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(a) the business is established wholly or partly for compounding or dispensing prescriptions for, or selling medicines or drugs to, the general public from the premises on which the business is conducted, whether or not other goods are so sold from those premises; and

(b) if required to be registered under legislation for the regulation of pharmacies in force in the place in which the premises on which the business is conducted are located, the business is so registered; and

(c) the business is not owned by a hospital or other public institution or operated by government.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means a national system employee as defined by section 13 of the Act.

employer means a national system employer as defined by section 14 of the Act.

enterprise instrument has the meaning given by subitem 2(1) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

Fair Work Regulations means the Fair Work Regulations 2009 (Cth).

fast food operations means an operation taking orders for, preparing, selling or delivering any of the following (or doing any combination of 2 or more of those things):

(a) food or beverages sold primarily for consumption away from the point of sale; or

(b) food or beverages packaged, sold or served in such a way as to allow them to be consumed away from the point of sale should the customer so decide; or

(c) food or beverages sold or served in food courts, shopping centres or retail complexes, excluding coffee shops, cafes, bars and restaurants that primarily provide a sit down service.

general retail industry is defined in clause 4.2.

immediate family has the meaning given by section 12 of the Act.

junior employee means an employee who is less than 21 years of age.

[Definition of long term casual employee deleted by PR733977 from 27Sep21]

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

National Employment Standards, see Part 2-2 of the Act. Divisions 3 to 12 of Part 2-2 of the Act constitute the National Employment Standards. An extract of section 61 of the Act is reproduced below.

The National Employment Standards are minimum standards applying to employment of employees. The minimum standards relate to the following matters:

(a) maximum weekly hours (Division 3);

(b) requests for flexible working arrangements (Division 4);

[Paragraph (ba) inserted by PR733977 ppc 27Sep21]

(ba) offers and requests for casual conversion (Division 4A);

(d) annual leave (Division 6);

[Paragraph (e) varied by PR750473 ppc 15Mar23]

(e) personal/carer’s leave, compassionate leave and paid family and domestic violence leave (Division 7);

(f) community service leave (Division 8);

(g) long service leave (Division 9);

(h) public holidays (Division 10);

(i) notice of termination and redundancy pay (Division 11);

(j) Fair Work Information Statement (Division 12).

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

[Definition of regular casual employee inserted by PR733977 from 27Sep21]

regular casual employee has the meaning given by section 12 of the Act.

shiftworker means an employee to whom Part 6—Shiftwork applies.

shop with departments or sections means a shop that has a clearly distinguishable department or section staffed by a manager and at least 3 subordinate employees who work solely or predominantly in that department or section.

standard hourly rate means the minimum hourly rate for a Retail Employee Level 4 in Table 4—Minimum rates.

standard weekly rate means the minimum weekly rate for a Retail Employee Level 4 in Table 4—Minimum rates.

State reference public sector modern award has the meaning given by subitem 3(2) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

State reference public sector transitional award has the meaning given by subitem 2(1) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

Table 1—Facilitative provisions means the Table in clause 7.2.

Table 2—Span of hours means the Table in clause 15.1.

Table 3—Entitlements to meal and rest break(s) means the Table in clause 16.2.

Table 4—Minimum rates means the Table in clause 17.1.

Table 5—Junior rates (retail employee levels 1, 2 and 3 only) means the Table in clause 17.2.

Table 6—4 year apprentice minimum rates (pre-January 2014 start) means the Table in clause 17.3(a).

Table 7—4 year apprentice minimum rates (start January 2014 or later) means the Table in clause 17.3(b).

Table 8—3 year apprentice minimum rates (pre-January 2014 start) means the Table in clause 17.3(c).

Table 9—3 year apprentice minimum rates (start January 2014 or later) means the Table in clause 17.3(d).

Table 10—Overtime rates means the Table in clause 21.2(e).

Table 11—Penalty rates means the Table in clause 22.1.

Table 12—Period of notice means the Table in clause 37.1.

video shop means a business the primary function of which is the hire to the public of videos, DVDs or electronic games.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

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

3.3 The employer must ensure that copies of this award and of the NES are available to all employees to whom they apply, either on a notice board conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

[Varied by PR764967]

4.1 This industry award covers, to the exclusion of any other modern award:

(a) employers in the general retail industry throughout Australia; and

[4.1(b) varied by PR764967 ppc 08Aug23]

(b) employees (within a classification defined in Schedule A—Classification Definitions) of employers mentioned in clause 4.1(a).

4.2 general retail industry means the retail sale or hire of goods or services for personal, household or business consumption including:

(a) clothing; and

(b) food; and

(c) furniture and household goods; and

(d) personal and recreational goods; and

(e) bakery shops at which the predominant activity is baking products for sale on the premises; and

(f) the provision of repair services for household equipment; and

(g) the provision of customer information or assistance at retail complexes; and

(h) the delivery of newspapers by employees of a newsagent,

but excluding the following that are covered by other awards:

(i) the retail sale or hire of goods or services by any of the following:

(i) community pharmacies; or

(ii) pharmacies in hospitals or other institutions providing an in-patient service; or

(iii) hair and beauty establishments; or

(iv) stand-alone butcher shops; or

(v) stand-alone nurseries; or

(vi) manufacturing or processing establishments other than seafood processing establishments; and

(j) hair and beauty work undertaken in the theatrical, amusement or entertainment industries; and

(k) clerical functions performed away from a retail establishment; and

(l) warehousing and distribution; and

(m) motor vehicle retailing and motor vehicle fuel and parts retailing; and

(n) restaurants, cafes, hotels, motels or fast food operations; and

(o) building, construction, installation, repair or maintenance contractors engaged to perform work at a retail establishment.

4.3 This industry award also covers:

(a) on-hire employees working in the general retail industry (with a classification defined in Schedule A—Classification Definitions) and the on-hire employers of those employees; and

(b) apprentices or trainees employed by a group training employer and hosted by an employer covered by this award to work in the general retail industry (with a classification defined in Schedule A—Classification Definitions) at a location where the employees mentioned in clause 4.1(b) also perform work and the group training employers of those apprentices or trainees.

4.4 However, this industry award does not cover any of the following:

(a) employees excluded from award coverage by the Act; or

NOTE: See section 143(7) of the Act.

