FWO - external award viewer · Library

NOTE: Where an allowance is payable for all purposes in accordance with clause 26.2(a), the allowance forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate when calculating penalties or overtime.

appropriate level of training, in relation to an employee other than a casino gaming employee, means that the employee:

(a) has completed an appropriate training program that meets the training and assessment requirements of a qualification or one or more appropriate units of competency forming part of a training package; or

(b) has been assessed by a qualified skills assessor as having skills at least equivalent to those attained in an appropriate training program; or

(c) as at 30 June 2010, had been doing the work of a particular classification for a period of at least 3 months.

NOTE 1: The minimum classification level for an employee who has completed AQF Certificate III or higher qualifications relevant to the classification in which they are employed and who makes use of skills and knowledge derived from Certificate III competencies relevant to the work undertaken is Level 4 specified in clause 18.1—Adult rates. Any dispute about an employee’s entitlement to be paid at Level 4 must be dealt with in accordance with clause 40—Dispute resolution.

NOTE 2: See Schedule A—Classification Structure and Definitions in relation to casino gaming employees.

casino means a gaming establishment holding a casino licence under relevant State or Territory legislation and does not include a gaming facility that is a part of a hospitality establishment such as a hotel or tavern operation.

[Definition of casual employee inserted by PR733978 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

catering employer means an employer whose primary business is to provide catering services.

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).

hospitality industry is defined in clause 4.2.

junior employee means an employee who is less than 21 years of age and who is not undertaking a nationally recognised traineeship or apprenticeship.

liquor service employee means a person employed to sell or dispense liquor in bars, bottle departments or shops and includes a cellar employee.

[Definition of long term casual employee deleted by PR733978 from 27Sep21]

Managerial staff (Hotels) means an employee within the Managerial staff (Hotels) classification level as defined in Schedule A—Classification Structure and Definitions.

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 PR733978 ppc 27Sep21]

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

(d) annual leave (Division 6);

[Paragraph (e) varied by PR750483 ppc 15Mar23]

(e) personal/carer's leave, compassionate 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.

ordinary hourly rate means the minimum hourly rate for an employee plus any all-purpose allowances to which the employee is entitled.

[Definition of regular casual employee inserted by PR733978 from 27Sep21]

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

resort means an establishment that provides hotel services, accommodation and food and beverages together with access to recreation facilities for guests and includes an offshore island resort.

restaurant means a restaurant, reception centre, night club, cafe, roadhouse and includes any tea room operated in, or in connection with, a restaurant business.

rostered day off means a continuous 24 hour period between the end of the last ordinary shift, and the start of the next ordinary shift, on which an employee is rostered for duty.

shiftworker, see clause 30.2 (Annual leave).

spread of hours means the period between when an employee starts and finishes work within any period of 24 hours.

standard hourly rate means the minimum hourly rate for a Level 4 classification (Cook (tradesperson) grade 3) in Table 3—Minimum rates.

standard weekly rate means the minimum weekly rate for a Level 4 classification (Cook (tradesperson) grade 3) in Table 3—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—Entitlements to meal and rest break(s) means the Table in clause 16.2.

Table 3—Minimum rates means the Table in clause 18.1.

Table 4—Casino gaming minimum rates means the Table in clause 18.3.

Table 5—Junior employees (other than junior office employees) means the Table in clause 18.4(a).

Table 6—Junior office employees means the Table in clause 18.4(b).

Table 7—Minimum rates for junior apprentices—other than waiting apprenticeship means the Table in clause 19.1(b).

Table 8—Four year apprenticeship (nominal term) means the Table in clause 19.1(c)(i).

Table 9—Three year apprenticeship (nominal term) means the Table in clause 19.1(c)(ii).

Table 10—Minimum rates for junior apprentices—waiting apprenticeship means the Table in clause 19.2(b).

Table 11—Two year waiting apprenticeship (nominal term) means the Table in clause 19.2(c).

Table 12—Supervisory allowance means the Table in clause 26.13.

Table 13—Overtime rates means the Table in clause in clause 28.4.

Table 14—Penalty rates means the Table in clause 29.2(b).

Table 15—Employees on adult rates means the Table in clause 37.5.

Table 16—Employees on junior rates means the Table in clause 37.6.

Table 17—Period of notice means the Table in clause 41.1(b).

training agreement means the apprenticeship training arrangement, however termed, relevant to the State and Territory apprenticeship legislation entered into by an apprentice and an employer.

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

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

(a) employers in the hospitality industry throughout Australia; and

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

4.2 For the purposes of clause 4.1, hospitality industry includes:

(a) hotels; and

(b) motor inns and motels; and

(c) boarding establishments; and

(d) condominiums or similar establishments; and

(e) health or recreational farms; and

(f) private hotels, guest houses or serviced apartments; and

(g) caravan parks; and

(h) ski lodges; and

(i) holiday flats or units, ranches or farms; and

(j) hostels or any other type of residential or tourist accommodation; and

(k) wine saloons, wine bars or taverns; and

(l) liquor booths; and

(m) resorts; and

(n) caterers; and

(o) restaurants operating in, or in connection with, premises owned or operated by employers otherwise covered by this award; and

(p) casinos; and

(q) function areas or convention or similar facilities operating in, or in connection with, premises mentioned in clauses 4.2(a) to 4.2(p).

