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Airline Operations - Ground Staff Award 2010
The above award was first made on 4 September 2009 [PR988692]
This consolidated version of the award includes variations made on 16 December 2009 [PR991555]; 26 March 2010 [PR994424]; 4 June 2010 [PR997772]; 21 June 2010 [PR998174]; 21 June 2010 [PR997950]; 29 June 2010 [PR998748]; 6 December 2010 [PR503666]; 20 June 2011 [PR509079]; 21 June 2011 [PR509201]; 21 June 2011 [PR510670]; 31 August 2011 [PR514012]; 18 June 2012 [PR522910]; 18 June 2012 [PR525068]; 19 June 2012 [PR523031]
Applications for Review of award: AM2012/18; AM2012/107; AM2012/128; AM2012/148; AM2012/182; AM2012/221; AM2012/275; AM2012/282
.
Table of Contents
[Varied by PR991555, PR514012]
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
8. Facilitative provisions
Part 2 - Consultation and Dispute Resolution
9. Consultation regarding major workplace change
10. Dispute resolution
Part 3 - Types of Employment and Termination of Employment
11. Types of employment
13. Redundancy
Part 4 - Minimum Wages and Related Matters
14. Classifications
15. Minimum wages
16. Apprentice minimum wages
17. Junior rates
18. Supported wage system
19. School-based apprentices
20. National Training Wage
22. District allowances
23. Accident pay
24. Indemnity/insurance
25. Higher duties
26. Payment of wages
27. Superannuation
Part 5 - Hours of Work and Related Matters
28. Ordinary hours of work
29. Breaks
30. Special provisions for shiftworkers
31. Daylight saving
32. Overtime
33. Sunday work
Part 6 - Leave and Public Holidays
34. Annual leave
35. Personal/carer's leave and compassionate leave
36. Community service leave
37. Public holidays
Schedule A - Transitional Provisions
Schedule B - Classification Definitions
Schedule C - Supported Wage System
Schedule D - School-based Apprentices
Schedule E - National Training Wage
Appendix E1: Allocation of Traineeships to Wage Levels
Part 1 - Application and Operation
This award is the Airline Operations - Ground Staff Award 2010.
2. Commencement and transitional
[Varied by PR991555]
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 PR994424, PR997772, PR503666]
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 PR994424 from 01Jan10]
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
airline operations industry means:
(a) operating; and/or
(b) ancillary on-airport servicing of,
aircraft used for the purposes of providing commercial passenger or freight air transport services (whether scheduled or non-scheduled) and private business and instructional flying in, and from a base in, Australia
award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
CAOs means the Civil Aviation Orders made under the Civil Aviation Regulations
CARs means the Civil Aviation Regulations
CASA means the Civil Aviation Safety Authority
confined space means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position
[Definition of Division 2B State award inserted by PR503666 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 PR503666 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)
home base means any base at which an employee is domiciled for a period in excess of 180 days
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 PR994424 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
standard rate means the minimum weekly wage for an Aircraft Maintenance Engineer in clause 15
[Definition of transitional minimum wage instrument inserted by PR994424 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 PR991555, PR994424]
4.1 This award covers employers throughout Australia in the airline operations industry with respect to all their employees throughout Australia in the classifications listed in Schedule B - Classification Definitions and to those employees. This award applies to the exclusion of any other modern award.
4.2 The award does not cover an employee excluded from award coverage by the Act.
4.3 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.
[New 4.4, 4.5 and 4.6 inserted by PR994424 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 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 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or 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 PR994424 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 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.
7.1 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.
8.1 Facilitative provisions
(a) Agreement to vary award provisions
(i) This award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 8.2, 8.3 and 8.4.
(ii) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.
8.2 Facilitation by individual agreement
The following facilitative provisions can be utilised upon agreement between an employer and an individual employee:
Clause number | Provision |
|---|---|
11.4(b)(ii) | Part-time employment - variation to hours of part-time employment |
28.5 | Make-up time |
32.1(d) | Overtime - time off instead of payment for overtime |
32.2 | Overtime - Rest period after overtime |
8.3 Facilitation by majority or individual agreement
(a) The following facilitative provisions can be utilised by agreement between the employer and a majority of employees in the workplace or part of it, or the employer and an individual employee:
Clause number | Provision |
|---|---|
28.2 | Ordinary hours of work - day work |
28.4 | Ordinary hours of work - method of arranging ordinary working hours |
29.1 | Meal break - day work |
29.2 | Meal break - shiftwork |
30.2 | Shiftwork rosters - change of roster |
37.4 | Public holidays - substitution of public holidays |
(b) Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 8.3(a), that agreement binds all such employees.
8.4 Facilitation by majority agreement
(a) The following facilitative provisions can be utilised upon agreement between the employer and majority of employees in the workplace or part of it:
Clause number | Provision |
|---|---|
26 | Payment of wages |
28.2(c) | Ordinary hours of work - spread of hours |
28.2(d) | Rostered days off - day work |
28.3(e) | Rostered days off - shiftwork |
28.4(c) | Introduction of 12 hour shifts |
(b) Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 8.4(a), that agreement binds all such employees.
Part 2 - Consultation and Dispute Resolution
9. Consultation regarding major workplace change
(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.
9.2 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 9.1, 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 9.1.
(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.
10.1 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.
10.2 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 10.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia.
10.3 The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration.
10.4 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.
10.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
10.6 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
11.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
11.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.
11.3 Full-time employment
A full-time employee is an employee who is engaged to work 38 ordinary hours per week or an average of 38 ordinary hours per week.
11.4 Part-time employment
(a) General
(i) A part-time employee is an employee who is engaged to perform less than an average of 38 ordinary hours per week on a reasonably predictable basis.
(ii) Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees who do the same work in the classification concerned.
(iii) An employer is required to roster a part-time employee for a minimum of four consecutive hours on any shift.
(iv) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
(b) Part-time day workers
(i) At the time of engagement or appointment of an employee as a day worker, the employer and the part-time employee will agree in writing on a regular pattern of work, specifying:
· the guaranteed minimum number of ordinary hours to be worked per week; or
· which days of the week the employee will work and the actual starting and finishing times each day.
(ii) Subject to the employer's rights in clauses 8.4 and 28.4 to change an employee's hours of work, changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one week's notice in advance of the changed hours.
(iii) All time worked in excess of the ordinary daily hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
(c) Part-time shiftworkers
(i) At the time of engagement or appointment of an employee as a shiftworker, the employer and the part-time employee will agree in writing the guaranteed minimum number of ordinary hours to be worked per week.
(ii) Subject to clause 11.4(c)(i) part-time shiftworkers will be rostered in accordance with clauses 28 and 30.
(iii) All time worked in excess of the rostered daily hours will be overtime and paid for at the appropriate overtime rate.
11.5 Casual employment
(a) A casual employee is an employee engaged as such.
(b) A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
(c) Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.
(d) Casual employees are entitled to a minimum payment of four hours work at the appropriate rate.
12.1 Notice of termination is provided for in the NES.
12.2 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 PR994424, PR503666]
13.1 Redundancy pay is provided for in the NES.
13.2 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.
13.3 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.
13.4 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 12.3.
13.5 Transitional provisions - NAPSA employees
[13.5 renamed by PR503666 ppc 01Jan11]
(a) Subject to clause 13.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a notional agreement preserving a State award:
[13.5(a)(i) substituted by PR994424 from 01Jan10]
(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 13.5 ceases to operate on 31 December 2014.
13.6 Transitional provisions - Division 2B State employees
[13.6 inserted by PR503666http://www.fwa.gov.au/awardsandorders/html/PR503625.htm ppc 01Jan11]
(a) Subject to clause 13.6(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 13.6 ceases to operate on 31 December 2014.
Part 4 - Minimum Wages and Related Matters
[Varied by PR991555]
Classification definitions are set out in Schedule B. Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.
