MA000017

Textile, Clothing, Footwear and Associated Industries Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 31 December 2023 (PR767884).

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

19Minimum rates

 

Table of Contents

[Varied by PR746868; PR747340, PR750552]

Part 1— Application and Operation of this Award. 4

1. Title and Commencement 4

2. Definitions. 4

3. The National Employment Standards and this award. 5

4. Coverage. 5

5. Individual flexibility arrangements. 8

6. Requests for flexible working arrangements. 10

7. Facilitative provisions. 10

Part 2— Types of Employment and Classifications. 11

8. Types of employment 11

9. Full-time employees. 12

10. Part-time employees. 12

11. Casual employees. 13

12. Junior employees. 14

13. Apprentices. 15

14. Outwork and related provisions. 15

15. Classifications. 16

Part 3— Hours of Work. 16

16. Ordinary hours of work. 16

17. Rostering arrangements. 17

18. Breaks. 18

Part 4— Wages and Allowances. 20

19. Minimum rates. 20

20. Payment of wages. 25

21. Payment by results (PBR) 26

22. Allowances—General 29

23. Allowances—Clothing industry. 31

24. Allowances—Textile industry. 32

25. Allowances—Felt and wadding industry. 34

26. Accident pay. 35

27. Superannuation. 36

Part 5— Overtime and Penalty Rates. 38

28. Overtime. 38

29. Shiftwork and penalty rates—general 41

30. Shiftwork and penalty rates—textile industry. 42

31. Seven day continuous shiftwork and penalty rates—textile industry. 44

Part 6— Leave and Public Holidays. 46

32. Annual leave. 46

33. Personal/carer’s leave and compassionate leave. 52

34. Parental leave and related entitlements. 52

35. Community service leave. 52

36. Family and domestic violence leave. 52

37. Public holidays. 53

Part 7— Consultation and Dispute Resolution. 54

38. Consultation about major workplace change. 54

39. Consultation about changes to rosters or hours of work. 55

40. Dispute resolution. 56

41. Dispute resolution training leave. 57

Part 8— Termination of Employment and Redundancy. 58

42. Termination of employment 58

43. Redundancy. 59

Schedule A —Classifications/Skill Levels. 62

Schedule B —Classifications/Skill Levels Definitions. 70

Schedule C —Summary of Hourly Rates of Pay—General 81

Schedule D —Summary of Monetary Allowances. 88

Schedule E —Apprentices. 91

Schedule F —Outwork and Related Provisions. 95

Schedule G —Supported Wage System.. 109

Schedule H —Agreement to Take Annual Leave in Advance. 112

Schedule I —Agreement to Cash Out Annual Leave. 113


Part 1—Application and Operation of this Award

1.                      Title and Commencement

1.1                   This award is the Textile, Clothing, Footwear and Associated Industries 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.

2.                      Definitions

[Varied by PR733905]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

allied manufacturing and fabricating industries has the meaning given in clause 4.2.

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.

bag making industry has the meaning given in clause 4.2.

button making industry has the meaning given in clause 4.2.

[Definition of casual employee inserted by PR733905 from 27Sep21]

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

clothing industry has the meaning given in clause 4.2.

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.

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

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

Fair Work Commission means the Fair Work Commission or its successor.

footwear industry has the meaning given in clause 4.2.

junior employee has the meaning given in clause 12Junior employees.

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

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of employees to a client, where such employees work under the general guidance and instruction of the client or a representative of the client.

ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 19Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

outworker entity has the same meanings as defined under the Act.

seven day shiftworkers means for the purpose of the additional week of leave provided by the NES, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

standard rate means the minimum rate for General Skill Level 4 in clause 19.1.

textile industry has the meaning given in clause 4.2.

union means the Textile, Clothing and Footwear Union of Australia and in Queensland may also include the Australian Workers Union.

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 the 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.

3.4                   Outworkers covered by Schedule F—Outwork and Related Provisions, will be provided with the information sheet appended to that Schedule.

4.                      Coverage

4.1                   This industry award covers employers throughout Australia in the textile industry, clothing industry, bag making industry, button making industry, footwear industry and allied manufacturing and fabricating industries and their employees engaged in duties covered by the classifications in this award.

4.2                   The industries set out in clause 4.1 are defined as follows:

(a)          allied manufacturing and fabricating industries includes but is not limited to:

(i)           processing and treatment of raw cotton;

(ii)         spinning, throwing, texturising, creping, extruding, mercerising, impregnating, processing and treatment of fibres, filaments, threads, tyre cords, or yarns of all descriptions including animal or vegetable fibres, artificial silk, cotton, flax, pure silk, filament, synthetic fibres or wool, or any of them combined with one another or with any other animal, natural or synthetic fibre;

(iii)       weaving, including hand weaving braids, fabrics, materials and/or webbing tapes of all kinds and descriptions;

(iv)       dyeing, bleaching, coating, calendering, cleaning and/or finishing of all types of fabrics, filament yarns, wool tops, yarns and articles of all descriptions up to and including the completed product;

(v)         printing including hand printing, screen and/or roller printing and stamping of fabrics and/or articles of all kinds and descriptions;

(vi)       mending and/or repairing (including invisible mending) of fabrics and/or articles of all kinds and descriptions;

(vii)     manufacturing of artificial silk, filament yarns, man-made fibres and/or synthetic fibres;

(viii)   knitting and the manufacture of hosiery, half hose, children’s hose, underwear, outerwear, jersey piecegoods, fabrics and like goods or materials;

(ix)       storing, sorting, scouring, carbonising, mixing, blending and combing of wool and top-making;

(x)         storing, blending, carding or garnetting of wool, hair, or other fibres, felting, needling, milling, tentering and/or drying; and

(xi)       every operation, process, duty and function or calling carried on or performed in or in connection with or incidental to any of the foregoing.

(b)         bag making industry includes bag making and repairing, including manufacture of jute, hessian, calico and stockinette bags, water bags, tents, tarpaulins, blinds and covers;

(c)          button making industry includes haberdashery and manufacture and/or treatment of buckles, buttons and of badges;

(d)         clothing industry includes wholly or partly designing, preparing, manufacturing, processing, labelling or, finishing, or wholly or partly controlling, managing or supervising the designing, preparing, manufacturing, processing or finishing, of any type of garment, apparel or articles (including aprons, napery, nappies, manchester, linen, handkerchiefs, mosquito nets, artificial flowers, cot covers, blankets, collars, cuffs, neckwear, earmuffs, rugs and mats, hats and headwear, umbrellas or parasols or the like) whether inside or outside of a factory or workroom;

(e)          footwear industry includes design or cutting of patterns for and/or wholly or partly preparation, manufacturing, making and repairing of footwear, boots, shoes, sandals, surgical and fitted boots and slippers and all component parts, of every description from any material, including cutting or preparing half soles, tip fillers or top pieces including where performed by bespoke bootmakers and repairers and heel bar operatives;

(f)           textile industry includes artificial silk; blinds; braids; carpets; cloth, including shade cloth; commission dyeing, bleaching and finishing; cotton; cotton wool; elastic webbing; embroidery; fabrics; felt, wool and/or fibre; filament yarns; flax; hosiery; knitting and knitted articles; kraft paper yarns; labels; lace; man-made fibres; medical dressings, materials and supplies; mercerising; narrow fabrics; non-woven fabrics; personal and household hygiene products; printing of textiles; pure silk; quilting; ribbons; synthetic fibres and yarns; tassels; technical textiles; textile waste and flock; trimmings; wadding; webbing tapes; woollen and worsted; and woven materials.

4.3                   This award covers all outworker entities who are covered by the terms of this award in respect of Schedule F—Outwork and Related Provisions.

4.4                   This award does not cover:

(a)          electricians;

(b)         clerical employees within the application of the Clerks—Private Sector Award 2020;

(c)          maintenance tradespersons and their apprentices covered by the classifications contained in the Manufacturing and Associated Industries and Occupations Award 2020, save and except for textile, clothing and footwear mechanics/tradespersons and their apprentices covered by the classifications contained in this award.

4.5                   This award does not cover:

(a)          an employee 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), 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                   This award covers any employer which supplies labour on an on-hire basis in any of the industries set out in clause 4.1 (as defined is clause 4.2) in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in those industries. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7                   This award covers employers which provide group training services for apprentices and/or trainees engaged in the industries and/or parts of the industries set out at clause 4.1 (as defined in clause 4.2) and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.7 operates subject to the exclusions from coverage in this award.