4.3 This industry award also covers:

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

(b) apprentices or trainees engaged or employed by a group training employer and hosted by an employer covered by this award to work in the hospitality industry (with a classification defined in Schedule A—Classification Structure and Definitions) 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 in the following industries or their employees:

(i) clubs registered or recognised under State or Territory legislation; and

(ii) boarding schools or residential colleges; and

(iii) hospitals; and

(iv) orphanages; and

(v) councils, county councils, municipal councils, shires, shire councils or local government bodies established under State or Territory legislation; and

(vi) catering services provided by a restaurant as an incidental business; and

(vii) theme parks; and

(viii) in-flight catering for airlines; and

(ix) restaurants covered by the Fast Food Industry Award 2010, the Registered and Licensed Clubs Award 2010 or the Restaurant Industry Award 2020; and

(x) contract cleaning undertaken by companies not operating exclusively in the hospitality industry; and

(xi) catering services provided by employers in the aged care industry (except where these services are provided for or within an aged care facility by employers otherwise covered by this award); and

(xii) contract security, contract gardening or contract maintenance provided by an external provider, whose primary business falls outside the hospitality operation; and

(xiii) businesses primarily concerned with the sale of petroleum or mixed functions involving the sale of petroleum.

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 hospitality 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 PR763203 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 40—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:
15.3(b) & 15.3(c)	Catering in remote locations	the majority of employees
15.4(a)	Make-up time (introduction of system of make-up time)	the majority of employees
15.4(b)	Make-up time (agreement to take make-up time)	an individual employee
23.1	Weekly or fortnightly pay periods	an individual employee
23.2	Payment of wages	the majority of employees
28.5	Time off instead of payment for overtime	an individual employee
29.4(d)	Additional provisions for work on public holidays	an individual employee
30.9	Annual leave in advance	an individual employee
30.10	Cashing out of annual leave	an individual employee
35.2	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 of their engagement, including whether they are engaged as a full-time, part-time or casual employee.

9. Full-time employees

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

NOTE: Clause 15.1 sets out work arrangement options for working the required average of 38 ordinary hours per week.

10. Part-time employees

10.1 Classifications

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

10.2 Definition of part-time employee

A part-time employee is an employee who:

(a) is engaged to work at least 8 and fewer than 38 ordinary hours per week (or, if the employer operates a roster, an average of at least 8 and fewer than 38 hours per week over the roster cycle); and

(b) has reasonably predictable hours of work.

10.3 A part-time employee is entitled, on a proportionate basis, to the same pay and conditions as those of full-time employees who do the same kind of work.

10.4 Setting guaranteed hours and availability

At the time of engaging a part-time employee, the employer must agree in writing with the employee on all of the following:

(a) the number of hours of work which is guaranteed to be provided and paid to the employee each week or, where the employer operates a roster, the number of hours of work which is guaranteed to be provided and paid to the employee over the roster cycle (the guaranteed hours); and

(b) the days of the week on which, and the hours on those days during which, the employee is available to work the guaranteed hours (the employee’s availability).

10.5 Any change to a part-time employee’s guaranteed hours may only be made with the written consent of the employee.

10.6 Rostering

The employer may roster a part-time employee to work their guaranteed hours and any additional hours in accordance with clause 15.2—Part-time employees and clause 15.5—Rosters (Full-time and part-time employees).

10.7 However, a part-time employee:

(a) must not be rostered to work any hours outside the employee’s availability; and

(b) must have 2 days off each week.

10.8 Increasing guaranteed hours to match regular work pattern

If a part-time employee has regularly worked a number of ordinary hours in excess of their guaranteed hours for at least 12 months, then they may request in writing that the employer agree to increase their guaranteed hours.

10.9 If the employer agrees to a request under clause 10.8, then the employer and the part-time employee must vary the agreement made under clause 10.4 to reflect the employee’s new guaranteed hours. The variation must be recorded in writing before it occurs.

10.10 The employer may only refuse a request under clause 10.8 on reasonable business grounds. The employer must notify the part-time employee in writing of a refusal and the grounds for it.

10.11 Change in employee’s circumstances that changes their availability

If there is a genuine and ongoing change in the part-time employee’s personal circumstances, then they may alter the times they are available by giving 14 days’ written notice of the alteration to the employer.

10.12 If the employer cannot reasonably accommodate the alteration to the part-time employee’s availability under clause 10.11, then (regardless of clause 10.5):

(a) the part-time employee’s guaranteed hours agreed under clause 10.4 cease to apply; and

(b) the employer and the part-time employee must agree a new set of guaranteed hours under clause 10.4.

10.13 Payment rates

(a) An employer must pay a part-time employee for ordinary hours worked in accordance with clause 18—Minimum rates.

(b) An employer must pay a part-time employee at the rates prescribed in clause 28.4—Overtime rate for all time worked in excess of:

(i) 38 hours per week or, if the employee works in accordance with a roster, an average of 38 hours per week over the roster cycle; or

(ii) the maximum daily hours limitations specified in clause 15.2—Part-time employees; or

(iii) the employee’s rostered hours.

10.14 Pre 1 January 2018 agreed pattern of work

A part-time employee who, immediately before 1 January 2018, had a written agreement with their employer on a regular pattern of work, is entitled to continue to be rostered in accordance with that agreement but may enter into a new written agreement under clause 10.4.

11. Casual employees

[Varied by PR733978]

[11.1 deleted by PR733978 from 27Sep21]

[11.2 renumbered as 11.1 by PR733978 from 27Sep21]

11.1 An employer must pay a casual employee for each hour worked a loading of 25% in addition to the ordinary hourly rate.

[11.3 renumbered as 11.2 by PR733978 from 27Sep21]

11.2 A casual employee must be engaged to work:

(a) a maximum of 12 hours per day or per shift; or

(b) a maximum of 38 hours per week or, if the casual employee works in accordance with a roster, an average of 38 hours per week over the roster cycle (which may not exceed 4 weeks).

[11.4 renumbered as 11.3 by PR733978 from 27Sep21]

11.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

[11.5 renumbered as 11.4 by PR733978 from 27Sep21]

11.4 An employer must pay a casual employee at the rates prescribed in clause 28.4—Overtime rate for all time worked in excess of the hours prescribed in clause 11.2.

[11.6 renumbered as 11.5 by PR733978 from 27Sep21]

11.5 An employer must pay a casual employee at the end of each engagement unless the employer and the employee have agreed that the pay period of the employee is either weekly or fortnightly.