(b) employees covered by a modern enterprise award or an enterprise instrument or their employers; or

(c) employees covered by a State reference public sector modern award or a State reference public sector transitional award or their employers; or

(d) employers covered by any of the following awards:

(i) the Fast Food Industry Award 2010; or

(ii) the Meat Industry Award 2020; or

(iii) the Hair and Beauty Industry Award 2010; or

(iv) the Pharmacy Industry Award 2020.

4.5 If an employer is covered by more than one award, an employee of that employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the industry in which they work.

NOTE: An employee working in the general retail industry who is not covered by this industry award may be covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 of the Act then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

[6 substituted by PR763197 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 36—Dispute resolution and/or under section 65B of the Act.

7. Facilitative provisions

7.1 This award contains facilitative provisions which allow agreement between an employer and an individual employee, or the majority of employees, on how specific award provisions are to apply at the workplace.

7.2 The following clauses have facilitative provisions:

Table 1—Facilitative provisions

Clause	Provision	Agreement between an employer and:
15.6(g)(v)	Length of work cycle	an individual employee
15.6(j)	Rosters—number of days in work cycle	an individual employee
15.6(k)	Rosters—length of shift	an individual employee
15.6(l)	Substitution of rostered days off	the majority of employees
15.6(m)	Banking of rostered days off	an individual employee
15.7(d)	Rosters—minimum consecutive days off	an individual employee
15.8(b)	Employees regularly working Sundays	an individual employee
16.6(d)	Breaks between work periods	an individual employee or a group of employees
19.11(b)	Recall allowance	an individual employee
21.3	Time off instead of payment for overtime	an individual employee
22.2	Additional provisions for work on public holidays	an individual employee
25.3(d)	Substitution of public holiday shift – shiftwork	an individual employee
28.8	Annual leave in advance	an individual employee
28.9	Cashing out of annual leave	an individual employee
33.2	Substitution of public holidays by agreement	an individual employee

7.3 The agreement must be kept by the employer as a time and wages record.

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 An employee covered by this award must be one of the following:

(a) a full-time employee; or

(b) a part-time employee; or

(c) a casual employee.

8.2 At the time of engaging an employee, the employer must inform the employee of the terms on which they are engaged, including whether they are engaged as a full-time, part-time or casual employee.

8.3 Moving between types of employment

(a) A full-time or casual employee can only become a part-time employee with the employee’s written consent.

(b) Moving to part-time employment does not affect the continuity of any leave entitlements.

(c) A full-time employee:

(i) may request to become a part-time employee; and

(ii) if that request is granted by the employer, may return to full-time employment at a future date agreed in writing with the employer.

9. Full-time employees

An employee who is engaged to work an average of 38 ordinary hours per week in accordance with an agreed hours of work arrangement is a full-time employee.

NOTE: The hours of work arrangement is agreed between the employer and the employee. See clause 15.6 (Ordinary hours of work).

10. Part-time employees

[Substituted by PR731097 ppc 01Jul21]

10.1 An employee who is engaged to work for fewer than 38 ordinary hours per week and whose hours of work are reasonably predictable, is a part-time employee.

10.2 An employer may employ part-time employees in any classification defined in Schedule A—Classification Definitions.

10.3 This award applies to a part-time employee in the same way that it applies to a full-time employee except as otherwise expressly provided by this award.

10.4 A part-time employee is entitled to payments in respect of annual leave and personal/carer’s leave on a proportionate basis.

10.5 At the time of engaging a part-time employee, the employer must agree in writing with the employee on a regular pattern of work that must include all of the following:

(a) the number of hours to be worked on each particular day of the week (the guaranteed hours); and

(b) the times at which the employee will start and finish work each particular day; and

(c) when meal breaks may be taken and their duration.

NOTE: An agreement under clause 10.5 could be recorded in writing including through an exchange of emails, text messages or by other electronic means.

10.6 Changes to regular pattern of work by agreement

The employer and the employee may agree to vary the regular pattern of work agreed under clause 10.5 on a temporary or ongoing basis, with effect from a future date or time. Any such agreement must be recorded in writing:

(a) if the agreement is to vary the employee’s regular pattern of work for a particular rostered shift – before the end of the affected shift; and

(b) otherwise – before the variation takes effect.

NOTE 1: An agreement under clause 10.6 could be recorded in writing including through an exchange of emails, text messages or by other electronic means.

NOTE 2: An agreement under clause 10.6 cannot result in the employee working 38 or more ordinary hours per week.

EXAMPLE: Sonya’s guaranteed hours include 5 hours work on Mondays. During a busy Monday shift, Sonya’s employer sends Sonya a text message asking her to vary her guaranteed hours that day to work 2 extra hours at ordinary rates (including any penalty rates). Sonya is happy to agree and replies by text message confirming that she agrees. The variation is agreed before Sonya works the extra 2 hours. Sonya’s regular pattern of work has been temporarily varied under clause 10.6. She is not entitled to overtime rates for the additional 2 hours.

10.7 The employer must keep a copy of any agreement under clause 10.5, and any variation of it under clause 10.6 or 10.11, and, if requested by the employee, give another copy to the employee.

10.8 For any time worked in excess of their guaranteed hours agreed under clause 10.5 or as varied under clause 10.6 or clause 10.11, the part-time employee must be paid at the overtime rate specified in Table 10—Overtime rates.

10.9 The minimum daily engagement for a part-time employee is 3 consecutive hours.

10.10 Changes to regular pattern of work by employer

(a) An employee’s regular pattern of work agreed under clause 10.5 or 10.6, other than the employee’s guaranteed hours, may be changed by the employer giving the employee 7 days, or in an emergency 48 hours, written notice of the change.

(b) However, the regular pattern of work of a part-time employee must not be changed from week to week or fortnight to fortnight or to avoid any award entitlements. If the employer does so, the employee must be paid any award entitlements as if the regular pattern of work had not been changed.

NOTE 1: Clause 15.7 contains additional rostering provisions. Clause 35 contains requirements to consult with employees about roster changes.

NOTE 2: See clause 27—Rostering restrictions for the rosters of shiftworkers.

NOTE 3: An employee’s guaranteed hours including the days on which those guaranteed hours are agreed to be worked can only be changed by agreement. See clause 10.6.

10.11 Review of guaranteed hours

(a) If an employees’ guaranteed hours are less than the ordinary hours that the employee has regularly worked in the previous 12 months, the employee may request in writing that the employer increase their guaranteed hours on an ongoing basis to reflect the ordinary hours regularly being worked.

(b) An employee may only make a request under clause 10.11(a) once every 12 months.

