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Contract Call Centres Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771290).
Clause(s) affected by the most recent variation(s):
19—Superannuation
Table of Contents
[Varied by PR743824, PR747344, PR750455]
Schedule E —Agreement for Time Off Instead of Payment for Overtime.............................. 85
Part 1—Application and Operation of this Award
1.1 This award is the Contract Call Centres Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733917]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
afternoon shift means any shift finishing after 7.00 pm and at or before midnight.
[Definition of casual employee inserted by PR733917 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
contract call centre 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).
minimum hourly rate means the minimum weekly rate in clause 15—Minimum rates divided by 38 and rounded to the nearest cent.
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.
night shift means any shift finishing after midnight and at or before 9.00 am.
standard rate means the minimum weekly rate prescribed for the Clerical and Administration Officer Level 3/Customer Contact Officer 2 in clause 15.1.
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.
4.2 Contract call centre industry means:
(a) any business whose principal function is supplying inbound or outbound customer contact services to a number of clients, on a contract basis, and whose business is independent of the client; and
(b) any business which supplies labour to a business in the contract call centre industry on a labour hire basis in respect of any such labour hire employees while engaged in the performance of work for a business in the contract call centre industry.
4.4 This award covers employers which provide group training services for trainees engaged in the contract call centre industry and/or parts of that industry and those 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not apply to:
(a) any business or part of a business which is not a business in the contract call centre industry (as defined); or
(b) any business or part of a business in which the customer contact services are carried out within that business and for that business, except in the case of a business in the contract call centre industry; or
(c) any person who is a director or manager of an employer or a person to whom such person has delegated the right to engage and terminate the employment of employees.
4.6 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763219 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
7.1 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 an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.7 |
Flexibility in relation to working hours |
An individual or the majority of employees |
|
13.8 |
Flexibility in relation to Sunday work |
An individual |
|
14.4 |
Flexibility in relation to meal breaks |
An individual or the majority of employees |
|
16.2 |
Flexibility in relation to pay periods |
An individual or the majority of employees |
|
17 |
Annualised wage arrangements |
An individual |
|
18.3(e)(i) |
Payment for travelling |
An individual |
|
20.5 |
Time off instead of payment for overtime |
An individual |
|
22.9 |
Annual leave in advance |
An individual |
|
22.11 |
Cashing out of annual leave |
An individual |
|
27.3 |
Substitution of certain public holidays |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
9.1 A full-time employee is engaged to work an average of 38 ordinary hours per week.
9.2 Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
10.1 A part-time employee:
(a) is engaged to work less than 38 ordinary hours per week;
(b) has reasonably predictable hours of work; and
10.2 A part-time employee must be paid for ordinary hours worked at the minimum hourly rate prescribed by clause 15––Minimum rates for their classification.
10.4 Overtime will be payable to part-time employees in accordance with clause 20— Overtime for time worked in excess of the hours fixed in accordance with the pattern of hours applicable to the employee, provided that:
(a) a part-time employee is not entitled to be paid overtime rates on a day until they have worked at least an equivalent number of hours that day to an equivalent full-time employee in the relevant section of the enterprise; and
(b) a part-time employee must not work more than 38 hours in any week at ordinary rates.
10.5 A full-time employee may convert to part-time if agreed by the employer and the employee.
[Varied by PR723887, PR733917]
[11.1 deleted by PR733917 from 27Sep21]
[11.2 renumbered as 11.1 by PR733917 from 27Sep21]
11.1 Employment of a casual employee may be terminated by an hour’s notice given either by the employer or the employee, or by the payment or forfeiture of an hour’s wage as the case may be.
[11.3 renumbered as 11.2 by PR733917 from 27Sep21]
11.2 On each occasion a casual employee is required to attend work the employee is entitled to payment for a minimum of 3 hours’ work.
[11.4 renumbered as 11.3 by PR733917 from 27Sep21]
11.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements under Subdivision B and C of Division 7 of the NES concerning carer’s leave and compassionate leave for a casual employee. The rights of an employer to engage or not engage a casual employee are otherwise not affected.