[Varied by PR997950, PR509079, PR522910]
15.1 Aviation transport workers stream
[15.1 varied by PR997950, PR509079, PR522910 ppc 01Jul12]
Classification | Rate per week |
|---|---|
| $ |
Level 1 | 655.30 |
Level 2 | 658.10 |
Level 3 | 669.80 |
Level 4 | 688.90 |
Level 5 | 719.90 |
Level 6 | 739.00 |
Level 7 | 743.80 |
Level 8 | 775.40 |
15.2 Clerical, administration and support stream
[15.2 varied by PR997950, PR509079, PR522910 ppc 01Jul12]
Classification | Rate per week |
|---|---|
| $ |
Level 1 | 676.70 |
Level 2 | 706.10 |
Level 3 | 745.80 |
Level 4 | 783.10 |
Level 5 | 815.00 |
Level 6 | 847.00 |
Level 7 | 878.90 |
Level 8 | 910.80 |
15.3 Maintenance and engineering stream
[15.3 varied by PR997950, PR509079, PR522910 ppc 01Jul12]
Classification | Rate per week |
|---|---|
| $ |
Trades assistant | 606.40 |
706.10 | |
Licensed Aircraft Maintenance Engineer - Grade 1 | 753.70 |
Licensed Aircraft Maintenance Engineer - Grade 2 | 788.40 |
Licensed Aircraft Maintenance Engineer - Grade 3 | 826.10 |
15.4 Storepersons and logistics stream
[15.4 varied by PR997950, PR509079, PR522910 ppc 01Jul12]
Classification | Rate per week |
|---|---|
| $ |
Level 1 | 644.60 |
Level 2 | 659.40 |
Level 3 | 676.50 |
Level 4 | 698.00 |
Level 5 | 723.40 |
The minimum weekly wages for apprentices will be a percentage of the ordinary weekly wage rate prescribed in clause 15.3 for an Aircraft Maintenance Engineer:
Year | Percentage of rate |
|---|---|
| % |
First year | 42 |
Second year | 55 |
Third year | 75 |
Fourth year | 88 |
17.1 Clerical, administration and support stream
Junior employees engaged in classifications in the clerical, administration and support stream will be paid the following percentage of the appropriate wage rate in clause 15.2:
Age | Percentage of adult minimum wage rate |
|---|---|
| % |
16 years and under | 50 |
17 years | 55 |
18 years | 65 |
19 years | 75 |
20 years | 90 |
17.2 Maintenance and engineering stream
Junior employees engaged in classifications in the maintenance and engineering stream will be paid the following percentage of the adult trades assistant rate in clause 15.3:
Age | Percentage of adult trades assistant rate |
|---|---|
| % |
17 years and under | 55 |
18 years | 85 |
19 years | 93 |
20 years | 100 |
17.3 Storepersons and logistics stream
Junior employees engaged in classifications in the storepersons and logistics stream will be paid the following percentage of the appropriate wage rate in clause 15.4:
Age | Percentage of adult minimum wage rate |
|---|---|
| % |
17 years and under | 55 |
18 years | 85 |
19 years | 93 |
20 years | 100 |
[Varied by PR991555]
See Schedule C
[Varied by PR991555]
See Schedule D
[New clause 20 inserted by PR514012 ppc 01Jan10 (see exemption in PR514012)]
20.1 See Schedule E
20.2 Whereas Schedule E was inserted on 15 July 2011 but with effect from 1 January 2010, clause 20 and Schedule E do not take effect so as to require any employee engaged as a trainee to repay any wages paid in respect of the period 1 January 2010 to 15 July 2011 because the amount of the employee's legal entitlement to wages and wage related payments in that period was greater than the employee's entitlement to wages and wage related payments under Schedule E.
[Varied by PR994424, PR998174, PR523031]
[20 renumbered as 21 by PR514012 ppc 01Jan10]
21.1 Employees will, in addition to the employee's classification rate of pay, be paid the allowances set out in this clause but such allowances will not be taken into account in the calculation of any other penalty rate prescribed by this award.
21.2 General allowances
The following allowances apply in respect of all classifications under the award:
· Clause 21.5 - Aviation Security Identification Card
· Clause 21.6 - Coffin allowance
· Clause 21.7 - Disability allowance
· Clause 21.8 - First aid allowance
· Clause 21.9 - Nightsoil allowance
· Clause 21.10 - Travelling time and board allowance
· Clause 21.11 - Change in place of employment
· Clause 21.12 - Private motor vehicle allowance
· Clause 21.13(a) - Uniform and protective clothing allowance
· Clause 21.14 - Foreign language allowance
21.3 Aviation transport workers allowances
The following allowances apply to those employees classified in accordance with clause 15.1 - Aviation transport workers stream:
· Clause 21.13(b) - Uniform and protective clothing allowance
· Clause 21.15 - Money collection
· Clause 21.16 - Transport workers stream - leading hand allowance
21.4 Maintenance and engineering stream allowances
The following allowances apply to those employees classified in accordance with clause 15.3 - Maintenance and engineering stream:
· Clause 21.17 - Relief duty and engineering school
· Clause 21.18 - Permanent transfers
· Clause 21.19 - Special rates
· Clause 21.20 - Tool allowance
· Clause 21.21 - Licensed aircraft engineers - licence payments
· Clause 21.22 - Maintenance and engineering stream - leading hand allowance
21.5 Aviation Security Identification Card
Where an employee is required by law to obtain an Aviation Security Identification Card (ASIC) to access any Australian airport facilities to perform their work, the cost of the application fee and other fees required by legislation will be reimbursed by the employer. The employer is not, however required to reimburse any costs incurred prior to the person becoming an employee of the employer.
If an employee is required to handle coffins containing human remains, the employee must be paid 0.37% of the standard rate per coffin.
(a) If significant disabilities occur for a period of two weeks or more because of construction, reconstruction, alteration, major repair or other like work at or in the immediate vicinity of the premises in which the employees are required to work, employees will be paid the following allowances from the date of the application:
(i) if the construction work involves excessive fumes, noise and dust through construction vehicles, drilling, electric saws and jack hammering, form work and concrete pours - 0.12% of the standard rate per hour; and
(ii) if the construction work involves noise and dust to a limited degree due to alterations and/or the removal or installation of plant and machinery and a marked reduction in work space - 0.066% of the standard rate per hour.
(b) The date of effect for the allowance will be from the date of the claim subject to substantiating the existence of the disability.
If an employee is appointed by their employer to perform first aid duty and holds a current first aid qualification from St John Ambulance or a similar body, the employee is entitled to 1.68% of the standard rate per week.
If an employee is required to handle or dispose of nightsoil or clean aircraft toilets and/or containers used for animals during the course of a normal shift or a second shift, the employee must be paid 0.64% of the standard rate on each shift.
21.10 Travelling time and board allowance
(a) Where an employee is required by the employer to travel for duty away from home base, the following provisions will apply:
(i) where an employee is required to be away overnight the employee will be provided with full board and accommodation or paid a reasonable allowance to cover the cost incurred for board and lodging;
(ii) the employer will reimburse the employee for travel or pay the cost of travel; and
(iii) the employer will pay expenses or reimburse the employee for reasonable actual expenses incurred while away from home base.
(b) If employees are required to work away from their usual place of employment, with the exception of where the employee has been directed to attend training, they must be paid the following rates for all time reasonably spent by them in excess of the time they usually spend travelling to or from their home to the place of employment:
Day | Rate |
|---|---|
Sundays and public holidays | Time and a half up to maximum of 12 out of every 24 hours or 8 out of every 24 hours where a sleeping birth or air travel is provided |
All other days | Ordinary rate is up to a maximum of 12 out of every 24 hours or 8 out of every 24 hours where a sleeping birth or air travel is provided |
[20.10(c) varied by PR998174, PR523031 ppc 01Jul12]
(c) If an employee is engaged in a capital city to work in the country or another State or Territory, or sent from one country centre to work in another country centre, the employee is entitled to travelling time and, for a period not exceeding three months, to reimbursement of all reasonable expenses. If employees are required to remain away from their home overnight, reasonable expenses include the cost of board and lodging or, instead, a minimum payment of $106.51 per day will be paid by the employer.
21.11 Change in place of employment
If an employee is required to work at a place other than their regular place of employment, the employer must pay the employee any additional fares incurred or provide the employee with transport.
21.12 Private motor vehicle allowance
[20.12 varied by PR523031 ppc 01Jul12]
An employee who reaches agreement with their employer to use their own motor vehicle on the employer's business, must be paid an allowance of $0.75 per kilometre.
21.13 Uniform and protective clothing allowance
(a) Where an employee is required to wear a uniform, protective clothing or equipment, the employer must reimburse the employee for the reasonable costs of obtaining the uniform, clothing or equipment unless the employer provides the employee with these items.
(b) Where an employee is required to launder a uniform, the employee is entitled to $4.92 per week. The provisions of this clause will not apply where the employer pays for the cost of laundering clothing.
21.14 Foreign language allowance
If an employee is required to work in an international terminal and is required by the employer to speak a foreign language the employee will be paid as follows:
Foreign languages | Percentage of the standard rate per week |
|---|---|
| % |
One language | 0.66 |
Two languages | 0.99 |
Three or more languages | 1.29 |
If an employee collects money, the employee must be paid, for any amount handled:
Amount handled | Percentage of the standard rate per week |
|---|---|
| % |
Less than $200 | 0.60 |
$200 and less than $1000 | 1.20 |
$1000 and less than $5000 | 1.61 |
$5000 and over | 1.87 |
21.16 Transport workers stream - leading hand allowance
Where an employee at Level 2 is responsible for the control, supervision and training of designated staff, an allowance of 3% of the standard rate will be paid.
21.17 Relief duty and engineering school
(a) Relief duty
Where an employee receives less than two days' notice to take up relief duty away from the employee's home base, time spent travelling will be paid for at the appropriate penalty rate. Where an employee receives two or more days' notice, payment will be made as provided in clause 21.10.
(b) Engineering school
(i) Where an employee is required by the employer to travel to or from engineering school, time spent travelling on rostered days off, Saturdays, Sundays or public holidays will be paid for at the appropriate penalty rate for a minimum of four hours.
(ii) For the purposes of this award, time spent travelling will not be included in the employee's 10 hour break between periods of duty.
[20.18(a) varied by PR994424 from 01Jan10]
(a) An employee on permanent transfer will be entitled to receive payment from the employer for all reasonable expenses incurred by the removal of themself, their spouse or de facto partner and dependants, their furniture, possessions and personal effects from one home base to another home base as approved by the employer in advance.
(b) For the purposes of this clause, a base will be regarded as a home base if the employee is transferred there for a period which exceeds 180 days. A transfer to a base other than a home base expressed to be for a period less than 180 days will become a transfer to another home base if the employee is notified in writing during the course of that period that the transfer will extend for a period beyond 180 days. In such cases temporary reimbursement will cease and the provisions of clause 21.18(a) will become applicable.
(c) When special circumstances arise, employees may be allowed additional expenses subject to agreement in writing prior to transfer.
(d) Clause 21.18 applies only when the transfer is directed by the employer.
Subject to clauses 21.19(a) and (b), the following special rates must be paid to an employee including an apprentice and a junior:
(a) Special rates not cumulative
(i) Where more than one of the disabilities set out in clause 21.19 entitles an employee to extra rates, the employer must pay only one rate, namely the highest rate for the applicable disabilities.