(c) The employer must respond in writing to the employee’s request within 21 days.

(d) The employer may refuse the request only on reasonable grounds.

EXAMPLE: Reasonable grounds to refuse the request may include the reason that the employee has regularly worked more ordinary hours than their guaranteed hours is temporary—for example where this is the direct result of another employee being absent on annual leave, long service leave or worker’s compensation.

(e) Before refusing a request under clause 10.11(c), the employer must discuss the request with the employee and genuinely try to reach agreement on an increase to the employee’s guaranteed hours that will give the employee more predictable hours of work and reasonably accommodate the employee’s circumstances.

(f) If the employer and employee agree on an increase to the employee’s guaranteed hours, the employer’s written response must record the agreed increase.

(g) If the employer and employee do not reach agreement, the employer’s written response must include details of the reasons for the refusal, including the ground or grounds for refusal and how the ground or grounds apply.

NOTE: If the employer and employee agree in writing to increase the employee’s guaranteed hours, this will vary the agreement under clause 10.5.

(h) The employer and employee may seek to resolve a dispute about a request under clause 10.11(a) in accordance with clause 36—Dispute resolution.

NOTE: This could include a dispute about whether the employer’s refusal of a request was reasonable, whether the employer discussed the request with the employee as required under clause 10.11(e), or whether the employer responded in writing to the request as required under clauses 10.11(c), (f) or (g).

11. Casual employees

[Varied by PR733977, PR735945]

[11.1 deleted by PR733977 from 27Sep21]

[11.2 deleted by PR733977 from 27Sep21]

[11.3 renumbered as 11.1 by PR733977 from 27Sep21]

11.1 An employer must pay a casual employee for each hour worked a loading of 25% on top of the minimum hourly rate otherwise applicable under clause 17—Minimum rates.

NOTE 1: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

NOTE 2: Overtime rates applicable to casuals are set out in Table 10—Overtime rates.

NOTE 3: Penalty rates applicable to casuals are set out in Table 11—Penalty rates.

[11.4 renumbered as 11.2 by PR733977 from 27Sep21; substituted by PR735945 ppc 06Dec21]

11.2 The minimum daily engagement of a casual employee is 3 hours, or 1.5 hours’ in the circumstances set out in clause 11.3.

[11.5 renumbered as 11.3 by PR733977 from 27Sep21]

11.3 The circumstances are:

(a) the employee is a full-time secondary school student; and

(b) the employee is engaged to work between 3:00 pm and 6:30 pm on a day on which the employee is required to attend school; and

(c) the employee, with the approval of the employee’s parent or guardian, agrees to work for fewer than 3 hours; and

(d) employment for a longer period than the agreed period is not possible either because of the operational requirements of the employer or the unavailability of the employee.

[11.6 renumbered as 11.4 by PR733977 from 27Sep21]

11.4 An employer must pay a casual employee at the end of each engagement or weekly or fortnightly in accordance with pay arrangements for full-time and part-time employees.

11.5 Offers and requests for casual conversion

[11.5 inserted by PR733977 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 36—Dispute resolution.

[11.7 deleted by PR733977 from 27Sep21]

12. Apprentices

12.1 An employer may engage apprentices.

12.2 Any engagement must be in accordance with the law regulating apprenticeships in force in the place in which the apprentice is engaged.

12.3 This award applies to an apprentice in the same way that it applies to a full-time employee except as otherwise expressly provided by this award.

12.4 An employer must pay an apprentice in accordance with clause 17.3—Apprentice rates or, for an adult apprentice, 17.4—Adult apprentices.

12.5 Except in an emergency, an employer must not require an apprentice to work overtime or shiftwork at any time that would prevent their attendance at training in accordance with their training contract.

12.6 Training

(a) An employer must release an apprentice from work to attend training or any assessment in accordance with their training contract without loss of pay or continuity of employment.

(b) Subject to Schedule D—School-based Apprentices, time spent by an apprentice in attending training or any assessment in accordance with their training contract is to be regarded as time worked for the employer for the purpose of calculating the apprentice’s wages and determining the apprentice’s employment conditions.

(c) An employer must reimburse an apprentice for all fees paid by the apprentice themselves to a registered training organisation (RTO) for courses that the apprentice is required to attend, and all costs incurred by the apprentice in purchasing textbooks (not provided or otherwise made available by the employer) that the apprentice is required to study, for the purposes of the apprenticeship.

(d) The employer must make any reimbursement required under clause 12.6(c) by whichever of the following is the later:

(i) 6 months after the start of the apprenticeship; or

(ii) 6 months after the relevant stage of the apprenticeship; or

(iii) 3 months after the start of the training provided by the RTO.

(e) Reimbursement under clause 12.6(c) is subject to the employer being satisfied that the apprentice is making satisfactory progress in the apprenticeship.

12.7 Block release training

(a) Clause 12.7 applies to an apprentice who is required to attend block release training in accordance with their training contract.

(b) If the training requires an overnight stay, the employer must pay for the reasonable travel costs incurred by the apprentice in travelling to and from the training.

(c) The employer is not obliged to pay costs under clause 12.7(b) if the apprentice could have attended training at a closer venue and attending the more distant training had not been agreed between the employer and the apprentice.

(d) Reasonable travel costs in clause 12.7(b) include:

(i) the total cost of reasonable transportation (including transportation of tools, where required) to and from the training; and

(ii) accommodation costs; and

(iii) reasonable expenses, including for meals, incurred which exceed those incurred in the normal course of travelling to and from the workplace.

(e) Reasonable costs in clause 12.7(b) do not include payment for travelling time or expenses incurred while not travelling to and from the block release training.

(f) The amount an employer must pay under clause 12.7(b) may be reduced by any amount that the apprentice has received, or was eligible to receive, for travel costs to attend block release training under a Government apprentice assistance scheme.

(g) The employer may only make a reduction under clause 12.7(f) for an amount that an apprentice was eligible to receive, but did not receive, if the employer advised the apprentice in writing of the availability of the assistance and the apprentice chose not to seek it.

13. Junior employees

NOTE: Junior employee is defined in clause 2—Definitions.

13.1 An employer may engage junior employees.

13.2 An employer must pay a junior employee in accordance with Table 5—Junior rates (retail employee levels 1, 2 and 3 only).

14. Classifications

14.1 An employer must classify an employee covered by this award in accordance with Schedule A—Classification Definitions.