4.8                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is the 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 individual flexibility agreement cannot be made so as to affect the provisions of Schedule F—Outwork and Related Provisions.

5.5                   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.

5.6                   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.

5.7                   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.

5.8                   An agreement must be:

(a)          in writing; and

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

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

5.10               The employer must give the employee up to 7 working days to enable the employee to seek advice, where appropriate, from the employee’s union.

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

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

5.13               An agreement may be terminated:

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

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

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 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).

5.14               An agreement terminated as mentioned in clause 5.13(b) ceases to have effect at the end of the period of notice required under that clause.

5.15               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 PR763211 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 40Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or the majority of employees in the enterprise or part of the enterprise concerned.

7.2                   Facilitation by individual agreement

The following facilitative provisions can be utilised by agreement between the employer and an individual employee:

(a)          paying a regular part-time employee a loading;

(b)         broken leave;

(c)          changing the time of taking annual leave;

(d)         rostered day substitution;

(e)          annual leave in advance;

(f)           cashing out of annual leave; and/or

(g)          time off instead of payment for overtime; and

(h)         substitution of public holidays or part-day public holidays by agreement.

7.3                   Facilitation by majority or individual agreement

The following facilitative provisions can be utilised by agreement between the employer and a majority of employees in the workplace or a section or sections of it or an employer and individual employee:

(a)          changing the day a rostered day off is taken;

(b)         rostered day substitution;

(c)          spread of hours altered by up to one hour at either end of the spread (7.00 am to 7.00 pm); and/or

(d)         not working for more than 5 hours without a meal break unless by agreement.

7.4                   Facilitation by majority agreement

The following facilitative provisions may only be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it:

(a)          alteration of time standards;

(b)         operation of PBR system;

(c)          changing the starting and finishing times;

(d)         time of taking rostered days off;

(e)          extending annual close down by no more than 2 days;

(f)           closing down in 2 or 3 periods, and time of annual close down;

(g)          calculation of PBR; and/or

(h)         overtime.

7.5                   Procedure for seeking majority or individual agreement

Where agreement is sought to be reached with an individual or a majority of employees in a workplace or a section or sections of it, the following procedure will apply:

(a)          where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal;

(b)         the agreement reached must be recorded in the time and wages record kept by the employer;

(c)          if an employee is a member of a union, the employee may be represented by that organisation in meeting and conferring with the employer about the implementation of the facilitative provisions; and

(d)         where the union is representing employee/s it must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of facilitative provisions. Involvement by the union does not mean that the consent of the representative is required prior to the introduction of the facilitative provisions.

7.6                   Individual agreement

An employer may only seek an individual agreement under clause 7 if the following conditions are satisfied:

(a)          no agreement has been sought by the employer with the majority of employees; and

(b)         the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   Employees under this award will be employed in one of the following categories:

(a)          full-time;

(b)         part-time; or

(c)          casual.

9.                      Full-time employees

A full-time employee is engaged to work 38 ordinary hours per week.

10.                 Part-time employees

[Varied by PR733905]

10.1               A part-time employee is a day worker or shiftworker who:

(a)          is engaged to work less than 38 ordinary hours per week;

(b)         has predictable hours of work; and

(c)          receives, on a pro rata basis, equivalent pay and conditions of those full-time employees who do the same kind of work.

[10.2 deleted by PR733905 from 27Sep21]

[10.3 renumbered as 10.2 by PR733905 from 27Sep21]

10.2               A part-time employee may be employed in any skill level of this award.

[10.4 renumbered as 10.3 by PR733905 from 27Sep21]

10.3               At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

[10.5 renumbered as 10.4 by PR733905 from 27Sep21]

10.4               Any variation to the regular pattern of work must be agreed and recorded in writing in accordance with clause 7.

[10.6 renumbered as 10.5 by PR733905 from 27Sep21]

10.5               An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any day or any shift.

[10.7 renumbered as 10.6 by PR733905 from 27Sep21]

10.6               An employer must not require a part-time employee to attend for duty more than once on any one day.

[10.8 renumbered as 10.7 by PR733905 from 27Sep21]

10.7               All time worked in excess of the hours mutually agreed in accordance with clauses 10.3 and 10.4 will be overtime and paid for at the rates prescribed in clause 28Overtime.

[10.9 renumbered as 10.8 by PR733905 from 27Sep21]

10.8               A part-time employee must be paid at least:

(a)          if time workers: at the ordinary hourly rate prescribed for the appropriate skill level for the work performed; or

(b)         if payment by results workers: at the appropriate payment by results system rate in accordance with clause 21Payment by results (PBR), provided that the payment is not less than the hourly rate for their skill level for the time worked.

[10.10 renumbered as 10.9 by PR733905 from 27Sep21]

10.9               When calculating a part-time employee’s pro rata entitlement to annual leave and personal/carer’s leave, the part-time employee must be paid in proportion to the average number of ordinary hours worked in the previous 12 months. If there is not a 12 month period of employment then the calculation will be based on the average number of ordinary hours worked each week for the actual period of employment.

[10.11 renumbered as 10.9 by PR733905 from 27Sep21]

10.10           Where a part-time employee works on a public holiday payment will be calculated in accordance with clause 37.3Work on public holidays.

[10.12 renumbered as 10.11 by PR733905 from 27Sep21]

10.11           Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa. If such an employee transfers from full-time employment to part-time employment (or vice-versa), all accrued award and legislative entitlements will be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment. Following transfer to full-time employment accrual will occur in accordance with the provisions relevant to full-time employment. At the request of the employee, the employer must provide to the employee written confirmation of the quantum of the employee’s leave entitlements as at the date of conversion.

NOTE: The Fair Work Regulations 2009 contain obligations in relation to the making and retention of employee records.

11.                 Casual employees

[Varied by PR733905]

[11.1 substituted by PR733905 from 27Sep21]

11.1               A casual employee may only be engaged in relieving work or work of an irregular or intermittent nature.

11.2               An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee.

11.3               A casual employee must be notified:

(a)          upon initial engagement, that they are engaged as a casual employee; and

(b)         upon any change of employment status, of their new employment status.

11.4               On each occasion a casual employee is required to work, the casual employee is entitled to a minimum payment for 3 hours’ work.

11.5               An employer must not require a casual employee to attend for duty more than once on any day.

11.6               Casual employees must be paid at the end of each day, but may agree to be paid weekly.

11.7               Casual employees are entitled to penalty payments for overtime, shiftwork and work on public holidays in accordance with the provisions of this award as they apply to permanent employees.

11.8               Casual employees are entitled to all provisions of this award including overtime and superannuation and excluding annual leave, sick leave and public holidays.

11.9               Casual loading

For each ordinary hour worked, a casual employee must be paid:

(a)          the ordinary hourly rate prescribed for the relevant classification; and

(b)         a loading of 25% of the hourly rate.

11.10           When a casual employee works overtime, they must be paid the overtime rates in clause 28.4.

11.11           Termination of casual employee’s employment

[11.11 varied by PR733905 from 27Sep21]

A casual employee’s employment can be terminated by either:

(a)          the giving of one hour’s notice by either party; or

(b)         the payment or forfeiture of one hour’s wages.

11.12           Offers and requests for casual conversion

[11.12 renamed and substituted by PR733905 from 27Sep21]

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

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 40Dispute resolution.

12.                 Junior employees

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

12.2               An employer may engage junior employees.

12.3               A junior employee must be paid in accordance with clause 19.6.

13.                 Apprentices

13.1               An employer may engage an apprentice in accordance with Schedule E—Apprentices.

13.2               An employer must pay apprentices in accordance with clauses 19.7 and 19.8.

14.                 Outwork and related provisions

14.1               Arrangements (including for the engagement of outworkers) must be made by Principals in accordance with Schedule F—Outwork and Related Provisions.

14.2               Nothing in this award will operate (or is intended to operate) to cover the field (or otherwise displace or reduce the scope of jurisdiction) occupied (or exercised immediately prior to 1 January 2010) by State legislative regulation of any party which enters into any arrangement for the performance of work outside the business or commercial premises of the party (including arrangements for the performance of work for the party by outworkers).

