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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777238 and PR777969).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
12A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR747336, PR750507, PR774716, PR777969]
Schedule F —Agreement for Time Off Instead of Payment for Overtime.............................. 71
Part 1—Application and Operation of this Award
1.1 This award is the Mining Industry Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
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.
[Varied by PR733886, PR774716, PR777238]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.
afternoon shift means any shift finishing after 7.00 pm and at or before midnight.
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, loadings or payment while they are on annual leave.
base rate of pay has the meaning in the NES.
[Definition of casual employee inserted by PR733886 from 27Sep21; varied by PR777238 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
casual ordinary hourly rate means the hourly rate for a casual employee for the employee’s classification specified in clause 15—Minimum rates and classifications plus the casual loading and the industry allowance. Where an employee is entitled to an additional all-purpose allowance, this allowance also forms part of that employee’s ordinary hourly rate.
continuous shiftworker means an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays.
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774716 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774716 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
minimum weekly rate means the minimum weekly rate of pay set out in clause 15—Minimum rates and classifications.
mining industry is defined in clause 4.2.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift means any shift finishing after midnight and at or before 8.00 am.
ordinary hourly rate means the hourly rate for an employee’s classification specified in clause 15—Minimum rates and classifications plus the industry allowance. Where an employee is entitled to an additional all-purpose allowance, this allowance also forms part of that employee’s ordinary hourly rate.
permanent night shift means a period of shiftwork where an employee works night shift only; remains on night shift for longer than 4 consecutive weeks; or works on night shift that does not rotate or alternate with another shift or with day work so as to give that employee at least one third of working time off the night shift in each cycle.
[Definition of regular casual employee inserted by PR733886 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
remote work means a location that is operated by the employer where remote work is required to be performed, including but not limited to sites operating on a fly in/fly out, drive in/drive out or bus in/bus out basis.
shiftworker means an employee for the time being engaged to work in a system of shifts, being afternoon shifts, night shifts or both, or a continuous shiftworker.
[Definition of small business employer inserted by PR774716 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a Level 3 employee in clause 15—Minimum rates and classifications.
work cycle means a roster cycle made up of working and non-working days.
[Definition of workplace delegate inserted by PR774716 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
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 the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743409]
4.1 This industry award covers employers throughout Australia in the mining industry and their employees in the classifications listed in clause 15—Minimum rates and classifications to the exclusion of any other modern award.
4.2 Definition of mining industry
For the purposes of clause 4 mining industry means:
(a) extracting any of the following from the earth by any method including exploration, prospecting, development and land clearing, preparatory work and rehabilitation during the life of the mine:
(i) any metals, minerals or ores;
(ii) phosphates and gemstones;
(iii) mineral sands;
(iv) uranium and other radioactive substances;
(b) the processing, smelting and refining of any of the metals, minerals, ores or substances covered by clause 4.2(a);
(i) on a mining lease or tenement; or
(d) the servicing, maintaining (including mechanical, electrical, fabricating or engineering) or repairing of plant and equipment used in the activities set out in clauses 4.2(a) to 4.2(c) by employees principally employed to perform work on an ongoing basis at a location where those activities are being performed; or
(e) the provision of temporary labour services used in the activities set out in clauses 4.2(a) to 4.2(d), by temporary labour personnel principally engaged to perform work at a location where the activities described above are being performed.
4.3 This award does not cover:
(a) employers in respect of their operations or activities in the following industries or occupations:
(i) aluminium;
(ii) catering, accommodation, cleaning and incidental services (unless employed by a mine operator or a related company);
(iii) clerical or administrative;
(iv) information technology professionals, professional engineers, geologists and scientists;
(v) oil, gas and hydrocarbons;
(vi) quarrying of stone, crushed stone, sand and gravel, and land reclamation (including dredging);
(vii) salt;
(viii) security services (unless employed by a mine operator or a related company);
(ix) steel making;
(x) prospecting and resource assessment for the purposes of potential mine development, which is not on a mining lease or tenement;
(xi) brown coal mining; and
(xii) melting and smelting of metals in connection with manufacturing activities covered by the Manufacturing and Associated Industries and Occupations Award 2020;
[4.3(b) varied by PR743409 ppc 11Jul22]
(d) persons employed in the head office or town office of the employer.
4.4 This award covers employers which provide group training services for apprentices and trainees engaged in the mining industry and/or parts of industry; and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.2 are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. 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 reasonably should 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
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
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 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 PR763205 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 30—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
(a) clause 12.4(b)—Ordinary hours of work—employees other than shiftworkers;
(b) clause 12.5(c)—Ordinary hours of work—shiftworkers;
(c) clause 13.2—Variations to rosters;
(d) clause 20.5—Time off instead of payment for overtime;
(e) clause 20.6—Rest breaks during overtime;
(f) clause 22.11(a)—Taking of annual leave over an extended period;
(g) clause 22.12—Cashing out of annual leave;
(h) clause 22.6—Annual leave in advance; and
(i) clause 27.3—Substitution of public holidays by agreement.
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is engaged to work an average of 38 ordinary hours per week.
(a) is engaged to work an average of less than 38 ordinary hours per week; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 An employer must inform a part-time employee of:
(a) the employee’s ordinary hours of work; and
(b) the starting and finishing times of their work.