14.2 The classification by the employer must be based on the skill level as determined by the employer that the employee is required to exercise in order to carry out the principal functions of the employment.

14.3 Employers must notify employees in writing of their classification and of any change to it.

Part 3—Hours of Work

15. Ordinary hours of work and rostering arrangements

[Varied by PR731097]

15.1 Ordinary hours may be worked by an employee on the day specified in column 1 during the span of ordinary hours specified in column 2 of Table 2—Span of hours.

Table 2—Span of hours

Column 1 Days	Column 2 Span of hours
Monday to Friday, inclusive	7.00 am – 9.00 pm
Saturday	7.00 am – 6.00 pm
Sunday	9.00 am – 6.00 pm

15.2 However, ordinary hours may be worked:

(a) from 5:00 am in a newsagency; or

(b) until midnight in a video shop; or

(c) until 11.00 pm if the trading hours of the establishment extend beyond 9.00 pm on a Monday to Friday or 6.00 pm on a Saturday or Sunday.

15.3 Ordinary hours of work on any day are continuous, except for rest breaks and meal breaks as specified in clause 16—Breaks.

15.4 Subject to clause 15.5, the maximum number of ordinary hours that can be worked on any day is 9.

15.5 An employer may roster an employee to work up to 11 ordinary hours on one day per week.

15.6 Full-time employees

(a) In each establishment an assessment must be made as to the kind of arrangement for working the average of 38 ordinary hours per week required for full-time employment that best suits the business of the establishment.

(b) Either the employer or the employee may initiate the making of an assessment.

(c) An assessment cannot be made more frequently than once per year.

(d) Any proposed arrangement arising out of the making of an assessment must be discussed with the affected employees with the objective of reaching agreement on it.

(e) Different groups of employees may be subject to different arrangements.

(f) An arrangement may provide for a full-time employee to be rostered to work the required number of hours in any of the ways mentioned in clause 15.6(g) and may adopt any of the options mentioned in clause 15.6(h) for working the average of 38 hours per week.

(g) The ways are:

(i) working 38 hours per week; or

(ii) working 76 hours over 2 consecutive weeks; or

(iii) working 114 hours over 3 consecutive weeks; or

(iv) working 152 hours over 4 consecutive weeks; or

(v) working an average of 38 hours per week over a longer period agreed between the employer and the employee.

(h) The options are:

(i) working 5 days of 7 hours and 36 minutes each per week; or

(ii) working days of varying length per week; or

(iii) taking 4 hours off per fortnight in addition to the rostered day off; or

(iv) taking a fixed day off per 4 week cycle; or

(v) taking a rotating day off per 4 week cycle; or

(vi) having an accumulating day off per 4 week cycle with a maximum of 5 days being accumulated over 5 such cycles.

(i) In an establishment at which at least 15 employees are employed per week on a regular basis, the employer must not roster an employee to work ordinary hours on more than 19 days per 4 week cycle.

(j) Clause 15.6(i) is subject to any agreement to the contrary between the employer and an individual employee.

(k) By agreement between the employer and an individual employee, the employee may be rostered to work:

(i) not more than 4 hours on one day per 2 week cycle; or

(ii) not more than 6 hours on one day per week; or

(iii) not more than 7 hours and 36 minutes on any day.

(l) Substitution of rostered days off

(i) With the agreement of the majority of affected employees, an employer may substitute another day or half day for a rostered day or half day off of an employee in any of the following circumstances:

· a machinery breakdown; or

· an electrical power shortage or breakdown; or

· an unexpected spike in the work required to be performed by the business; or

· another emergency situation.

(ii) A rostered day off may be changed by the employer and an employee by mutual agreement.

(m) Banking of rostered days off

(i) By agreement between the employer and an employee, up to 5 rostered days off may be banked in any one year.

(ii) A banked rostered day off may be taken at a time that is mutually convenient to the employer and the employee.

15.7 Rostering arrangements

(a) A roster period cannot exceed 4 weeks except by agreement in clause 15.6(g)(v).

(b) The employer must not roster an employee to work ordinary hours on more than 5 days per week, except as provided by clause 15.7(c).

(c) The employer may roster an employee to work ordinary hours on 6 days in one week if the employee is rostered to work ordinary hours on no more than 4 days in the following week.

(d) Consecutive days off

(i) The employer must roster an employee to work ordinary hours in such a way that they have 2 consecutive days off per week or 3 consecutive days off per 2 week cycle.

(ii) Clause 15.7(d)(i) is subject to any agreement for different arrangements entered into between the employer and an individual employee at the written request of the employee.

(iii) Different arrangements agreed under clause 15.7(d)(ii) must be recorded in the time and wages record.

(iv) The employee may end an agreement under clause 15.7(d)(ii) at any time by giving the employer 4 weeks’ notice.

(v) An employee cannot be required as a condition of employment to make a request under clause 15.7(d)(ii).

(e) Consecutive days of work

The maximum number of consecutive days on which an employee may work (whether ordinary hours or reasonable additional hours) is 6.

15.8 Employees regularly working Sundays

(a) The employer must roster an employee who regularly works Sundays in such a way that they have 3 consecutive days off (including Saturday and Sunday) per 4 week cycle.

(b) Clause 15.8(a) is subject to any agreement for different arrangements entered into by the employer and an individual employee at the written request of the employee.

(c) Different arrangements agreed under clause 15.8(b) must be recorded in the time and wages record.

(d) The employee may end an agreement under clause 15.8(b) by giving the employer 4 weeks’ notice.

(e) An employee cannot be required as a condition of employment to agree to an arrangement under clause 15.8(b).

15.9 Notification of rosters

[15.9 substituted by PR731097 ppc 01Jul21]

(a) The employer must ensure that the work roster is available to all employees, either exhibited on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

(b) The roster must show for each employee:

(i) the number of ordinary hours to be worked by them each week; and

(ii) the days of the week on which they will work; and

(iii) the times at which they start and finish work.

(c) The employer must retain a copy of each completed work roster for at least 12 months and produce it, on request, for inspection to an authorised person.

(d) Due to unexpected operational requirements, the roster of an employee other than a part-time employee may be changed by mutual agreement by the employer and the employee at any time before the employee arrives for work.

NOTE 1: Clause 10.6 deals with when the roster of a part-time employee may be changed by mutual agreement.

NOTE 2: Clause 35 contains requirements to consult with employees about roster changes.