11.4 Casual loading
[11.5 substituted by PR723887 ppc 20Nov20; 11.5 renumbered as 11.4 by PR733917 from 27Sep21]
For each ordinary hour worked, a casual employee must be paid:
(a) the minimum hourly rate for the classification in which they are employed; and
(b) a loading of 25% of the minimum hourly rate.
11.5 Payment for working overtime
[New 11.6 inserted by PR723887 ppc 20Nov20; 11.6 renumbered as 11.5 by PR733917 from 27Sep21]
When a casual employee works overtime, they must be paid the overtime rates in clause 20.1.
11.6 Offers and requests for casual conversion
[11.6 renumbered as 11.7 by PR723887; 11.7 renumbered as 11.6 and renamed and substituted by PR733917 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 30—Dispute resolution.
12.1 A definition of the classifications under this award is set out in Schedule A—Classification Structure and Definitions of this award.
12.2 All employees covered by this award must be classified according to the structure set out in Schedule A—Classification Structure and Definitions and paid the minimum wage in clause 15—Minimum rates.
12.3 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.
12.4 Employers must advise their employees in writing of their classification and of any changes to their classification.
13. Ordinary hours of work and rostering
[Varied by PR730917]
13.2 Except as provided for in clause 13.7(a)(ii), an employee must not be required to work more than 10 ordinary hours per day.
13.3 Except as provided for in clause 13.7(a)(iii) the ordinary hours of an employee must not exceed 152 hours in 28 consecutive days.
13.4 Method of arranging ordinary hours
The method of arranging ordinary hours may be:
(a) by employees working a constant number of ordinary hours each day; or
(b) by fixing one day a week on which employees work a lesser number of hours; or
(c) by fixing one or more days on which all employees will be off during a particular work cycle; or
(d) by rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.
13.5 Alteration to hours of work
(a) Subject to the employer’s right to fix the daily hours for day work within the spread of hours referred to in clause 13.6 and the right to require employees to work shifts on existing rosters, ordinary hours once determined may be altered:
(ii) by the employer giving 48 hours’ notice to the employee in the case of an emergency;
(iii) by mutual agreement between the employees concerned and their employer; or
(iv) at the discretion of the employer, employees may be permitted to exchange shifts or days off to perform duty for another employee. In such circumstances the employer is not required to make any additional payment.
(b) Provided where an employee receives notice under clause 13.5(a)(i) or (ii) and significant concerns are raised about the alteration of their hours of work due to their personal or family circumstances, the employer will consult with the employee about such concerns.
13.6 Spread of ordinary hours of work
(a) Subject to clause 13.6(b), except as provided for in clause 13.7(a)(i), the ordinary hours of work for day work must be worked between the following spread of hours:
(i) Monday to Friday—7.00 am to 7.00 pm; and
(ii) Saturday—all day (i.e. midnight on Friday to midnight on Saturday).
(b) Employees may be required to work ordinary hours outside the spread of hours in clause 13.6(a)(i) or 13.6(a)(ii) subject to payment of the penalty rates in clause 21.1.
(c) Any work performed by an employee prior to the spread of hours which is continuous with ordinary hours is to be regarded as part of the 38 ordinary hours of work.
13.7 Flexibility in relation to working hours
[13.7 substituted by PR730917 ppc 01Jul21]
(i) the spread of hours in clauses 13.6(a)(i) and 13.6(a)(ii) may be moved up to one hour forward or one hour back by agreement;
(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section(s) to which the agreement applies. This does not in any way restrict the application of individual agreement.
(c) Where an agreement is reached in accordance with clause 13.7, the agreement must be recorded in the time and wages records.
13.8 Flexibility in relation to Sunday work
(b) Where an agreement is reached in accordance with clause 13.8(a), the agreement must be recorded in the time and wages records.
(c) The provisions of clause 13.8(a) and 13.8(b) are not applicable to employees who work day work as part of a rotating roster which incorporates a cycle of day work, afternoon shifts and/or night shifts. In such circumstances, the ordinary hours of work will be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to clause 13.5 and the penalty rates in clause 21.1.
13.9 Provisions applicable only to afternoon or night shifts
(a) The ordinary hours of work for afternoon and night shiftworkers will be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to clause 13.5 and the applicable penalty rate in clauses 21.1(a), 21.2(b) and 21.2(c).
