Manufacturing and Associated Industries and Occupations Award 2020

Manufacturing and Associated Industries and Occupations Award 2020

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 May 2023 (PR751036).

Clause(s) affected by the most recent variation(s):

34 —Annual leave

Table of Contents

[Varied by PR740144,PR746868,PR747335,PR750499]

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

Part 2—Types of Employment

8. Types of employment

9. Full-time employees

10. Part-time employees

11. Casual employees

12. Apprentices

13. School-based apprentices

14. Cadets

15. Trainees

16. Unapprenticed juniors

Part 3—Hours of Work

17. Ordinary hours of work and rostering

18. Breaks

19. Ship trials

Part 4—Wages,Allowances and Classifications

20. Minimum rates

21. Apprentice minimum rates

22. Adult apprentice minimum rates

23. Cadet minimum rates

24. Trainee minimum rates

25. Unapprenticed junior minimum rates

26. Extra rates not cumulative

27. Payment of wages

28. Annualised wage arrangements

29. Employer and employee duties

30. Allowances and special rates

31. Superannuation

Part 5—Overtime and Penalty Rates

32. Overtime

33. Penalty Rates

Part 6—Leave and Public Holidays

34. Annual leave

35. Personal/carer’s leave and compassionate leave

36. Parental leave and related entitlements

37. Community service leave

38. Family and domestic violence leave

39. Absence from duty

40. Public holidays

Part 7—Consultation and Dispute Resolution

41. Consultation about major workplace change

42. Consultation about changes to rosters or hours of work

43. Dispute resolution

44. Dispute resolution procedure training leave

Part 8—Termination of Employment and Redundancy

45. Termination of employment

46. Redundancy

Part 9—Vehicle manufacturing employees

47. Coverage of Part 9 of this award

48. Casual loading for vehicle manufacturing employees in the technical field

49. Payment of fees for vehicle manufacturing trainees

50. Ordinary hours of work—shiftworkers—vehicle manufacturing employees

51. Meal break—vehicle manufacturing employees in the technical field

52. Tea breaks—Vehicle manufacturing employees

53. Junior tracers in the technical field—vehicle manufacturing employees

54. Allowances and related matters—vehicle manufacturing employees

55. Accident pay—Vehicle manufacturing employees

56. Shiftwork and rates—vehicle manufacturing employees

57. Overtime—vehicle manufacturing employees

Schedule A—Classification Structure and Definitions

Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades,Non-trades,Post-trades,Drivers,Technicians/ Technical Officers and Supervisors/Trainers/Coordinators

Schedule C—Summary of Hourly Rates

Schedule D—Summary of Monetary Allowances

Schedule E—Supported Wage System

Schedule F—School-based Apprenticeships

Schedule G—National Training Wage

Schedule H—Agreement for time off instead of payment for overtime

Schedule I—Agreement to Take Annual Leave in Advance

Schedule J—Agreement to Cash Out Annual Leave

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

1. Title and commencement

1.1 This award is the Manufacturing and Associated Industries and Occupations Award 2020.

1.2 This modern award,as varied,commenced operation on 1 January 2010.

1.3 A variation to this award does not affect any right,privilege,obligation or liability that a person acquired,accrued or incurred under the award as it existed prior to that variation.

2. Definitions

[Varied by PR733979,PR744246]

In this award,unless the contrary intention appears:

      Act means the Fair Work Act 2009 (Cth).

      adult apprentice means a person of 21 years of age or over at the time of entering into a training contract as provided for in clause 12Apprentices.

      afternoon shift,for employees other than Vehicle Manufacturing employees covered by clause 4.8(a)(xi),has the meaning given in clause 33.2(b)(i).

      afternoon shift,for Vehicle Manufacturing employees covered by clause 4.8(a)(xi),has the meaning given in clause 56.1(a)(i).

      agricultural implements,machinery and appliances means farming or pastoral equipment such as harvesters,headers,windmills for the purpose of pumping river or subterranean water,ploughs,harrows,discs,seeders,top-dressers,mowing equipment,mobile irrigation equipment,fruit and vegetable harvesting and sorting equipment and such other equipment as is used mainly or solely in the agricultural and/or pastoral industry.

      all purposes means the payment will be 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.

      apprentice includes an adult apprentice.

      boiler attendant or fireperson—first class means a boiler attendant or fireperson who attends to 2 or more boilers or 2 or more suction gas generators,or one boiler the evaporation capacity of which attributed thereto by the maker exceeds 5000 kg but less than 45000 kg of steam per hour,or one gas generator supplying a total engine load capacity attributed thereto by the maker of not less than 740 kW.

      bottle merchants means businesses operating bottle yards/collection depots principally collecting bottles,cans,plastic and other packaging materials for drinks.