(e) For employees other than part-time employees, the employer may make permanent roster changes at any time by giving the employee at least 7 days’ written notice of the change. If the employee disagrees with the change, the period of written notice of the change required to be given is extended to at least 14 days in total.

NOTE: Clause 10.10 deals with when the roster of a part-time employee may be changed by their employer.

(f) The employer and employee may seek to resolve a dispute about a roster change in accordance with clause 36—Dispute resolution.

(g) Clause 15.9(h) applies to an employee other than a part-time employee whose roster is changed in a particular week for a one-off event that does not constitute an emergency and then reverts to the previous roster in the following week.

(h) The employer must pay the employee at the overtime rate specified in Table 10—Overtime rates for any extra time worked by the employee because of the roster change in clause 15.9(g).

(i) An employer must not change the roster of an employee with the intention of avoiding payment of shiftwork or penalty rates, loadings or other applicable benefits. If the employer does so, the employee must be paid any shiftwork or penalty rates, loadings or benefits as if the roster had not been changed.

NOTE: See clause 27—Rostering restrictions for the rosters of shiftworkers.

16. Breaks

16.1 Clause 16 gives an employee an entitlement to meal breaks and rest breaks.

16.2 An employee who works the number of hours in any one shift specified in column 1 of Table 3—Entitlements to meal and rest break(s) is entitled to a rest break or rest breaks as specified in column 2 or a meal break or meal breaks as specified in column 3.

Table 3—Entitlements to meal and rest break(s)

Column 1 Hours worked per shift	Column 2 Breaks	Column 3 Meal breaks
4 or more but no more than 5	One 10 minute paid rest break
More than 5 but less than 7	One 10 minute paid rest break	One unpaid meal break of at least 30 minutes and not more than 60 minutes
7 or more but less than 10	Two 10 minute paid rest breaks (one to be taken in the first half of the shift and one in the second half)	One unpaid meal break of at least 30 minutes and not more than 60 minutes
10 or more	Two 10 minute paid rest breaks (one to be taken in the first half of the shift and one in the second half)	Two unpaid meal breaks of at least 30 minutes and not more than 60 minutes

NOTE 1: An employee who works less than 4 hours in a shift has no entitlement to a paid rest break.

NOTE 2: The rest breaks and meal breaks of shiftworkers are paid. See clause 26—Rest breaks and meal breaks.

16.3 The timing of rest and meal breaks and their duration are to be included in the roster and are subject to the roster provisions of this award.

16.4 In rostering rest and meal breaks, the employer must seek to ensure that the employee has meaningful breaks during work hours.

16.5 An employer cannot require an employee:

(a) to take a rest break or meal break within the first or the last hour of work; or

(b) to take a rest break combined with a meal break; or

(c) to work more than 5 hours without taking a meal break.

16.6 Breaks between work periods

(a) An employee must have a minimum break of 12 hours between when the employee finishes work on one day and starts work on the next.

(b) If an employee starts work again without having had 12 hours off work, the employer must pay the employee at the rate of 200% of the rate they would be entitled to until the employee has a break of 12 consecutive hours.

(c) The employee must not suffer any loss of pay for ordinary hours not worked during the period of a break required by clause 16.6.

(d) The employer and an individual employee or a group of employees may agree that clause 16.6 is to have effect as if it provided for a minimum break of 10 hours.

Part 4—Wages and Allowances

17. Minimum rates

[Varied by PR718821, PR726419; corrected by PR725977; varied by PR728848, PR730833, PR729257, PR731018, PR733977, PR740678, PR762112]

17.1 Adult rates

[17.1 varied by PR718821; corrected by PR725977; varied by PR729257, PR740678, PR762112 ppc 01Jul23]

An employer must pay an adult employee (other than an apprentice) the minimum hourly rate specified in column 3 or for a full-time employee the minimum weekly rate specified in column 2, in accordance with the employee classification specified in column 1 of Table 4—Minimum rates.

NOTE 1: Adult employee is defined in clause 2—Definitions.

NOTE 2: Provision for calculating rates for a junior employee is at clause 17.2.

NOTE 3: Clause 25—Rate of pay for shiftwork sets out rates of pay for shiftwork.

NOTE 4: Schedule B—Summary of Hourly Rates of Pay contains a summary of hourly rates including overtime, shiftwork and penalty rates.

Table 4—Minimum rates

Column 1 Employee classification	Column 2 Minimum weekly rate (full-time employee)	Column 3 Minimum hourly rate
	$	$
Retail Employee Level 1	939.60	24.73
Retail Employee Level 2	961.10	25.29
Retail Employee Level 3	976.00	25.68
Retail Employee Level 4	995.00	26.18
Retail Employee Level 5	1035.90	27.26
Retail Employee Level 6	1050.90	27.66
Retail Employee Level 7	1103.60	29.04
Retail Employee Level 8	1148.40	30.22

17.2 Junior rates (retail employee levels 1, 2 and 3 only)

[17.2 renamed and substituted by PR728848 ppc 01May21]

NOTE: Junior employee is defined in clause 2—Definitions.

An employer must pay a junior employee, who is classified as a retail employee level 1, 2 or 3 and aged as specified in column 1 of Table 5—Junior rates (retail employee levels 1, 2 and 3 only), the minimum percentage specified in column 2 of the minimum rate that would otherwise be applicable under Table 4—Minimum rates.

Table 5—Junior rates (retail employee levels 1, 2 and 3 only)

Column 1 Age	Column 2 % of minimum rate
15 years of age and under	45%
16 years of age	50%
17 years of age	60%
18 years of age	70%
19 years of age	80%
20 years of age and employed by the employer for 6 months or less	90%
20 years of age and employed by the employer for more than 6 months	100%

17.3 Apprentice rates

(a) An employer must pay an apprentice completing a 4 year apprenticeship who began the apprenticeship before 1 January 2014 the minimum percentage specified in column 2 of the standard weekly rate in accordance with the year of the apprenticeship specified in column 1 of Table 6—4 year apprentice minimum rates (pre-January 2014 start).

Table 6—4 year apprentice minimum rates (pre-January 2014 start)

Column 1 Year of apprenticeship	Column 2 % of the standard weekly rate
1st year	50%
2nd year	60%
3rd year	80%
4th year	90%

(b) An employer must pay an apprentice completing a 4 year apprenticeship who began the apprenticeship on 1 January 2014 or later the minimum percentage specified in column 2 or, for an apprentice who has completed year 12, the minimum percentage specified in column 3 of the standard weekly rate in accordance with the year of the apprenticeship specified in column 1 of Table 7—4 year apprentice minimum rates (start January 2014 or later).

