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Poultry Processing Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 June 2018 (PR606399,PR606554,PR606630).
Clause(s) affected by the most recent variation(s):
Current review matter(s):AM2014/47;AM2014/82;AM2014/190;AM2014/196;AM2014/197;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15;AM2016/17;AM2016/8
Table of Contents
[Varied by PR991582,PR532631,PR544519,PR546288,PR557581,PR573679,PR583050,PR584133]
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
16. Classifications and minimum wages
18. Unapprenticed junior minimum wages
20. Allowances and special rates
Part 5—Hours of Work and Related Matters
24. Ordinary hours of work and rostering
Part 6—Leave and Public Holidays
28. Personal/carer’s leave and compassionate leave
Schedule A—Transitional Provisions
Schedule B—Classification Structure and Definitions
Schedule C—National Training Wage
Schedule D—Supported Wage System
Schedule E—2017 Part-day Public Holidays
Schedule F—Agreement to Take Annual Leave in Advance
Schedule G—Agreement to Cash Out Annual Leave
Schedule H—Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
This award is the Poultry Processing Award 2010.
2. Commencement and transitional
[Varied by PR991582,PR542194]
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 varied by PR542194 ppc 04Dec13]
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,the Fair Work Commission may make any order it considers appropriate to remedy the situation.
[2.5 varied by PR542194 ppc 04Dec13]
2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
[2.6 varied by PR542194 ppc 04Dec13]
2.6 The Fair Work Commission 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 PR994308,PR997772,PR503717,PR546054]
3.1 In this award,unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
[Definition of agreement-based transitional instrument inserted by PR994308 from 01Jan10]
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 default fund employee inserted by PR546054 ppc 01Jan14]
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of defined benefit member inserted by PR546054 ppc 01Jan14]
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of Division 2B State award inserted by PR503717 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 PR503717 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).
[Definition of exempt public sector superannuation scheme inserted by PR546054 ppc 01Jan14]
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
leading hand means an employee who is given by the employer,or their agent,the responsibility for directing and/or supervising the work of other persons.
[Definition of MySuper product inserted by PR546054 ppc 01Jan14]
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).
[Definition of on-hire inserted by PR994308 from 01Jan10]
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.
poultry processing industry means the killing,processing,preparation,packing,wholesaling and distribution of uncooked poultry,poultry products and poultry by-products and,where the cooking is incidental to the aforementioned,cooked poultry,poultry products and poultry by-products.
standard rate means the minimum hourly wage prescribed for the Level 2 classification in clause 16.1.
[Definition of transitional minimum wage instrument inserted by PR994308 from 01Jan10]
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.
[Varied by PR994308]
4.1 This industry award covers employers throughout Australia in the poultry processing industry and their employees in the classifications in this award to the exclusion of any other modern award.
4.2 This award does not cover an employee excluded from award coverage by the Act.
4.3 This 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.
[New 4.4 inserted by PR994308 from 01Jan10]
4.4 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.
[4.5 inserted by PR994308 from 01Jan10
4.5 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.
[4.6 inserted by PR994308 from 01Jan10
4.6 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.
[4.4 renumbered as 4.7 by PR994308 from 01Jan10]
4.7 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 the 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.
[Varied by PR542194]
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 varied by PR542194 ppc 04Dec13]
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
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
[7.3(b) varied by PR542194 ppc 04Dec13]
(b) result in the employee being better off overall at the time the agreement is made 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:
[7.8(a) varied by PR542194 ppc 04Dec13]
[Note inserted by PR542194 ppc 04Dec13]
Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).
[New 7.9 inserted by PR542194 ppc 04Dec13]
7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.
[7.9 renumbered as 7.10 by PR542194 ppc 04Dec13]
7.10 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 renamed and substituted by PR546288 ppc 01Jan14]
8.1 Consultation regarding major workplace change
(i) 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.
(ii) 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.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),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.
(ii) 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(a).