[Definition of casual employee inserted by PR733979 from 27Sep21]

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

      casual ordinary hourly rate means the hourly rate for a casual employee for the employee’s classification specified in clause 20Minimum rates,inclusive of the casual loading. Where an employee is entitled to an all-purpose allowance,this allowance forms part of that employee’s ordinary hourly rate.

      confined space means a compartment,space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and subject thereto includes the following spaces:

      (a) in the case of a ship,inside complete tanks,chain lockers and peaks,under engine beds,under engine room and stockhold floors,or under or inside boilers;

      (b) in other cases,inside boilers,steam drums,mud drums,fire boxes of vertical or road vehicle boilers,furnaces,flues,combustion chambers,receivers,buoys,tanks,superheaters or economisers;and

      (c) work on the inside of tanker type vehicles such as those used in carrying petrol,milk,flour,cement and the like,but not other work on vehicles.

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

      electric motor attendant means a person who attends to an electric motor or motors of 22 kW or more in the aggregate,and performs any duties of oiling or cleaning or attending to commutators,brushes,fuses or switches.

      employee means national system employee within the meaning of the Act.

      employer means national system employer within the meaning of the Act.

      engine driver means any person who operates or drives any engine or engines,the motive power of which is either steam,gas,oil,water,compressed air or electricity,and includes any person who is called on in the ordinary course of their duty to do engine driver’s work other than simply stopping or starting an engine under the supervision of an engine driver.

      engine driver in charge of plant means:

      (a) when 2 or more drivers are employed at the plant at one time,the engine driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility;or

      (b) an engine driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more non-certified firepersons;or

      (c) a person who is the only engine driver employed on the plant and who does the general repair work of the plant in addition to the work of engine driving,other than merely assisting a fitter or engineer to do such work;or

      (d) where shifts are worked,the engine driver who in addition to the work of engine driving is directed to carry out the general repair work of the plant,other than merely assisting a fitter or engineer to do such work.

      engineering streams are the 3 broad engineering streams recognised within the classification definitions set out in Schedule A—Classification Structure and Definitions namely,electrical/electronic,mechanical and fabrication. The streams are defined as the:

      (a) electrical/electronic stream which includes the design,assembly,manufacture,installation,modification,testing,fault finding,commissioning,maintenance and service of all electrical and electronic devices,systems,equipment and controls,such as electrical wiring,motors,generators,PLCs and other electronic controls,instruments,refrigeration,telecommunications,radio and television,and communication and information processing.

      (b) mechanical stream which includes the design,assembly,manufacture,installation,modification,testing,fault finding,commissioning,maintenance and service of all mechanical equipment,machinery,fluid power systems,automotive mechanics,instruments and refrigeration,and the use of related computer controlled equipment,such as Computer Numeric Controlled machine tools.

      (c) fabrication stream which includes fabrication in all materials,forging,carpentry,plumbing,founding,structural steel erection,electroplating,metal spinning,metal polishing and sheet metal work and the use of related computer controlled equipment.

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

      fireperson or greaser in charge of plant means a fireperson or greaser who is the only fireperson or greaser employed on the plant and who does the general repair work of the plant in addition to the work of firing or greasing,other than merely assisting a fitter,engine driver or engineer to do such work or a greaser assisting a fireperson to do such work.

      greaser or oiler means any person substantially engaged in greasing or oiling any engine,machinery or shafting.

      greaser or oiler—first class means a greaser or oiler who under the supervision of an engine driver stops or starts an engine or engines,but does not include any greaser or oiler who does so only in cases of necessity or emergency.

      leading boiler attendant or fireperson—first class means:

      (a) the boiler attendant or fireperson employed at a plant where 3 or more firepersons are employed at the same time who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility,but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of plant;or

      (b) the boiler attendant or fireperson employed at a plant where 3 or more attendants or firepersons are employed at the same time whose duty is to attend to the water of the boilers that are fitted by 2 or more of the other boiler attendants or firepersons.

      leading boiler attendant or fireperson—second class means:

      (a) the boiler attendant or fireperson employed at a plant where 2 boiler attendants or firepersons are employed at the same time who is invested with the superintendence or has to accept the superintendence or responsibility,but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of the plant;or

      (b) the boiler attendant or fireperson employed at a plant where 2 boiler attendants