11.6 Offers and requests for casual conversion

[11.7 renumbered as 11.6 and renamed and substituted by PR733978 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 40—Dispute resolution.

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 an employee except as otherwise expressly provided by this award.

12.4 An employer must pay an apprentice in accordance with clause 19—Apprentice rates.

12.5 An employer must not require an apprentice under the age of 18 to work overtime or shiftwork. However, an apprentice may agree to work overtime or shiftwork if requested to do so.

12.6 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 agreement.

12.7 Training

(a) An employer must release an apprentice from work to attend training or any assessment in accordance with their training agreement 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 agreement 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 12.7(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 12.7(c) is subject to the employer being satisfied that the apprentice is making satisfactory progress in the apprenticeship.

12.8 Block release training

(a) Clause 12.8 applies to an apprentice who is required to attend block release training in accordance with their training agreement.

(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 12.8(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 12.8(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 12.8(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 12.8(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 12.8(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.

12.9 Competency-based progression

(a) For the purpose of competency-based wage progression in 19—Apprentice rates

Column 1 Age	Column 2 % of minimum rate
15 years of age and under	45%
16 years of age	55%
17 years of age	65%
18 years of age	75%
19 years of age	90%
20 years of age	100%

(b) Apprentice rates an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 19—Apprentice rates

Column 1 Age	Column 2 % of minimum rate
15 years of age and under	45%
16 years of age	55%
17 years of age	65%
18 years of age	75%
19 years of age	90%
20 years of age	100%

(ii) Apprentice rates for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(iii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iv) either:

(A) the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or

(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(c) If the employer disagrees with the assessment of the RTO referred to in clause 12.9(b)(iv)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(d) For the purposes of this clause, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of this clause is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(e) The apprentice will be paid the wage rate referred to in clause 12.9(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 12.9(b)(iv) or on a date as determined under the dispute resolution process in clause 12.9(c).

(f) If the apprentice disagrees with the assessment of the RTO referred to in clause 12.9(a), and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the apprentice may refer the matter to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

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 18.4—Junior rates.

13.3 An employer must not require an employee under 18 years of age to work more than 10 hours in a shift.

13.4 Where the law permits, junior employees may work in a bar or other place where liquor is sold or dispensed.

13.5 Junior employees working as liquor service employees must be paid as an adult in accordance with Table 3—Minimum rates at the classification rate for the work being performed.

13.6 An employer may at any time demand that a junior employee produce a birth certificate or other satisfactory proof of age. If the employer demands a birth certificate, the employer must pay the cost of obtaining the certificate.

14. Classifications

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

NOTE: The minimum rates applicable to the classifications in this award are in clause 18—Minimum rates.

Part 3—Hours of Work

15. Ordinary hours of work and rostering arrangements

15.1 Full-time employees

(a) The employer and a full-time employee must agree on the arrangement for working the average of 38 ordinary hours per week required for full-time employment.

(b) The average of 38 hours per week is to be worked in one of the following ways:

(i) a 19 day month, of 8 hours per day;

(ii) 4 days of 8 hours and one day of 6 hours;

(iii) 4 days of 9.5 hours per day;

(iv) 5 days of 7 hours and 36 minutes per day;

(v) 76 hours over a 2 week period with a minimum of 4 days off each 2 week period;

(vi) 152 hours each 4 week period with a minimum of 8 days off each 4 week period;

(vii) 160 hours each 4 week period with a minimum of 8 days off each 4 week period plus an accrued day off;

(viii) any combination of the ways set out in clauses 15.1(b)(i) to 15.1(b)(vii).

(c) The arrangement agreed must adopt one of the options mentioned in clause 15.1(b) and must satisfy the following conditions:

(i) the minimum number of ordinary hours that may be worked on any day is 6 (excluding meal breaks); and

(ii) the maximum number of ordinary hours that may be worked on any day is 11.5 (excluding meal breaks); and

(iii) an employee who is rostered to work more than 10 ordinary hours on more than 3 consecutive days is entitled to a break of at least 48 hours after the last consecutive day on which the employee works more than 10 ordinary hours; and

(iv) the maximum number of days on which an employee may work more than 10 ordinary hours in a 4 week cycle is 8; and

(v) the maximum spread of hours for an employee who works split shifts is 12; and

(d) In addition to the conditions set out in clause 15.1(c), an arrangement that adopts the option of working 152 hours per 4 week cycle with at least 8 days off as set out in clause 15.1(b)(vi) must satisfy the following conditions:

(i) the employer must not roster an employee to work on more than 10 consecutive days without a rostered day off; and

(ii) if an employer rosters an employee to work on more than 20 days in a 4 week period, the employer must pay the employee at the overtime rate for each day worked in excess of 20 in that period.

(e) In addition to the conditions set out under clause 15.1(c), where the agreed hours of work arrangement provides for 160 hours per 4 week period with an accrued day off, the arrangement will be subject to the following:

(i) No employee is to work more than 10 days in a row without a rostered day off.

(ii) Where practicable an accrued day off must be contiguous with an employee’s rostered days off.

(iii) Accrued days may be banked, up to a maximum of 5 days.

(iv) An employee may elect, with the consent of the employer, to take an accrued day off in part day amounts.

(v) If an accrued day off falls on a public holiday then, where practicable, the next day is to be taken as the accrued day off.

(vi) The entitlement to an accrued day off at the employee’s ordinary hourly rate is subject to the following:

(A) each day of paid leave, except annual leave and long service leave, and any public holiday occurring during the 4 week cycle must be regarded as a day worked for accrual purposes; and

(B) an employee who has not worked a complete 4 week cycle in order to accrue an accrued day off must be paid a pro rata amount for credits accrued for each day worked in the cycle. The pro rata amount is 24 minutes pay for each 8 hour day worked.