14.3               In particular, nothing in this award will operate (or is intended to operate) to reduce the scope of application (immediately prior to 1 January 2010) of the following State legislative instruments and provisions:

(a)          Industrial Relations Act 1996 (NSW) (as amended):

sections 129A–129J inclusive (and other provisions of this or any other legislation which are necessary or incidental to the operation of these provisions);

(b)         Industrial Relations (Ethical Clothing Trades) Act 2001 (NSW);

(c)          NSW Ethical Clothing Trades Extended Responsibility Scheme 2005;

(d)         Fair Work Act 1994 (SA) (as amended):

sections 99A–99J inclusive (and other provisions of this or any other legislation which are necessary or incidental to the operation of these provisions);

(e)          Fair Work (Clothing Outworker Code of Practice) Regulations 2007 (SA);

(f)           Industrial Relations Act 1999 (Qld) (as amended):

sections 8C and 400A–400I inclusive (and other provisions of this or any other legislation which are necessary or incidental to the operation of these provisions);

(g)          Industrial Relations Act 1984 (Tas) (as amended):

section 3 inclusive (and any other provisions of this or any other legislation which are necessary or incidental to the operation of these provisions);

(h)         Outworker (Improved Protection) Act 2003 (Vic) (as amended) and any other provisions of this or any other legislation which are necessary or incidental to the operation of this provision; and/or

(i)            Outworker (Improved Protection) Amendment Act 2005 (Vic) (as amended) and any other provisions of this or any other legislation which are necessary or incidental to the operation of this provision.

15.                 Classifications

15.1               Employees will be classified in accordance with clause 19Minimum rates and Schedule A—Classifications/Skill Levels.

15.2               Upon request by an employee, an employer must advise employees in writing of their classification:

(a)          at the time of commencement; and

(b)         at the time of any change to the employee’ s classification during the course of the employee’s employment.

Part 3—Hours of Work

16.                 Ordinary hours of work

16.1               Hours of work

(a)          Ordinary hours of work are provided for in Division 3 of the NES.

(b)         The average ordinary hours of work for a full-time or casual employee will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.

(c)          The ordinary hours of work for a part-time employee will be as agreed in accordance with clause 10Part-time employees.

(d)         An employer must notify an employee of the starting and finishing times of work each day, which are the ordinary working hours.

(e)          In the clothing industry, an employer must clearly display the ordinary working hours in an obvious place in each workplace.

(f)           An employer must pay an employee for time worked outside or in excess of ordinary working hours in accordance with clause 28—Overtime.

16.2               Spread of hours

Ordinary hours may be worked between 7.00 am and 7.00 pm for up to 8 ordinary hours per day, Monday to Friday inclusive.

16.3               Changes to hours

(a)          Where the employer and a majority of employees agree, in accordance with clause 7.4:

(i)           Starting and finishing times may be altered by up to one hour at either end of the spread of hours.

(ii)         The number of hours in a day that may be worked without the payment of overtime may be changed. However, the ordinary hours of work must not exceed 10 hours on any day.

(b)         The starting and/or finishing times in any factory or part of any factory will not be altered without agreement between the employer and majority of employees in accordance with clause 7.4 or after 7 days’ notice to affected employees.

17.                 Rostering arrangements

17.1               Arrangement of working hours including rostered days off

(a)          Where an employer and the majority of employees agree, in accordance with clause 7.4, the hours of work may be worked in accordance with any one of the following methods:

(i)           working shorter hours on one or more days of each week;

(ii)         fixing a day on which all employees will be off during a particular work cycle;

(iii)       roster employees off on various days of the week during a particular work cycle.

(b)         An employer must give an employee who is entitled to a rostered day or days off at least 4 weeks’ notice in advance of the weekday the employee is to take off.

(i)           If an employee has not accumulated a full day’s entitlement when the employee takes a rostered day off, the employee must receive payment for that day for the actual time accrued.

(ii)         Rostered days off may accumulate to a maximum of 7 days which must be taken:

·   in one or 2 continuous periods within one month of accrual; or

·   by agreement between the employer and a majority of employees, in accordance with clause 7.4.

(c)          The starting and finishing times, daily working hours and weekly working hours worked under an arrangement must be regarded as the ordinary working hours, and work performed outside of or in excess of these hours must be paid at the appropriate overtime rate in clause 28Overtime.

(d)         An employer and a majority of employees may agree to vary the arrangement of working hours in accordance with clause 7.4.

(e)          Rostered day off falling on public holiday

Rostered days off falling on a public holiday will be dealt with in accordance with clause 37Public holidays.

17.2               Substitution of rostered day off

(a)          In the case of:

(i)           breakdown in machinery, or failure or shortage of electric power; or

(ii)         requirements of the business in the event of rush orders; or

(iii)       some other emergency situation,

an employer may, by agreement with the majority of employees concerned, substitute the rostered day off agreed to for another day.

(b)         The employer and a majority of employees concerned may agree, in accordance with clause 7.4, to substitute the rostered day off agreed to for another day.

(c)          An individual employee, at the individual employee’s initiative, may agree with the employer to substitute the day the employee is rostered to take off, for another day.

18.                 Breaks

18.1               Unpaid meal breaks

(a)          An employee is entitled to an unpaid meal break of not less than 30 minutes and not more than one hour each shift or day.

(b)         If an employer requires an employee (other than a maintenance employee who is required to work through a meal break to rectify a mechanical breakdown) to work through a meal break, the employee must be paid at overtime rates (clause 28Overtime) until the break is taken.

(c)          No employee will be required to work for more than 5 hours without a meal break unless:

(i)           an employer and the majority of employees in an enterprise or part of an enterprise concerned agree to work in excess of 5 hours (but less than 6) without a meal break; and

(ii)         the agreement is made in accordance with clause 7.4.

18.2               Meal breaks—shiftworkers in the textile industry

Clause 18.1 applies to shiftworkers in the textile industry, subject to the following:

(a)          Where 2 eight hour or 3 eight hour shifts are worked, instead of the meal break provided in clause 18.1, the employer has the discretion to, as opportunity offers, provide the shiftworker a 20 minute paid crib break per shift which will be counted as time worked.

(b)         7 day continuous shiftworkers in the textile industry are entitled to a paid 20 minute meal break during each shift instead of the meal break provided in clause 18.1.

18.3               Paid rest breaks

(a)          An employee is entitled to 2 paid 10 minute rest periods per day, not adjacent to starting and/or finishing times.

(b)         One of the 2 rest breaks will occur in the work period prior to the employee’s main meal break and the second will occur in the work period after the employee’s main meal break.

18.4               Breaks, rests and meal allowance during overtime

(a)          An employee required to work in excess of one and a half hours overtime will be allowed a meal break of at least 30 minutes and will in addition to any overtime payable be paid meal allowances. The provision of a meal allowance does not apply if the employer provides an adequate meal.

(b)         An employee who works overtime is entitled to a meal break no later than 5 hours after the employee’s previous meal break.

(c)          An employee is entitled to subsequent meal breaks no later than 4 hours after each meal break during overtime. The employer must, unless they have notified the employee on the previous day or earlier that such second or subsequent meal will also be required:

(i)           provide the employee with a second or subsequent meal; or

(ii)         pay a meal allowance in accordance with clause 22.3(a) for the second or subsequent meal.

(d)         An employee must be paid the meal allowance(s) before working the overtime, if the employee so requests.

(e)          If notice of overtime is given and then the overtime is not worked (except as a result of a breakdown in machinery or plant) the employee is still entitled to the meal allowance.

(f)           An employee will not be entitled to the meal break if the overtime is worked on a day where there is an early finishing time, except where a total of 5 ½ hours will be worked (inclusive of overtime) following the midday meal break.

(g)          An employee who:

(i)           is not entitled to a meal break; and

(ii)         works more than one hour’s overtime prior to or after an 8 hour shift,

is entitled to a 10 minute paid rest break, paid at the appropriate overtime rate.

18.5               Minimum break before or after overtime

(a)          Wherever practicable, the employer will arrange overtime so that employees will have at least 10 consecutive hours off duty between work on successive days.

(b)         Where an employee has not had at least 10 consecutive hours break between those times, the employee:

(i)           must be released after completion of such overtime until the employee has 10 consecutive hours off duty without loss of pay for ordinary time occurring during such absence; or

(ii)         if on the direction of the employer such an employee resumes or continues work without having had 10 consecutive hours off duty, the employee must be paid at 200% of the ordinary hourly rate until released from duty for 10 hours and is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c)          The provisions of clause 18.5 will apply in the case of shiftworkers as if 8 hours were substituted for 10 hours when overtime is worked:

(i)           for the purpose of changing shift rosters; or

(ii)         where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace such shiftworker; or

(iii)       where a shift is worked by arrangement between the employees themselves.

