime rate of double time.

23.7              Public holidays

Where an employee who is not a shiftworker is required to work on a gazetted public holiday, the employee must be paid at the overtime rate of time and a half for time worked during ordinary hours and double time and a half in respect of work performed in excess of ordinary hours.

23.8              Shiftwork

An employee rostered to work in accordance with a shift roster will be paid the following loadings in addition to their ordinary rate of pay:

(a)              Afternoon shift, being an unbroken period of work finishing after 6.30 pm and at or before midnight - 15%;

(b)              Night shift, being a unbroken period of work finishing after midnight and at or before 8.00 am:

(i)              for a rotating shift - 15%; and

(ii)              for a non-rotating shift - 30%.

(c)              Where an annual salary is paid the employer must advise the employee in writing of the annual salary that is payable and which of the provisions of this award will be satisfied by payment of the annual salary.

23.9              Shiftwork - Saturdays, Sundays and Public Holidays

A shiftworker who is rostered to work ordinary hours of work on a Saturday or Sunday or gazetted public holiday will be paid the following loadings in addition to their ordinary rate of pay:

(a)              when required to perform such work on a Saturday (except a public holiday), a loading of 50% of the appropriate hourly rate for each hour of duty;

(b)              when required to perform such work on a Sunday (except a public holiday), a loading of 100% for each hour of duty; and

(c)              when required to perform such work on a public holiday, a loading of 150% for each hour of duty.

23.10              Shiftwork - Overtime

(a)              A shiftworker who is required to work in excess of the rostered ordinary hours of work other than on a Sunday or a Public Holiday must be paid at the overtime rate of time and a half for the first 3 hours and double time thereafter.

(b)              A shiftworker who is required to work in excess of the rostered ordinary hours of work on a Sunday must be paid at the overtime rate of double time.

(c)              A shiftworker who is required to work in excess of the rostered ordinary hours of work on a Public Holiday must be paid at the overtime rate of double time and a half.

23.11              Loadings and overtime rates not cumulative

The loadings and overtime rates within this clause are not cumulative. If an employee is entitled to more than one overtime rate or shift loading, he or she will be paid the highest single overtime rate or loading applicable to the period of time worked.

Part 6 - Leave and Public Holidays

24.              Annual leave

24.1              Annual leave is provided for in the NES.

24.2              In addition to ordinary rates as prescribed in clause 14 - Minimum wages, a loading of 17.5% ordinary rates (excluding overtime and allowances) must be paid for the period of annual leave.

24.3              The maximum loading payable must not exceed an amount calculated in respect of the second salary subdivision for a Administrative Officer Grade 7, at the first day of January of the year in which annual leave is taken.

25.              Personal/carer's leave and compassionate leave

Personal/carer's leave and compassionate leave are provided for in the NES.

26.              Community service leave

Community service leave is provided for in the NES.

27.              Public holidays

Public holidays are provided for in the NES.

28.              Parental leave

28.1              Parental leave is provided for in the NES.

28.2              The NES is supplemented by maintaining an entitlement to payment, in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award of employees who were entitled to payment for maternity leave, paternity leave or adoption leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and

(b)              that would have entitled the employee to paid maternity leave, paternity leave or adoption leave.

Schedule A - Transitional Provisions

[Varied by PR503633]

A.1              General

A.1.1              The provisions of this schedule deal with minimum obligations only.

A.1.2              The provisions of this schedule are to be applied:

(a)              when there is a difference, in money or percentage terms, between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

(b)              when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

(c)              when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument; or

(d)              when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2              Minimum wages - existing minimum wage lower

A.2.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2              In this clause minimum wage includes:

(a)              a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b)              a piecework rate; and

(c)              any applicable industry allowance.

A.2.3              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4              The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5              From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

A.2.6              The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3              Minimum wages - existing minimum wage higher

A.3.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2              In this clause minimum wage includes:

(a)              a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b)              a piecework rate; and

(c)              any applicable industry allowance.

A.3.3              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4              The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5              From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

A.3.6              The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4              Loadings and penalty rates

For the purposes of this schedule loading or penalty means a:

·              casual or part-time loading;

·              Saturday, Sunday, public holiday, evening or other penalty;

·              shift allowance/penalty.