(iii) 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.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
[Varied by PR542194]
9.1 In the event of a dispute in relation to a matter arising under this award,or a dispute in relation to the NES,in the first instance the parties will 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 varied by PR542194 ppc 04Dec13]
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 the Fair Work Commission.
[9.3 varied by PR542194 ppc 04Dec13]
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.
[9.4 varied by PR542194 ppc 04Dec13]
9.4 Where the matter in dispute remains unresolved,the Fair Work Commission 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 clause 9—Dispute resolution.
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.
Part 3—Types of Employment and Termination of Employment
10.1 Employees under this award must be employed in one of the following categories:
(a) full-time employees;
(b) part-time employees;or
(c) casual employees.
10.2 At the time of engagement an employer must inform each employee of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
12.1 A part-time employee is an employee who:
12.2 For each ordinary hour worked,a part-time employee must be paid no less than 1/38th of the minimum weekly wage for the relevant classification in this award.
12.3 An employer must inform a part-time employee of their ordinary hours of work and starting and finishing times.
12.4 A part-time employee’s rostered hours of work can be altered by a minimum of 48 hours’notice.
12.5 A part-time employee must be engaged for a minimum of three consecutive hours on any day or shift.
13.1 A casual employee is one engaged and paid as such. For each engagement a casual employee must be paid for a minimum of three hours.
13.2 A casual employee for working ordinary time must be paid an hourly rate calculated on the basis of 1/38th of the minimum weekly wage for the relevant classification in this award plus a casual loading of 25%. Where any other penalty is payable for working ordinary hours the calculation of such penalty must be based on the minimum hourly wage for the classification. The casual loading is not paid for overtime or time worked on Saturday,Sunday or a public holiday.
14.1 Notice of termination is provided for in the NES.
14.2 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.
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.
[Varied by PR994308,PR503717,PR561478]
15.1 Redundancy pay is provided for in the NES.
15.2 Transitional provisions –NAPSA employees
[15.2 varied by PR994308;renamed by PR503717;deleted by PR561478 ppc 05Mar15]
15.2 Transfer to lower paid duties
[15.3 renumbered as 15.4 by PR503717;15.4 renumbered as 15.2 by PR561478 ppc 05Mar15]
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 new ordinary time rate of pay for the number of weeks of notice still owing.
15.3 Transitional provisions –Division 2B State employees
[15.3 inserted by PR503717;deleted by PR561478 ppc 05Mar15]
15.3 Employee leaving during notice period
[15.4 renumbered as 15.5 by PR503717;15.5 renumbered as 15.3 by PR561478 ppc 05Mar15]
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 clause 15—Redundancy had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.
15.4 Job search entitlement
[15.5 renumbered as 15.6 by PR503717;15.6 renumbered as 15.4 by PR561478 ppc 05Mar15]
(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 14.3.
Part 4—Minimum Wages and Related Matters
16. Classifications and minimum wages
18. Unapprenticed junior minimum wages
20. Allowances and special rates
16. Classifications and minimum wages
[Varied by PR997980,PR509105,PR522936,PR536739,PR551662,PR566752,PR579854,PR592172,PR606399]
[16.1 varied by PR997980,PR509105,PR522936,PR536739,PR551662,PR566752,PR579854,PR592172,PR606399 ppc 01Jul18]
The classifications and minimum wages for an employee,other than one specified in clause 16.4,are set out in the following table:
Classification level | Minimum weekly wage | Minimum hourly wage |
$ | $ | |
Level 1 | 743.30 | 19.56 |
Level 2 | 764.30 | 20.11 |
Level 3 | 774.80 | 20.39 |
Level 4 | 785.40 | 20.67 |
Level 5 | 795.70 | 20.94 |
Level 6 | 816.80 | 21.49 |
16.2 For the purposes of clause 16.1,any entitlement to a minimum wage expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.
16.3 The classification definitions are set out in Schedule B—Classification Structure and Definitions.
16.4 The following employees are not entitled to the minimum wages set out in the table in clause 16.1:
(a) a trainee (see clause 17—National training wage);and
(b) an unapprenticed junior (see clause 18—Unapprenticed junior minimum wages);and
(c) an employee receiving a supported wage (see Schedule D—Supported Wage System).