Part 4—Wages and Allowances

19.                 Minimum rates

[Varied by PR729272, PR740692, PR762126, PR767884]

An employer must pay employees the following minimum rates for ordinary hours worked by the employee:

19.1               General rates

[19.1 varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Employee Classification/Skill Level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Trainee

859.30

22.61

Skill level 1

882.80

23.23

Skill level 2

914.90

24.08

Skill level 3

945.00

24.87

Skill level 4

995.00

26.18

Skill level 5 and thereafter

1057.40

27.83

19.2               Wool and basil employee rates

[19.2 varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Employee Classification/Skill Level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

General hand

859.30

22.61

Operator – Grade 3

882.80

23.23

Operator – Grade 2

914.60

24.07

Operator – Grade 1

947.10

24.92

Senior Operator – Grade 2

995.00

26.18

Senior Operator – Grade 1

1026.20

27.01

19.3               Storeworker rates

[19.3 varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Employee Classification/Skill Level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Storeworker Grade 1—on commencement

914.90

24.08

Storeworker Grade 1—after 3 months

925.90

24.37

Storeworker Grade 1—after 12 months

936.60

24.65

Storeworker Grade 2

944.90

24.87

Storeworker Grade 3

971.80

25.57

Storeworker Grade 4

1000.50

26.33

19.4               Warehouse employee rates

[19.4 varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Warehouse employees will be paid $6.00 less than the minimum weekly rates of pay for the storeworker set out in clause 19.3.

Employee Classification/Skill Level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Warehouse Grade 1—on commencement

908.90

23.92

Warehouse Grade 1—after 3 months

919.90

24.21

Warehouse Grade 1—after 12 months

930.60

24.49

Warehouse Grade 2

938.90

24.71

Warehouse Grade 3

965.80

25.42

Warehouse Grade 4

994.50

26.17

19.5               Other employee rates

[19.5(a) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(a)          An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee Classification/Skill Level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Forklift and tow motor drivers

945.00

24.87

High rise stacker operators

968.98

25.50

Pedestrian forklift operators

935.35

24.61

(b)         Fork-lift driver and tow motor driver

Fork-lift drivers and tow motor drivers will be paid the minimum rate for Skill Level 3 set out in clause 19.1.

(c)          High rise stack operator

High rise stack operators will be paid the minimum rate for Skill Level 3 set out in clause 19.1 plus 2.41% of the standard rate.

(d)         Pedestrian fork-lift operator

When any pedestrian fork-lift is used for the loading or unloading of vehicles or trucks the operator of such pedestrian fork-lift will be paid the minimum rate for Skill Level 3 set out in clause 19.1 minus 0.97% of the standard rate.

NOTE: See Schedule C—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalties.

19.6               Junior employee rates

[19.6(a) varied by PR767884 ppc 31Dec23]

(a)          The minimum award rates to be paid to junior employees, other than apprentices will be as follows:

Age

% General Skill Level 2

Under 17 years

55

At 17 years

65

At 18 years

75

At 19 years

80

At 20 years

90

At 21 years

Appropriate adult rate

(b)         The total rate must be calculated to the nearest 5 cents.

19.7               Apprentice rates

(a)          The minimum weekly rates of pay to be paid to apprentices who commenced before 1 January 2014 will be as follows:

 

% of General Skill Level 4

1st year

50

2nd year

65

3rd year

75

4th year

85

Thereafter

Appropriate adult rate

(b)         The minimum weekly rates of pay to be paid to apprentices who commenced on or after 1 January 2014 will be as follows:

 

% of General Skill Level 4 for apprentices who have not completed year 12

% of General Skill Level 4 for apprentices who have completed year 12

1st year

50

55

2nd year

65

65

3rd year

75

75

4th year

85

85

Thereafter

Appropriate adult rate

Appropriate adult rate

(c)          The total rate must be calculated to the nearest 5 cents.

(d)         The weekly rate for an apprentice will not be less than the rate for a junior of the same age.

19.8               Adult apprentice rates

(a)          Where a person was employed by an employer immediately before becoming an adult apprentice with that employer, such person will not suffer a reduction in actual rate of pay by virtue of becoming indentured.

(b)         The minimum weekly rates of pay to be paid to adult apprentices who commenced before 1 January 2014 will be as follows:

 

% of General Skill Level 4

1st year

82

2nd year

87

3rd year

92

4th year

100

(c)          The minimum weekly rates of pay to be paid to an adult apprentice who commenced on or after 1 January 2014 will be the greater of:

(i)           the following percentage of General Skill Level 4 in the table below;

(ii)         the rates prescribed by clause 19.1 for the relevant year of the apprenticeship; or

(iii)       in the case of an adult apprentice in the second or subsequent year of their apprenticeship, the rate for the lowest adult classification in clause 19.1.

 

% of General Skill Level 4

1st year

82

2nd year

87

3rd year

92

4th year

100

(d)         An adult apprentice who enters their apprenticeship at an advanced stage will be deemed, for the purpose of calculating the appropriate wage rate, to have completed the period by which they have been advanced.

(e)          Progress to the next rate of wage will occur when the balance of the year to which they have been advanced in their apprenticeship is completed.

19.9               Higher duties

(a)          An employee who is required to do work for which a higher rate is fixed than that provided for their ordinary duties must, if such work exceeds a total of 2 hours on any day, be paid for all work done on such day at the higher rate.

(b)         In all other cases the employee must be paid the higher rate for the actual time worked.

19.10           Supported wage system

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

19.11           National training wage

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

[19.11(b) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Textile, Clothing, Footwear and Associated Industries Award 2020 and not the Miscellaneous Award 2020.

20.                 Payment of wages

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

20.1               Wages will be paid weekly and not later than Thursday of any particular week. Wages may be paid by cash or electronic funds transfer (EFT).

20.2               Casual employees must be paid in accordance with clause 11.6.

20.3               Payment on termination of employment

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

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

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

(b)         The requirement to pay wages and other amounts under clause 20.3(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 20.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 20.3. 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.

21.                 Payment by results (PBR)

[Varied by PR729272, PR740692, PR762126]

21.1               Introduction of payment by results system

(a)          An employer may maintain, alter or institute a system of individual or group payment by results consistent with the skills based classification structure, subject only to the provisions and limitations set out in clause 21.

(b)         If an employee employed on a PBR system is prevented from working at their PBR rates because of:

(i)           machinery breakdown;

(ii)         shortage of materials, or lack of work;

(iii)       transfer to other duties for which no PBR rates are available; or

(iv)       transfer to other duties at which the operators are insufficiently skilled to earn in excess of their skill level time rates;

the employee must be paid their PBR rate applicable to their skill level and the time rate for their skill level.

21.2               Calculation of PBR earnings

(a)          The employer must calculate the minute pay rate for each standard time minute by dividing the total award wage for the appropriate skill level by 2280 wherever appropriate.

(b)         The employer may depart from clause 21.2 with the consent of the majority of employees provided that agreement is in accordance with clause 7.4.

(c)          Any proposal which is put to employees must be reduced to a written form for their consideration prior to the taking of a vote.

(d)         Where an employer is currently paying a bonus minute rate higher than the above, the higher rate must continue to be applied and must be increased in accordance with any variation in the relevant skill level wage rate.

(e)          An employer must calculate the payment by results earnings of an employee in accordance with clause 21.2(a) or 21.2(d) by multiplying the minute pay rate by the excess of the standard time produced over real time worked under payment by results.

(f)           The employer must pay the worker their PBR earnings calculated in accordance with clause 21.2(a) or 21.2(d) in addition to the total award wage appropriate to the employee’s skill level.

21.3               Objective when setting time standard

An employer may fix or alter a time standard in respect of any textile product or part of a textile product, or any article or part of an article provided such time standard is set:

(a)          in accordance with clause 21.6; and

(b)         to enable adult employees of average capacity in any given period to earn at least 20% more than the total award rate for their respective skill level.

21.4               Each day stands alone

Where an employee earns payment by results earnings for work performed in any day, such earnings must be credited to the employee and must not be reduced because the employee fails to earn payment by results earnings in any other day.

21.5               Apprentices and juniors

An apprentice or junior must have their task set and be deemed to be producing bonus minutes when they have produced that number of minutes in proportion to the ordinary daily adult task or number of minutes as their rate of pay is in proportion to the appropriate adult minimum award rate.

21.6               Fixing time standards

An employer must calculate the time standard allowed for the performance of work in accordance with the following procedure:

(a)          An employer must consult with the PBR employees who must be given adequate opportunity to consult their union or representative prior to the finalisation of any time standard fixed under clause 21.6.