15.2 Part-time employees

A part-time employee’s rostered hours of work under clause 10.6 must meet the following conditions:

(a) the minimum number of ordinary hours that may be worked on any day is 3 (excluding meal breaks); and

(b) the maximum number of ordinary hours that may be worked on any day is 11.5 (excluding meal breaks); and

(c) an employee who is rostered to work more than 10 ordinary hours on more than 3 consecutive days is entitled to a break of at least 48 hours after the last consecutive day on which the employee works more than 10 ordinary hours; and

(d) the maximum number of days on which an employee may work more than 10 ordinary hours in a 4 week cycle is 8; and

(e) the maximum spread of hours for an employee who works split shifts is 12.

15.3 Catering in remote locations

(a) Clause 15.3 applies to employers providing catering services to clients in remote locations and their employees.

(b) Despite clause 15.1, the employer and the majority of employees at a workplace may agree to schedule work over consecutive recurring cycles followed by consecutive non-working days.

(c) The employer and the majority of employees at the workplace may agree to vary a schedule of work under clause 15.3(b).

(d) The maximum number of ordinary hours that may be worked during a cycle must not exceed 40 multiplied by the number of working and non-working weeks in the cycle.

(e) An employer who rosters an employee to work any time in excess of the total number of ordinary hours in an agreed schedule of work under clause 15.3(b) must pay the employee at the overtime rate for any time worked in excess of that total number.

(f) An employer must pay an employee at the overtime rate for any time worked in excess of 8 hours per day.

(g) Wages may be paid according to the average number of hours per week in a roster cycle instead of the actual number of ordinary hours worked in any particular week of the cycle.

(h) An employee accrues days off as set out in clause 15.1(b)(vii).

(i) An employee is not entitled to payment for non-working days other than accrued rostered days off.

15.4 Make-up time

(a) The employer and the majority of employees at a workplace may agree to introduce an arrangement at the workplace under which an employee takes time off during the employee’s ordinary hours of work and makes up that time later.

(b) If an agreement under clause 15.4(a) has been made for a workplace, an employee may elect, with the consent of the employer, to take time off and make up that time later.

(c) An employee working make-up time is entitled to breaks in accordance with clause 16—Breaks.

(d) If make-up time is worked at a time when penalty rates are applicable under clause 29—Penalty rates, the employer must pay the employee in accordance with Table 14—Penalty rates for that time.

(e) The employer must keep a record of make-up time arrangements as a time and wages record.

15.5 Rosters (Full-time and part-time employees)

(a) The following rostering provisions apply to full-time and part-time employees.

(b) The employer must prepare a roster showing for each employee their name and the times at which they start and finish work.

(c) The employer must post the roster in a conspicuous place that is easily accessible by the employees.

(d) The roster of an employee may be changed at any time by the employer and employee by mutual agreement or by the employer giving the employee 7 days’ notice of the change.

(e) An employee must have a minimum break of 10 hours between when the employee finishes ordinary hours on one day and starts ordinary hours on the next and a minimum break of 8 hours for a changeover of rosters.

15.6 Alteration of rosters and notice of days off

(a) The roster may be altered by mutual consent at any time or by amendment of the roster on 7 days’ notice.

(b) Where practicable 2 weeks’ notice of rostered day or days off or of accrued day or days off should be given, provided that the days off may be changed by mutual consent or through sickness or other cause over which the employer has no control.

16. Breaks

16.1 Clause 16 deals with meal breaks and rest breaks and gives an employee an entitlement to them in specified circumstances.

16.2 Frequency of breaks

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

Table 2—Entitlements to meal and rest break(s)

Column 1 Hours worked per shift	Column 2 Breaks
More than 5 hours and up to 6	Elective unpaid meal break of up to 30 minutes in accordance with clause 16.4—Request for unpaid meal break.
More than 6 hours and up to 8	An unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work).
More than 8 hours and up to 10	An unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work). One 20 minute paid rest break (may be taken as two 10 minute paid rest breaks).
More than 10 hours	An unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work). Two 20 minute paid rest breaks.

16.3 When the employer rosters an employee’s breaks, they must make all reasonable efforts to ensure that breaks are spread evenly across the employee’s shift.

16.4 Request for unpaid meal break

(a) An employee working a shift of more than 5 and up to 6 hours who elects to take an unpaid meal break must request the break in writing no later than the start of their shift. The employer must not unreasonably refuse the employee’s request.

(b) A request under clause 16.4(a) applies to all shifts of more than 5 hours worked by that employee unless otherwise agreed between the employee and the employer.

(c) The arrangement may be reviewed at any time.

16.5 Employer to pay higher rate if break not allowed

If, during an employee’s shift of more than 6 hours, the employer does not allow the employee to take an unpaid meal break, then the employer must pay the employee at the rate that applies under clause 16.6:

(a) from 6 hours after the employee started work on that shift;

(b) until either the employee is given a break or the shift ends.

16.6 If an employee is not allowed to take an unpaid meal break in accordance with clause 16.2 during a shift of more than 6 hours, the employer must pay the employee 50% of the employee’s ordinary hourly rate extra from the end of 6 hours after starting work until either the employee is allowed to take the break or the shift ends.

EXAMPLE:

Mary is a full-time employee whose ordinary hourly rate is $20.00 an hour. She is working an 8 hour shift.

Under Table 2—Entitlements to meal and rest break(s), she is entitled to “an unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work)”.

If she has been working for 6 hours and has not been allowed a break, then she becomes entitled to be paid the higher rate under clauses 16.5 and 16.6.

If the shift is a normal mid-week shift on which Mary is paid her ordinary hourly rate of $20.00, then from when she has worked 6 hours until she is allowed to take a break or her shift ends, the employer is to pay her:

(a) her ordinary hourly rate of $20.00;

(b) plus 50% of her ordinary hourly rate, which is $10.00.

Mary is to be paid $30.00 an hour after she has worked for 6 hours until she is allowed to take a break or the shift ends.