A.5              Loadings and penalty rates - existing loading or penalty rate lower

A.5.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3              The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4              From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

A.5.5              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6              Loadings and penalty rates - existing loading or penalty rate higher

A.6.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award, or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award, for any classification of employee.

A.6.2              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3              The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award, the transitional percentage is the rate in A.6.2.

A.6.4              From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

A.6.5              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7              Loadings and penalty rates - no existing loading or penalty rate

A.7.1              The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2              Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3              From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

A.7.4              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8              Former Division 2B employers

[A.8 inserted by PR503633 ppc 01Jan11]

A.8.1              This clause applies to an employer which, immediately prior to 1 January 2011, was covered by a Division 2B State award.

A.8.2              All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3              Subject to this clause, from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages, loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4              Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage, loading or penalty rate in this award, nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage, loading or penalty rate in this award.

A.8.5              Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage, loading or penalty rate in this award, nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage, loading or penalty rate in this award.

A.8.6              In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B - Position Statements

B.1              Administrative Officer

B.1.1              Administrative Officer Grade 1

·              Positions at this level work under routine direction and undertake a combination of keyboard, clerical and other duties. The work initially requires the application of basic administrative procedures, office skills and routines such as receiving and dealing initially with clients and members of the public; the straight forward operation of keyboard equipment; filing; photocopying; collating; collecting and distributing; carrying out routine checks by simple comparisons; simple coding; maintaining basic records; mail procedures; obtaining or providing information about straightforward matters and routine user maintenance of office equipment.

·              Keyboard tasks may include the keying of data containing unusual technical terms and/or non-standard complicated tables or diagrams which demand considerable judgment about layout, and the manipulation and interpretation of data before and during entry.

·              Initially the work is performed under close direction using established routines, methods and procedures and there is little scope for deviating from these. Tasks are mixed to provide a variety of work experience; some may be of a routine operational nature.

·              Problems can usually be solved by reference to procedures, well documented methods and instructions. Assistance is available if required when problems arise.

·              The work may involve giving technical and procedural advice to other staff (for example relating to the operation of office equipment used in the work area). It may require some knowledge and application of specific procedures, instruction, regulations or other requirements relating to general administration (e.g. personnel or finance operations) and/or specific departmental programs or activities.

·              Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience.

·              Staff at this level may assist more senior officers in the tasks being undertaken by them. Work may include drafting basic material for inclusion in reports and submissions, issuing form or routine letters and checking applications for benefits or grants.

·              Positions at this level have no supervisory responsibilities although more experienced staff may assist new staff by providing guidance and advice.

B.1.2              Administrative Officer Grade 2

·              Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not always necessary and there is scope for staff to exercise initiative in applying established work practices and procedures.

·              This level encompasses a range or combination of operational, supervisory and administrative activities which require the application of skills and experience in office work and a general knowledge of the work to be performed.

·              This is the first level which may include positions with a supervisory role. Supervisory positions involve the exercise of basic skills in personnel management and interpersonal communication.

·              Work is usually performed under general direction and may require the interpretation of rules, regulations, guideline, instructions and procedures and the ability to undertake a range of duties requiring judgment, liaison and communication within an agency and with other interested parties. Tasks may include the preparation of straightforward reports and the provision of data for casework decision.

·              The solution of problems may require the exercising of limited judgment, though guidance would be available in precedents, guidelines, procedures, regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the agencies or with other interested parties may be necessary.

·              Work at this level may involve the supervision of lower level positions. Occupants of positions at this level may be expected to resolve problems by minor modification to operational systems or by reference to procedures. Staff at this level may have input into, or undertake tasks associated with, improvements to office systems or operations.

B.1.3              Administrative Officer Grade 3

·              Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the agency's functions and activities and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operational work and may assist with, or review, the work undertaken by subordinates or team members.

·              Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions, though these may require some interpretation and application of judgment. There is scope for exercising initiative in the application of established work practices and procedures.

·              Work is usually performed under general direction and may involve preparing papers, briefing notes, correspondence or other written material and general administrative support to senior officers.

·              Decisions made or delegations exercised at this level may have an impact on the relevant agency's operations (e.g. on financial resources), but are normally of limited procedural or administrative importance.