10.3 All time worked in excess of the hours under clause 10.2 will be paid at the appropriate overtime rate.
10.4 For each ordinary hour worked, a part-time employee will be paid no less than the ordinary hourly rate of pay for the relevant classification in clause 15—Minimum rates and classifications.
[Varied by PR723951, PR733886, PR777238]
[11.1 deleted by PR733886 from 27Sep21]
[11.2 renumbered as 11.1 by PR733886 from 27Sep21]
11.1 A casual employee’s ordinary hours of work are the lesser of:
(a) an average of 38 hours per week; or
(b) the hours the employer requires the employee to work.
[11.3 substituted by PR723951 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733886 from 27Sep21]
11.2 For each ordinary hour worked, a casual employee will be paid:
(a) the hourly rate for the classification in which they are employed; plus
[11.4 renumbered as 11.3 by PR733886 from 27Sep21]
11.3 The casual loading constitutes part of the employee’s all-purpose rate.
[11.5 renumbered as 11.4 by PR733886 from 27Sep21]
11.4 The casual loading in clause 11.2(b) is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.
[New 11.6 inserted by PR723951 ppc 20Nov20; 11.6 renumbered as 11.5 by PR733886 from 27Sep21]
11.5 When a casual employee works overtime, they must be paid the overtime rates in clauses 20.1 and 20.2.
[11.6 renumbered as 11.7 by PR723951, 11.7 renumbered as 11.6 by PR733886 from 27Sep21]
11.7 Changes to casual employment status
[11.7 renumbered as 11.8 by PR723951; 11.8 renumbered as 11.7 and renamed and substituted by PR733886; renamed and substituted by PR777238 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.
12.1 A full-time employee’s ordinary hours of work will be an average of 38 hours per week.
12.2 The ordinary hours of part-time and casual employees will be in accordance with clause 10—Part-time employees and clause 11—Casual employees, respectively.
12.3 Clause 12 provides industry specific detail and supplements the NES which deals with maximum weekly hours. For the purposes of section 63 of the Act, an employee’s ordinary weekly hours may be averaged over a period of up to 26 weeks.
12.4 Ordinary hours of work—employees other than shiftworkers
(a) Subject to clause 12.4(c) an employee who is not a shiftworker may be required to work up to 10 ordinary hours per day, between the hours of 6.00 am and 6.00 pm Monday to Sunday.
(b) The employer may agree with a majority of affected employees to:
(i) alter the span of hours in clause 12.4(a); and/or
(ii) increase the ordinary hours per day to a maximum of 12.
12.5 Ordinary hours of work—shiftworkers
(a) Subject to clause 12.5(d), an employee who is a shiftworker may be required to work a shift of up to 10 consecutive ordinary hours (including meal breaks).
(b) Shiftwork may be worked on any day of the week.
(c) The employer may agree with a majority of affected employees to:
(i) alter the span of hours in clause 12.5(a); and/or
(ii) increase the ordinary hours per day to a maximum of 12.
12A. Employee right to disconnect
[12A inserted by PR777969 from 26Aug24]
12A.1 Clause 12A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
12A.2 Clause 12A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
12A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
12A.4 Clause 12A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 13.3; or
(b) a recall to work under clause 20.3.
13.1 Special arrangements for cycle work
Regardless of any other provision of this award, the following arrangements apply to employees who are required to undertake a work cycle.
(a) Employees may be engaged to work on a work cycle made up of working and non-working days.
(i) The on-duty period commences at the time the employee reports to the point designated by the employer for commencement of work at the workplace.
(ii) The off-duty period commences at the conclusion of the employee’s last rostered shift.
(c) The notice period in clause 13.2(b) may be reduced:
(i) where agreed by the employer and the employee; or
(ii) where operational circumstances require it, at the direction of the employer.
(d) The employer must consult with directly affected employees about any changes made under clause 13.2 in accordance with clause 29—Consultation about changes to rosters or hours of work.
Regardless of any other provision of clause 13, the employer may vary or suspend any roster arrangement immediately in an emergency.
14.1 Meal breaks
(a) An employee who is not a shiftworker is entitled to an unpaid meal break of at least 30 minutes after every 5 hours worked.
(c) A shiftworker working longer than 10 hours will be entitled to paid meal breaks totalling 40 minutes per shift.
(d) Meal breaks will be scheduled by an employee’s supervisor based upon operational requirements so as to ensure continuity of operations.
(e) The employer will not require an employee to work more than 5 hours before the first meal break is taken or between subsequent meal breaks (if any).
14.2 Rest breaks during overtime
Clause 20.6 provides for rest periods during overtime.
14.3 Minimum break between work on successive days or shifts
(a) Employees other than shiftworkers
(b) Shiftworkers
Clause 14.3(a) applies to an employee who is a shiftworker as if a reference to 10 consecutive hours were a reference to 8 consecutive hours.