If the shift is a Sunday shift on which Mary is paid 150% of her ordinary hourly rate of $20.00, then from when she has worked 6 hours until she is allowed to take a break or her shift ends, the employer is to pay her:

(a) her Sunday shift rate of $30.00 (being 150% of her ordinary hourly rate of $20.00);

(b) plus 50% of her ordinary hourly rate, which is $10.00.

Mary is to be paid $40.00 an hour after she has worked for 6 hours until she is allowed to take a break or the shift ends.

16.7 Additional rest break

An employer must give an employee an additional paid rest break of 20 minutes if the employer requires the employee to work more than:

(a) 5 continuous hours after an unpaid meal break; or

(b) 2 hours’ overtime after the employee finishes their rostered hours.

NOTE: For the purposes of clause 16.7(b) the overtime worked does not compound on the break entitlements under clause 16.2.

EXAMPLE: An employee who works a 7 hour shift, followed by 3 hours of overtime will be entitled to breaks as follows:

(a) for the 7 hour shift, an unpaid meal break of no less than 30 minutes under clause 16.2; and

(b) for the 3 hours of overtime, an additional 20 minute paid rest break under clause 16.7(b).

Part 4—Wages and Allowances

17. Work organisation

An employer may require an employee to perform duties across the different classification streams set out in Schedule A—Classification Structure and Definitions that they are competent to perform.

18. Minimum rates

[Varied by PR718826, PR729263, PR743406, PR740684, PR762117]

18.1 Adult rates

[18.1 varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

An employer must pay an adult employee (other than an apprentice) the rate applicable to the employee classification specified in column 1 of Table 3—Minimum rates for ordinary hours of work as follows:

(a) for a full-time employee, the minimum weekly rate specified in column 3; or

(b) for a part-time employee, the minimum hourly rate specified in column 4.

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

NOTE 2: Provisions for calculating rates for an employee aged under 21 years are at clause 18.4.

Table 3—Minimum rates

Column 1 Employee classification	Column 2 Employee stream and grade	Column 3 Minimum weekly rate (full-time employee)	Column 4 Minimum hourly rate
		$	$
Introductory level		859.30	22.61
Level 1	Food and beverage attendant grade 1; Guest service grade 1; Kitchen attendant grade 1	882.80	23.23
Level 2	Clerical grade 1; Cook grade 1; Door person/security officer grade 1; Food and beverage attendant grade 2; Front office grade 1; Gardener grade 1; Guest service grade 2; Kitchen attendant grade 2; Leisure attendant grade 1; Storeperson grade 1	914.90	24.08
Level 3	Clerical grade 2; Cook grade 2; Food and beverage attendant grade 3; Fork-lift driver; Front office grade 2; Gardener grade 2; Guest service grade 3; Handyperson; Kitchen attendant grade 3; Leisure attendant grade 2; Storeperson grade 2; Timekeeper/security officer grade 2	945.00	24.87
Level 4	Clerical grade 3; Cook (tradesperson) grade 3; Food and beverage attendant (tradesperson) grade 4; Front office grade 3; Gardener grade 3 (tradesperson); Guest service grade 4; Leisure attendant grade 3; Storeperson grade 3	995.00	26.18
Level 5	Clerical supervisor; Cook (tradesperson) grade 4; Food and beverage supervisor; Front office supervisor; Gardener grade 4 (tradesperson); Guest service supervisor	1057.40	27.83
Level 6	Cook (tradesperson) grade 5	1085.60	28.57

NOTE 3: Provisions for calculating rates for casual employees are at clause 11—Casual employees.

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

18.2 Managerial staff (Hotels)

[18.2 varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

An employer must pay an employee within the Managerial Staff (Hotels) classification level as defined by Schedule A—Classification Structure and Definitions a minimum annual salary of $56,557.

18.3 Casino gaming classifications

[18.3 varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

An employer must pay an adult employee (other than an apprentice) the rate applicable to the employee classification specified in column 1 of Table 4—Casino gaming minimum rates as defined by the Casino Gaming Stream in Schedule A—Classification Structure and Definitions for ordinary hours of work as follows:

(a) for a full-time employee, the minimum weekly rate specified in column 3; or

(b) for a part-time employee, the minimum hourly rate specified in column 4.

Table 4—Casino gaming minimum rates

Column 1 Employee classification	Column 2 Employee stream and grade	Column 3 Minimum weekly rate (full-time employee)	Column 4 Minimum hourly rate
		$	$
Introductory level		882.80	23.23
Level 1	Casino electronic gaming employee grade 1	933.70	24.57
Level 2	Casino electronic gaming employee grade 2; Casino equipment technician grade 1; Casino table gaming employee grade 1; Customer liaison officer; Gaming finance employee grade 1	963.80	25.36
Level 3	Casino equipment technician grade 2; Gaming finance employee grade 2; Security officer grade 1	995.00	26.18
Level 3A	Casino table gaming employee grade 2	1041.70	27.41
Level 4	Casino equipment technician grade 3; Gaming finance employee grade 3; Security officer grade 2	1057.40	27.83
Level 5	Casino table gaming employee grade 3; Gaming finance employee grade 4	1088.90	28.66
Level 6	Casino table gaming employee grade 4; Gaming finance employee grade 5; Surveillance operator	1120.20	29.48

NOTE: Provisions for calculating rates for casual employees are at clause 11—Casual employees.

18.4 Junior rates

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

[18.4(a) varied by PR743406 ppc 11Jul22]

(a) Junior employees (other than junior office employees)

An employer must pay a junior employee, who is not a junior office employee, aged as specified in column 1 of Table 5—Junior employees (other than junior office employees) the minimum percentage specified in column 2 of the minimum rate that would otherwise be applicable under Table 3—Minimum rates or Table 4—Casino gaming minimum rates.