(b)         An employer must provide to the PBR employees the basis upon which the payment by results system is calculated, including appropriate allowances and the likely weekly earnings on such time standard.

21.7               Alteration of time standards

Once a time standard has been fixed under clause 21.6, it must not be altered except where any of the following circumstances occur:

(a)          there is a change in the manufacturing methods;

(b)         there is a change in the materials used;

(c)          there is a change in the machines or equipment used;

(d)         to correct an agreed error in the existing time standard; or

(e)          by agreement between the employer and the PBR employees, in accordance with clause 7.4. Any proposal which is put to employees must be reduced to a written form for their consideration prior to the taking of a vote.

21.8               Posting of time standards

(a)          An employer must clearly display a copy of the time standard for each PBR operation in each work area in each enterprise. The copy of the time standard must be updated within 24 hours of any changes to the time standards.

(b)         The employer must also display in each work area in each enterprise a conversion table to enable an employee to convert time standards into monetary amounts.

21.9               Recording of time standard

(a)          Once a time standard has been fixed in accordance with clause 21.6, it must be recorded in the time and wage book and each affected employee given a copy.

(b)         Where an employee has worked part of the week on PBR, they will be entitled to their earnings in full for the actual time worked on PBR if the earnings are higher than the appropriate award rate for such time.

(c)          As far as practicable, different grades of work will be equitably divided between PBR employees.

(d)         An employee operating under clause 21 who also instructs a trainee must receive in addition to their payment by results earnings:

[21.9(d)(i) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(i)           $8.96 (0.9% of standard rate) for the first week;

[21.9(d)(ii) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(ii)         $7.96 (0.8% of standard rate) for their second week; and

[21.9(d)(iii) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(iii)       $7.06 (0.71% of standard rate) for their third or any subsequent weeks.

(e)          Any amounts contained in clause 21.9(d) will be calculated to the nearest 10 cents, any fraction below 5 cents to be disregarded.

(f)           Weavers who commence work on a warp must be provided with the following details in writing:

(i)           the particulars of the class of work;

(ii)         the number of picks per centimetre length of cut;

(iii)       speed of loom; and

(iv)       the price per cut.

21.10           Payment for overtime (PBR)

(a)          An adult or junior employee working under a piecework system who is asked to perform work after or before the usual starting or finishing time on any day Monday to Friday inclusive, must be paid in addition to their normal payment by results rate:

(i)           for the first 3 hours on any one of such days, at 50% of the ordinary hourly rate prescribed for an adult employee employed on the same work in clause 19Minimum rates;

(ii)         for any overtime beyond those 3 hours on any one of such days, at the ordinary hourly rate prescribed for an adult employee employed on the same work in clause 19Minimum rates.

(b)         Juniors under 18 years of age, who work more than 10 hours in a week must be paid for such overtime at the rate prescribed.

21.11           Training

An employer implementing a PBR system under clause 21 must provide each employee with appropriate training to ensure that individual performance is the only variable distinguishing employees within a skill level.

22.                 Allowances—General

[Varied by PR729272, PR729457, PR740692, PR740865, PR762126, PR762289]

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.

22.1               Allowance rates

Employers must pay to an employee the allowances the employee is entitled to under clause 22.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

22.2               Wage-related allowances

(a)          First aid allowance

[22.2(a) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Where an employee is appointed by the employer to be a first aid attendant and holds relevant first aid qualifications the following allowance will apply:

Number of employees at the workplace

$ per week

1 to 50 employees

17.71

51 employees or more

22.29

(b)         Leading hand allowance

[22.2(b) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An employee who is appointed by the employer to be a leading hand will be paid an allowance each week as follows:

In charge of

$ per week

3 to 10 employees

39.40

11 to 20 employees

59.70

21 or more employees

75.62

22.3               Expense-related allowances

(a)          Meal allowance

[22.3(a)(i) varied by PR729457, PR740865, PR762289 ppc 01Jul23]

(i)           An employer must pay a meal allowance of $15.03 where an employee is required to work overtime:

·   Monday to Friday inclusive; and

·   for more than one hour after the usual finishing time or after 6.00 pm, whichever is the later.

(ii)         The meal allowance is not payable if the employer provides an adequate recognised evening meal.

(b)         Hospital allowance

An employee who suffers an injury arising out of and in the course of their employment, which does not give rise to an entitlement to workers compensation and which necessitates the employee’s attendance during working hours at a doctor or hospital, is entitled to reimbursement by the employer for all expenses reasonably incurred in connection with the attendance.

(c)          Uniform allowance

(i)           Where the employer requires an employee to wear a uniform, the employer must reimburse the employee for the actual cost of providing and cleaning such uniform.

(ii)         The provision of clause 22.3(c) will not apply where the employer supplies and cleans the uniform without cost to the employee.

(d)         Tool allowance

(i)           Where the employer requires an employee to provide all tools necessary for the work to be performed, the employer must reimburse the employee for the actual cost of providing such equipment.

(ii)         The provision of clause 22.3(d) will not apply where the employer supplies such items without cost to the employee.

(e)          Protective clothing allowance

(i)           Where the employer requires the employee to wear protective clothing as stipulated by the relevant law operating in a State or Territory covered by this award, the employer must reimburse the employee for the cost of purchasing such special clothing.

(ii)         The provisions of clause 22.3(e) will not apply where the employer supplies such items without cost to the employee.

(f)           Protective gloves or cream

(i)           Where the employer requires an employee to provide protective gloves or a protective cream to handle chemicals, solvents, solutions or dyes, the employer must reimburse the employee for the actual cost of providing such equipment.

(ii)         The provision of clause 22.3(f) will not apply where the employer supplies such items without cost to the employee.

23.                 Allowances—Clothing industry

[Varied by PR729272, PR740692, PR762126 ppc 01Jul23]

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

23.1               Allowance rates

Employers must pay to an employee the allowances the employee is entitled to under clause 23.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

23.2               Wage-related allowances

(a)          Head of table

[23.2(a) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An employee who is the head of a table or bench of machines in charge of 4 or more employees must be paid an allowance as follows:

In charge of

$ per week

If working in connection with order tailoring or order dress making

26.87

For all others

19.40

(b)         Dining room]

[23.2(b) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An employee must be paid a disability allowance of $6.47 per day if adequate and appropriate dining facilities are not provided.

(c)          Rest room

[23.2(c) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An employee must be paid a disability allowance of $6.47 per day if adequate and appropriate rest room facilities are not provided.

24.                 Allowances—Textile industry

[Varied by PR729272, PR740692, PR762126 ppc 01Jul23]

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.

24.1               Allowance rates

Employers must pay to an employee the allowances the employee is entitled to under clause 24.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

24.2               Wage-related allowances

(a)          All-purpose allowances

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)           Instructor allowance (clause 24.2(b)); and

(ii)         Cards allowance (clause 24.2(c)).

(b)         Instructor

[24.2(b)(i) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(i)           An allowance of $26.37 per week will be paid to an employee trained as an instructor and appointed by the employer to instruct employees in the duties of their skill level classifications.

(ii)         The instructor allowance is payable for all purposes of the award except incentive payments.

(iii)       The allowance is not payable to employees covered by payments by results.

(c)          Cards allowance

[24.2(c)(i) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(i)           An allowance of $1.69 per complete set will be paid to an employee engaged in hand stripping of cards.

(ii)         The cards allowance is payable for all purposes of the award.

(d)         Blending allowance

[24.2(d) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $28.86 per week will be paid to an employee employed as a blender or blending machine attendant who, in the course of duty, is required to blend cow hair, goat hair, angora rabbit hair and/or rabbit kemp with other fibres whilst so engaged.

(e)          Change of shift allowance

[24.2(e)(i) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(i)           An employee required to change from one shift to another without 2 working days’ notice of the change of shift will be paid an allowance of $27.86 per occasion.

(ii)         This allowance is not payable during any period where power restrictions are operating.

(f)           Dust allowance

[24.2(f) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $14.63 per week will be paid to an employee who, in the course of their normal duties in any week, is called upon to work in a dust chamber in a cotton mill.

(g)          Soda ash allowance

[24.2(g) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $1.99 per hour will be paid to an employee engaged in loading and unloading soda-ash by hand unless the employer provides appropriate protective clothing.

(h)         Unwashed rags allowance

[24.2(h) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

A special allowance of $4.38 per week will be paid to an employee engaged in the sorting of unwashed rags.

(i)            Waste room—willey hands allowance

[24.2(i) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $13.13 per week will be paid to willey hands in waste rooms.