·              Positions at this level may have responsibilities for training operational and administrative staff. Functions may include organising training courses, assisting in the preparation of training material and, where courses are short and involve procedural or administrative subject matter, presenting those courses.

·              Positions with supervisory responsibilities may be involved in working with staff to develop work performance; planning and coordinating tasks and work flow perhaps across a number of areas or activities and may involve the use of keyboard skills to perform supervisory, clerical or other operational duties.

·              Positions requiring the use of keyboard skills may be included in this level only if the supervisory and/or other duties performed are consistent with the standard for this level.

B.1.4              Administrative Officer Grade 4

·              Positions at this level usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area.

·              Work at this level requires a sound knowledge of program, activity policy or service aspects of work performed within a functional element or a number of work areas. The work may cover a range of tasks associated with program, activity or service delivery to clients or other interested parties or administrative support to senior officers.

·              Positions at this level are found in a wide variety of operating environments. With the exception of some specialist groups, this is the first level where tertiary qualifications may be required or desirable.

·              The work is usually performed under general direction. Tasks may include providing administrative support to staff within technical or professional structures. This may include collecting and analysing data and information and preparing reports, publications, papers and submissions including findings and recommendations.

·              Decisions taken or delegations exercised at this level may have an impact on agency operations but they are of limited management significance.

·              Positions at this level may have supervisory responsibilities over staff operating a wide range of office equipment or undertaking a variety of tasks in the area of responsibility which may include planning and coordinating work across a number of work areas or activities. Staff in supervisory position would be expected to facilitate a participative decision making process and participate in decision making on issues relating to their work area.

·              In some cases the difficult aspects of the work in an area will be undertaken by a position at this level with responsibility for supervising staff at lower levels doing work of a similar but less difficult nature. The extent to which staff with supervisory duties become involved in the operational work of an area will depend on such factors as priorities, the complexity of the work and the number of staff supervised.

·              Position providing administrative support to senior officers may be classified in this level provided the complexity of the operational or administrative tasks performed is comparable to tasks typical of this level.

B.1.5              Administrative Officer Grade 5

·              Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of the agency.

·              The work may include preparing preliminary papers, drafting complex correspondence for senior officers, undertaking tasks of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing or interpreting information for clients or other interested parties; exercising specific process responsibilities, and overseeing and coordinating the work of subordinate staff.

·              Positions at this level are found in a variety of environments and may undertake the management function of a small local office within a regional office structure.

·              Work is performed under general direction as to work priorities and may be of a professional, project, procedural or processing nature or a combination of these.

·              Direction exercised over positions at this level may be less direct than at lower levels and is usually related to tasks methodologies and work practices. Staff would be expected to set priorities and to monitor work flow in the area of responsibility.

·              Independent action may be exercised at this level, for example, developing local procedures, management strategies and guidelines. Operating guidelines, procedures or resource allocation will usually be determined by senior management.

·              Any decisions taken or delegations exercised would be limited by the application of rules, regulations, guidelines or procedures. While the decisions may have a minor impact on agency resources they are of limited management significance.

·              The extent of supervisory responsibility would depend on the operational work of the area and factors such as work priorities, complexity of the work and the number of subordinate staff.

B.1.6              Administrative Officer Grade 6

·              Positions at this level undertake various functions, under a wide range of conditions, to achieve a result in line with the corporate goals of the agency. Management of a program or activity in a central or regional office may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical or professional structures, in which case supervision relates to administrative purposes only.

·              Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be:

·              managing the operations of a discrete organisational element, program or activity;

·              supervising the operations of an organisational element which is a part of a large office within a central or regional office environment;

·              under limited direction in relation to priorities and work practices, providing administrative support to a particular program, activity or administrative function; or

·              providing subject matter expertise or policy advice, including professional advice, across a range of programs or activities undertaken by the agency.

·              Positions at this level may undertake the preparation of papers; investigate and present information with recommendations for decision by senior officers; draft responses to complex correspondence; undertake task of technical nature; undertake liaison and coordination within across functions including representing the agency at meetings, conferences and seminars; oversee and co-ordinate the work of other staff assisting with these tasks.