15. Minimum rates and classifications
[Varied by PR720159, PR718828, PR729265, PR733886, PR740686, PR762119, PR767880, PR773895]
[15.1(a) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
(a) An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Level |
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
|
$ |
$ |
|
Entry Level |
Introductory |
922.60 |
24.28 |
|
Level 1 |
Basic |
966.00 |
25.42 |
|
Level 2 |
Intermediate |
1001.80 |
26.36 |
|
Level 3 |
Competent |
1032.30 |
27.17 |
|
Level 4 |
Advanced |
1101.30 |
28.98 |
|
Level 5 |
Advanced specialist |
1173.00 |
30.87 |
|
Level 6 |
Dual trade |
1230.50 |
32.38 |
|
Level 7 |
Dual trade instrumentation |
1280.40 |
33.69 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
(b) The classification structure and descriptors for the above classifications are contained in Schedule A—Classification Definitions and Structure.
15.2 Junior employee rates
[15.2 varied by PR767880 ppc 31Dec23]
(a) Where the law permits junior employees to perform work in the mining industry, junior employees will be entitled to the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:
|
Age |
% of adult rate |
|
Under 17 years |
75 |
|
At 17 years |
85 |
|
At 18 years |
100 |
15.3 School-based apprentice rates
For school-based apprentices, see Schedule D—School-based Apprentices.
15.4 Apprentices and trainee rates
[15.4(b)(i) varied by PR720159 ppc 18Jun20]
(i) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.4(b)(ii) varied by PR720159 ppc 18Jun20, PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
(ii) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Mining Industry Award 2020 and not the Miscellaneous Award 2020.
(c) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the applicable adult weekly rate for their classification as set out in the table below.
|
Year of apprenticeship |
% of adult rate |
|
1st year |
45 |
|
2nd year |
55 |
|
3rd year |
75 |
|
4th year |
88 |
(d) Apprentices who commenced their apprenticeship on or after 1 January 2014 will be entitled to the following minimum percentage of the Level 3 rate for their classification:
|
Year of apprenticeship |
% of Level 3 rate for apprentices who have not completed year 12 |
% of Level 3 rate for apprentices who have completed year 12 |
|
1st year |
50 |
55 |
|
2nd year |
60 |
65 |
|
3rd year |
75 |
75 |
|
4th year |
88 |
88 |
15.5 Adult apprentices
(a) An adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship will be entitled to the greater of:
(i) 80% of the Level 3 rate in clause 15.1; or
(ii) the rate prescribed by clause 15.4(d) for the relevant year of the apprenticeship.
(b) An adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship will be entitled to the greater of:
(i) the lowest adult classification in clause 15.1; or
(ii) the rate prescribed by clause 15.4(d) for the relevant year of the apprenticeship.
[15.5(c) varied by PR733886 from 27Sep21]
(c) A person employed by an employer under this award 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 entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
15.6 Apprentice conditions of employment
(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 15.6 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(b) For the purposes of clause 15.6(a) above, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 15.6(a), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(c) The amount payable by an employer under clause 15.6(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
(e) An employer may meet its obligations under clause 15.6(d) by paying any fees and/or cost of textbooks directly to the RTO.
(f) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
(g) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 15.6 operates subject to the provisions of Schedule D—School-based Apprentices.
(h) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
15.7 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.
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.
16.1 Wages, penalties and allowances will be paid at a frequency of not longer than monthly.
16.2 The employer must pay an employee’s wages by electronic funds transfer into a bank or financial institution nominated by the employee.
16.3 The employer may deduct from any amount required to be paid to an employee the amount of any overpayment of wages or allowances.
16.4 Payment on termination of employment
(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 16.4(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 16.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.4. 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.
17. Annualised wage arrangements
17.1 Annualised wage instead of award provisions
(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 17.1(c), of any or all of the following provisions of the award:
(i) clause 15—Minimum rates and classifications;
(ii) clause 18—Allowances;
(iii) clause 20—Overtime;
(iv) clause 21—Shiftwork and Penalty Rates; and
(v) clause 22.3—Payment for annual leave.
(b) Where an annualised wage is paid the employer must advise the employee in writing, and keep a record of:
(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 method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 17.1(b)(iv), 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.
17.2 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 earlier over such lesser period as has been worked).
(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 for the purpose of undertaking the comparison required by clause 17.2(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.
17.3 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 15—Minimum rates and classifications and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
[Varied by PR718828, PR718983, PR729265, PR729450, PR740686, PR740857, PR762119, PR762283, PR773895, PR774064]
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 Employers must pay to an employee the allowances the employee is entitled to under clause 18. Where an employee is paid by the hour, the allowance will be 1/38th of the weekly allowance.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
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, loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) industry allowance (clause 18.2(b));
(ii) licence allowance—electricians (clause 18.2(c)); and
(iii) drilling, prospecting and exploration—cooks and cooks’ assistants—broken shift allowance (clause 18.2(d)(iii)).
(b) Industry allowance
[18.2(b)(i) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
(i) Employees will be paid an allowance of $38.20 per week which will be paid for all purposes.
(ii) The industry allowance recognises and is in payment for all aspects of work in the industry, including but not limited to the location and nature of mining operations, clothing, dirt, wet, height, fumes, heat, cold, confined space, and all other disabilities not expressly dealt with under clause 18.
(c) Licence allowance—electricians
[18.2(c) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
Employees will be paid an allowance of $46.97 per week if they are required by their employer to hold an Electrical Technicians licence (or equivalent). This allowance will be paid for all purposes.