(ii) Clause 21.19(a)(i) does not apply in relation to cold places, hot places, wet places, confined spaces, or dirty work, the rates for which are cumulative.
(b) Special rates are not subject to penalty additions
The special rates in clause 21.19 must be paid irrespective of the times at which the work is performed, and are not subject to any premium or penalty additions.
[20.19(c) varied by PR994424 from 01Jan10]
An employee who works for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius must be paid 0.074% of the standard rate per hour extra. In addition, where the work continues for more than two hours, the employee is entitled to 20 minutes rest after every two hours' work without loss of pay.
(d) Hot places
(i) An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means must be paid:
Temperature | |
|---|---|
Between 46 and 54 degrees Celsius | 0.076% |
In excess of 54 degrees Celsius | 0.1% |
(ii) In addition, where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, the employee is entitled to 20 minutes rest after every two hours work without loss of pay.
(iii) The temperature is to be determined by the supervisor after consultation with the employee who claims the extra rate.
(e) Wet places
(i) An employee working in any place where their clothing or boots become saturated by water, oil or another substance, must be paid 0.076% of the standard rate per hour extra. Any employee who becomes entitled to this extra rate must be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots.
(ii) This clause does not apply to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.
(f) Confined spaces
An employee working in a confined space must be paid 0.076% of the standard rate per hour extra.
(g) Dirty work
(i) Where an employee and their supervisor agree that work is of an unusually dirty or offensive nature, the employee must be paid 0.1% of the standard rate per hour extra.
(ii) Employees engaged on such work will be entitled to shower and change during normal working time.
(h) Fuel tanks
Employees who are required to perform work inside fuel tanks of an aircraft must be paid 0.12% of the standard rate per hour extra.
(i) Fibre glass
Employees handling fibre glass materials or material of a like nature, when so employed must be paid 0.08% of the standard rate per hour extra.
[20.20(a) varied by PR998174 ppc 01Jul10]
(a) A tradesperson will be paid an allowance of $14.69 per week for supplying and maintaining tools ordinarily required in the performance of the employee's work as a tradesperson. The allowance will be paid for all purposes of the award.
(b) This allowance will apply to apprentices on the same percentage basis as set out in clause 16 - Apprentice minimum wages.
(c) Where it is the practice for the employer to provide all tools ordinarily required by a tradesperson or an apprentice in the performance of the employee's work, the employer may continue that practice and in that event the allowance prescribed in clause 21.20(a) will not apply to such tradespersons or apprentices.
(d) A tradesperson or apprentice will replace or pay for any tools supplied by the employer if lost through the employee's negligence.
21.21 Licensed aircraft engineers - licence payments
(a) For each specific type or group rating held by a Licensed Aircraft Maintenance Engineer on aircraft which are operated or maintained by the employer, additional payments per week will be made in accordance with the following tables:
(i) Airframe category
Group | 1 | 2 | 3 | 4 | 5 |
% of standard rate | 1.92 | 1.92 | 1.30 | 1.30 | 1.92 |
Group | 6 | 7 | 10 | 19 | 20 |
% of standard rate | 0.65 | 1.30 | 3.97 | 2.57 | 1.96 each aircraft type |
(ii) Engine category
Group | 1 | 2 | 3 | 21 | 22 |
% of standard rate | 2.57 | 2.57 | 2.57 | 6.23 | 6.23 |
(A) First endorsement in group 21 or 22 = 6.23 | |||||
(B) Each additional endorsement = 1.96 | |||||
(iii) Electrical category
Group | 1 | 2 | 20 |
% of standard rate | 2.56 | 3.75 | 6.23 first endorsement |
|
|
| 1.96 each additional endorsement |
(iv) Instrument category
Group | 1 | 3 | 5 | 7 | 8 | 9 | 10 | 20 |
% of standard rate | 1.92 | 1.32 | 2.02 | 2.02 | 0.67 | 1.30 | 6.23 (rotor craft) | 1.96 each endorsement |
Note 1: Each additional type group 20 = 1.96%
Note 2: Where helicopters only are operated group 7 = 6.23%
Plus 1.96% for each additional type (group 19)
(v) Radio systems category
Group | 1 | 2 | 3 | 4 | 5 | 6 |
% of the standard rate | 1.65 | 1.65 | 1.61 | 1.61 | 1.61 | 1.14 |
Group | 7 | 8 | 9 | 10 | 11 |
|
% of the standard rate | 1.14 | 1.14 | 1.14 | 1.14 | 1.14 |
|
(b) Licence payment (multi-categories)
For each second and subsequent category in which a Licensed Aircraft Maintenance Engineer is licensed on aircraft which are operated or maintained by the employer, an additional 1.32% of the standard rate per week will be paid.
(c) Licence payments (limitation)
The aggregate of all additional payments in clauses 21.21(a) and (b) will not exceed 29.03% of the standard rate per week.
(d) Non-reduction
Where an aircraft ceases to be operated or maintained by an employer, a Licensed Aircraft Maintenance Engineer holding a rating on that aircraft only, will continue to be paid the employee's base rate of pay and the employee's licence payment. Such base rate and licence payment are offset against all future wage increases until overtaken by the rate for an Aircraft Maintenance Engineer with equivalent service.
(e) Additional rates of pay for Licensed Aircraft Maintenance Engineers
For each appointment, authority or approval held by an employee and which the employee is required to use, the following additional payments will be made:
(i) An employee exercising the privileges of a weight control authority under CAO 100.28 - 7.17% of the standard rate per week;
(ii) An employee exercising the privileges as an appointment signatory under CAO 104.1.3.2 - 2.55% of the standard rate per week;
(iii) An employee exercising the privileges of a maintenance authorisation under CAO 100.24 as per clause 21.21(a) for specific type ratings in engine or airframe category, or 50% of the appropriate group rating in electrical, instrument or radio categories. This payment will be made for no longer than six months;
(iv) An employee exercising the privileges of a non-destructive testing authorisation under CAO 100.27 - 1.38% of the standard rate per week for each specified method of testing. The sum of such payments will not exceed 3.46% of the standard rate per week;
(v) An employee exercising the privileges of a welding authority under CAO 100.25 - 3.46% of the standard rate per week;
(vi) An employee exercising the privileges of a taxiing approval - 1.38% of the standard rate per week; or
(vii) An employee in control of an engine overhaul test facility - 0.71% of the standard rate per day or part of a day.
21.22 Maintenance and engineering stream - leading hand allowance
An employee appointed by the employer as a leading hand will be paid an additional 5.34% of the standard rate per week.
21.23 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.
[20.23(b) varied by PR994424, PR998174 ppc 01Jul10; PR523031 ppc 01Jul12]
(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:
Allowance | Applicable Consumer Price Index figure |
|---|---|
Board and lodging allowance | Domestic holiday travel and accommodation sub-group |
Private motor vehicle allowance | Private motoring sub-group |
Uniform and protective clothing allowance | Clothing and footwear group |
Tool allowance | Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
Meal allowance | Take away and fast foods sub-group |
[21 renumbered as 22 by PR514012 ppc 01Jan10]
[Varied by PR994424]
22.1 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):
[21.1(a) substituted by PR994424 from 01Jan10]
(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.
22.2 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):
[21.2(a) substituted by PR994424 from 01Jan10]
(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.
22.3 This clause ceases to operate on 31 December 2014.
[Varied by PR994424, PR503666]
[22 renumbered as 23 by PR514012 ppc 01Jan10]
[22.1 varied by PR994424; substituted by PR503666 ppc 01Jan11]
23.1 Subject to clause 23.2, 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.
[22.2 substituted by PR503666 ppc 01Jan11]
23.2 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.
23.3 This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.
23.4 This clause ceases to operate on 31 December 2014.
[Varied by PR998174]
[23 renumbered as 24 by PR514012 ppc 01Jan10]
24.1 Clause 24 applies only to Licensed Aircraft Maintenance Engineers
24.2 An employer who requires an employee to fly in any aircraft will indemnify/insure the employee against death or totally incapacitating injury which may arise from the use of that aircraft for not less than $45,000.
24.3 Such indemnity/insurance need not be provided by the employer where the employees will receive a benefit of not less than $45,000 in the event of death or totally incapacitating injury by way of insurance taken out by the aircraft or charter operators or by way of an employer-sponsored superannuation scheme.
[23.4 varied by PR998174, ppc 01Jul10]
24.4 No employee will be compelled to work on an aircraft during a bomb scare or hijack incident; provided however, an employee who volunteers to work during a bomb scare or hijack incident will be indemnified/insured by the employer to cover injury, disablement or death to a minimum of $172,856.
24.5 The amount payable under this clause will be additional to any amount an employee or the employee's next of kin may be entitled to receive under any workers compensation legislation or similar provisions.
[24 renumbered as 25 by PR514012 ppc 01Jan10]
25.1 If an employee is required to perform a higher class of work in any day or shift the employee must be paid for the whole day or shift at the higher rate of pay.
25.2 If an employee is required to perform a lower class of work for ordinary hours in any day or shift, the employee must be paid for the whole day or shift at the employee's normal rate of pay.
[25 renumbered as 26 by PR514012 ppc 01Jan10]
26.1 Wages must be paid weekly or fortnightly in arrears.
26.2 Wages may be paid other than by week or fortnight by agreement between the employer and the majority of employees affected.
[26 renumbered as 27 by PR514012 ppc 01Jan10]
27.1 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.
27.3 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 27.2.