(j)           Wool waste and rags—picking-over allowance

[24.2(j) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $1.59 per bale will be paid to an employee required to pick-over bales of wool waste or rags which are in an offensive or obnoxious condition.

(k)         Flax scutcher allowance

[24.2(k) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $12.04 per week will be paid to an employee operating flax scutchers, tow on breaker and finisher cares.

(l)            Dye house-bleach house allowance

[24.2(l)(i) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(i)           An allowance of $12.04 per week will be paid to employees engaged in dye houses, operators of machines in the wool scouring and wet finishing departments, employees working on liquor tanks in bleaching departments, employees working in the colour kitchen or employees engaged in the washing of screens.

[24.2(l)(ii) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(ii)         In addition, employees also engaged in the loading or unloading of Kiers or entering vaporloc machines will be paid a further additional allowance of $6.27 per week.

(m)       Shoddy-shaking machines allowance

[24.2(m) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Employees engaged on any type of shoddy-shaking machines in the course of duty will be paid an allowance of $21.89 per week as dirt money whilst so engaged.

(n)         Size-troughs—sewing threads allowance

[24.2(n) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An allowance of $14.43 per week will be paid to polisher machine operators engaged in the cleaning of size troughs and brushes in the sewing thread section.

(o)          Wool scouring pits allowance

An employee required to clean wool scouring pits which are in an unusually dirty or offensive condition will be paid at 200% of their ordinary hourly rate whilst employed in the cleaning of pits.

25.                 Allowances—Felt and wadding industry

[Varied by PR729272, PR740692, PR762126]

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.

25.1               Allowance rates

Employers must pay to an employee the allowances the employee is entitled to under clause 25.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

25.2               Wage-related allowances

(a)          Wet or steamy conditions—felt and wadding industry only

[25.2(a) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

An employee required to work in wet or steamy conditions must be paid an allowance of $0.60 per day or part thereof up to a maximum payment of $2.49 per week.

(b)         Mask or goggles—felt and wadding industry only

[25.2(b) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

Employees required to wear masks or goggles must be paid an allowance of $0.20 per hour or part thereof up to a maximum payment of $1.59 per day.

26.                 Accident pay

26.1               Definitions

For the purpose of clause 26, the following definitions will apply.

(a)          Accident pay means a weekly payment made to an employee by the employer that is the difference between:

(i)           the weekly amount of compensation paid to an employee pursuant to the applicable workers’ compensation legislation: and

(ii)         the total weekly award rate applicable to the classification of the employee under this award (not including over award payments, shift loadings, overtime, incentive earnings under any system of payment by results, penalty rates and any other ancillary payments payable by the employer).

(b)         Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employee.

26.2               Entitlement to accident pay

The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum of 26 weeks.

26.3               Calculation of the period

(a)          The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period.

(b)         In the case of the termination by the employer of an employee who is receiving accident pay, accident pay shall continue to apply subject to the provisions of clause 26 except where the termination is due to serious and/or wilful misconduct on behalf of the employee.

(c)          For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.

26.4               When not entitled to payment

An employee will not be entitled to any payment under clause 26 in respect of any period of paid annual leave, or long service leave, or for any paid public holiday.

26.5               Return to work

If an employee entitled to accident pay under clause 26 returns to work on reduced hours or to perform modified duties, the amount of accident pay will be reduced by any amounts paid for the performance of such work.

26.6               Superannuation

An employer shall pay superannuation contributions (clause 27Superannuation of this award) to an employee receiving accident pay in accordance with clause 26.

26.7               Redemptions

In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.

26.8               Casual employees

For a casual employee the weekly payment referred to in clause 26.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments, shift loadings, overtime, incentive earnings under any system of payment by results, penalty rates and any other ancillary payments payable by the employer.

26.9               Other

All other provisions of the applicable workers’ compensation legislation will apply.

27.                 Superannuation

27.1               Superannuation legislation

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

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

27.2               Employer contributions

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

(b)         The employer must pay the amount under clause 27.2(a) no later than 28 days after the end of each month.

27.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 27.2.

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

(c)          The employer must pay the amount authorised under clauses 27.3(a) or 27.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 27.3(a) or 27.3(b) was made.

27.4               Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 27.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 27.2, and pay the amount authorised under clauses 27.3(a) or 27.3(b), to one of the following superannuation funds or its successor:

(a)          Australian Super Fund;

(b)         Sunsuper;

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

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

27.5               Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 27.2 and pay the amount authorised under clauses 27.3(a) or 27.3(b):

(a)          Paid leave—while the employee is on any paid leave;

(b)         Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i)           the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii)         the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates

28.                 Overtime

[Varied by PR763211]

28.1               Definition of overtime

For a full-time, part-time or casual employee, overtime is any time worked:

(a)          in excess of an employee’s ordinary hours of work; or

(b)         outside the span of hours prescribed.

28.2               Requirement to work reasonable overtime

Subject to the NES, an employer may require an employee to work reasonable overtime at overtime rates.

28.3               Payment for working overtime—full-time and part-time employees

(a)          An employer must pay an employee overtime at the rate of:

(i)           150% of the ordinary hourly rate for the first 3 hours; and

(ii)         200% of the ordinary hourly rate after 3 hours.

(b)         For the purpose of calculating overtime each day must stand alone.

(c)          An employer must pay an employee who is paid under any system of payment by results at the following rates for any overtime worked in addition to the payment by results earnings earned by the worker:

(i)           for the first 2 hours, at the rate of 150% of the ordinary hourly rate for their skill level; and

(ii)         after 2 hours, at the rate of 200% of the ordinary hourly rate for their skill level.

28.4               Payment for working overtime—casual employees

(a)          An employer must pay an employee overtime at the rate of:

(i)           175% of the ordinary hourly rate for the first 3 hours; and

(ii)         225% of the ordinary hourly rate after 3 hours.

(b)         For the purpose of calculating overtime each day must stand alone.

(c)          An employer must pay an employee who is paid under any system of payment by results at the following rates for any overtime worked in addition to the payment by results earnings earned by the worker:

(i)           for the first 2 hours, at the rate of 175% of the ordinary hourly rate for their skill level; and

(ii)         after 2 hours, at the rate of 225% of the ordinary hourly rate for their skill level.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.9(b) to the overtime rates for full-time and part-time employees prescribed by clause 28.3.

28.5               Overtime—Weekend work

(a)          All work on a Saturday will be paid at 150% of the employees’ ordinary hourly rate for the first 3 hours and 200% after 3 hours.

(b)         All work on a Sunday will be paid at 200% of the employees’ ordinary hourly rate.

(c)          The ordinary hours of a night shift finishing on Saturday morning will not be subject to overtime rates.

28.6               Overtime—seven day continuous shiftwork in the textile industry

Overtime work performed by 7 day continuous shiftworkers must be paid at the rate of 200% of the ordinary hourly rate.

28.7               Sick pay—seven day continuous shiftwork in the textile industry

Where the ordinary hours of a roster provide for a rostered overtime shift then employees will be entitled to claim sickness benefits at ordinary rates for absences occurring through illness on the rostered overtime shifts.

28.8               Time off instead of payment for overtime

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

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

EXAMPLE: By making an agreement under clause 28.8 an employee who worked 2 overtime hours at 150% of the ordinary hourly rate is entitled to 3 hours’ time off.

(c)          Time off must be taken:

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

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

(d)         If the employee requests at any time, to be paid for overtime covered by an agreement under clause 28.8 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 28.8(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

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

(g)          An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request, then clause 28.8 will apply for overtime that has been worked.

[Note varied by PR763211 ppc 01Aug23]

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

(h)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 28.8 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 28.8.

28.9               Call back

(a)          An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 3 hours at the appropriate overtime rate in clause 28Overtime each time the employee is so recalled.

(b)         The employee will not be required to work the full 3 hours if the job they were recalled to perform is completed within a shorter period, except in the case of unforeseen circumstances arising.

(c)          The employee will not be entitled to the 3 hours’ payment in cases where it is customary for an employee to return to their employer’s premises to perform a specific job outside their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(d)         Overtime worked on-call back will not be regarded as overtime for the purposes of meal allowance or minimum breaks between overtime shifts, where the actual time worked is less than 3 hours.

28.10           Transport of employees

When employees, after working overtime or a shift for which they had not been regularly rostered, finishes work at a time when their usual or other reasonable means of transport are not available, the employer must:

(a)          provide them with transport; or

(b)         pay their ordinary wages for the time reasonably occupied in getting home.