(d) Drilling, prospecting and exploration allowances
The following allowances apply only to employees who are required to perform drilling, prospecting and exploration duties.
[18.2(d)(i) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
· $34.99 per day, where meals are not provided by the employer; and
· $19.30 per day where meals are provided by the employer.
(ii) However, the allowance is not required to be paid where accommodation and meals are provided by the employer, or where the employer pays for, or reimburses the employee for, fares to return to and from home each weekend, or where the employee is engaged on a regular commute arrangement as part of a mining operation.
[18.2(d)(iii) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
(iii) Employees who are classified as cooks and cooks’ assistants will be paid an allowance for all purposes of $11.05 per week whilst they are required by their employer to work broken shifts.
(iv) Where an employee is required by the employer:
· to transfer from one place of employment to another place of employment; or
· to work away from their usual place of employment for a temporary period,
they will be reimbursed for the cost of transport, and they will be paid travelling time of up to 8 hours at the employee’s ordinary hourly rate (provided that no reimbursement will be required to be made if the employer provides transport).
[18.2(e) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
An employee who holds first aid qualifications from St John Ambulance or an equivalent body, and who is appointed by the employer to participate in the emergency response team or otherwise to perform first aid duty, will be paid a first aid payment of $20.65 per week.
(f) Leading hand allowance
[18.2(f) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
A leading hand must be paid a weekly allowance of:
|
$ per week |
|
|
3–10 employees |
45.42 |
|
11–20 employees |
57.81 |
|
More than 20 employees |
77.73 |
An employee who is assessed as being mainline competent and appointed by their employer as Locomotive Drivers and required to operate on the mainline will receive a rail allowance of 30% of the minimum rate of pay.
[18.2(h) varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
An employee, other than an employee classified as an underground miner, will be paid an allowance of $1.90 per hour whilst required by their employer to work underground.
18.3 Expense-related allowances
(a) Meal allowance for overtime work
[18.3(a) varied by PR718983, PR729450, PR740857, PR762283, PR774064 ppc 01Jul24]
An employee will be paid a meal allowance of $20.63 on each occasion that the employee is entitled to a rest break during overtime work, provided that an allowance is not required to be paid if the employer provides a meal or meal-making facilities or if the employee was notified no later than the previous day or shift that the employee would be required to work the overtime.
[18.3(b) varied by PR718983, PR729450, PR740857, PR762283, PR774064 ppc 01Jul24]
An employee who is required by the employer to supply and maintain tools ordinarily required in the performance of work will be paid an allowance of $17.86 per week.
19.1 Superannuation contributions for defined benefit members
The employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.
Part 5—Overtime and Penalty Rates
[Varied by PR723951, PR763205]
20.1 Overtime payments—employees other than continuous shiftworkers
[20.1 varied by PR723951 ppc 20Nov20]
Except where provided otherwise in clause 20, an employee who is not a continuous shiftworker will be paid for all work done in addition to their ordinary hours at the following rates:
|
For overtime worked on: |
Full-time and part-time employees |
Casual employees |
|
|
% of ordinary hourly rate |
% of casual ordinary hourly rate |
|
Monday to 12 noon on Saturday—first 3 hours |
150% |
150% |
|
Monday to 12 noon on Saturday—after 3 hours |
200% |
200% |
|
After 12 noon on Saturday and all hours on Sunday |
200% |
200% |
|
Public holiday |
250% |
250% |
[Note inserted by PR723951 ppc 20Nov20]
NOTE: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.2(b), as defined in clause 2—Definitions.
20.2 Overtime—continuous shiftworkers
[20.2 varied by PR723951 ppc 20Nov20]
A continuous shiftworker will be paid for all hours worked in addition to their ordinary hours at the following rate:
|
For overtime worked on: |
Full-time and part-time employees |
Casual employees |
|
|
% of ordinary hourly rate |
% of casual ordinary hourly rate |
|
Monday to Sunday—all hours |
200% |
200% |
[Note renamed as Note 1 by PR723951 ppc 20Nov20]
NOTE 1: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[Note 2 inserted by PR723951 ppc 20Nov20]
NOTE 2: The casual ordinary hourly rate includes the casual loading prescribed by clause 11.2(b), as defined in clause 2—Definitions.
20.3 Recall—employees other than continuous shiftworkers
Where the employer requires an employee to return to work overtime after leaving the employer’s premises (regardless of whether or the employee is notified before or after leaving) the employee will be:
(a) engaged to work for a minimum of 4 hours; or
(b) where the employee is engaged to work for less than 4 hours, paid for a minimum of 4 hours at the appropriate overtime rate.
20.4 Method of calculation
(a) When calculating overtime payments, each day or shift worked will stand alone.
[20.4(b) substituted by PR723951 ppc 20Nov20]
(b) Overtime payments under clause 20 are in substitution for any other penalty rates prescribed by clauses 20—Overtime and 21—Shiftwork and Penalty Rates.
20.5 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.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 20.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.5 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 20.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 20.5 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.5 will apply, including the requirement for separate written agreements under clause 20.5(b) for overtime that has been worked.
[Note varied by PR763205 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).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.5.
20.6 Rest breaks during overtime
(a) An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked, if the employee is required to continue work after the rest break.