(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 27.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 27.3(a) or (b) was made.
27.4 Superannuation fund
[26.4 varied by PR994424 from 01Jan10]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 27.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 27.2 and pay the amount authorised under clauses 27.3(a) or (b) to one of the following superannuation funds or its successor:
(a) AustralianSuper;
(b) Labour Union Cooperative Retirement Fund (LUCRF);
(c) TasPlan;
(d) Sunsuper; or
(e) 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.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 27.2 and pay the amount authorised under clauses 27.3(a) or (b):
(a) Paid leave - while the employee is on any paid leave;
(b) Work-related injury or illness - for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5 - Hours of Work and Related Matters
[27 renumbered as 28 by PR514012 ppc 01Jan10]
28.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
28.2 Ordinary hours of work - day work
(a) The ordinary hours of work are 38 per week but not exceeding 152 hours in 28 days.
(b) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday.
(c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 7.00 am and 6.00 pm. The spread of hours may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned.
(d) The employer and a majority of affected employees may agree to work additional ordinary hours up to a total of 40 average hours per week Monday to Friday with one regular rostered day off in each four week cycle.
(e) Any work performed outside the agreed spread of hours must be paid for at overtime rates.
(f) Notwithstanding the terms of clause 28.2(b) above, the days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.
(g) Where ordinary hours are worked on Saturdays and Sundays in accordance with clause 28.2(f) above, employees will receive the following loadings for all ordinary hours worked:
Shift type | Penalty rate |
|---|---|
Saturday | Time and a half |
Sunday | Double time |
28.3 Ordinary hours of work - shiftwork
(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(b) Subject to clause 28.3(c) the ordinary hours of shiftworkers are an average of 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.
(c) By agreement between the employer and the majority of the employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.
(d) Except at the regular change-over of shifts, an employee must not be required to work more than one shift in each 24 hours.
(e) The employer and a majority of affected employees may agree to arrange shifts which require up to an average of 40 hours per week with one regular rostered day off in each four week cycle.
28.4 Method of arranging ordinary hours
(a) Subject to the employer's right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 28.2(c) and the employer's right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.
(b) The matters on which agreement may be reached include:
(i) how the hours are to be averaged within a work cycle established in accordance with clauses 28.2 and 28.3;
(ii) the duration of the work cycle for day workers provided that such duration does not exceed three months;
(iii) rosters which specify the starting and finishing times of working hours;
(iv) a period of notice of a rostered day off which is less than four weeks;
(v) substitution of rostered days off;
(vi) accumulation of rostered days off; and
(vii) arrangements which allow for flexibility in relation to the taking of rostered days off.
(c) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:
(i) proper health monitoring procedures being introduced;
(ii) suitable roster arrangements being made;
(iii) proper supervision being provided;
(iv) adequate breaks being provided; and
(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.
(a) An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award.
(b) An employee on shiftwork may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the rate which would have been applicable to the hours taken off.
[Varied by PR998174, PR509201, PR523031]
[28 renumbered as 29 by PR514012 ppc 01Jan10]
(a) Employees on day work must receive an unpaid meal break of between 30 minutes and one hour.
(b) An employee must not be required to work for more than five hours (or, by agreement, six hours) without a meal break. If a meal break is not so allowed, all time worked after the commencement time of the regular meal break until the meal break is allowed must be paid for at overtime rates. An employer and employees may agree to stagger meal breaks to meet the operational requirements instead of this provision.
(a) Continuous shiftworkers must be allowed a meal break of at least 20 minutes per shift to be counted as time worked.
(b) Non-continuous shiftworkers must be allowed an unpaid meal break of between 30 minutes and one hour.
(c) The meal break must be allowed no later than five hours (or, by agreement, six hours) after commencing an ordinary shift. If a meal break is not so allowed, all time worked after the commencement time of the regular meal break until the meal break is allowed must be paid for at overtime rates. An employer and employees may agree to stagger meal breaks to meet the operational requirements instead of this provision.
29.3 Crib breaks
A continuous shiftworker must be given a rest break of not more than 10 minutes each shift counted as time worked. This clause does not apply to a part-time shiftworker who works less than full-time hours on a shift.
29.4 Meal breaks - overtime
(a) If an employee is required for overtime duty in excess of one hour before the normal starting time or in excess of one hour after the usual finishing time the employee must be given a meal break of 20 minutes paid at the appropriate overtime rate of pay
(b) Where an employee is required to work a further four hours overtime or subsequent four-hour periods, the employee will be granted a further meal break of 30 minutes at the completion of each such four hours of overtime worked, to be paid at the appropriate overtime rate of pay.
[28.4(c) varied by PR998174, PR509201, PR523031 ppc 01Jul12]
(c) The employee must be paid a meal allowance of $12.58 or provided with a suitable meal for each rest break to which they are entitled under clauses 29.4(a) and (b).
(d) These meal breaks must not to be used in the calculation of overtime hours.
[28.4(e) varied by PR998174, PR509201, PR523031 ppc 01Jul12]
(e) If an employee who is working on a recall or on a rostered day off performs four or more hours of actual work, the employee must be provided with a suitable meal by the employer or paid a meal allowance of $12.58 and granted a meal break of 20 minutes paid at the appropriate overtime rate of pay. This applies for each four hour period worked.
30. Special provisions for shiftworkers
[Varied by PR514012]
[29 renumbered as 30 by PR514012ppc 01Jan10]
30.1 For the purposes of this award:
(a) rostered shift means any shift of which the employee concerned has had at least 48 hours' notice;
(b) change of roster means a change from one roster pattern which prescribes the total number of shifts worked over the complete cycle of the roster to another roster pattern; and
(c) change of shift means the transfer of an employee from a shift in the roster pattern to another shift in the same roster pattern.
(a) Shiftwork rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.
(b) Employees must be given at least seven days' notice of any change to their shiftwork rosters unless the roster is varied by agreement between the employer and the majority of employees in the area concerned or between an employer and an individual employee concerned.
(c) Where an employee is required to change their shift, the employee must be given at least two days' notice of the change. If this notice is not given, the shiftworker must be paid for the shifts worked during the two day period at the rate of double time.
For all shifts worked between midnight Sunday to midnight Friday the following loadings must be paid in addition to ordinary rates:
Shift type |
| Loading |
|---|---|---|
Early morning shift | Commencing no earlier than 4.00 am but prior to 7.00 am | 15% |
Afternoon shift | Finishing after 6.00 pm and at or before midnight | 15% |
Night shift | Finishing after midnight and at or before 8.00 am | 22.5% |
Night shift | Commencing after midnight and before 4.00 am | 22.5% |
If, during a period of engagement, a shiftworker:
(a) works night shift only; or
(b) remains on night shift for more than four consecutive weeks; or
(c) works on a night shift which does not rotate with another shift or with day work so that the shiftworker does not have at least one third of their working time off night shift in each roster cycle,
the shiftworker must be paid at the rate of single time plus 30% for all time worked during ordinary working hours on night shifts worked Monday to Friday.
30.5 Continuous afternoon and night shifts
Shiftworkers who work on any afternoon shift or night shift which does not continue for at least five consecutive afternoons or nights (including Saturdays and Sundays), must be paid at the rate of time and a half for all such shifts worked.
(a) If a shiftworker in any roster week is required to work three shifts that commence at times that are greater than 30 minutes apart they must be paid an allowance of 0.52% of the standard rate.
[30.6(b) varied by PR514012 ppc 01Jan10]
(b) If a shiftworker in any rostered week is required to work three or more shifts, and there are greater than three rostered starting times with a difference in excess of 30 minutes, they must be paid a further allowance of 0.55% of the standard rate for each such starting time in excess of three.
[30.6(c) inserted by PR514012 ppc 01Jan10 (see exemption in PR514012)]
(c) Whereas clause 30.6(b) was varied on 15 July 2011 but with effect from 1 January 2010, clause 30.6(b) does not take effect so as to require any employee who was paid a multiple shift allowance of more than 0.55% of the standard rate to repay any multiple shift allowance paid in respect of the period 1 January 2010 to 15 July 2011 because the amount of the employee's legal entitlement to the allowance in that period was greater than the employee's entitlement to an allowance of 0.55% of the standard rate.
30.7 Shift penalty rates - weekends and public holidays
(a) Shiftworkers must be paid the following penalty rates for work on weekends and public holidays:
Shift type | Penalty rate |
|---|---|
Saturday | Time and a half |
Sunday | Double time |
Public holidays (except Christmas Day and Good Friday) | Double time |
Christmas Day and Good Friday | Double time and a half |
(b) The rates in this clause are in substitution for and not cumulative upon the shift premiums prescribed in clauses 30.3, 30.4, 30.5 and 30.6.
[30 renumbered as 31 by PR514012 ppc 01Jan10]
Where by reason of State or Territory legislation there is a movement in time for reason of daylight saving having commenced, or concluded, an employee is to be paid for the number of hours that they have actually worked, by reference to the ordinary measurement of hours and minutes and not by reference to any clock that has changed during the duration of the employee's shift by reason of State or Territory legislation.
[Varied by PR994424]
[31 renumbered as 32 by PR514012 ppc 01Jan10]
32.1 Payment for working overtime
(a) All work done outside ordinary hours on any day or shift (except where the time is worked by arrangement between the employees themselves) must be paid at time and a half for the first two hours and double time thereafter until the completion of the overtime work. For a continuous shiftworker the rate for working overtime is double time.
(b) For the purposes of this clause, ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 28.2(c).
(c) The hourly rate, when computing overtime, is determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.