[17—Trainee minimum wages renamed as National training wage and substituted by PR593853 ppc 01Jul17;varied by PR606399]
17.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.
[17.2 varied by PR606399 ppc 01Jul18]
17.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2018. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Poultry Processing Award 2010 and not the Miscellaneous Award 2010.
18. Unapprenticed junior minimum wages
The minimum wages for an unapprenticed junior employee are the following percentages of the appropriate classification and minimum wage set out in clause 16.1:
Age | % |
16 years of age or less | 70 |
17 years of age | 80 |
18 years of age and over | 100 |
See Schedule D—Supported Wage System.
20. Allowances and special rates
To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.
[Varied by PR994308,PR998084,PR509227,PR523057,PR536860,PR551783,PR561478,PR566884,PR579578,PR592332,PR606554]
20.1 All-purpose allowances
The following allowance applies for all purposes of this award:
Leading hands
A leading hand in charge of one or more employees must be paid,in addition to the minimum wage for the highest classification supervised,or their own minimum wage,whichever is higher,the following:
In charge of | Amount of the standard rate |
1–19 employees | 152% per week extra |
20 or more employees | 254% per week extra |
20.2 Other allowances
(a) First aid allowance
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or a similar body must be paid 83.2% of the standard rate per week extra if appointed by their employer to perform first aid duty.
(b) Meal allowance
[20.2(b) varied by PR998084,PR509227,PR523057,PR536860,PR551783,PR566884,PR579578,PR592332, PR606554 ppc 01Jul18]
An employee required to work overtime for at least one and a half hours after working ordinary hours must be paid by the employer an amount of $14.25 to meet the cost of a meal,except where a meal is provided by the employer.
An employee working for more than one hour in a place where the temperature is reduced by artificial means must be paid the following percentage of the standard rate per hour or part thereof extra:
Temperature | Amount of the standard rate |
From –15.6�C to –18.0�C | 3.7% per hour or part thereof extra |
Less than –18.0�C to –23.3�C | 6.5% per hour or part thereof extra |
Less than –23.3�C | 10.2% per hour or part thereof extra |
(d) Vehicle allowance
[20.2(d) varied by PR523057,PR536860,PR551783 ppc 01Jul14]
An employee required to use their own motor vehicle for travelling from one place to another during working time must be paid $0.78 per kilometre.
(e) The allowances in clause 20.2 are not subject to any premium or penalty additions.
[20.3 varied by PR994308;deleted by PR561478 ppc 05Mar15]
20.3 Adjustment of expense related allowances
[20.4 renumbered as 20.3 by PR561478 ppc 05Mar15]
(a) At the time of any adjustment to the standard rate,each expense related allowance must 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:
Type of allowance | Applicable Consumer Price Index figure |
Meal allowance | Take away and fast foods sub-group |
Vehicle allowance | Private motoring sub-group |
An employee engaged for more than four hours during one day on duties carrying a higher minimum wage than the employee’s ordinary classification must be paid the higher minimum wage for such day. If engaged for four hours or less during one day,the employee must be paid the higher minimum wage for the time so worked.
22.1 Period of payment
Wages must be paid weekly,either:
(a) according to the actual ordinary hours worked each week;or
(b) according to the average number of ordinary hours worked each week.
22.2 Method of payment
Wages must be paid by cash,cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
[Varied by PR994308,PR546054]
23.1 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.
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.
23.3 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 23.2.
(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 23.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 23.3(a) or (b) was made.