(b) The employer and an employee may agree to vary clause 20.6 to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 20.6.
20.7 Rest breaks after overtime
Clause 14.3 provides for a minimum rest period after overtime.
21. Shiftwork and Penalty Rates
[Varied by PR723951]
afternoon shift means any shift finishing after 7.00 pm and at or before midnight.
continuous shiftworker means an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays.
night shift means any shift finishing after midnight and at or before 8.00 am.
permanent night shift means a period of shiftwork where an employee works night shift only; or remains on night shift for longer than 4 consecutive weeks; or works on night shift that does not rotate or alternate with another shift or with day work so as to give that employee at least one third of working time off the night shift in each cycle.
21.2 A shiftworker or a continuous shiftworker must be paid:
(a) 115% of their ordinary hourly rate of pay, while on afternoon shift or night shift; and
(b) 130% of their ordinary hourly rate of pay, while on permanent night shift.
21.3 Weekend work and public holiday rates
An employee will be paid the following rates for ordinary hours worked on a Saturday, a Sunday or a public holiday:
|
For ordinary hours worked on: |
% of ordinary hourly rate |
|
Saturday before 12 noon – first 3 hours |
150% |
|
Saturday before 12 noon – after 3 hours |
200% |
|
Saturday after 12 noon and all hours on Sunday |
200% |
|
Public holiday |
250% |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including penalty rates.
[21.4 substituted by PR723951 ppc 20Nov20]
21.4 Payments under clause 21 are in substitution for other penalty rates prescribed by clauses 20—Overtime and 21—Shiftwork and Penalty Rates.
Part 6—Leave and Public Holidays
22.1 Clause 22 of the award supplements the provisions of the NES which deal with annual leave. Annual leave does not apply to casual employees.
22.2 For the purposes of the provisions of the NES which deal with annual leave, shiftworker means a continuous shiftworker.
22.3 Payment for annual leave
The amount to be paid to an employee prior to going on leave must be worked out on the basis of the greater of:
(a) the amount the employee would have been paid for working ordinary hours during the period of annual leave including loadings, penalties and allowances paid for all purposes; but excluding payments in respect of overtime, or any other payment which might have been payable to the employee as a reimbursement for expenses incurred; or
(b) the employee’s minimum rate of pay for ordinary hours under clause 15—Minimum rates and classifications; plus an annual leave loading of 17.5%.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is 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).
22.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave. The amount to be paid must be worked out in accordance with clause 22.3.
22.5 Arrangements for taking leave
(a) Where an employee works in a remote location or on cycle work made up of working days and non-working days, a period of paid annual leave includes the working days and the non-working days during the period.
(i) any period of annual leave taken by the employee is a multiple of the on-duty period and/or the off-duty period under the employee’s work cycle; or
(ii) the employee takes annual leave in accordance with the work cycle.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.6 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.6 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.6, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
22.7 Direction to take annual leave during shutdown
[22.7 renamed and substituted by PR751037 ppc 01May23]
(a) Clause 22.7 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.7(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.7(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 22.7(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.7(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.6.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 22.6, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.8 to 22.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 22.7.
22.8 Excessive leave accruals: general provision
NOTE: Clauses 22.8 to 22.10 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2).
(c) Clause 22.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.9 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 22.9(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.8, 22.9 or 22.10 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.9(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.9(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.9(d) may result in the direction ceasing to have effect. See clause 22.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.10(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.9(a) that, when any other paid annual leave arrangements (whether made under clause 22.8, 22.9 or 22.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.8, 22.9 or 22.10 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.10(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.10(a).
22.11 Taking of annual leave over an extended period
(b) Where an agreement under clause 22.11(a) is made, the payment for the leave will be reduced in proportion to the period of extension. For example, it may be agreed that the leave period is doubled and taken on half pay.
Example:
George is a full-time Grade 1 employee who makes an agreement with his employer that his 4 weeks of annual leave is to be taken over a period of 8 weeks. George will be paid for each of the 8 weeks at half the rates of pay he would have received under clause 22.3.
22.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.12.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.12 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.12 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.12 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.12.
NOTE 2: 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 22.12.
NOTE 3: An example of the type of agreement required by clause 22.12 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763205 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750507 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747336]
27.1 Public holidays are provided for in the NES.
27.2 Where an employee works on a public holiday they will be paid in accordance with clauses 20—Overtime and 21.3—Weekend work and public holiday rates.
27.3 Substitution of public holidays by agreement
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[27.4 deleted by PR747336 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
Part 7—Consultation and Dispute Resolution renamed by PR774716 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774716 from 01Jul24]
27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 27A.
27A.2 In clause 27A:
(c) employer means the employer of the workplace delegate;
(d) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(e) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
27A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 27A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
27A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 27A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 27A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 27A.
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763205, PR777238, PR777969]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763205; deleted by PR777969 from 26Aug24]
[Note inserted by PR777969 from 26Aug24; varied by PR777238 from 27Aug24]
NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
31.1 Notice of termination by an employee
(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 31.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 31.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 31.1(b), then no deduction can be made under clause 31.1(d).
(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 32.1(c).
(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
32.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
32.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.2.