(d) An employee may elect, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed with the employer, provided that:
(i) overtime taken as time off during ordinary hours must be taken at the ordinary time rate, that is an hour for each hour worked; and
(ii) an employer must, if requested by an employee, provide payment, at the rate provided for the payment of overtime in this award, for any overtime worked which has not been taken as time off instead of payment for overtime within four weeks of accrual.
(e) In computing overtime each day's work stands alone.
32.2 Rest period after overtime
(a) An employee who has worked overtime must be given a break of at least 10 consecutive hours between the time of finishing work and the time when the employee next commences ordinary work. An employer and an individual employee may agree to reduce this break to eight hours. An employee must not lose ordinary pay for any time lost by reason of this break.
(b) If an employee is required by the employer to resume or continue work without having a break of 10 consecutive hours, the employee must be paid at double time until the employee is released from duty. The employee is then entitled to a break of 10 consecutive hours and must not lose pay for ordinary working time occurring during such absence.
(c) For the purposes of this clause, overtime does not include overtime worked when an employee is recalled to work in accordance with clause 32.3 and the actual time worked on the recall is less than three hours.
(a) If an employee is recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) the employee must be paid for a minimum of four hours. This subclause does not apply if:
(i) it is customary for employees to return to their employer's premises to perform a specific job outside their ordinary hours; or
(ii) the overtime is continuous (subject to a meal break) with the completion or commencement of ordinary time.
(b) In the event of cancellation or postponement of such recall when employees report to their place of duty they will be paid for four hours for each such time they are recalled even if they are not required to work.
[31.4(a) varied by PR994424 from 01Jan10]
(a) Clause 32.4 applies only to employees in one of the classifications in clause 15.3 - Maintenance and engineering stream.
(b) Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold themselves in readiness to work after ordinary hours, the employee must be paid standing by time at the employee's ordinary time rate for the time they are standing by.
32.5 Transport of employees after overtime
When an employee, after having worked overtime or a shift for which they have not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer must provide the employee with a conveyance home, or pay the employee at the overtime rate for the time reasonably occupied in reaching home.
[32 renumbered as 33 by PR514012 ppc 01Jan10]
33.1 An employee who is required to work on a Sunday must be paid for a minimum of four hours.
33.2 For day workers, all time worked on a Sunday will be paid at double time.
Part 6 - Leave and Public Holidays
[33 renumbered as 34 by PR514012 ppc 01Jan10]
34.1 Annual leave is provided for in the NES.
34.2 The employer may allow annual leave to an employee before the right thereto has fully accrued, but where the leave is so taken a further period of annual leave will not commence until the expiration of the 12 months' service in respect of which annual leave was taken.
34.3 Where annual leave has been granted to an employee pursuant to this subclause before the right thereto has accrued, and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months' continuous service in respect of which leave was granted, the employer may deduct the cash equivalent of the unearned leave which amount will not include any sums paid for any of the holidays prescribed by clause 37 - Public holidays.
34.4 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for seven days a week.
34.5 Annual leave loading
(a) Each employee before going on leave must be paid:
(i) in the case of day workers, the employee's ordinary rate of pay for the period of annual leave plus a holiday loading of 17.5%.
(ii) in the case of shiftworkers:
· the amount which the employee would have received had the employee worked their actual roster during the period of leave, excluding overtime and public holiday penalty payments; or
· the employee's ordinary time rate of pay for the ordinary hours the employee would have worked on the roster plus a loading of 17.5%, whichever is the greater.
(b) Annual leave loading will not be paid on termination.
34.6 Requirement to take leave notwithstanding terms of the NES
An employer may require an employee to take annual leave by giving at least four weeks notice where more than eight weeks leave is accrued.
34.7 An employer may apply a system of annual close-down with respect to all or the bulk of employees in a plant or section thereof in which case at least three months' notice will be given.
35. Personal/carer's leave and compassionate leave
[34 renumbered as 35 by PR514012 ppc 01Jan10]
35.1 Personal/carer's leave and compassionate leave are provided for in the NES.
35.2 Evidence supporting claim
(a) When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
[35 renumbered as 36 by PR514012 ppc 01Jan10]
Community service leave is provided for in the NES.
[36 renumbered as 37 by PR514012 ppc 01Jan10]
37.1 Public holidays are provided for in the NES.
37.2 Payment for working on a public holiday
(a) Day workers working on a public holiday or a substituted day must be paid at the rate of:
(i) double time except Christmas Day and Good Friday; or
(ii) double time and a half on Christmas Day and Good Friday.
(b) An employee required to work on a public holiday is entitled to not less than four hours pay at penalty rates provided the employee is available to work for four hours.
(c) A shiftworker who works on a public holiday is entitled to penalty rates in accordance with clause 30.7.
37.3 Public holidays which fall on a weekend
(a) Where Christmas Day falls on a Saturday or a Sunday, 27 December is observed as the public holiday instead of the prescribed day.
(b) Where Boxing Day falls on a Saturday or a Sunday, 28 December is observed as the public holiday instead of the prescribed day.
(c) Where New Year's Day or Australia Day falls on a Saturday or a Sunday, the following Monday is observed as the public holiday instead of the prescribed day.
37.4 Substitution of certain public holidays by agreement at the enterprise
(a) 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.
(b) An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the enterprise or part of the enterprise concerned.
(c) Where both a public holiday and substitute day are worked, public holiday penalties are payable on one of those days at the election of the employee.
37.5 Rostered day off falling on public holiday
(a) Except as provided for in clauses 37.5(b) and (c), and where the rostered day off falls on a Saturday or a Sunday, where a full-time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:
(i) 7.6 hours of pay at the ordinary time rate; or
(ii) 7.6 hours of extra annual leave; or
(iii) a substitute day off on an alternative week day.
(b) Where an employee has credited time accumulated pursuant to clauses 28.2(d) and 28.3(e), then such credited time should not be taken as a day off on a public holiday.
(c) If an employee is rostered to take credited time accumulated pursuant to clauses 28.2(d) and 28.3(e), as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.
(d) Clauses 37.5(b) and (c) do not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours as clause 37.5(a) applies to such days off.
37.6 Rest period after work on a public holiday
An employee, other than a casual employee, who works on a public holiday must be given a break of at least 10 consecutive hours between the time of finishing work and the time when the employee next commences work. An employee must not lose pay for any ordinary time lost by reason of this break.
Schedule A - Transitional Provisions
[Varied by PR991555, PR503666]
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 PR503666 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 Definitions
[Varied by PR991555]
B.1 Aviation transport workers stream
B.1.1 Level 1 - Trainee Airlines Services Operator
· Entrance level for all new employees.
· Six months on-the-job training and induction.
· Work in all areas up to and including Level 2 and 3 duties.
· Employees are required to hold a current State driver's licence, and where required, DLI licence.
Minimum standards include:
· company induction
· attendance and punctuality
· defensive driving techniques
· dangerous goods awareness
· consistency and quality of work
· acceptable attitude
· work performance
· ability to work safely, adherence to safe work practices
· three letter port codes
· operation of basic communication and computer aids; and
· acceptable reading and writing skills
An employee must meet and maintain all minimum standards prior to progressing to another level.
B.1.2 Level 2 - Airlines Services Operator
· All functions associated with cleaning, preparation, packaging of catering equipment, aircraft stores and amenities kits
· General cleaning duties including aircraft and cabin presentation
· Baggage and freight function (non-aircraft AAF only)
· Operation of basic communication and computer aids
B.1.3 Level 3 - Airlines Services Operator
· Hands-on activities in all areas of work including that which is both directly and indirectly associated with aircraft handling, and/or AAF PUD drivers
· Operate equipment and vehicles including tow motors, small vans, tarmac buses, mobile steps, belts, non-tarmac fork-lift and equipment requiring similar operational skills associated with ramp, cargo, freight, catering, aircraft servicing and general transport operations
· Carry out basic serviceability and maintenance checks of vehicles and/or equipment, including refuelling of vehicles
· Operate basic communication and computer aids
B.1.4 Level 4 - Airlines Services Operator
· Operate all inhold aircraft systems and all ground handling and commercial type airport equipment
· Ground handling equipment means all equipment associated with ramp, freight/cargo, catering, aircraft servicing and general transport operations
· Operate communication and computer aids
· Compile reports and documents
· Work without direct supervision
· Carry out basic serviceability and maintenance checks of vehicles and/or equipment, including refuelling of vehicles
B.1.5 Level 5 - Airlines Services Co-ordinator
· Responsible for a group of staff in a work area
· Ensure that productivity and performance criteria are met in the designated area of responsibility, including completion of regular performance assessment reports
· Responsible for the control, supervision and training of designated staff
· Make recommendations on all aspects of the operation, identification of opportunities to improve performance and productivity
· Organise and co-ordinate work within their area of responsibility
· Carry out various administrative and reporting duties, including the operation of communication and computer aids
· Form part of the assessment panel for probationary employees
· Must demonstrate leadership, decision making and organisational skills necessary to efficiently meet performance requirements in a changing work environment
B.1.6 Level 6 - Senior Airlines Services Co-ordinator
· Responsible for a number of groups of staff
· Otherwise as per Level 5
B.1.7 Level 7 - Senior Airlines Services Co-ordinator
· Responsible for the loading and unloading of aircraft, which include:
· securing all loaded items
· checking all safety locks and/or other safety devices
· locking aircraft cargo doors
· Sign appropriate documentation certifying that the aircraft has been loaded in accordance with above requirements
B.1.8 Level 8 - Senior Airlines Services Co-ordinator
· Report to responsible manager/supervisor
· Accept significant operational responsibility and/or manpower control in excess of Level 7 employees; and/or
· Responsible for the development, implementation and co-ordination of State/Network Training Programmes
B.2 Clerical, administrative and support stream
The classification criteria in this schedule provides guidelines to determine the appropriate classification level of persons employed pursuant to this award. In determining the appropriate level, consideration must be given to both the characteristics and typical duties/skills. The characteristics are the primary guide to classification as they indicate the level of basic knowledge, comprehension of issues, problems and procedures required and the level of supervision or accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill, or many of them, depending on the particular work allocated.