Table 7—4 year apprentice minimum rates (start January 2014 or later)

Column 1 Year of apprenticeship	Column 2 % of the standard weekly rate if apprentice has not completed year 12	Column 3 % of the standard weekly rate if apprentice has completed year 12
1st year	50%	55%
2nd year	60%	65%
3rd year	80%	80%
4th year	90%	90%

(c) An employer must pay an apprentice completing a 3 year apprenticeship who began the apprenticeship before 1 January 2014 the minimum percentage specified in column 2 of the standard weekly rate in accordance with the year of the apprenticeship specified in column 1 of Table 8—3 year apprentice minimum rates (pre-January 2014 start).

Table 8—3 year apprentice minimum rates (pre-January 2014 start)

Column 1 Year of apprenticeship	Column 2 % of the standard weekly rate
1st year	50%
2nd year	60%
3rd year	80%

(d) An employer must pay an apprentice completing a 3 year apprenticeship who began the apprenticeship on 1 January 2014 or later the minimum percentage specified in column 2 (or, for an apprentice who has completed year 12, the minimum percentage specified in column 3) of the standard weekly rate in accordance with the year of the apprenticeship specified in column 1 of Table 9—3 year apprentice minimum rates (start January 2014 or later).

Table 9—3 year apprentice minimum rates (start January 2014 or later)

Column 1 Year of apprenticeship	Column 2 % of the standard weekly rate if apprentice has not completed year 12	Column 3 % of the standard weekly rate if apprentice has completed year 12
1st year	50%	55%
2nd year	60%	65%
3rd year	80%	80%

17.4 Adult apprentices

NOTE: Adult apprentice is defined in clause 2—Definitions.

(a) An employer must pay a first year adult apprentice who began the apprenticeship on 1 January 2014 or later and is in the first year of their apprenticeship at not less than whichever of the following is the greater:

(i) 80% of the standard weekly rate; or

(ii) the rate in either Table 7—4 year apprentice minimum rates (start January 2014 or later) or Table 9—3 year apprentice minimum rates (start January 2014 or later), as applicable, for the first year of the apprenticeship.

(b) An employer must pay an adult apprentice who commenced on 1 January 2014 or later and is in the second or a subsequent year of the apprenticeship at not less than whichever of the following is the greater:

(i) the lowest rate in Table 4—Minimum rates; or

[17.4(c) varied by PR733977 from 27Sep21]

(c) Clause 17.4(d) applies to an employee who, immediately before entering into a training agreement as an adult apprentice with an employer, had been employed by the employer as a full-time employee for not less than 6 months, or as a part-time or regular casual employee for not less than 12 months.

(d) The minimum rate that was applicable to the employee immediately before the person entered into the training agreement continues to be applicable to the employee throughout the apprenticeship.

17.5 Higher duties

(a) An employer must pay an employee who performs for more than 2 hours on any particular day or shift duties of a classification higher than the employee’s ordinary classification, the minimum hourly rate specified in column 3 of Table 4—Minimum rates for that higher classification for the whole of that day or shift.

(b) An employer must pay an employee who performs for 2 hours or less on any particular day or shift duties of a classification higher than the employee’s ordinary classification, the minimum hourly rate specified in column 3 of Table 4—Minimum rates for that higher classification for the time during which those duties were performed.

17.6 Supported wage system

For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule E—Supported Wage System.

17.7 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[17.7(b) varied by PR718821; corrected by PR725977; varied by PR729257, PR740678, PR762112 ppc 01Jul23]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the General Retail Industry Award 2020 and not the Miscellaneous Award 2020.

[Note inserted by PR723829; deleted by PR726419; inserted by PR730833; deleted by PR731018 ppc 01Sep21]

18. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 The employer may determine the pay period of an employee as being either weekly or fortnightly. However, if before 1 January 2010 the employer paid employees classified at Retail Employee Level 4 or above on a monthly pay cycle, the employer may continue that arrangement.

18.2 Wages must be paid for a pay period according to the number of hours worked by the employee in the period or they may be averaged over a fortnight.

18.3 Pay day

(a) Wages must be paid on a regular pay day.

(b) Employers must notify employees in writing about which day is the regular pay day.

(c) The regular pay day of an employee may only be changed by the employer giving the employee 4 weeks’ written notice.

18.4 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under clause 18.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 18.4(b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

19. Allowances

[Varied by PR718821, PR718977; corrected by PR725977; varied by PR729257, PR729444, PR740678, PR740850, PR762112, PR762270]

19.1 Clause 19 gives employees an entitlement to monetary allowances of specified kinds in specified circumstances.

NOTE: Schedule C—Summary of Monetary Allowances contains a summary of monetary allowances and methods of adjustment.

19.2 Meal allowance

(a) Clause 19.2 applies to an employee to whom all of the following apply:

(i) the employee is required to work overtime of more than one hour on any day after the time at which the employee ordinarily finishes work for the day; and

(ii) the employee was not given at least 24 hours’ notice of that requirement; and

(iii) the employee cannot reasonably return home for a meal within the period of the meal break.

(b) The employer must:

[19.2(b)(i) varied by PR718977, PR740850, PR762270 ppc 01Jul23]

(i) pay the employee a meal allowance of $21.57; or

(ii) supply the employee with a meal.

[19.2(c) varied by PR718977, PR740850, PR762270 ppc 01Jul23]

(c) If the number of hours worked under a requirement mentioned in clause 19.2(a)(i) exceeds 4, the employer must pay the employee a further meal allowance of $19.56.

19.3 Special clothing allowance

(a) In clause 19.3 special clothing means any article of clothing (including uniform, waterproof or other protective clothing) that the employer requires the employee to wear or that it is necessary for the employee to wear.

(b) The employer must reimburse an employee who is required to wear special clothing for the cost of purchasing any such clothing (including purchasing replacement clothing due to normal wear and tear) that is not supplied or paid for by the employer.

(c) If the employee is responsible for laundering any special clothing that is required to be worn by them, the employer must pay the employee a laundry allowance of:

(i) $6.25 per week for a full-time employee; and

(ii) $1.25 per shift for a part-time or casual employee.

19.4 Excess travelling costs

(a) Clause 19.4 applies to an employee who is required to work at a place other than their usual place of work for a period of up to 3 weeks.

(b) The employer must reimburse the employee any additional costs they incurred in travelling to and from the other place of work.