NOTE: See Schedule C—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

29.                 Shiftwork and penalty rates—general

[Varied by PR730230]

29.1               Definitions

The following shifts may be worked:

(a)          Day shift means a shift worked between the hours of 7.00 am and 7.00 pm;

(b)         Afternoon shift means a shift finishing after 6.00 pm but not later than midnight;

(c)          Night shift means a shift finishing after midnight but not later than 7.00 am.

(d)         Permanent night shift means a shift which is applicable to an employee who:

(i)           during a period of engagement works night shift only; or

(ii)         remains on night shift for a longer period than 4 consecutive weeks; or

(iii)       works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

29.2               Hours of work

(a)          An employer and a majority of affected employees may agree to vary the hours during which shifts must be worked by up to one hour at either end to meet extraordinary circumstances. Such agreement must be in accordance with clause 7.4.

(b)         An employer and a majority of employees may agree to work the hours prescribed for a night shift employee in 4 shifts. Under any such agreement, all night shift hours worked in excess of 9 hours must be paid for at overtime rates, even if they come within the starting and finishing time of a shift.

(c)          As far as practicable, employees will work shifts in rotation.

29.3               Payment for shiftwork

[29.3(a) substituted by PR730230 ppc 01Feb21]

(a)          A shiftworker while on afternoon or night shift will be paid an additional 15% of the weekly award rate per shift for the classification concerned.

[29.3(b) substituted by PR730230 ppc 01Feb21]

(b)         A shiftworker while on permanent night shift will be paid an additional 30% of the weekly award rate per shift for the classification concerned.

NOTE: See Schedule C—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

30.                 Shiftwork and penalty rates—textile industry

[Varied by PR729272, PR740692, PR762126]

30.1               Definitions

The following shifts may be worked:

(a)          Day shift means a shift worked between the hours of 7.00 am and 7.00 pm. Where employees are required to work overtime starting at 6.00 am for a period of 4 consecutive weeks they will be deemed to be engaged on a morning shift.

(b)         Morning shift means a shift commencing at 6.00 am.

(c)          Afternoon shift means a shift finishing after 6.00 pm but not later than midnight.

(d)         Night shift means a shift finishing after midnight but not later than 8.00 am.

(e)          Permanent night shift means a shift which is applicable to an employee who:

(i)           during a period of engagement works night shift only; or

(ii)         remains on night shift for a longer period than 4 consecutive weeks; or

(iii)       works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

30.2               Hours of work

(a)          The hours during which shifts must be worked may be varied by up to one hour at either end to meet extraordinary circumstances by agreement between an employer and a majority of employees. Such agreement must be in accordance with clause 7.4.

(b)         An employer and a majority of employees may agree to work the hours prescribed for a night shift employee in 4 shifts. Under any such agreement, all night shift hours worked in excess of 9 hours must be paid for at overtime rates, even if they come within the starting and finishing time of a shift.

(c)          As far as practicable, employees will work shifts in rotation.

(d)         Except for the regular changeover of shifts, no employee will be required to change from one shift to another without a break of at least 12 hours.

30.3               Payment for shiftwork

[30.3(a) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(a)          A shiftworker, other than a day shiftworker, is entitled to a penalty loading for each shift worked of $27.45 (15% of one-fifth of the weekly rate for a Skill Level 2), in addition to their ordinary rate of pay.

[30.3(b) varied by PR729272, PR740692, PR762126 ppc 01Jul23]

(b)         A shiftworker engaged on permanent night shift is entitled to a penalty loading for each shift worked of $54.89 (30% of one-fifth of the weekly rate for a Skill Level 2), in addition to their ordinary rate of pay.

(c)          Shift penalties must be calculated to the nearest cent.

(d)         A shiftworker (other than a 7 day continuous shiftworker) who works between midnight on Sunday and 7.00 am on Monday must be paid for at the rate of 150% of their ordinary hourly rate for the first 3 hours and 200% thereafter.

(e)          Where an employee begins the week’s work on Sunday night, the employee will receive 200% of their ordinary hourly rate for all work performed on Sunday. However an employer and the majority of employees in an enterprise or part of an enterprise may agree to arrange shifts so that they commence on Sunday night instead of Monday with ordinary rates to be paid for Sunday work provided that agreement is in accordance with clause 7.4.

(f)           An employee required to change from one shift to another without 2 working days’ notice of the change of shift will be paid an allowance as set out at clause 24.2(e). This allowance is not payable during any period where power restrictions are operating.

30.4               Employees under 18 years

(a)          Employees under 18 years of age are prohibited from working after 11.00 pm but may work between the hours of 6.00 am and 11.00 pm provided that they are paid the relevant shift penalty set out in clause 29.3.

(b)         No employees under 16 years of age will be employed before 7.00 am.

30.5               Shiftwork and public holidays

(a)          Shiftworkers may be required to work until the completion of their shifts on a public holiday without payment at holiday rates. Provided that those employees are not required to work on the night shift commencing on a public holiday.

(b)         Where a public holiday prescribed by this award is observed on a Monday, shiftworkers may be given time off on the shift commencing on the Sunday night before the holiday and will then be required to work on the usual night shift commencing on the public holiday without additional pay.

(c)          Where an employee works 2 complete shifts on a public holiday, both shifts will be paid for as holiday shifts.

31.                 Seven day continuous shiftwork and penalty rates—textile industry

31.1               Seven day continuous shiftwork means work carried out with consecutive shifts of employees throughout the 24 hours of each of the 7 days of the week without interruption except during breakdowns or due to unavoidable causes beyond the control of the employer.

31.2               Except where provided otherwise in clause 31, all the provisions of the award will apply to 7 day continuous shiftworkers.

31.3               Hours of work for seven day continuous shiftworker

(a)          Except as provided below, the ordinary hours of continuous shiftworkers will average 38 hours per week, inclusive of crib breaks, and must not exceed 152 hours in 28 consecutive days.

(b)         Except at the regular changeover of shifts an employee must not be required to work more than one shift in each 24 hours.

(c)          An employer and a majority of employees may agree to arrange ordinary working hours so that the ordinary hours exceed 8 hours on any shift, provided that:

(i)           the ordinary hours on any shift does not exceed 10 hours, inclusive of break periods; and

(ii)         agreement is reached in accordance with clause 7.4.

31.4               Work on Saturdays, Sundays and public holidays

(a)          Where a 7 day continuous shiftworker works a rostered shift, the major portion of which is performed on a Saturday, the employee must be paid at the rate of 150% of the ordinary hourly rate for the whole shift.

(b)         Where a 7 day continuous shiftworker works a rostered shift, the major portion of which is performed on Sunday, the employee must be paid at the rate of 200% of the ordinary hourly rate for the whole shift.

(c)          Where a 7 day continuous shiftworker works on a rostered shift, the major portion of which is performed on a public holiday, the employee must be paid at the rate of 200% of the ordinary hourly rate for the whole shift.

(d)         A 7 day continuous shiftworker who receives the extra rate for work done on Saturdays, Sundays and public holidays under clause 31.4 is not entitled to the shift penalty in clause 29.3.

(e)          Public holidays falling on the rostered day off of a 7 day continuous shiftworker who is rostered to work regularly on Sundays and public holidays will be dealt with in accordance with clause 37.7.

31.5               Daylight saving

(a)          Notwithstanding anything contained elsewhere in this award, in any area where by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State, the length of any shift:

(i)           commencing before the time prescribed by the relevant legislation for the commencement of the summer period; and

(ii)         commencing on or before the time prescribed by such legislation for the termination of a summer time period,

will be deemed to be the number of hours represented by the difference between the time recorded by the clock in each case, to be set to the time fixed pursuant to the relevant State legislation.

(b)         To clarify, a shift may actually be an hour longer or shorter if summer time commences or finishes during a shift without deduction or addition to pay.

(c)          In clauses 31.5(a) and 31.5(b), the expressions standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.

31.6               Twelve hour shifts

(a)          The employer and the majority of employees in the enterprise or part of the enterprise may agree, in accordance with clause 7.4, to implement 12 hour shifts, subject to:

(i)           proper health monitoring procedures being introduced;

(ii)         suitable roster arrangements being made;

(iii)       proper supervision being provided;

(iv)       adequate breaks being provided; and

(v)         an adequate trial or review process being implemented through the consultative process in accordance with clauses 38Consultation about major workplace change and 39Consultation about changes to rosters or hours of work.