The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform per se. It will be noted that some typical duties/skills appear in more than one level, however when assigning a classification to an employee this needs to be done by reference to the specific characteristics of the level. For example, whilst word processing and copy typing are first specifically mentioned at Level 2 in terms of typical duty/skill, it does not mean that as soon as an employee operates a word processor or typewriter they automatically become Level 2. They would achieve a Level 2 classification when they have achieved the level of skill and competency envisaged by the characteristics and the relevant indicative duty(ies)/skill(s) of a Level 2. Level 1 in this structure is to be viewed as the level at which employees learn and gain competence in the basic clerical skills required by the employer, which in most cases would lead to progression through the classification structure as their competency and skills increase and are utilised.
B.2.1 Level 1
(a) Characteristics
Employees at this level may include the initial recruit who may have limited relevant experience. Initially work is performed under close direction using established practices, procedures and instructions.
Such employees perform routine clerical and office functions requiring an understanding of clear, straightforward rules or procedures and may be required to operate certain office equipment. Problems can usually be solved by reference to established practices, procedures and instructions.
Employees at this level are responsible and accountable for their own work within established routines, methods and procedures and the less experienced employee's work may be subject to checking at all stages. The more experienced employee may be required to give assistance to less experienced employees in the same classification.
Level 1 is not intended as the entry point for all new employees to the enterprise but is the level where new employees with no industry experience can gain competency in the basic industry skills and skills required by the employer. At this level those basic industry skills are identified under Airline Industry.
(b) Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Customer service/administration
· Reception/switchboard, e.g. directing telephone callers to appropriate staff, issuing and receiving standard forms, relaying internal information and initial greeting of visitors.
· Identifying key functions and personnel
· Providing information from own function area
· Maintaining basic records
· Filing, collating, photocopying, etc.
· Handling or distributing mail including messenger service
(ii) IT Skills
· Operating keyboard and other allied equipment in order to achieve competency as prescribed in Level 2.
(iii) Business/financial
· Recording, matching, checking and batching of accounts, invoices, orders, store requisitions, etc.
· Carrying out simple banking activities
(iv) Airline Industry
· Knowledge of company structure, products and customers
· Providing assistance after identifying passenger needs
· Maintaining security of information
· Applying lounge access policy and greeting passengers at reception
· Assisting with international arrivals and departures
· Identifying customer/passenger profiles
B.2.2 Level 2
(a) Characteristics
This level caters for the employees who have had sufficient experience and/or training to enable them to carry out their assigned duties under general direction.
Employees at this level are responsible and accountable for their own work which is performed within established guidelines. In some situations detailed instructions may be necessary. This may require the employee to exercise limited judgment and initiative within the range of their skills and knowledge.
The work of these employees may be subject to final checking and as required progress checking. Such employees may be required to check the work and/or provide guidance to other employees at a lower level and/or provide assistance to less experienced employees at the same level.
(b) Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Customer service/administration
· Reception/switchboard duties as in Level 1 and in addition responding to enquiries as appropriate, consistent with the acquired knowledge of the employer's operations and services, and/or where presentation, and use of interpersonal skills are a key aspect of the position
· Handling enquiries, complaints and problems and following up when appropriate
· Converting telephone customer enquiries to sales for revenue by suggesting appropriate predefined alternatives to maximise selling opportunities
· Operating computerised radio/telephone equipment, micro personal computer, printing devices attached to personal computer, dictaphone equipment, typewriter
· Stenographer/person solely employed to take shorthand and to transcribe by means of appropriate keyboard equipment
(ii) IT Skills
· Word processing, e.g. the use of a word processing software package to create, format, edit, correct, print and save text documents, e.g. standard correspondence and business documents
· Computer application involving use of a software package which may include one or more of the following functions:
· creating new files and records
· spreadsheet/worksheet
· graphics
· accounting/payroll file
· following standard procedures and using existing models/fields of information
(iii) Business/financial
· Maintenance of records and/or journals including initial processing and recording relating to the following:
· reconciliation of accounts to balance
· incoming/outgoing cheques
· invoices
· debit/credit items
· payroll data
· petty cash imprest system
· letters etc.
(iv) Airline industry
· Check-in (including groups) - collecting ticket coupon, tagging baggage, issuing boarding passes, checking passports and visas, accepting and weighing bags, and collecting excess baggage charges where appropriate
· Performing appropriate cargo functions including the retrieval and checking of documentation from aircraft
· Reporting and tracing lost and damaged baggage and baggage that arrives without a passenger
· Performing functions as directed at customer service desk including flow forward, standby, upgrades, and implementing delay handling procedures under direct guidance
· Providing information on itineraries, fares and fare rules
· Utilising airline ticketing system to quote, issue and re-issue tickets as appropriate
B.2.3 Level 3
(a) Characteristics
Employees at this level have achieved a standard to be able to perform specialised or non-routine tasks or features of the work. Employees require only general guidance or direction and there is scope for the exercise of limited initiative, discretion and judgment in carrying out their assigned duties.
Such employees may be required to give assistance and/or guidance (including guidance in relation to quality of work and which may require some allocation of duties) to employees in Levels 1 and 2 and would be able to train such employees by means of personal instruction and demonstration.
(b) Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Customer service/administration
· Providing specialised advice and information on the employer's products and services; responding to client/public/supplier problems within own functional area utilising a high degree of interpersonal skills
· Identifying options for resolution and acting within defined parameters
· Conducting research as directed regarding customer trends
(ii) IT skills
* Applying one or more computer software packages developed for a micro personal computer or a central computer resource to either/or:
· create new files and records
· maintain computer based records management systems
· identify and extract information from internal and external sources
· use of advanced word processing/keyboard functions.
* NOTE: These typical duties/skills may be either at Level 3 or Level 4 dependent upon the characteristics of that particular Level.
(iii) Business/financial
· Preparing cash payment summaries, banking reports and bank statements; calculating and maintaining wage and salary records; following credit referral procedures; applying purchasing and inventory control requirements; posting journals to ledger
· Administering cash handling procedures
· Organising business itineraries/meetings and conferences
· Identifying and resolving discrepancies within operating guidelines
· Preparing and reconciling airline accounting documents including Agency Debit Memos, Agency Credit Memos and Ticketing Summary Report
(iv) Airline industry
· Booking and co-ordinating special cargo arrangements
· Responsible for securing the arrival, stowage and dispatch of valuable cargo
· Performing functions at customer service desk including flow forward, standby, upgrades, and implementing delay handling procedures with limited or no guidance
· Being able to construct and quote complex and/or non-automated fares and/or taxes and to issue all ticketing documentation including manual tickets as required
B.2.4 Level 4
(a) Characteristics
Employees at this level will have achieved a level of employer or industry specific knowledge sufficient for them to give advice and/or information to the employer and clients in relation to specific areas of their responsibility. They would require only limited guidance or direction and would normally report to more senior staff as required. Whilst not a prerequisite a principal feature of this level is supervision of employees in lower levels in terms of responsibility for the allocation of duties, co-ordinating work flow, checking progress, quality of work and resolving problems.
They exercise initiative, discretion and judgment at times in the performance of their duties.
They are able to train employees in Levels 1-3 by personal instruction and demonstration.
(b) Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Customer service/administration
· Implementing new/improved systems, as directed
· Maintaining professional relationships with customers
· Assisting in co-ordination of staffing resources at operational areas
· Handling sensitive enquiries with tact and discretion
· Resolving customer complaints
· Researching and collating data from various information sources
· Recognising trends in client requirements
· Determining problems and potential problems, identifying options for resolution and taking corrective action
(ii) IT skills
* Applying one or more computer software packages developed for a micro personal computer or a central computer resource to either/or:
· create new files and records
· maintain computer based management systems
· identify and extract information from internal and external sources
· use of advanced word processing/keyboard functions.
* NOTE: These typical duties/skills may be either at Level 3 or Level 4 dependent upon the characteristics of that particular Level.
(iii) Business/financial
· Being able to prepare financial/tax schedules, calculate costings and/or wage and salary requirements; complete personnel/payroll data for authorisation reconciliation of accounts to balance and appropriate internal and external follow-up where necessary
· Carrying out more complex bank reconciliation
· Follow-up on outstanding debts
· Advising on/provide information on one or more of the following:
· employment conditions
· workers compensation procedures and regulations
· superannuation entitlements, procedures and regulations
(iv) Airline industry
· Responsibility for weight and balance function (including production of load sheets) for single aircraft type/own airline requirements
· Initiating and organising delay handling procedures
B.2.5 Level 5
(a) Characteristics
Employees at this level are subject to broad guidance or direction and would report to more senior staff as required. Such employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field(s) of their expertise. A detailed understanding of work practices and procedures is required as is the application of well-developed negotiation skills.
They are responsible and accountable for their own work and may have delegated responsibility for the work under their control or supervision, including: scheduling workloads, resolving operations problems, monitoring the quality of work produced and counselling staff for performance and work related matters.
They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They would also be able to assist in the delivery of training courses. They would often exercise initiative, discretion and judgment in the performance of their duties.