19.5 Travelling time reimbursement

(a) Clause 19.5 applies to an employee who on any day is required to work at a place other than their usual place of work.

(b) The employer must pay the employee at their ordinary rate of pay (or at 150% of that rate on a Sunday or public holiday) for time spent travelling both ways between the employee’s residence (or, if the employer provides transport from a pick up point, between that pick up point) and the other place of work in excess of the time normally spent in travelling to and from their usual place of work.

(c) The employer must also reimburse the employee any additional costs they incurred in travelling to and from the other place of work.

19.6 Moving expenses

(a) Clause 19.6 applies if an employer transfers an employee from one township to another.

(b) The employer must pay the total cost (including fares and other transport charges) of moving the employee and any member of the employee’s immediate family who reside in the employee’s household.

19.7 Motor vehicle allowance

[19.7 varied by PR729444, PR740850, PR762270 ppc 01Jul23]

If an employer requests an employee to use their own motor vehicle in performing their duties, the employer must pay the employee an allowance of $0.95 for each kilometre travelled.

19.8 Transport reimbursement

(a) Clause 19.8 applies to an employee (other than a shiftworker) to whom each of the following applies:

(i) the employee starts work before 7.00 am or starts or finishes work after 10.00 pm; and

(ii) the employee’s regular means of transport is not available; and

(iii) the employee is unable to arrange their own alternative means of transport; and

(iv) a proper means of transport to or from the employee’s usual place of residence is not provided to, or arranged for, the employee by the employer at no cost to the employee.

(b) The employer must reimburse the employee the cost they reasonably incurred in taking a commercial passenger vehicle between the place of employment and the employee’s usual place of residence.

19.9 Cold work allowance

(a) Clause 19.9 applies to an employee who is principally employed on any day to enter cold chambers or to stock or refill refrigerated storages such as dairy cases or freezer cabinets.

[19.9(b) varied by PR729257, PR740678, PR762112 ppc 01Jul23]

(b) The employer must pay the employee an allowance of $0.34 per hour while so employed.

[19.9(c) varied by PR718821; corrected by PR725977; varied by PR729257, PR740678, PR762112 ppc 01Jul23]

(c) If a cold chamber in which the employee is required to work is below 0°C, the employer must pay the employee an additional allowance of $0.52 per hour while so employed.

19.10 First aid allowance

(a) Clause 19.10 applies to an employee who:

(i) has a current first aid qualification from St John Ambulance Australia or a similar body; and

(ii) is appointed by the employer to perform first aid duty.

[19.10(b) varied by PR718821; corrected by PR725977; varied by PR729257, PR740678, PR762112 ppc 01Jul23]

(b) The employer must pay the employee an allowance of $12.94 per week.

19.11 Recall allowance

(a) Clause 19.11 applies to an employee who for any reason is recalled to work by the employer to perform specific duties on a day on which they:

(i) have completed their normal roster; or

(ii) did not work.

(b) Unless otherwise agreed between the employer and the employee, the employer must pay the employee at the appropriate rate of pay for whichever of the following is the greater:

(i) the time between when the employee leaves their place of residence until they return there;

(ii) 3 hours.

19.12 Liquor licence

[19.12 varied by PR718821; corrected by PR725977; varied by PR729257, PR740678, PR762112 ppc 01Jul23]

The employer must pay an employee who holds a liquor licence under a relevant State or Territory law an allowance of $30.85 per week.

19.13 Broken Hill

[19.13 varied by PR718821; corrected by PR725977; varied by PR729257, PR740678, PR762112 ppc 01Jul23]

The employer must pay an employee at a workplace within the County of Yancowinna in New South Wales (Broken Hill) an allowance of $1.12 per hour.

20. Superannuation

20.1 Superannuation legislation

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

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

20.2 Employer contributions

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

20.3 Voluntary employee contributions

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

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

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

20.4 Superannuation fund

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

(a) The Retail Employees Superannuation Trust (REST);

(b) Sunsuper;

(c) Statewide Superannuation Trust;

(d) Tasplan;

(e) MTAA Superannuation Fund;

(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(g) a superannuation fund or scheme which the employee is a defined benefit member of.

20.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clause 20.3(a) or 20.3(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—Overtime and Penalty Rates

21. Overtime

[Varied by PR723906; corrected by PR724574; varied by PR731097, PR763197]

21.1 Reasonable overtime

(a) Subject to section 62 of the Act and clause 21.1, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b) An employee may refuse to work overtime hours if they are unreasonable.

(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 21.1 the following must be taken into account:

(i) any risk to employee health and safety from working the additional hours;

(ii) the employee’s personal circumstances, including family responsibilities;

(iii) the needs of the workplace or enterprise in which the employee is employed;

(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(v) any notice given by the employer of any request or requirement to work the additional hours;

(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;

(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;

(viii) the nature of the employee’s role, and the employee’s level of responsibility;

(ix) whether the additional hours are in accordance with averaging terms in this award inserted pursuant to section 63 of the Act, that applies to the employee; and

(x) any other relevant matter.

21.2 Payment of overtime

[21.2(a) varied by PR723906 ppc 20Nov20]

(a) An employer must pay a full-time employee for hours worked in excess of the ordinary hours of work or outside the span of hours (excluding shiftwork) or outside the roster conditions prescribed in clause 15—Ordinary hours of work at the overtime rate specified in column 2 of Table 10—Overtime rates.

[21.2(b) substituted by PR731097 ppc 01Jul21]

(b) An employer must pay a part-time employee for hours worked in excess of their guaranteed hours as agreed in clause 10.5 or as varied under clause 10.6 or clause 10.11 at the overtime rate specified in column 2 of Table 10—Overtime rates.

(c) An employer must pay a casual employee at the overtime rate specified in column 3 of Table 10—Overtime rates (inclusive of the casual loading) for hours worked by the casual employee:

(i) in excess of 38 ordinary hours per week or, if the casual employee works in accordance with a roster, in excess of 38 ordinary hours per week averaged over the course of the roster cycle; or

(ii) outside the span of ordinary hours for each day specified in clause 15.1 (Ordinary hours of work), subject to clause 15.2; or

(iii) in excess of 11 hours on one day of the week and in excess of 9 hours on any other day of the week.

(d) Overtime is calculated on a daily basis.