23.4 Superannuation fund
[23.4 substituted by PR994308 from 01Jan10]
Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 23.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clauses 23.3(a) or (b) to one of the following superannuation funds or its successor:
(a) AustralianSuper;or
(b) LUCRF Super;or
(c) Meat Industry Employees’Super Fund;or
(d) Sunsuper;or
(e) Statewide Superannuation Trust;or
[23.4(f) varied by PR546054 ppc 01Jan14]
(f) 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 and is a fund that offers a MySuper product or is an exempt public sector scheme;or
[23.4(g) inserted by PR546054 ppc 01Jan14]
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Hours of Work and Related Matters
24. Ordinary hours of work and rostering
24. Ordinary hours of work and rostering
24.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
24.2 Except as provided elsewhere in this award,the ordinary hours of work for an employee are an average of 38 hours per week but not more than 10 hours per day or 152 hours over 28 days.
24.3 Day workers
(a) The ordinary hours of work for a day worker may be worked on any or all of the days of the week Monday to Friday. The days on which ordinary hours are worked may include Saturday and/or Sunday subject to agreement between the employer and the majority of employees concerned or between an employer and an individual employee. If agreement is reached in accordance with clause 24.3(a) the additional rates in clause 24.5 apply.
(b) The ordinary hours of work are to be worked continuously,except for meal and rest breaks,at the discretion of the employer between the hours 5.00 am and 5.00 pm. The spread of hours (5.00 am to 5.00 pm) may be altered by up to one hour at either or both ends of the spread,by agreement between an employer and the majority of employees concerned or,in appropriate circumstances,an employer and an individual employee.
(c) By agreement between the employer and the majority of employees concerned the ordinary hours for a day worker may be up to 12 hours per day.
24.4 Shiftworkers
(a) Definitions
For the purposes of this award:
(i) Early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am;and
(ii) Afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or,where the ordinary hours are extended by agreement,6.00 pm and at or before midnight;and
(iii) Night shift means a shift finishing after midnight and at or before 8.00 am.
The ordinary hours for a shiftworker are up to 10 hours per day,inclusive of meal breaks,Monday to Sunday. By agreement between the employer and the majority of employees concerned the ordinary hours for a shiftworker may be up to 12 hours per day,inclusive of meal breaks,Monday to Sunday.
Other than for work on a Saturday,Sunday or public holiday,a shiftworker must be paid an additional amount of:
(i) 10% of the ordinary time rate for ordinary hours worked on an early morning shift;
(ii) 15% of the ordinary time rate for ordinary hours worked on an afternoon or night shift;
(iii) 25% of the ordinary time rate for ordinary hours worked on permanent night shift.
(d) Overtime and public holiday rates
(i) A shiftworker who is required and works overtime must be paid overtime in accordance with clause 26—Overtime.
(ii) A shiftworker who is required and works on a public holiday must be paid for a minimum of four hours at the rate of 250%.
(e) Shift notice
(i) An employee must be given at least 48 hours’notice of a requirement to work shiftwork and any alteration to their hours of work. By agreement between an employer and an employee,the notice requirement may be waived.
(ii) The hours for a shiftworker when fixed may be varied for breakdowns or other causes beyond the control of the employer.
24.5 Weekend and public holiday penalty rates
An employee who works ordinary hours on a Saturday,Sunday or public holiday must be paid an additional amount of:
(a) 50% of the ordinary time rate for ordinary hours worked on a Saturday;
(b) 75% of the ordinary time rate for ordinary hours worked on a Sunday;and
(c) 150% of the ordinary time rate for ordinary hours worked on a public holiday.
[Varied by PR540794]
An employee is entitled to an unpaid meal break on each day of work of not less than 30 minutes or more than 60 minutes to be taken not later than six hours after the commencement of work.
25.2 Rest breaks
[25.2 substituted by PR540794 ppc 23Sep13]
(a) An employee is entitled to one rest break of ten minutes during a period of work with a duration of more than three hours and less than or equal to six hours (excluding any unpaid meal break).
(b) An employee is entitled to two rest breaks of 10 minutes each during a period of work with a duration of more than six hours (excluding any unpaid meal break).
25.3 Crib time
Where shiftwork comprises consecutive shifts of at least eight hours each per day,an employee working shiftwork is entitled to a paid 20 minute crib time instead of any other meal break provided in this award.