Table 5—Junior employees (other than junior office employees)

Column 1 Age	Column 2 % of minimum rate
16 years of age and under	50%
17 years of age	60%
18 years of age	70%
19 years of age	85%
20 years of age	100%

(b) Junior office employees

An employer must pay a junior office employee aged as specified in column 1 of Table 6—Junior office employees the minimum percentage specified in column 2 of the minimum rate that would otherwise be applicable under Table 3—Minimum rates.

Table 6—Junior office employees

Column 1 Age	Column 2 % of minimum rate
15 years of age and under	45%
16 years of age	55%
17 years of age	65%
18 years of age	75%
19 years of age	90%
20 years of age	100%

19. Apprentice rates

[Varied by PR718826, PR733978, PR729263, PR740684, PR762117]

19.1 Junior apprentices—other than waiting apprenticeship

(a) An employer must pay an employee who has completed a full apprenticeship for which there is a trade qualified classification provided for in this award no less than the standard hourly rate for each hour worked.

[19.1(b) varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

(b) Except where clause 19.1(c) applies, an employer must pay an apprentice (other than an adult apprentice) in a trade other than the waiting trade for their ordinary hours of work not less than the percentage of the standard weekly rate divided by 38 for each hour worked, as specified in Table 7—Minimum rates for junior apprentices—other than waiting apprenticeship in accordance with the year of apprenticeship specified in column 1, as follows:

Table 7—Minimum rates for junior apprentices—other than waiting apprenticeship

Column 1 Year of apprenticeship	Column 2 % of standard weekly rate	Column 3 Minimum weekly rate (full-time employee)	Column 4 Minimum hourly rate
		$	$
1st year	55%	547.25	14.40
2nd year	65%	646.75	17.02
3rd year	80%	796.00	20.95
4th year	95%	945.25	24.88

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

Where the relevant apprenticeship legislation allows competency-based progression and the training contract does not specify otherwise, an employee apprenticed in a trade after 23 January 2020 will be paid the percentage of the standard weekly rate divided by 38 for each hour worked, in accordance with the following tables:

(i) Table 8—Four year apprenticeship (nominal term)

Stage of apprenticeship	Minimum training requirements on entry	% of standard weekly rate
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 2	55
Stage 2	On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing the apprenticeship, whichever is the earlier	65
Stage 3	On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing Stage 2, whichever is the earlier	80
Stage 4	On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing Stage 3, whichever is the earlier.	95

(ii) Table 9—Three year apprenticeship (nominal term)

Stage of apprenticeship	Minimum training requirements on entry	% of standard weekly rate
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 2	55
Stage 2	On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 9 months after commencing the apprenticeship, whichever is the earlier.	65
Stage 3	On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 9 months or after commencing Stage 2, whichever is the earlier	80
Stage 4	On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 9 months after commencing Stage 3, whichever is the earlier.	95

19.2 Junior apprentices—waiting apprenticeship

(a) An employer must pay an employee who has completed a full apprenticeship as a qualified tradesperson no less than the standard weekly rate divided by 38 for each hour worked.

[19.2(b) varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

(b) Except where clause 19.2(c) applies, employer must pay an apprentice (other than an adult apprentice) in the waiting trade for their ordinary hours of work not less than at the percentage of the standard weekly rate divided by 38 for each hour worked, as specified in Table 10—Minimum rates for junior apprentices—waiting apprenticeship in accordance with the stages of the apprenticeship specified in column 1 as follows:

Table 10—Minimum rates for junior apprentices—waiting apprenticeship

Column 1 Stage of apprenticeship	Column 2 How minimum weekly rate is calculated	Column 3 Minimum weekly rate (full-time employee)	Column 4 Minimum hourly rate
		$	$
1st 6 months	70% of the standard weekly rate	696.50	18.33
2nd 6 months	85% of the standard weekly rate	845.75	22.26
3rd 6 months	Midway between the minimum rate prescribed for Food and beverage attendant grade 2 in Table 3—Minimum rates and the standard weekly rate	954.95	25.13
4th 6 months	Midway between the rate specified for the 3rd 6 months and the standard weekly rate	974.98	25.66

Where the relevant apprenticeship legislation allows competency-based progression and the training agreement does not specify otherwise, an employee apprenticed in the waiting trade after 23 January 2020 will be paid the percentage of the standard weekly rate divided by 38 for each hour worked, in accordance with the following table:

Table 11—Two year waiting apprenticeship (nominal term)

Stage of apprenticeship	Minimum training requirements on entry	% of standard weekly rate
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 2	70
Stage 2	On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 6 months after commencing the apprenticeship, whichever is the earlier.	85
Stage 3	On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 6 months after commencing Stage 2, whichever is the earlier.	Midway between the total weekly rate prescribed for food and beverage attendant grade 2 (waiter) in clause 18.1 and the standard weekly rate
Stage 4	On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 6 months after commencing Stage 3, whichever is the earlier.	Midway between the total weekly rate prescribed for stage 3, above, and the standard weekly rate

19.3 Proficiency payments—cooking trade

(a) Application

Proficiency pay as set out in clause 19.3(b) will apply to apprentices who have successfully completed their schooling in a given year.

(b) Payments

Apprentices must receive the standard hourly rate during the latter half of the 4th year of the apprenticeship where the standard of proficiency has been attained on one, 2 or 3 occasions on the following basis:

(i) one occasion only:

· for the first 9 months of the 4th year of apprenticeship, the normal 4th year rate of pay;

· thereafter, the standard hourly rate.

(ii) on 2 occasions:

· for the first 6 months of the 4th year of apprenticeship, the normal 4th year rate of pay;

· thereafter, the standard hourly rate.

(iii) on all 3 occasions:

· for the entire 4th year, the standard hourly rate.

19.4 Proficiency payments—waiting trade

(a) Application

Proficiency pay as set out in clause 19.4(b) will apply to Level 2 apprentices who have successfully completed their schooling in the first year.

(b) Payments

Apprentices who have attained the standard of proficiency in their first year must receive the standard hourly rate for each ordinary hour worked during the latter half of the 2nd year of apprenticeship.