·              Work is usually performed under limited direction as to work priorities and the detailed conduct of the task. Tasks may require professional knowledge, and may involve some coordination within or across agency functions.

·              Direction exercised over positions at this level includes, depending on the functional role of the position, the provision of advice, guidance and/or direction in relation to a project, detailed processing, or other work practices.

·              Independent action may be exercised within constraints set by senior management. The operating guidelines, procedures or resource allocation may be determined by senior management.

·              Any decision taken or delegation exercised tends to be governed by the application of rules, regulations or agency operating instructions or procedures. While such decisions may impact on agency operations and resources, they are usually limited to the specific work area involved.

·              Supervisory responsibilities would usually depend on the role of the position in the organisation. Staff at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.

B.1.7              Administrative Officer Grade 7

·              Positions at this level work under limited direction, usually manage the operations of an organisation element, undertake a management function or provide administrative or professional support to a particular program, activity or service to achieve a result in line with the corporate goals of the agency. In some circumstances the supervisor or subordinates may be, or include, staff in technical or professional structures, in which case supervision is generally for administrative purpose only.

·              The work includes providing advice including policy, administrative or professional advice; undertaking tasks related to the management or administration of a program or activity; service delivery or corporate support functions, including project work, policy development; preparation or coordination of research papers, submission on policy professional or program issues, or administrative matters. Liaison with other elements of the organisation, other government agencies, State and local authorities or community organisations is usually a feature. It also includes the preparation, or overseeing the preparation of, correspondence and replies to parliamentary questions, ministerial representations and other briefing material; and representing the agency at meetings, conferences or seminars.

·              Work is undertaken at this level with limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be of a complex or specific nature encompassing a major area of agency operations.

·              Direction exercises over positions at this level may, depending on the functional role of the position within the organisation, be by way of providing general guidance and advice.

·              Positions at this level may have independence of action including the use and allocation of resources within the constraints laid down by senior management.

·              Decisions taken or delegations exercised at this level may have major impact on the day to day operations of the work area. The impact of such decision to agency operations is likely to be limited to the work area or function in which the position is located. Delegations exercised may, depending on the role and function of the position, involve making determinations, instigating another course of action, or reviewing previous decision.

·              Supervisory responsibilities may be an important function of a position at this level, but this can vary widely depending on factors such as work area, location, priorities, work load, operational deadlines and the availability of staff resources to assist.

·              Guidelines, rules, instructions or procedures for use by other staff and interested parties may be developed at this level.

B.1.8              Administrative Office Grade 8

·              Positions at this level, usually under the broad direction of a senior executive or comparable officer, control an organisational element involved in the administration or coordination of a specific program, activity or corporate support function at either the section or branch head level, to achieve a result in line with the corporate goal of the agency. Immediate subordinate positions may include staff in technical or professional structure, in which case supervision is generally related to administrative purposes only.

·              The work may include developing policy and/or providing policy, financial, specific subject matter or administrative advice, including professional advice or undertaking high level project work; developing, implementing and reviewing policy instructions and administrative or professional procedures for the guidance of functional elements of the agency; processing representations to the minister, over seeing preparation of replies to parliamentary questions, preparing executive briefing notices, drafting submissions and correspondence; liaising with other government bodies and community organisations including the provision of public information on programs, activities or services; and representing the agency at meetings, conferences or seminars.

·              Work is undertaken at this level with broad direction in relation to priorities and the detailed conduct of the task. The tasks undertaken would be of a complex or specific nature encompassing a significant element of total agency operations.

·              Positions at this level may have, depending on the role and function, significant independence of action including the use or allocation of resources within the constraints or guidelines laid down by senior management.

·              Decisions taken at this level may, depending on the degree of autonomy of function, have significant impact on the day-to-day operations of the work area in which the position is located and may also have significant effects elsewhere within the agency. Delegations exercised at this level may, depending on the role and function of the position, involve being the final authority in the process of approving the expenditure of funds, undertaking specification in line with the policy of the agency, or reviewing any previous action or decisions in the work area.

·              Management responsibilities are usually a significant function of position at this level. The percentage of the total work taken up in management functions and the character of the direction given to subordinates would depend on the nature of the work area, location, workload factors, priorities and staff resources allocated.