[Varied by PR584133]
26.1 Payment for working overtime
26.2 Call-back
(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of three hours at the overtime rates each time the employee is so recalled.
(b) Clause 26.2(a) does not apply where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary hours or where the overtime is continuous,subject to a reasonable meal break,with the completion or commencement of ordinary hours.
26.3 Rest period after overtime
(a) When overtime work is necessary it must,wherever reasonably practicable,be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.
(b) An employee,other than a casual employee,who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must,subject to the other provisions of clause 26.3,be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during such absence.
(c) If on the instructions of the employer,an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at the rate of 200% until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.
(d) The provisions of clause 26.3 apply in the case of a shiftworker as if eight hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters;or
(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker;or
(iii) where a shift is worked by arrangement between the employees themselves.
(a) Overtime worked by an employee on a Saturday must be paid at the rate of 150% for the first three hours and 200% thereafter.
(b) Overtime worked by an employee on a Sunday must be paid at the rate of 200%.
(c) An employee required to work overtime on a Saturday or a Sunday must be paid for a minimum of three hours on a Saturday and four hours on a Sunday at the overtime rates.
An employee required to work overtime on a public holiday must be paid for a minimum of four hours at the rate of 250%.
26.6 Time off instead of payment for overtime]
[26.6 inserted by PR584133 ppc 22Aug16]
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 26.6.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;
(iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.
Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 26.6 can also be made by an exchange of emails between the employee and employer,or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE:By making an agreement under clause 26.6 an employee who worked 2 overtime hours is entitled to 2 hours’time off.
(i) within the period of 6 months after the overtime is worked;and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 26.6 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 26.6 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.
(j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 26.6 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.
Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).
(k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 26.6 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 26.6.
Part 6—Leave and Public Holidays
28. Personal/carer’s leave and compassionate leave
[Varied by PR567244; PR583050]
27.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.
27.2 Definition of shiftworker
[27.2 substituted by PR567244 ppc 27May15]
For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act,a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.
27.3 Payment for period of annual leave
An employee will be paid annual leave at the base rate of pay as prescribed by the NES.
In addition to the payment prescribed in clause 27.3,during a period of annual leave an employee must be paid a loading of 17.5% calculated on the base rate of pay or,if the employee would have worked shiftwork if the employee had not been on leave,the higher of:
(a) a loading of 17.5% calculated on the base rate of pay;or
(b) the shift rate including the relevant weekend penalty rate payments the employee would have received in respect of ordinary hours of work had the employee not been on leave during the relevant period.
27.5 Excessive leave accruals:general provision
[27.5 renamed and substituted by PR583050 ppc 29Jul16]
Note:Clauses 27.5 to 27.7 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 27.2).
(b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
(c) Clause 27.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 27.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
27.6 Excessive leave accruals:direction by employer that leave be taken
[New 27.6 inserted by PR583050 ppc 29Jul16]
(a) If an employer has genuinely tried to reach agreement with an employee under clause 27.5(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However,a direction by the employer under paragraph (a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 27.5,27.6 or 27.7 or otherwise agreed by the employer and employee) are taken into account;and
(ii) must not require the employee to take any period of paid annual leave of less than one week;and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.
(d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.
Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 27.6(b)(i).
Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
27.7 Excessive leave accruals:request by employee for leave
[New 27.7 inserted by PR583050 ppc 29Jul16;substituted by PR583050 ppc 29Jul17]
(a) If an employee has genuinely tried to reach agreement with an employer under clause 27.5(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However,an employee may only give a notice to the employer under paragraph (a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and
(ii) the employee has not been given a direction under clause 27.6(a) that,when any other paid annual leave arrangements (whether made under clause 27.5,27.6 or 27.7 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under paragraph (a) must not:
(i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 27.5,27.6 or 27.7 or otherwise agreed by the employer and employee) are taken into account;or
(ii) provide for the employee to take any period of paid annual leave of less than one week;or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 27.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under paragraph (a).