Schedule A—Classification Definitions and Structure
A.1 Classification and progression principles
A.1.1 Classification
In each of the classifications under this award it is a requirement that an employee must:
(a) perform work in a fully flexible manner as reasonably required by the employer and in accordance with the employee’s ability and competence;
(b) acquire any skills as reasonably requested by the employer and, where necessary, undertake required training and assist with the training of others; and
(c) use such tools and equipment as may be required, subject to the limit of the employee’s skills and competence and provided that the employee has been properly trained in the use of such tools and equipment.
A.1.2 Progression
An employee will progress through the classification levels subject to:
(a) possessing the applicable skills for the level; and
(b) being required by the employer to perform work at that level.
Progression from Level 4 and above will be subject to the employee being appointed by the employer.
A.2 Classification groups
A.2.1 Mining Industry Services Employees
A Mining Industry Services Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to:
· labouring;
· assisting work crews and tradespersons;
· operation of plant and equipment (including mobile plant);
· maintenance work on plant, equipment or buildings;
· performance of general plant, stores, workshop, warehouse, packaging, and marine interface tasks, resource assessment (including prospecting, drilling and exploration);
· preparing and cleaning equipment and materials; and
· on site catering cleaning and security.
This classification group also encompasses work performed by Laboratory Assistants, who do not hold tertiary qualifications.
A.2.2 Mining Industry Surface Mining and Haulage Employees
A Mining Industry Surface Mining and Haulage Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to:
· open cut mining activities (including labouring, sampling, spotting);
· operating all forms of mining industry plant and equipment (including mobile plant);
· operating equipment used in the transportation handling and loading (or discharge) of ores, metals, minerals and/or product (including rail activities); and
· all tasks associated with drilling and blasting.
A.2.3 Mining Industry Processing Employees
A Mining Industry Processing Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to:
· operating and adjusting all plant equipment (and associated control panels) utilised in mining industry production, processing, smelting and refining operations; and
· issuing clearances and permits as required.
A.2.4 Mining Industry Underground Mine Employees
A Mining Industry Underground Mine Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to:
· underground mining activities (including labouring, sampling, drilling, blasting, mine ventilation, ground control and shaft activities); and
· operation and maintenance of underground mining plant and equipment (including mobile plant).
A.2.5 Mining Industry Maintenance Trades Employees
A Mining Industry Maintenance Trades Employee is designated as such by their employer, performs all tasks on the surface or underground as directed by their employer and is trade qualified.
A.3 Classification Structure
A.3.1 Entry Level—Introductory
An employee at this level is undertaking the standard induction training required for the operation or business. Such training covers:
· conditions of employment;
· mine and plant safety;
· first aid procedures;
· movement around the site;
· work and documentation procedures;
· quality control and quality assurance; and
· introduction to supervisors and fellow workers.
Employees at this level perform routine duties under direct supervision.
This level applies to the following classification groups:
· Mining Industry Services Employees;
· Mining Industry Surface Mining and Haulage Employees;
· Mining Industry Processing Employees; and
· Mining Industry Underground Mine Employees.
A.3.2 Level 1—Basic
An employee at this level will have completed the standard induction training and have been assessed to be able to competently carry out the basic and semi-skilled work required for this level.
This level applies to the following classification groups:
· Mining Industry Services Employees;
· Mining Industry Surface Mining and Haulage Employees;
· Mining Industry Processing Employees; and
· Mining Industry Underground Mine Employees.
A.3.3 Level 2—Intermediate
An employee at this level will have been assessed as being competent to carry out semi-skilled work on a broad range of plant and equipment functions. The employee exercises discretion within their level of skill and is responsible for the quality of the work subject to routine supervision.
This level applies to the following classification groups:
· Mining Industry Services Employees;
· Mining Industry Surface Mining and Haulage Employees;
· Mining Industry Processing Employees; and
· Mining Industry Underground Mine Employees.
A.3.4 Level 3—Competent
An employee at this level will have been assessed as being competent to apply skills and knowledge in complex but routine situations where discretion and judgment are involved. The skills and knowledge are acquired through the completion of a trade certificate, or through practical experience, which has equipped the employee with an equivalent level of skills and knowledge.
An employee at this level can plan tasks, select equipment and appropriate procedures from known alternatives and takes responsibility for the work of others. An employee at this level requires only limited supervision or guidance.
An employee at this level:
· understands and applies quality control techniques;
· exercises discretion within the scope of this level;
· performs work under limited supervision;
· operates all equipment incidental to the work; and
· assists in the provision of on-the-job training.
This level applies to the following classification groups:
· Mining Industry Surface Mining and Haulage Employees;
· Mining Industry Processing Employees;
· Mining Industry Underground Mine Employees; and
· Mining Industry Maintenance Trades Employees.
A.3.5 Level 4—Advanced
An employee at this level will have met the requirements for Level 3 and been assessed as being competent to perform tasks which require in depth skill or knowledge, or the employee is assessed as having the integration of a broad range of skills. The work may be of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.
The level of skills or knowledge required to perform this work will involve the completion of a post trade training appropriate for this level, or through the acquisition of practical skills and knowledge which has equipped the employee with the equivalent level of skills and knowledge.
An employee at this level will provide guidance and assistance to others.