·              The development of guidelines, rules, regulations, procedures or instruction is for either staff or other interested parties may be co-ordinated at this level.

B.2              Technical Stream

B.2.1              Technical Assistants

At this level the position is essentially that of a technical officer-in-training. Under technical supervision performs straightforward tasks of a technical nature using well established techniques and practices, the work performed is closely supervised and direction is regular. Subject to the acquisition of skills and knowledge the incumbent will progress to Technical Officer Grade 1 after 12 months on the top of the Technical Assistant salary range.

B.2.2              Technical Officer Grade 1

·              The technical officer at this level has a combination of simple and basic tasks associated with the area of work. Routine manual or intellectual procedures or tasks will be the main feature of positions at this classification.

·              The technical officer provides assistance to senior technical staff and undertakes duties in accordance with standard procedures but under close supervision and direction.

·              At this level there will be no supervisory responsibilities and no formal qualifications or experience is necessary.

B.2.3              Technical Officer Grade 2

·              At this level the technical officer applies standardised practices and procedures in the conduct of a range of interrelated technical activities.

·              The technical officer uses expertise, experience and technical skills as a broadly based technical practitioner within a single discipline and the work will be subject to routine direction from senior technical staff.

·              Work at this level would require 12 months relevant experience or successful completion of Year 12 secondary school level studies or equivalent.

B.2.4              Technical Officer Grade 3

·              At this level the technical officer carries out a range of clearly defined duties requiring interpretation, judgment, liaison and communication. It would be expected that they would use knowledge in a discrete technical discipline to determine which standard practices and procedures should be used and applied in the conduct of technical operations.

·              In some cases the technical officer may provide reports and recommendations to management on technical suitability of equipment, procedures, processes and results and/or they may have supervisory responsibility for lower level staff including training in the procedures, techniques and accounting for their work.

·              At this level, the technical officer may specialise in a single discipline and work subject to general direction on objectives and responsibilities.

·              The technical officer at this level may perform work which spans more than one discipline, either as an individual operator or within a team, or may lead project teams on small technical projects.

·              Work at this level will require relevant experience which would provide a working knowledge of the employee's functions, and provide a sound knowledge of the major activities performed in the work area. At this level an advanced technical certificate (or an equivalent qualification) may be necessary.

B.2.5              Technical Officer Grade 4

·              At this level, the technical officer is able to modify and adapt established principles/procedures. There may be a supervisory responsibility of an activity/work unit/program. In some cases the employee may occupy a supervisory or specialist position and control of work flow. Some budget administration and forward planning may also be present.

·              The technical officer may provide policy advice to senior staff and may operate in more than one field or discipline.

·              The incumbent will receive general direction in terms of objectives, will review implementation by subordinate staff of priorities and instructions and liaise with other work units.

·              Prepare and develop training needs and programs for subordinate staff.

·              At this level the possession of an associateship diploma or equivalent qualification may be required. However relevant experience providing a sound knowledge of a wide variety of aspects of the work area and other associated areas may be preferred.

B.2.6              Technical Officer Grade 5

·              The technical officer at this level may be managerial, a specialist or a combination of both. The incumbent will provide specialist advice and liaison with other units, establish procedures, operating principles or technical standards and can operate in more than one field or discipline.

·              The technical officer manager may be required to prepare unit/program budgets, develop mechanisms for training programs, administration of a budget and forward planning.

·              At this level the technical officer's decisions are not subject to regular review but may be reviewed for policy and economic effectiveness and there is a high-level of independent decision-making.

·              The incumbent will be responsible to a manager but has some independence of action within guidelines.

·              The technical officer at this level will be required to possess a tertiary level education at diploma level (or equivalent) and possess relevant experience.

B.2.7              Technical Officer Grade 6

At this level, the technical officer may be a manager or a specialist or a combination of both.

·              The incumbent may be a manager of a major work unit engaged in complex activities/programs which may involve significant policy issues, or be responsible for a highly complex, novel or critical activity in an aspect of technical work where it is necessary to select/modify established principles, technologies, procedures and methods.

·              The technical officer at this level will provide authoritative technical guidance to others and make decisions concerning technical work not usually subject to review, provide a significant input into the policy formulation and execution of programs which may be associated with one or more work areas.