[27.6 renumbered as 27.8 by 27.8 by PR583050 ppc 29Jul16;27.8 renamed and substituted by PR583050 ppc 29Jul16]
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence;and
(ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.
Note:An example of the type of agreement required by clause 27.8 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.
(c) The employer must keep a copy of any agreement under clause 27.8 as an employee record.
(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 27.8,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
27.9 Annual close-down
[27.7 renumbered as 27.9 by PR583050 ppc 29Jul16]
Notwithstanding s.88 of the Act and clause 27.5 an employer may close down an enterprise or part of it during any period of pre-planned maintenance or the installation of machinery,provided that:
(a) the employer gives not less than one month’s notice of the intention to do so;and
(b) the close-down occurs on not more than one occasion per year,unless otherwise agreed between an employer and the majority of employees concerned;and
(c) an employee who has accrued sufficient annual leave to cover the period of the close-down is allowed annual leave and also paid for that leave at the appropriate wage in accordance with clauses 27.3 and 27.4;and
(d) an employee who has not accrued sufficient annual leave to cover part or all of the close-down is allowed paid annual leave for the period for which they have accrued sufficient leave,and given unpaid leave for the remainder of the close-down;and
(e) any annual leave taken by an employee as a result of a close-down pursuant to clause 27.8 also counts as service by the employee with their employer.
27.10 Proportionate leave on termination
[27.8 renumbered as 27.10 by PR583050 ppc 29Jul16]
27.11 Cashing out of annual leave
[27.11 inserted by PR583050 ppc 29Jul16]
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 27.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 27.11.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 27.11 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it;and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 27.11 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 27.11 as an employee record.
Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 27.11.
Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 27.11.
Note 3:An example of the type of agreement required by clause 27.11 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.
28. Personal/carer’s leave and compassionate leave
28.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
28.2 If an employee is terminated by their employer and is re-engaged by the same employer within a period of six months then the employee’s unclaimed balance of paid personal/carer’s leave continues from the date of re-engagement.
Community service leave is provided for in the NES.
30.1 Public holidays are provided for in the NES.
30.2 Substitution of certain public holidays by agreement at the enterprise
By agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned,an alternative day may be taken as the public holiday instead of any of the prescribed days.
Schedule A—Transitional Provisions
[Varied by PR991582,PR503717]
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:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
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:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
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:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
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:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
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:
First full pay period on or after | |
1 July 2010 | 20% |
1 July 2011 | 40% |
1 July 2012 | 60% |
1 July 2013 | 80% |
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 PR503717 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—Classification Structure and Definitions
[Varied by PR991582]
For the purposes of this award,the classification definitions are as follows:
B.1.1 Process Employee Level 1
(a) Points of entry
New employee.
(b) Skills/duties
(i) Undertakes structured induction training.
(ii) Works under direct supervision,either individually or in a team environment.
(iii) Undertakes training in quality systems.
(iv) Exercises minimal discretion.
(v) Undertakes training for any task.
(c) Promotional criteria
An employee remains at this level for the first three months or until they are capable of effectively performing the tasks required so as to enable them to progress to a higher level as a position becomes available.
B.1.2 Process Employee Level 2
(a) Points of entry
(i) Previously a Process Employee Level 1;or
(ii) Proven and demonstrated skills at this level.
(b) Skills/duties
(i) Responsible for the quality of their work within this level.
(ii) Undertakes duties in a safe and responsible manner.
(iii) Exercises minimal judgment.
(c) Indicative tasks
(i) Loading and unloading the crate washer for finished product.
(ii) Locating and removing any residual feathers from carcasses on the line.
(iii) Rehanging poultry post-primary grading and/or including wet re-hanging or hanging on to automatic cut up,or operator scales,carton strapping,including minor adjustment and tape installation.
(iv) Maintaining plant hygiene,including laundering protective clothing in the factory environs.
(v) Placing a pad on a tray,a plastic liner in a crate,or forming cartons manually or semi-automatically.