This level applies to the following classification groups:
· Mining Industry Surface Mining and Haulage Employees;
· Mining Industry Processing Employees;
· Mining Industry Underground Mine Employees; and
· Mining Industry Maintenance Trades Employees.
A.3.6 Level 5—Advanced Specialist
An employee at this level will have met the requirements for Level 4 and holds a trade qualification used in the operation and has acquired additional knowledge by having satisfactorily completed a prescribed post trade course appropriate for this level or the achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means including in-plant training or on-the-job experience.
An employee at this level will provide guidance and assistance to others.
This level applies to the following classification groups:
· Mining Industry Underground Mine Employees; and
· Mining Industry Maintenance Trades Employees.
A.3.7 Level 6—Dual Trade
An employee at this level will have met the requirements for Level 5 and holds a dual trade qualification or equivalent prescribed post trade course used in the operation and has acquired additional knowledge enabling the employee to apply dual trade skills or an equivalent level of high precision specialised trade skills in one area.
An employee at this level:
· has high precision trade skills in more than one area;
· is qualified to work on machinery or equipment with complex mechanical, hydraulic, electrical circuitry or controls; and
· meets the skills requirements for Tradespersons in accordance with the Manufacturing and Associated Industries and Occupations Award 2020 for this level.
This level applies to Mining Industry Maintenance Trades Employees.
A.3.8 Level 7—Dual Trade Instrument Technician
An employee at this level will have met the requirements for Level 6 and have acquired further additional knowledge by having satisfactorily completed a prescribed post trades course or an advanced trade equivalent enabling the employee to apply advanced dual trade instrument electrical technician skills.
This level applies to Mining Industry Maintenance Trades Employees.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718828, PR729265, PR740686, PR762119, PR773895]
B.1 Full-time and part-time employees
B.1.1 The ordinary hourly rate includes the industry allowance (clause 18.2(b)) which is payable for all purposes.
B.1.2 Where an additional allowance is payable for all purposes in accordance with clause 18.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
B.1.3 Full-time and part-time employees—ordinary and penalty rates
[B.1.3 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
|
Day |
Afternoon & night |
Permanent night |
Saturday before 12 noon |
Saturday - after 12 noon & Sunday |
Public holiday |
||
|
First 3 hours |
After 3 hours |
||||||
|
|
% of ordinary hourly rate1 |
||||||
|
|
100% |
115% |
130% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Entry level |
25.29 |
29.08 |
32.88 |
37.94 |
50.58 |
50.58 |
63.23 |
|
Level 1 |
26.43 |
30.39 |
34.36 |
39.65 |
52.86 |
52.86 |
66.08 |
|
Level 2 |
27.37 |
31.48 |
35.58 |
41.06 |
54.74 |
54.74 |
68.43 |
|
Level 3 |
28.18 |
32.41 |
36.63 |
42.27 |
56.36 |
56.36 |
70.45 |
|
Level 4 |
29.99 |
34.49 |
38.99 |
44.99 |
59.98 |
59.98 |
74.98 |
|
Level 5 |
31.88 |
36.66 |
41.44 |
47.82 |
63.76 |
63.76 |
79.70 |
|
Level 6 |
33.39 |
38.40 |
43.41 |
50.09 |
66.78 |
66.78 |
83.48 |
|
Level 7 |
34.70 |
39.91 |
45.11 |
52.05 |
69.40 |
69.40 |
86.75 |
1.Ordinary hourly rate includes the industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.1.4 Full-time and part-time employees—other than continuous shiftworkers—overtime
[B.1.4 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
|
Monday to Saturday noon |
Saturday after 12 noon & Sunday |
Public holiday |
||
|
|
First 3 hours |
After 3 hours |
||
|
|
% of ordinary hourly rate1 |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Entry level |
37.94 |
50.58 |
50.58 |
63.23 |
|
Level 1 |
39.65 |
52.86 |
52.86 |
66.08 |
|
Level 2 |
41.06 |
54.74 |
54.74 |
68.43 |
|
Level 3 |
42.27 |
56.36 |
56.36 |
70.45 |
|
Level 4 |
44.99 |
59.98 |
59.98 |
74.98 |
|
Level 5 |
47.82 |
63.76 |
63.76 |
79.70 |
|
Level 6 |
50.09 |
66.78 |
66.78 |
83.48 |
|
Level 7 |
52.05 |
69.40 |
69.40 |
86.75 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.1.5 Full-time and part-time employees—continuous shiftworkers—overtime
[B.1.5 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
|
Monday to Sunday |
|
|
|
% of ordinary hourly rate1 |
|
|
200% |
|
|
$ |
|
Entry level |
50.58 |
|
Level 1 |
52.86 |
|
Level 2 |
54.74 |
|
Level 3 |
56.36 |
|
Level 4 |
59.98 |
|
Level 5 |
63.76 |
|
Level 6 |
66.78 |
|
Level 7 |
69.40 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.2 Casual employees
B.2.1 Casual ordinary hourly rate includes the casual loading and industry allowance (clause 18.2(b)) which are payable for all purposes.