·              Direction will only be given in terms of broad objectives including critical areas which may impinge on the work of other units.

·              At this level the technical officer will have gained a sound theoretical knowledge, through satisfactory completion of an appropriate course of study and/or gained wide experience in relevant technical activities.

·              In addition, the incumbent would be expected to have the capacity to manage human and material resources.

B.2.8              Technical Officer Grade 7

At this level the technical officer may be a manager, a specialist or a combination of both.

·              The incumbent in a manager's role will have greater resources to control, (as compensated with the grade 6 position) and will have a greater range of functions requiring being controlled.

·              Positions at this level are responsible for ensuring the effectiveness and efficiency of major technical programs. This involves the management of these programs, the initiation of new programs in collaboration with others, the supervision and training of staff, the overseeing of the more complex aspects of the work to ensure work quality and satisfactory output against program performance indicators.

·              Guidance will be very limited and is received only in relation to policy and budget inputs.

·              Work at this level embraces the need for the modification or adaptation of existing guidelines, practices and techniques, sometimes entailing significant intellectual challenge.

B.3              Professional Officers

B.3.1              Professional Officer Grade 1

·              The professional officer at this level has a combination of simple and basic tasks associated with the professional discipline, involving the provision of a service or information to support the work of others.

·              The professional officer at this level undertakes duties in accordance with standard procedure and is under close supervision and direction. The incumbent has no supervisory responsibilities and is expected to resolve minor problems.

·              At this level no formal qualifications or experience is required.

B.3.2              Professional Officer Grade 2

·              The professional officer at this level may be allocated assignments of a limited scope and complexity and may comprise a minor phase of a broader or complex assignment.

·              The incumbent may be required to assist senior staff in carrying out complex tasks or procedures, select and apply established principles, procedures and methods and exercise judgment and initiative in recognising the significance of deviations from the norm where standard approaches are used.

·              The incumbent may be required to design, co-ordinate and check work of sub‑professional staff required to work on a common project.

·              The work may be specifically directed and closely supervised by higher level professional staff and may be assigned by oral or written instruction which may include details of methods and procedures to be followed.

·              The incumbent will possess sound theoretical knowledge gained by satisfactory completion of an appropriate course of study at a recognised tertiary institution or through experience which is appropriate for the efficient discharge of the duties of the position at this level.

B.3.3              Professional Officer Grade 3

·              At this level, the professional officer performs normal professional work where assignments may be broad in scope and involve complex technical problems.

·              It will be expected that the incumbent will exercise a high degree of independence in the selection and application of established principles, technologies, procedures and methods, and exercise independent judgment and initiative in recognising when established approaches may require amplification, adoption or modification.

·              The professional officer at this level may work alone and may assign, co-ordinate and check work of subordinate staff required to work on a common project and provide limited professional guidance to others. Specific direction is given as to objectives but professional directions are limited to unusual features of assignments. Guidance may be required for the complex approaches.

·              The professional officer at this level must have sound professional knowledge gained through satisfactory completion of an appropriate course of study at a recognised tertiary institution. In some cases such knowledge may be gained through experience working at this level.

·              The incumbent will have demonstrated skills and possess experience in professional, communicative and administrative aspects of the work.

B.3.4              Professional Officer Grade 4

·              At this level, the professional officer may be managerial, a specialist position or a combination of both. The incumbent may be responsible for the sustained supervision of an activity or program of a work unit involving normal professional work or responsible for a highly complex, novel or critical activity in an aspect of professional work where it is necessary to select and/or modify and adapt established principles, technologies, procedures and methods.

·              The professional officer may be required to assign, co-ordinate and verify the work of subordinate staff in a work unit engaged in professional activities or programs and/or provide authoritative professional guidance to others.

·              General direction is given in terms of objectives and priorities, including critical areas which may impinge on work of other units. Decisions concerning normal professional work are not usually subject to review. Expert professional advice may be obtained from consultants to resolve highly complex issues.

·              The professional officer at this level provides a significant input into the policy formulation and execution of programs which may be associated with one or more areas of an employer's operations.

·              May assist a more senior professional in the direction of professional activities in an institution.