(vi) Loading trays into an automatic wrapping machine and/or the hand application of stick-on labels on tray packs or bags.
(vii) Moving product between work areas as directed/and or distributing ice throughout the plant where required.
(viii) Receiving incoming goods and/or packaged products from the plant and/or sorting and stacking products inside a freezer or chiller room,and retrieving this product for despatch.
(ix) Operating material handling equipment which may require a licence,conveyer or shrink wrap machine.
(d) Promotional criteria
An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required and are assessed to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.
B.1.3 Process Employee Level 3
(a) Points of entry
(i) Previously a Process Employee Level 2 or lower;or
(ii) Proven and demonstrated skills at this level.
(b) Skills/duties
(i) Responsible for the quality of their own work within this level.
(ii) Will be required to have a working knowledge of quality systems.
(iii) Works in a team environment.
(c) Indicative tasks
(i) Employees engaged in the product areas from where the kill and eviscerating lines meet to the point of entry into the first washer and/or chiller,including re-hanging,vent opening,eviscerating,harvesting,pre-pack presenter and evisceration checker.
(ii) Placing a whole bird and/or pieces into a plastic bag and/or clipping and/or placing the bagged or bulk bird into a carton or crate to quality standards.
(iii) Placing a bird and/or pieces into a plastic bag and/or clipping the bag on an automatic or semi-automatic machine.
(iv) Sorting and selecting pieces of boneless product to achieve random/set weights on valumatic trays and presenting the product to quality specifications which includes no blemishes,no retention of viscera and no protrusions or overlap,and to a standard specification layout.
(v) All duties relating to a nine piece cut up machine in order to consistently achieve quality standards.
(vi) General work associated with the preparation,packing and storage of uncooked and cooked processed poultry products using steam and/or other means of heating.
(vii) All mincing,filling,de-bone machine operation,flavour injector operation and mixer operation.
(d) Promotional criteria
An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required and are assessed to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.
B.1.4 Process Employee Level 4
(a) Points of entry
(i) Previously a Process Employee Level 3 or lower;or
(ii) Proven and demonstrated skills at this level.
(b) Skills/duties
(i) Responsible for the quality of their own work within this level.
(ii) Will be required to have a working knowledge of quality systems.
(iii) Works in a team environment.
(c) Indicative tasks
(i) Operating a weight labelling machine which automatically places a price-weight label,entering product and/or price coding and positioning labels to set quality standards.
(ii) Manually recording the type and weight of finished product from the packing floor to storage.
(iii) Unloading crates on to a dock,hanging live birds and/or catching escaped birds,assisting in the back up killing and restacking live bird crates.
(iv) Ensuring the accurate recording of product leaving the chiller or freezer ready for loading into a truck for despatch.
(v) Adult employees,driving a semi-trailer of any capacity within plant environs,loading and unloading the vehicle,monitoring livestock cooling devices and completing records as required.
(vi) Rendering or digestion operators.
(d) Promotional criteria
An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required and are assessed to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.
B.1.5 Process Employee Level 5
(a) Points of entry
(i) Previously a Process Employee Level 4 or lower;or
(ii) Proven and demonstrated skills (including as appropriate,Industry Certification) at this level.
(b) Skills/duties
(i) Responsible for the quality of their own work within this level.
(ii) Will be required to have a working knowledge of quality systems.
(iii) Works in a team environment.
(c) Indicative tasks
(i) De-boning poultry manually,on a semi-automatic machine or an on-line boning operation,to specified standards.
(ii) Measuring and recording the physical properties of the whole bird or portions to established standards of measurement. This may include temperature,flock assessment,scalding characteristics,evisceration performance,water pick up where appropriate,bacteria control measures and preparation for laboratory staff and inspection services.
(iii) Skilled use of a hand operated rotary saw to cut the whole bird and/or pieces to set standards.
(iv) Primary grading of whole birds immediately after exiting the water and/or air chiller to predetermined quality specifications,sorting and selecting to meet those standards and placing the birds on shackles for distribution within the packing plant.