19.5 Adult apprentices

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

(a) An employer must pay an adult apprentice who commenced on or after 1 January 2014 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 clause 19.1 or 19.2, as applicable, for the first year of the apprenticeship.

(b) An employer must pay an adult apprentice who commenced on or after 1 January 2014 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 3—Minimum rates;

(ii) the rate in either clause 19.1 or 19.2, as applicable, for the relevant year of the apprenticeship.

[19.5(c) varied by PR733978 from 27Sep21]

(c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum hourly rate by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship.

(d) For the purposes only of fixing a minimum rate in clause 19.5(c), the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 18.1 or 18.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

20. 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.

21. National training wage

[Varied by PR720159, PR723829, PR718826, PR726419, PR730832, PR729263, PR731022, PR742740, PR740684, PR742741, PR762117]

[21.1 varied by PR720159 ppc 18Jun20]

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

[21.2 varied by PR720159, PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

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

[Note inserted by PR723829 ppc 01Nov20; deleted by PR726419; inserted by PR730832; deleted by PR731022; inserted by PR742740; deleted by PR742741 ppc 01Oct22]

22. Higher duties

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

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

22.3 An employer may require an employee to temporarily perform the duties of a classification lower than the employee’s ordinary classification without loss of pay.

23. 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.

23.1 The employer and an individual employee may agree to a weekly or fortnightly pay period. However, the employer may determine that the pay period of an employee to whom clause 24—Annualised wage arrangements or clause 25—Salaries absorption (Managerial Staff (Hotels)) applies is monthly.

23.2 Except on termination of employment, wages may be paid on any day of the week other than a Friday, Saturday or Sunday. However, if the employer and the majority of employees at a workplace agree, wages may be paid on the Friday of a week during which there is a public holiday.

23.3 The employer and an individual employee may agree to wages being paid, without cost to the employee, by cash, cheque or electronic funds transfer into a bank account nominated by the employee. However, an employer may determine to pay an employee by cash.

23.4 An employee paid by cash or cheque who has to wait at the workplace to be paid for more than 15 minutes is entitled to be paid at the overtime rate for any time longer than 15 minutes spent so waiting.

23.5 An employee paid by cash or cheque who has a rostered day off or accrued day off on a pay day must be paid, at the employee’s election, before going off duty on their last day at work before their rostered day off or accrued day off.

23.6 Payment on termination of employment

(a) Subject to clause 23.6(b), 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) Where a casual employee is paid at the end of each engagement pursuant to clause 11.5 of this Award, and that employee’s employment is terminated, the employer must pay the employee their wages due under the award at the end of their last engagement.

(c) The requirement to pay wages and other amounts under clause 23.6(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 23.6(c) allows the Commission to make an order delaying the requirement to make a payment under clause 23.6. 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.

24. Annualised wage arrangements

[24—Annualised salary arrangements renamed and substituted by PR740701 ppc 01Sep22]

24.1 Clause 24 applies to all employees other than those within the Managerial Staff (Hotels) classification level as defined by Schedule A—Classification Structure and Definitions.

24.2 Annualised wage instead of award provisions

(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage of an amount that is at least 25% more than the minimum wage prescribed in clause 18 multiplied by 52 for the work being performed in satisfaction, subject to clause 24.2(a)(vi), of any or all of the following provisions of the award:

(i) clause 18—Minimum rates;

(ii) clause 26—Allowances;

(iii) clause 28—Overtime;

(iv) clause 29—Penalty rates

(v) clause 30.3—Payment for annual leave loading; and

(vi) clause 35.335.3(a)—Additional public holiday arrangements for full-time employees

(b) The employee must not be required by the employer in any roster cycle to work in excess of:

(i) an average of 18 ordinary hours which would attract a penalty rate under clause 29.2(a) of this award per week, excluding hours worked between 7.00pm to midnight; or

(ii) an average of 12 overtime hours per week in excess of ordinary hours

without being entitled to an amount in excess of the annualised wage in accordance with clause 24.2(c).

(c) If in a roster cycle an employee works any hours in excess of either of the outer limit amounts specified in clause 24.2(b), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d) Where a written agreement for an annualised wage arrangement is entered into, the agreement must specify:

(i) the annualised wage that is payable;

(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a roster cycle under clause 24.2(a)(vi) without being entitled to an amount in excess of the annualised wage in accordance with clause 24.2(c).

(e) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(f) The agreement may be terminated:

(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

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

24.3 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 24.3(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

24.4 Base rate of pay for employees on annualised wage arrangements

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 18—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

25. Salaries absorption (Managerial Staff (Hotels))

25.1 Clause 25 applies to all employees within the Managerial Staff (Hotels) classification level as defined by Schedule A—Classification Structure and Definitions who are paid a salary that is at least 125% of the minimum annual salary in clause 18.2—Managerial staff (Hotels).

25.2 An employee is not entitled to the benefit of the terms and conditions within the following clauses:

(a) Clause 10—Part-time employees;

(b) Clause 15—Ordinary hours of work and rostering arrangements

(c) Clause 16—Breaks;

(d) Clause 26—Allowances;

(e) Clause 28—Overtime;

(f) Clause 29—Penalty rates;

(g) Clause 30.3—Payment for annual leave loading;

(h) Clause 35.3—Additional public holiday arrangements for full-time employees;

(i) Clause 37—Deductions for provision of employee accommodation and meals.

25.3 An employee must be rostered to have a minimum of 8 days off duty during each 4 week cycle of work.

25.4 An employee who is required to work on a public holiday is entitled to paid time off of equal length to the time worked on the public holiday.