·              Sound theoretical knowledge is required and this knowledge may be gained through the satisfactory completion of an appropriate course of study, and/or wide experience in a professional activity.

·              The incumbent would be expected to demonstrate a capacity to manage human and material resources.

B.3.5              Professional Officer Grade 5

·              The professional officer at this level may be either a manager or a senior specialist or have a combination of both functions.

·              The incumbent will be responsible for the professional, economic and administrative management of a professional work unit engaged in complex activities or programs requiring the allocation of significant human and material resources and/or the provision of practical and economic solutions to highly complex professional problems in an aspect of professional work.

·              In addition, the professional officer at this level will be responsible for developing, implementing, reviewing major policies, objectives and strategies involving high level liaison/consultation with client areas (internal and external) and/or the exercise originality and ingenuity for devising practical and economic solutions to complex problems. Authority may be exercised over other specialists engaged in complex professional applications.

·              At this level, the professional officer may be required to possess post-graduate qualifications for some specialist positions.

·              Extensive experience in the specialist field or management of human and material resources is necessary.

·              The incumbent will possess a comprehensive knowledge of the relevant programs.

Schedule C - Supported Wage System

[Varied by PR998748, PR510670, PR525068, PR537893]

C.1              This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

C.2              In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme

relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate

C.3              Eligibility criteria

C.3.1              Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2              This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4              Supported wage rates

C.4.1              Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

[C.4.2 varied by PR998748, PR510670, PR525068, PR537893 ppc 01Jul13]

C.4.2              Provided that the minimum amount payable must be not less than $78 per week.

C.4.3              Where an employee's assessed capacity is 10%, they must receive a high degree of assistance and support.

C.5              Assessment of capacity

C.5.1              For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.

C.5.2              All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

C.6              Lodgement of SWS wage assessment agreement

C.6.1              All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.

C.6.2              All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia within 10 working days.

C.7              Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8              Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9              Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

C.10              Trial period

C.10.1              In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2              During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR998748, PR510670, PR525068, PR537893 ppc 01Jul13]

C.10.3              The minimum amount payable to the employee during the trial period must be no less than $78 per week.

C.10.4              Work trials should include induction or training as appropriate to the job being trialled.

C.10.5              Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D - National Training Wage

[Varied by PR998021, PR509152, PR522983, PR536786]

D.1              Title

This is the National Training Wage Schedule.

D.2              Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level

approved training means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a)              include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b)              include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c)              not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package

year 10 includes any year before Year 10

D.3              Coverage

D.3.1              Subject to clauses D.3.2 to D.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix D1 to this schedule or by clause D.5.4 of this schedule.

D.3.2              This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix D1 to this schedule.

D.3.3              This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

D.3.4              This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

D.3.5              Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.

D.3.6              At the conclusion of the traineeship, this schedule ceases to apply to the employee.

D.4              Types of Traineeship

The following types of traineeship are available under this schedule:

D.4.1              a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and

D.4.2              a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.

D.5              Minimum Wages

[D.5 substituted by PR998021, PR509152, PR522983, PR536786 ppc 01Jul13]

D.5.1              Minimum wages for full-time traineeships

(a)              Wage Level A

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:

(b)              Wage Level B

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:

(c)              Wage Level C

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:

(d)              AQF Certificate Level IV traineeships

(i)              Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii)              Subject to clause D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

D.5.2              Minimum wages for part-time traineeships

(a)              Wage Level A

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:

(b)              Wage Level B

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:

(c)              Wage Level C

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:

(d)              School-based traineeships

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix D1 are as follows when the trainee works ordinary hours:

(e)              AQF Certificate Level IV traineeships

(i)              Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii)              Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

(f)              Calculating the actual minimum wage

(i)              Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses D.5.2(a)-(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii)              Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses D.5.2(a)-(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii)              Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses D.5.2(a)-(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

D.5.3              Other minimum wage provisions

(a)              An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b)              If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

D.5.4              Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I-III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix D1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I-III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

D.6              Employment conditions

D.6.1              A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer's leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

D.6.2              A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

D.6.3              Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee's wages and determining the trainee's employment conditions.

D.6.4              Subject to clause D.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix D1: Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

D1.1              Wage Level A