B.2.2 Where an additional allowance is payable for all purposes in accordance with clause 18.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
B.2.3 Casual employees—ordinary and penalty rates
[B.2.3 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
|
Day |
Afternoon & night |
Permanent night |
Saturday before 12 noon |
Saturday - after 12 noon & Sunday |
Public holiday |
||
|
First 3 hours |
After 3 hours |
||||||
|
|
% of casual ordinary hourly rate1 |
||||||
|
|
100% |
115% |
130% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Entry level |
31.61 |
36.35 |
41.09 |
47.42 |
63.22 |
63.22 |
79.03 |
|
Level 1 |
33.04 |
38.00 |
42.95 |
49.56 |
66.08 |
66.08 |
82.60 |
|
Level 2 |
34.21 |
39.34 |
44.47 |
51.32 |
68.42 |
68.42 |
85.53 |
|
Level 3 |
35.23 |
40.51 |
45.80 |
52.85 |
70.46 |
70.46 |
88.08 |
|
Level 4 |
37.49 |
43.11 |
48.74 |
56.24 |
74.98 |
74.98 |
93.73 |
|
Level 5 |
39.85 |
45.83 |
51.81 |
59.78 |
79.70 |
79.70 |
99.63 |
|
Level 6 |
41.74 |
48.00 |
54.26 |
62.61 |
83.48 |
83.48 |
104.35 |
|
Level 7 |
43.38 |
49.89 |
56.39 |
65.07 |
86.76 |
86.76 |
108.45 |
B.2.4 Casual employees—other than continuous shiftworkers—overtime
[B.2.4 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
|
Monday to Saturday noon |
Saturday after 12 noon & Sunday |
Public holiday |
||
|
|
First 3 hours |
After 3 hours |
||
|
% of casual ordinary hourly rate1 |
||||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Entry level |
47.42 |
63.22 |
63.22 |
79.03 |
|
Level 1 |
49.56 |
66.08 |
66.08 |
82.60 |
|
Level 2 |
51.32 |
68.42 |
68.42 |
85.53 |
|
Level 3 |
52.85 |
70.46 |
70.46 |
88.08 |
|
Level 4 |
56.24 |
74.98 |
74.98 |
93.73 |
|
Level 5 |
59.78 |
79.70 |
79.70 |
99.63 |
|
Level 6 |
62.61 |
83.48 |
83.48 |
104.35 |
|
Level 7 |
65.07 |
86.76 |
86.76 |
108.45 |
1.Casual ordinary hourly rate includes the casual loading and industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.2.5 Casual employees—continuous shiftworkers—overtime
[B.2.5 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
|
Monday to Sunday |
|
|
|
% of casual ordinary hourly rate 1 |
|
|
200% |
|
|
$ |
|
Entry level |
63.22 |
|
Level 1 |
66.08 |
|
Level 2 |
68.42 |
|
Level 3 |
70.46 |
|
Level 4 |
74.98 |
|
Level 5 |
79.70 |
|
Level 6 |
83.48 |
|
Level 7 |
86.76 |
1.Casual ordinary hourly rate includes the casual loading and industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
Schedule C—Summary of Monetary Allowances
[Varied by PR718828, PR718983, PR729265, PR729450, PR740686, PR740857, PR750760, PR762119, PR762283, PR773895, PR774064]
See clause 18—Allowances for full details of allowances payable under this award.
[C.1.1 varied by PR718828, PR729265, PR740686, PR762119, PR773895 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly base rate for classification level 3 in clause 15.1 = $1032.30.
|
Clause |
% of standard rate |
$ |
Payable |
|
|
Industry allowance1 |
18.2(b)(i) |
3.7 |
38.20 |
per week |
|
Licence allowance—electricians1 |
18.2(c) |
4.55 |
46.97 |
per week |
|
Drilling, prospecting and exploration allowance—meals not provided |
18.2(d)(i) |
3.39 |
34.99 |
per day |
|
Drilling, prospecting and exploration allowance—meals provided |
18.2(d)(i) |
1.87 |
19.30 |
per day |
|
Drilling, prospecting and exploration allowance—cooks and cooks' assistants—broken shifts1 |
18.2(d)(iii) |
1.07 |
11.05 |
per week |
|
First aid allowance |
18.2(e) |
2.0 |
20.65 |
per week |
|
Leading hand allowance—3 to 10 employees |
18.2(f) |
4.4 |
45.42 |
per week |
|
Leading hand allowance—11 to 20 employees |
18.2(f) |
5.6 |
57.81 |
per week |
|
Leading hand allowance—More than 20 employees |
18.2(f) |
7.53 |
77.73 |
per week |
|
Underground allowance—other than underground miners |
18.2(h) |
7.0 |
1.90 |
per hour |
1 This allowance is payable for all purposes.
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750760 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate standard rate is varied.
C.2 Expense-related allowances
[C.2.1 varied by PR718983, PR729450, PR740857, PR762283, PR774064 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:
|
Clause |
$ |
Payable |
|
|
Meal allowance for overtime work |
18.3(a) |
20.63 |
per meal |
|
Tool allowance |
18.3(b) |
17.86 |
per week |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take-away and fast foods sub-group |
|
Tool allowance |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency based progression if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause E.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.2 Provided that the minimum amount payable must be not less than $106 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
E.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
E.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
E.10 Trial periods
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.
Schedule F—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule G—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule H—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule I—Part-day Public Holidays deleted by PR747336 ppc 14Nov22]
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