(e) Overtime rate

An employer must pay an employee for overtime worked in accordance with clause 21.2 at the following rates:

Table 10—Overtime rates

Column 1 For overtime worked on	Column 2 Overtime rate Full-time and part-time employees % of minimum hourly rate of pay	Column 3 Overtime rate Casual employees % of minimum hourly rate of pay (inclusive of casual loading)
Monday to Saturday—first 3 hours	150%	175%
Monday to Saturday—after 3 hours	200%	225%
Sunday	200%	225%
Public holiday	250%	275%

[NOTE 1 varied by PR723906 ppc 20Nov20]

NOTE 1: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

[NOTE 2 inserted by PR723906 ppc 20Nov20; corrected by PR724574 ppc 20Nov20]

NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1 to the overtime rates for full-time and part-time employees prescribed by clause 21.2(e).

21.3 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 21.3 an employee who worked 2 overtime hours at the rate of 150% is entitled to 3 hours’ time off.

(c) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(d) If the employee requests at any time to be paid for overtime covered by an agreement under clause 21.3 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.3(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.3 will apply for overtime that has been worked.

[Note substituted by PR763197 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee covered by an agreement under clause 21.3 has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.3.

22. Penalty rates

[Varied by PR727385]

NOTE: Clause 22 sets out penalty rates for hours worked at specified times or on specified days.

[22.1 varied by PR727385 ppc 01Mar21]

22.1 An employer must pay an employee as follows for hours worked by the employee during a period, or on a day, specified in column 1 of Table 11—Penalty rates:

(a) for a full-time or part-time employee, at the percentage specified in column 2 of that Table of the minimum hourly rate of the employee under Table 4—Minimum rates; or

(b) for a casual employee, at the percentage specified in column 3 of that Table of the minimum hourly rate of the employee under Table 4—Minimum rates.

Table 11—Penalty rates

Column 1 Time of ordinary hours worked	Column 2 Full-time and part-time employees	Column 3 Casual employees
	% of minimum hourly rate	% of minimum hourly rate (inclusive of casual loading)
Monday to Friday—after 6.00 pm	125%	150%
Saturday—all ordinary hours	125%	150%
Sunday – all ordinary hours	150%	175%
Public holiday – all ordinary hours	225%	250%

NOTE: Schedule B—Summary of Hourly Rates of Pay sets out the hourly penalty rate for all employee classifications.

22.2 Additional provisions for work on public holidays

An employer and a full-time or part-time employee may agree that, instead of the employee being paid at an additional 125% of the minimum hourly rate of the employee under Table 4—Minimum rates for hours worked on a public holiday, the following arrangements are to apply:

(a) the employee is to be paid at the minimum hourly rate of the employee under Table 4—Minimum rates for hours worked on the public holiday; and

(b) an amount of paid time equivalent to the hours worked on the public holiday is to be added to the employee’s annual leave or the employee is to be allowed to take that time off within a period of 28 days after the public holiday. Time off not taken within that period of 28 days must be paid out.

Part 6—Shiftwork

23. Application of Part

23.1 Part 6 applies only to persons specifically employed to do shiftwork.

23.2 To avoid doubt, Part 6 does not apply to a person who is not employed to do shiftwork but who works additional hours or overtime.

24. What is shiftwork

24.1 For an employee (other than a baking production employee) shiftwork means a shift starting at or after 6.00 pm on one day and before 5.00 am on the following day.

24.2 For a baking production employee shiftwork means a shift starting at or after midnight and before 6.00 am.

24.3 Shiftwork does not include a shift which starts and finishes on the same day within the span of ordinary hours specified in this award.

24.4 All hours of work on a shift are continuous.

24.5 All time between starting and finishing work on any shift counts and must be paid for as time worked.

25. Rate of pay for shiftwork

[Varied by PR747326]

25.1 Shiftwork rates

(a) Any shiftwork between midnight Sunday and midnight Friday must be paid at the rate of 130% of the minimum hourly rate for full-time and part-time employees and at 155% of the minimum hourly rate for casual employees (inclusive of the casual loading).

(b) Any shiftwork on a Saturday must be paid at the rate of 150% of the minimum hourly rate for full-time and part-time employees and at 175% of the minimum hourly rate for casual employees, inclusive of the casual loading.

(c) Any shiftwork on a Sunday must be paid at the rate of 175% of the minimum hourly rate for full-time and part-time employees and at 200% of the minimum hourly rate for casual employees, inclusive of the casual loading.

25.2 Baking production employees—early morning shift rates

(a) A baking production employee who begins a shift at or after 2.00 am and before 6.00 am is entitled to an early morning shift rate of 112.5% of the minimum hourly rate for full-time and part-time employees and 137.5% of the minimum hourly rate for casual employees, inclusive of the casual loading.

(b) A baking production employee who begins a shift at or after midnight and before 2.00 am is entitled to a night shift rate of 130% of the minimum hourly rate for full-time and part-time employees and 155% of the minimum hourly rate for casual employees, inclusive of the casual loading.

(c) The rates set out in clauses 25.2(a) and 25.2(b) apply instead of shiftwork rates and overtime payments for all hours up to 38 hours per week and 9 hours per day.

25.3 Public holiday shift rates

(a) If an employee elects to work on a public holiday shift then the provisions set out in Table 11—Penalty rates apply for all hours of the shift.

(b) A shift must be taken to be a public holiday shift if it begins on a public holiday but ends on a day that is not a public holiday.

(c) An employee who elects not to work on a public holiday shift is entitled to be absent without loss of pay.

[25.3(d) substituted by PR747326 ppc 14Nov22]

(d) An employer and employee may agree to substitute another shift or part-shift for a shift or part-shift that would otherwise be on a public holiday under the NES.

(e) The provisions set out in Table 11—Penalty rates apply for all hours of the substitute shift.

26. Rest breaks and meal breaks

Despite clause 16.2 (Breaks), all rest breaks and meal breaks taken by shiftworkers are paid breaks and form part of the hours of work.

27. Rostering restrictions

27.1 Shiftwork rosters cannot be varied so as to avoid the public holiday entitlements of shiftworkers.

27.2 Rosters of shiftworkers cannot be arranged so as to have them do both shiftwork and work that is not shiftwork in the same week.

Part 7—Leave and Public Holidays

28. Annual leave

[Varied by PR751031]

NOTE: Where an employee is receiving over-award payments resulting in the employee’s base rate of pay being higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

28.1 Annual leave is provided for in the NES. It does not apply to casual employees.

28.2 Additional paid annual leave for certain shiftworkers

(a) &nb

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