(v) Primary operation and care of all appropriate materials handling equipment under licence.
(d) Promotional criteria
An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required and are assessed to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.
B.1.6 Process Employee Level 6
(a) Points of entry
(i) Previously a Process Employee Level 5 or lower;or
(ii) Proven and demonstrated skills at this level.
(b) Skills/duties
(i) Capable of performing the duties of a Process Employee Levels 1 to 5.
(ii) Completed an accredited ‘Train the Trainer’course.
(c) Indicative tasks
(i) All the duties of a Process Employee Levels 1 to 5.
(ii) Training of other process employees as directed.
Schedule C—National Training Wage
[Varied by PR991582,PR994308,PR509105,PR522936,PR536739,PR545787,PR551662,PR566752,PR579854];deleted by PR593853 ppc 01Jul7]
Schedule D—Supported Wage System
[Varied by PR991582,PR994308,PR998748,PR510670,PR525068,PR537893,PR542194,PR551831,PR568050,PR581528,PR592689,PR606630]
D.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.
[D.2 varied by PR568050 ppc 01Jul15]
D.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 Social Services that records the employee’s productive capacity and agreed wage rate
D.3 Eligibility criteria
D.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.
D.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.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause D.5) % | Relevant minimum wage % |
10 | 10 |
20 | 20 |
30 | 30 |
40 | 40 |
50 | 50 |
60 | 60 |
70 | 70 |
80 | 80 |
90 | 90 |
[D.4.2 varied by PR994308,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630 ppc 01Jul18]
D.4.2 Provided that the minimum amount payable must be not less than $86 per week.
D.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.
D.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.
D.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.
D.6 Lodgement of SWS wage assessment agreement
[D.6.1 varied by PR542194 ppc 04Dec13]
D.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 the Fair Work Commission.
[D.6.2 varied by PR542194 ppc 04Dec13]
D.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 the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.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.
D.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.
D.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.
D.10 Trial period
D.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.
D.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.
[D.10.3 varied by PR994308,PR998748,PR510670 ,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630 ppc 01Jul18]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $86 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.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 D.5.
Schedule E—2017 Part-day Public Holidays
[Sched E inserted by PR532631 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110 ppc 04Dec17]
This schedule operates in conjunction with award provisions dealing with public holidays.
E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2017) or New Year’s Even (31 December 2017) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.
(h) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.
Schedule F—Agreement to Take Annual Leave in Advance
[Sched F inserted by PR583050 ppc 29Jul16]
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee:_____________________________________________
Name of employer:_____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is:____ hours/days
The leave in advance will commence on:___/___/20___
Signature of employee:________________________________________
Date signed:___/___/20___
Name of employer representative:________________________________________
Signature of employer representative:________________________________________
Date signed:___/___/20___
[If the employee is under 18 years of age - include:] I agree that: if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian:________________________________________ Signature of parent/guardian:________________________________________ Date signed:___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
[Sched G inserted by PR583050 ppc 29Jul16]
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee:_____________________________________________
Name of employer:_____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is:____ hours/days
The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on:___/___/20___
Signature of employee:________________________________________
Date signed:___/___/20___
Name of employer representative:________________________________________
Signature of employer representative:________________________________________
Date signed:___/___/20___
Include if the employee is under 18 years of age: Name of parent/guardian:________________________________________ Signature of parent/guardian:________________________________________ Date signed:___/___/20___ |
Schedule H—Agreement for Time Off Instead of Payment for Overtime
[Sched H inserted by PR584133 ppc 22Aug16]
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee:_____________________________________________
Name of employer:_____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started:___/___/20___ ____ am/pm
Date and time overtime ended:___/___/20___ ____ am/pm
Amount of overtime worked:_______ hours and ______ minutes
The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee:________________________________________
Date signed:___/___/20___
Name of employer representative:________________________________________
Signature of employer representative:________________________________________
Date signed:___/___/20___
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