The possession of relevant post-secondary qualifications may be appropriate but are not essential.
(b) Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Customer service
· Appling knowledge of employer's objectives, performance, projected areas of growth, product trends and general industry conditions
· Identifying opportunities to generate revenue from internal/external sources
· Assisting with the development and implementation of new/improved systems
· Monitoring and reporting on third party providers
· Resolving disputes and difficult situations, when required
· Implementing company policies and procedures
· Providing recommendations on changes to current service provision and resource allocation where appropriate
· Drafting report and correspondence containing recommendations, where appropriate
· Conducting in-depth research from various sources
· Ensuring department Key Performance Indicators are met
· Co-ordinating the customer service team including co-ordinating daily staffing levels, providing feedback and input into performance planning and review
· Assisting with the development and implementation of targeted sales and marketing activities
(ii) IT skills
· Application of computer software packages within either a micro personal computer or a central computer resource including the integration of complex word processing/desktop publishing, text and data documents
· Maintaining security of information systems
· Evaluating computer systems and programs when required to determine future technological resource requirements
· Assisting with the development of options for future strategies
(iii) Business/financial
· Providing reports for management in any or all of the following areas:
· accounting/financial
· staffing
· legislative requirements
· other company activities
· Undertaking and documenting costing procedures
· Control of tax matters
· Pursuing debt collection in accordance with credit policy
B.2.6 Level 6
(a) Knowledge - Complete knowledge of area of specialisation as well as general knowledge of other areas of the stream. Ability to apply knowledge to assist in developing policy, new products and future trends.
(b) Mental - Exercise judgment, reasoning, initiative and discretion.
(c) Social - Liaise with staff/customers and other airline personnel.
(d) Physical - Keyboard skills including knowledge of appropriate software and office machines.
(e) Responsibility - Required to demonstrate responsibility and accountability for own work.
(f) Supervision - Generally unsupervised or requiring only minimal or passive supervision. Responsible and accountable for own work. Able to co-ordinate workflow within section and maintain work quality as part of a team.
B.2.7 Level 7
(a) Knowledge - Full knowledge of policy and procedures relating to work area. Operational knowledge as well as knowledge of relevant computer software.
(b) Mental - Judgment and reasoning, initiative and discretion.
(c) Social - Able to liaise with and consult other section of the organisation and/or external organisations to resolve a problem. Base level counselling. Interaction with customers.
(d) Physical - Keyboard and computer skills with use of computer software. Use of office machines.
(e) Responsibility - Responsible for ensuring inaccuracies do not occur and due to in-depth knowledge able to suggest improvements in the area of work. Responsible for the assignment of work and first level discipline. Responsible to ensure customer service standards, operational and cost efficiency in area of control.
(f) Supervision - First level supervisors.
B.2.8 Level 8
(a) Knowledge - Broad knowledge of systems, procedures and policy. Advanced supervisory skills.
(b) Mental - Exercising of reasoning and judgment/initiative and discretion and able to problem solve.
(c) Social - Interaction with staff/customers/external departments. Disciplining and counselling as required.
(d) Physical - Keyboard and computer skills including use of relevant software. Use of office machines.
(e) Responsibility - Responsible for ensuring inaccuracies do not occur and due to in-depth knowledge able to suggest improvements in the area of work. Responsible for the assignment of work and discipline as required. Assume responsibility for several groups and ensure customer service standards, operational and cost efficiency in areas of control.
(f) Supervisory - Supervisor
B.3 Maintenance and engineering stream
B.3.1 Trades assistant means an adult employee who is engaged in assisting a Licensed Aircraft Maintenance Engineer and/or a tradesperson who is engaged in dismantling and/or cleaning of components and/or oiling/greasing and/or paint stripping.
B.3.2 Aircraft Maintenance Engineer (AME) means any tradesperson who is engaged in the maintenance, repair, overhaul, modification, assembly and/or testing of aircraft, aircraft systems, aircraft components, aircraft engines and/or associated equipment.
B.3.3 Licensed Aircraft Maintenance Engineer (LAME) - Grade 1
(a) Licensed Aircraft Maintenance Engineer (airframes) means a licensed aircraft maintenance engineer holding at least one rating in an airframe category licence granted under CAO 100.91 Issue 3, endorsed for airframe groups 1 or 2 on aircraft operated or maintained by the employer.
(b) Licensed Aircraft Maintenance Engineer (electrical) means a licensed aircraft maintenance engineer holding an electrical category licence granted under CAO 100.94 Issue 3, endorsed for group 1 on aircraft operated or maintained by the employer.
(c) Licensed Aircraft Maintenance Engineer (engines) means a licensed aircraft maintenance engineer holding the ratings in an engine category licence granted under CAO 100.92 Issue 2, endorsed for engine groups 1 or 2 on aircraft operated or maintained by the employer.
(d) Licensed Aircraft Maintenance Engineer (instrument) means a licensed aircraft maintenance engineer holding an instrument category licence granted under CAO 100.95 Issue 3, endorsed for instrument group 1 on aircraft operated or maintained by the employer.
(e) Licensed Aircraft Maintenance Engineer (radio) means a licensed aircraft maintenance engineer holding a radio category licence granted under CAO 100.93 Issue 3, endorsed in groups 1 or 2 radio systems on aircraft operated or maintained by the employer.
B.3.4 Licensed Aircraft Maintenance Engineer - Grade 2
(a) Licensed Aircraft Maintenance Engineer (airframes) means a licensed Aircraft Maintenance Engineer holding the ratings in an airframe category licence granted under CAO 100.91 Issue 3, endorsed for airframe groups 1 and 5 on aircraft operated or maintained by the employer.
(b) Licensed Aircraft Maintenance Engineer (electrical) means a licensed aircraft maintenance engineer holding an electrical category licence granted under CAO 100.94 Issue 3, endorsed for groups 1 and 2 on aircraft operated or maintained by the employer.
(c) Licensed Aircraft Maintenance Engineer (engines) means a licensed aircraft maintenance engineer holding the ratings in an engine category licence granted under CAO 100.92 Issue 2, endorsed for engine groups 1 and 3 or 2 and 3 on aircraft operated or maintained by the employer.
(d) Licensed Aircraft Maintenance Engineer (instrument) means a licensed aircraft maintenance engineer holding an instrument category licence granted under CAO 100.95 Issue 3, endorsed for groups 1, 3 and 5 or 7 (rotor craft) and 8 on aircraft operated or maintained by the employer.
(e) Licensed Aircraft Maintenance Engineer (radio) means a licensed aircraft maintenance engineer, holding a radio category licence granted under CAO 100.93 Issue 3, endorsed in groups 1 or 2 and one of groups 3, 4 or 5 radio systems on aircraft operated or maintained by the employer.
B.3.5 Licensed Aircraft Maintenance Engineer - Grade 3
(a) Licensed Aircraft Maintenance Engineer (airframes) means a licensed aircraft maintenance engineer holding the ratings of an airframe category licence granted under CAO 100.9 issue 3 endorsed for airframe groups, 1, 5 and 10, or 2 and 19 or 20 on aircraft operated or maintained by the employer.
(b) Licensed Aircraft Maintenance Engineer (electrical) means a licensed aircraft maintenance engineer holding an electrical category licence granted under CAO 100.94 Issue 3, endorsed for groups 1, 2 and 20 aircraft listed in CAO Issue 3, Appendix 4 which are operated or maintained by the employer.
(c) Licensed Aircraft Maintenance Engineer (engines) means a licensed aircraft maintenance engineer holding the ratings in an engine category licence granted under CAO 100.92 Issue 2, endorsed for engine groups 21 or 22 on aircraft operated or maintained by the employer.
(d) Licensed Aircraft Maintenance Engineer (instrument) means a licensed aircraft maintenance engineer holding an instrument category licence granted under CAO 100.95 Issue 3, endorsed in groups 1, 8, 9 and 10 or 7 (rotor craft) instead of 10 and for group 20 aircraft listed in CAO 100.95, Appendix 4 which are operated or maintained by the employer.
(e) Licensed Aircraft Maintenance Engineer (radio) means a licensed aircraft maintenance engineer grade 2, holding a radio category licence granted under CAO 100.93 Issue 3, endorsed in groups 3, 4 and 5 and one of groups 6, 7, 8, 9, 10 or 11 radio systems on aircraft operated or maintained by the employer.
B.4 Storepersons and logistics
B.4.1 Storeperson Level 1
Is an employee working under direct supervision with less than six months experience in the airline industry undergoing training in all supply and associated functions.
B.4.2 Storeperson Level 2
Is an employee working under limited supervision with Level 1 experience who may be required to perform any or all of the core functions. A Level 2 employee will continue training in core functions and at least three specialist functions.
B.4.3 Storeperson Level 3
Is an employee who possesses all Level 2 qualifications and is competent in at least three specialist areas.
B.4.4 Storeperson Level 4
Is an employee who possesses all Level 3 qualifications and is responsible for the efficient operation of a shift or section with significant responsibility for administration and/or supervision of staff.
Employees seeking promotion to this level must possess and retain possession of a Hazardous Goods Certificate as a compulsory specialised function. Employees will be required to train lower graded employees, including new employees during their probationary period, and monitor and modify techniques, effectiveness and efficiency and ensure compliance to Divisional/ Company policy. Employees will be responsible for the allocation of manpower to achieve optimum customer service and assist in the development and implementation or work simplification systems.
B.4.5 Storeperson Level 5
Is an employee who possesses all Level 4 qualifications and is responsible for a group (two or more sections).