(b)         Twelve hour shifts may be implemented in accordance with the following requirements:

(i)           the ordinary hours of shiftworkers must average 38 hours per week, inclusive of rest periods, and must not exceed 152 ordinary hours in 28 consecutive days; or

(ii)         a maximum of 168 hours may be rostered in 28 consecutive days. These hours must be rostered on the basis that no employee will be rostered to work more than 4 consecutive shifts.

(c)          Payment is to be made on the following basis:

(i)           Monday to Friday—first 10 hours at ordinary rate plus 2 hours at 200% of the ordinary hourly rate plus shift penalty where appropriate.

(ii)         Saturday—150% of the ordinary hourly rate for all hours worked.

(iii)       Sunday—200% of the ordinary hourly rate for all hours worked.

Part 6—Leave and Public Holidays

32.                 Annual leave

[Varied by PR751042]

NOTE: The following provisions supplement the NES.

32.1               Annual leave loading

(a)          Employees (other than shiftworkers)—a loading of 17.5% is payable in addition to the payment for the annual leave; or

(b)         Shiftworkers—employees who would have worked on shiftwork had they not been on annual leave—a loading of 17.5% or the shift loading whichever is the greater but not both.

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).

32.2               Taking annual leave

(a)          Annual leave may be given and taken in one or 2 continuous periods. If the annual leave is given in 2 continuous periods then one of those 2 periods must be at least 21 consecutive days.

(b)         An employer and an employee may agree that the employee takes their annual leave in up to 3 separate periods, none of which is more than 21 consecutive days, provided such agreement is in accordance with clause 7.2.

32.3               Excessive leave accruals: general provision

NOTE: Clauses 32.3 to 32.5 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 2Definitions.

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 32.4 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 32.5 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

32.4               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 32.3(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 32.4(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 32.3, 32.4 or 32.5 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 32.4(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 32.4(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 32.4(d) may result in the direction ceasing to have effect. See clause 32.4(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.

32.5               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 32.3(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 32.5(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 32.4(a) that, when any other paid annual leave arrangements (whether made under clause 32.3, 32.4 or 32.5 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 32.5(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 32.3, 32.4 or 32.5 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 32.5(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 2Definitions in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 32.5(a).

32.6               Direction to take annual leave during shutdown

[32.6 renamed and substituted by PR751042 ppc 01May23]

(a)          Clause 32.6 applies if an employer:

(i)           intends to shut down all or part of its operation for a particular period in order to allow all or the bulk of employees their annual leave (temporary shutdown period); and

(ii)         wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 3 months’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(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 32.6(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 32.6(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 32.6(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 32.6(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 32.9.

(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 32.9, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 32.3 to 32.5 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 32.6.

32.7               Continuity of service

Service will be deemed to be continuous service, and will not be broken by the following:

(a)          any interruption or termination of employment by the employer if the intent of the interruption or termination of employment was to avoid the annual leave obligations;

(b)         any absence from work on account of personal leave up to 25 days in a 12 month period. Provided that the employee informs the employer in writing, if practicable, within 48 hours of the commencement of such absence, of the employee’s absence and the nature of the illness and estimated length of the employee’s absence;

(c)          any absence due to long service leave or jury service;

(d)         any continuous period of unpaid leave, which does not exceed 4 weeks;

(e)          any absence with reasonable cause (the employee must, if required, provide proof of such cause); or

(f)           any absence by reason of any cause not specified above, unless the employer during the absence or within 14 days of termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service. The notice may be given by delivering the notice to the employee personally or by posting it by registered mail to the employee’s last recorded address.

32.8               Payment by results workers

(a)          An employee working under a system of payment by results will receive an additional payment based on the average over-award payment and/or average bonus when taking annual leave. The averages will be calculated on a 20 week qualifying period applied to ordinary hours only.

(b)         The qualifying period of employment means:

(i)           in the case of an employee taking annual leave at Christmas, the period of 20 consecutive weeks commencing with the first pay in July;

(ii)         where an employee is not employed during the whole of the qualifying period, the average will be calculated on the period of employment falling within 20 consecutive weeks;

(iii)       in the case of an employee taking annual leave at any other time, the first 20 consecutive weeks in the 6 months immediately preceding the date of taking annual leave.

(c)          Where an employee does not qualify for calculation over a 20 week period then the number of weeks will be averaged by the actual number of weeks worked.

(d)         In the case of an employee absent on long service leave during any qualifying period of employment, both the period of such leave and the payment based on that period will be excluded in the calculation of the averages.

(e)          In calculating the average bonus, all amounts in respect of overtime, shiftwork, penalty or special rates will be excluded.

(f)           Part-time employees will in respect of annual leave, be paid only at the rate actually being received by them at such time.

32.9               Annual leave in advance

(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 32.9 is set out at Schedule H—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 32.9 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 32.9, 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.

32.10           Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 32.10.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 32.10.

(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 32.10 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 32.10 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 32.10 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 32.10.

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 32.10.

NOTE 3: An example of the type of agreement required by clause 32.10 is set out at Schedule I—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Cash Out Annual Leave.

33.                 Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

34.                 Parental leave and related entitlements

[34 varied by PR763211 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 40Dispute resolution and/or under section 76B of the Act.

35.                 Community service leave

Community service leave is provided for in the NES.

36.                 Family and domestic violence leave

[36—Unpaid family and domestic violence leave renamed and substituted by PR750552 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.

37.                 Public holidays

[Varied by PR747340]

37.1               The following provisions supplement the NES.

37.2               Where an employee works on a public holiday they will be paid in accordance with clause 37.3.

37.3               Work on public holidays

(a)          An employee must be paid at the rate of 250% of the ordinary hourly rate for a minimum of 3 hours when required to work on a public holiday.

[New 37.3(b) inserted by PR747340 ppc 14Nov22]

(b)         Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 37.3(a).

[37.3(b) renumbered as 37.3(c) by PR747340 ppc 14Nov22]

(c)          Where Christmas Day falls on a Saturday or Sunday, and by force of the NES another day is observed as a public holiday, a full-time employee who is regularly rostered to work ordinary hours on a Saturday or Sunday will receive, for a full day’s work on 25 December, a loading of half a normal day’s wage.

[37.3(c) renumbered as 37.3(d) by PR747340 ppc 14Nov22]

(d)         The loading set out in clause 37.3(c) is paid in addition to the employee receiving:

(i)           the regular Saturday or Sunday penalty rates for all hours worked on 25 December, with a minimum of 4 hours payment; and

(ii)         the benefit of the substituted public holiday.

37.4               Public holidays which fall on a weekend

(a)          Where Christmas Day falls on a Saturday or a Sunday, 27 December is observed as the public holiday instead of the prescribed day.

(b)         Where Boxing Day falls on a Saturday or a Sunday, 28 December is observed as the public holiday instead of the prescribed day.

(c)          Where New Year’s Day or Australia Day falls on a Saturday or a Sunday, the following Monday is observed as the public holiday instead of the prescribed day.

37.5               Substitution of certain public holidays by agreement at the enterprise

(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.

[37.6 substituted by PR747340 ppc 14Nov22]

37.6               Rostered day off falling on public holiday

(a)          Except where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and that day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(i)           7.6 hours of pay at the ordinary hourly rate; or

(ii)         7.6 hours of extra annual leave; or

(iii)       a substitute day off on an alternative week day.

 

(b)         If a public holiday is a part-day public holiday, then clause 37.6(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

37.7               Rostered day off falling on public holiday—seven day continuous shiftworkers in the textile industry only

(a)          Where a public holiday falls on the rostered day off of a 7 day continuous shiftworker who is rostered to work regularly on Sundays and public holidays, the employer may either:

(i)           pay for that day at ordinary rates, in addition to their ordinary wages; or

(ii)         add a day to the employee’s annual leave.

(b)         Clause 37.7(a) will not apply when the rostered day off falls on a public holiday on a Saturday or Sunday.

[37.7(c) inserted by PR747340 ppc 14Nov22]

(c)          If a public holiday is a part-day public holiday, then clause 37.7(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

[37.8 deleted by PR747340 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

38.                 Consultation about major workplace change

38.1               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.

38.2               For the purposes of the discussion under clause 38.1(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.

38.3               Clause 38.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

38.4               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 38.1(b).

38.5               In clause 38 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.

38.6               Where this award makes provision for alteration of any of the matters defined at clause 38.5, such alteration is taken not to have significant effect.

39.                 Consultation about changes to rosters or hours of work

39.1               Clause 39 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.

39.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

39.3               For the purpose of the consultation, the employer must:

(a)          provide to the employees and representatives mentioned in clause 39.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) &nb