25.5 The paid time off mentioned in clause 25.4 must be taken within 28 days after the entitlement is accrued.

25.6 Despite the requirement to take time off within 28 days of accruing it in clause 25.5 an employee and an employer may agree to extend the period for taking the accrued time off to within 6 months of its accrual subject to the following:

(a) The agreement is recorded in writing and retained as an employee record;

(b) The accrued time off is taken at a time or times within the period of 6 months agreed by the employee and the employer;

(c) If the accrued time off is not taken within the period of 6 months, the employer must pay the employee for the accrued time off in the next pay period following those 6 months; and

(d) If, on the termination of the employee’s employment, accrued time off for working on a public holiday has not been taken, the employer must pay the employee for the accrued time off.

25.7 Any calculation required to be made under this award to determine hourly amounts payable to an employee must be made by reference to the weekly equivalent of the annual salary of the employee. The weekly equivalent is determined by dividing the annual salary by 52 and rounding the result to the nearest $0.10.

25.8 Subject to compliance with any reimbursement policy approved by the employer, the employer must reimburse an employee for any money reasonably spent by the employee for and on behalf of the employer.

26. Allowances

[Varied by PR718826, PR718981, PR729263, PR729448, PR740684, PR740855, PR762117, PR762280]

26.1 Clause 26 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.

26.2 All-purpose allowances

(a) Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.

(b) The fork-lift driver allowance in clause 26.3 and the airport supervisory allowance in clause 26.13 are paid for all purposes under this award.

26.3 Fork-lift driver allowance

[26.3(a) varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

(a) In addition to the minimum hourly rate set out in clause 18.1, an employer must pay an employee who is engaged to drive a fork-lift an all-purpose allowance of $0.39 per hour.

[26.3(b) varied by PR718826, PR729263, PR740684, PR762117 ppc 01Jul23]

(b) In addition to the minimum hourly rate set out in clause 18.1, a part-time or casual fork-lift driver who was employed immediately prior to 23 January 2020 must be paid an additional allowance of $2.99 per day up to a maximum of $14.93 per week.

(c) A part-time or casual employee in receipt of the daily fork-lift driver allowance under clause 26.3(b) may elect to receive the fork-lift driver allowance under 26.3(a).

26.4 Meal allowance

(a) Clause 26.4 applies to any full-time or part-time employee who:

(i) is required to work overtime of more than 2 hours; and

(ii) was not advised of that requirement on or before the previous day.

(b) The employer must:

[26.4(b)(i) varied by PR718981, PR729448, PR740855, PR762280 ppc 01Jul23]

(i) pay the employee a meal allowance of $15.30; or

(ii) supply the employee with a meal.

[26.4(c) varied by PR718981, PR729448, PR740855, PR762280 ppc 01Jul23]

(c) The employer must pay the employee a meal allowance of $15.30 if all of the following apply:

(i) the employee is advised of a requirement to work overtime; and

(ii) the employee provides a meal; and

(iii) after providing the meal, the employee is no longer required to work overtime at all or only to work overtime of 2 hours or less.

26.5 Tool and equipment allowance

[26.5(a) varied by PR718981, PR729448, PR740855, PR762280 ppc 01Jul23]

(a) The employer must pay a cook or apprentice cook who is required to provide and use their own tools a tool and equipment allowance of $1.98 per day or part day up to a maximum of $9.72 per week.

(b) The employer must reimburse an employee for the cost of purchasing any towels, tools, ropes, brushes, knives, choppers, implements, utensils or other materials that the employee is required to provide and use and that are not supplied or paid for by the employer and in respect of which a tool and equipment allowance is not payable under clause 26.5(a).

26.6 Special clothing allowance

(a) In clause 26.6 special clothing means any item of clothing (including waterproof or other protective clothing) that the employer requires the employee to wear or that it is necessary for the employee to wear but does not include shoes, hosiery, socks and any black and white attire (other than a dinner suit or evening dress) that is not part of a uniform or formal clothing.

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

(c) If the employee (other than an employee mentioned in clause 26.6(d) or 26.6(e) is responsible for laundering any special clothing that is required to be worn by them, the employer must:

(i) pay the employee a weekly laundry allowance of an amount agreed between the employer and the employee; or

(ii) in the absence of an agreement mentioned in clause 26.6(c)(i), reimburse the employee for the cost of laundering any item of special clothing. For this purpose the employer may require the employee to show evidence of that cost.

(d) If a catering employer requires an employee (including an airport catering employee) to be responsible for laundering any special clothing that is required to be worn by them, the employer must pay the employee a laundry allowance of $6.00 per week for a full-time employee and $2.05 for each uniform for a part-time or casual employee.

(e) If a motel 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 $2.40 for each uniform up to $7.45 per week.

(f) The employer may require an employee on commencing employment to sign a receipt for any special clothing supplied or paid for by the employer that lists it and its value.

(g) The employer is entitled to deduct from any wages owed to the employee on the employee ceasing employment the value (as stated on the receipt but allowing for fair wear and tear) of any item of special clothing not returned to the employer unless it was damaged, lost or stolen otherwise than because of the fault of the employee.

26.7 Motor vehicle allowance

(a) Clause 26.7 applies to an employee within the Managerial Staff (Hotels) classification level in Schedule A—Classification Structure and Definitions who is required to use their own motor vehicle in performing their duties.

[26.7(b) varied by PR729448, PR740855, PR762280 ppc 01Jul23]

(b) The employer must pay the employee an allowance of $0.96 for each kilometre authorised to be travelled in performing duties.

(c) The employer may require the employee, as a condition of qualifying for the allowance, to keep a written record of travel for which an allowance is payable.

26.8 Working late

(a) Clause 26.8 applies to an employee to whom all of the following apply:

(i) the employee finishes work at a time at which it is unreasonable for them to travel to their usual place of residence by their regular means of transport; and

(ii) the employee is not provided by the employer with accommodation or a means of transport to their usual place of residence at no cost to the employee.

(b) The employer must pay the employee the reasonable cost of transport to their usual place of residence.

26.9 Working early

Automatic translation

Language help

Popular searches

FWO Search

MA000009

Hospitality Industry (General) Award 2020