Employees are required to plan, direct and monitor the work and work standards of all staff within the group. Employee is responsible for staff development and on-the-job training, and must ensure compliance with Supply division policy and Company Maintenance Manuals.
Schedule C - Supported Wage System
[Varied by PR991555, PR994424, PR998748, PR510670, PR525068]
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:
Assessed capacity (clause C.5) % | Relevant minimum wage % |
|---|---|
10 | 10 |
20 | 20 |
30 | 30 |
40 | 40 |
50 | 50 |
60 | 60 |
70 | 70 |
80 | 80 |
90 | 90 |
[C.4.2 varied by PR994424, PR998748, PR510670, PR525068 ppc 01Jul12]
C.4.2 Provided that the minimum amount payable must be not less than $76 per week.
C.4.3 Where an employee's assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 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 PR994424, PR998748, PR510670, PR525068 ppc 01Jul12]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $76 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
- School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E - National Training Wage
[Schedule E inserted by PR514012 ppc 01Jan10; varied by PR522910]
E.1 Title
This is the National Training Wage Schedule.
E.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, excluding those from Manufacturing Skills Australia's Metal and Engineering Training Package (MEM05) and Aeroskills Training Package (MEA07), 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
E.3 Coverage
E.3.1 Subject to clauses E.3.2 to E.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 (excluding those from Manufacturing Skills Australia's Metal and Engineering Training Package (MEM05) and Aeroskills Training Package (MEA07)), and AQF certificate level is allocated to a wage level by Appendix E1 to this schedule or by clause E.5.4 of this schedule.
E.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 E1 to this schedule.
E.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.
E.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.
E.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.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of Traineeship
The following types of traineeship are available under this schedule:
E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
E.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.
E.5 Minimum Wages
[Varied by PR522910 ppc 01Jul12]
E.5.1 Minimum wages for full-time traineeships
Subject to clause E.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 E1 are:
| Highest year of schooling completed | ||
|---|---|---|---|
| Year 10 | Year 11 | Year 12 |
| per week | per week | per week |
| $ | $ | $ |
School leaver | 272.40 | 300.10 | 357.50 |
Plus 1 year out of school | 300.10 | 357.50 | 416.00 |
Plus 2 years out of school | 357.50 | 416.00 | 484.10 |
Plus 3 years out of school | 416.00 | 484.10 | 554.30 |
Plus 4 years out of school | 484.10 | 554.30 |
|
Plus 5 or more years out of school | 554.30 |
|
|
(b) Wage Level B
Subject to clause E.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 E1 are:
| Highest year of schooling completed | ||
|---|---|---|---|
| Year 10 | Year 11 | Year 12 |
| per week | Per week | per week |
| $ | $ | $ |
School leaver | 272.40 | 300.10 | 347.90 |
Plus 1 year out of school | 300.10 | 347.90 | 400.10 |
Plus 2 years out of school | 347.90 | 400.10 | 469.20 |
Plus 3 years out of school | 400.10 | 469.20 | 535.20 |
Plus 4 years out of school | 469.20 | 535.20 |
|
Plus 5 or more years out of school | 535.20 |
|
|
(c) Wage Level C
Subject to clause E.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 E1 are:
| Highest year of schooling completed | ||
|---|---|---|---|
| Year 10 | Year 11 | Year 12 |
| per week | per week | per week |
| $ | $ | $ |
School leaver | 272.40 | 300.10 | 347.90 |
Plus 1 year out of school | 300.10 | 347.90 | 391.50 |
Plus 2 years out of school | 347.90 | 391.50 | 437.30 |
Plus 3 years out of school | 391.50 | 437.30 | 487.30 |
Plus 4 years out of school | 437.30 | 487.30 |
|
Plus 5 or more years out of school | 487.30 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause E.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 E.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:
Wage level | First year of traineeship | Second and subsequent years of traineeship |
|---|---|---|
| per week | per week |
| $ | $ |
Wage Level A | 575.60 | 598.00 |
Wage Level B | 555.40 | 576.70 |
Wage Level C | 505.40 | 524.60 |
E.5.2 Minimum wages for part-time traineeships
Subject to clauses E.5.2(f) and E.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 E1 are:
| Highest year of schooling completed | ||
|---|---|---|---|
| Year 10 | Year 11 | Year 12 |
| per hour | per hour | per hour |
| $ | $ | $ |
School leaver | 8.96 | 9.88 | 11.76 |
Plus 1 year out of school | 9.88 | 11.76 | 13.69 |
Plus 2 years out of school | 11.76 | 13.69 | 15.93 |
Plus 3 years out of school | 13.69 | 15.93 | 18.23 |
Plus 4 years out of school | 15.93 | 18.23 |
|
Plus 5 or more years out of school | 18.23 |
|
|
(b) Wage Level B
Subject to clauses E.5.2(f) and E.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 E1 are:
| Highest year of schooling completed | ||
|---|---|---|---|
| Year 10 | Year 11 | Year 12 |
| per hour | per hour | per hour |
| $ | $ | $ |
School leaver | 8.96 | 9.88 | 11.45 |
Plus 1 year out of school | 9.88 | 11.45 | 13.16 |
Plus 2 years out of school | 11.45 | 13.16 | 15.44 |
Plus 3 years out of school | 13.16 | 15.44 | 17.61 |
Plus 4 years out of school | 15.44 | 17.61 |
|
Plus 5 or more years out of school | 17.61 |
|
|
(c) Wage Level C
Subject to clauses E.5.2(f) and E.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 E1 are:
| Highest year of schooling completed | ||
|---|---|---|---|
| Year 10 | Year 11 | Year 12 |
| per hour | per hour | per hour |
| $ | $ | $ |
School leaver | 8.96 | 9.88 | 11.45 |
Plus 1 year out of school | 9.88 | 11.45 | 12.88 |
Plus 2 years out of school | 11.45 | 12.88 | 14.39 |
Plus 3 years out of school | 12.88 | 14.39 | 16.03 |
Plus 4 years out of school | 14.39 | 16.03 |
|
Plus 5 or more years out of school | 16.03 |
|
|
(d) School-based traineeships
Subject to clauses E.5.2(f) and E.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 E1 are as follows when the trainee works ordinary hours:
Year of schooling | ||
Year 11 or lower | Year 12 | |
per hour | per hour | |
$ | $ | |
8.96 | 9.88 | |
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses E.5.2(f) and E.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 E.5.2(f) and E.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:
Wage level | First year of traineeship | Second and subsequent years of traineeship |
|---|---|---|
| per hour | per hour |
| $ | $ |
Wage Level A | 18.94 | 19.67 |
Wage Level B | 18.26 | 18.97 |
Wage Level C | 16.63 | 17.26 |
(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 E.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 E.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 E.5.2(a)-(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
E.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.
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 E1 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.
E.6 Employment conditions
E.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.
E.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.
E.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.
E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix E1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
E1.1 Wage Level A
Training package | AQF certificate level |
|---|---|
Aeroskills | II |
Aviation | I |
Beauty | III |
Business Services | I |
Chemical, Hydrocarbons and Refining | I |
Civil Construction | III |
Coal Training Package | II |
Community Services | II |
Construction, Plumbing and Services Integrated Framework | I |
Correctional Services | II |
Drilling | II |
Electricity Supply Industry - Generation Sector | II |
Electricity Supply Industry - Transmission, Distribution and Rail Sector | II |
Electrotechnology | I |
Financial Services | I |
Floristry | III |
Food Processing Industry | III |
Gas Industry | III |
Information and Communications Technology | I |
Laboratory Operations | II |
Local Government (other than Operational Works Cert I and II) | I |
Manufactured Mineral Products | III |
Manufacturing | I |
Maritime | I |
Metal and Engineering (Technical) | II |
Metalliferous Mining | II |
Museum, Library and Library/Information Services | II |
Plastics, Rubber and Cablemaking | III |
Public Safety | III |
Public Sector | II |
Pulp and Paper Manufacturing Industries | III |
Retail Services (including wholesale and Community pharmacy) | III |
Telecommunications | II |
Textiles, Clothing and Footwear | III |
Tourism, Hospitality and Events | I |
Training and Assessment | III |
Transport and Distribution | III |
Water Industry (Utilities) | III |
E1.2 Wage Level B
Training package | AQF certificate level |
|---|---|
Animal Care and Management | I |
Asset Maintenance | I |
Australian Meat Industry | I |
Automotive Industry Manufacturing | II |
Automotive Industry Retail, Service and Repair | I |
Beauty | II |
Caravan Industry | II |
Civil Construction | I |
Community Recreation Industry | III |
Entertainment | I |
Extractive Industries | II |
Fitness Industry | III |
Floristry | II |
Food Processing Industry | I |
Forest and Forest Products Industry | I |
Furnishing | I |
Gas Industry | I |
Health | II |
Local Government (Operational Works) | I |
Manufactured Mineral Products | I |
Metal and Engineering (Production) | II |
Outdoor Recreation Industry | I |
Plastics, Rubber and Cablemaking | II |
Printing and Graphic Arts | II |
Property Services | I |
Public Safety | I |
Pulp and Paper Manufacturing Industries | I |
Retail Services | I |
Screen and Media | I |
Sport Industry | II |
Sugar Milling | I |
Textiles, Clothing and Footwear | I |
Transport and Logistics | I |
Visual Arts, Craft and Design | I |
Water Industry | I |
E1.3 Wage Level C
Training package | AQF certificate level |
|---|---|
Agri-Food | I |
Amenity Horticulture | I |
Conservation and Land Management | I |
Funeral Services | I |
Music | I |
Racing Industry | I |
Rural Production | I |
Seafood Industry | I |
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