(b) For the purposes of this award:
(i) subject to clause 21.2(a), afternoon shift means any shift finishing after 7.00 pm and at or before midnight; and
(ii) night shift means any shift finishing after midnight and at or before 9.00 am.
13.10 Daylight saving
For work performed which spans the start and finish times of a system of daylight saving as prescribed by relevant State legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).
(a) An employee may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours provided in this award.
(b) An employee on shiftwork may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time at the shiftwork rate which would have been applicable to the hours taken off.
13.12 Twelve hour days or shifts
Implementation of 12 hour days or shifts is subject to the following:
(a) Proper health monitoring procedures being introduced;
(b) Suitable roster arrangements being made;
(c) Proper supervision being provided;
(d) Adequate breaks being provided, including at least one paid meal break per day or shift of at least 20 minutes duration; and
(e) An adequate trial or review process being implemented.
(a) paid at the rate of 150% of the minimum hourly rate for the meal period; and
(b) permitted to have the employee’s usual meal period as soon as possible after the prescribed meal period, without deduction from the employee’s wage.
14.4 Flexibility in relation to meal breaks
(a) Employees may work in excess of 5 hours but not more than 6 hours without a meal break by agreement between the employer and the majority of the employees concerned in the workplace or relevant section(s). Agreement in this respect may also be reached between the employer and an individual employee.
(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section(s) to which the agreement applies. This does not in any way restrict the application of an individual agreement.
14.5 Clause 14 will not operate outside an employee’s ordinary working hours. Rest breaks during overtime are prescribed in clause 20— Overtime.
[Varied by PR720159, PR718840, PR729278, PR740699, PR762132]
[15.1 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23]
Adult employees, except where otherwise provided in this award, will be entitled to receive the salary for the relevant classification as set out in the table below:
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Customer Contact Trainee |
914.90 |
24.08 |
|
Clerical and Administration Officer Level 1 |
914.90 |
24.08 |
|
Customer Contact Officer Level 1 |
945.00 |
24.87 |
|
Clerical and Administration Officer Level 2 |
945.00 |
24.87 |
|
Customer Contact Officer Level 2 |
995.00 |
26.18 |
|
Clerical and Administration Officer Level 3 |
995.00 |
26.18 |
|
Principal Customer Contact Specialist |
1058.30 |
27.85 |
|
Customer Contact Team Leader |
1085.60 |
28.57 |
|
Clerical and Administration Officer Level 4 |
1085.60 |
28.57 |
|
Principal Customer Contact Leader |
1164.10 |
30.63 |
|
Clerical and Administration Officer Level 5 |
1164.10 |
30.63 |
|
Contract Call Centre Industry Technical Associate |
1258.00 |
33.11 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
15.2 Junior rates
Junior employees must be paid the following percentage of the minimum rate for their classification in clause 15.1:
|
Age |
% of adult rate |
|
15 years |
50 |
|
16 years |
60 |
|
17 years |
70 |
|
18 years and over |
100 |
15.3 Absence from duty
Unless a provision of this award or the Act states otherwise (e.g. personal/carer’s leave), an employee not attending for duty will lose pay for the actual time of such non-attendance.
An employee required by the employer to perform the duties of a position at a classification higher than their appointed role, for a continuous period of at least one ordinary rostered day or shift, will be paid at the rate applicable to that higher level for the period worked.
15.5 Supported wage system
For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule D—Supported Wage System.
[15.6(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.6(b) varied by PR720159 ppc 18Jun20, PR718840, PR729278, PR740699, PR762132 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 Contract Call Centres Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Period and method of payment
(a) At the election of the employer, wages may be paid weekly or fortnightly.
(b) Notwithstanding anything in clause 16, if there is an existing practice in place as at 31 December 2009 then an employer is permitted to continue with this practice.
(c) Wages must be paid according to either:
(i) the average number of ordinary hours worked per pay period; or
(ii) the actual ordinary hours worked each pay period.
(d) Wages must be paid by cash, cheque or to the credit of the employee’s account in a bank or other recognised financial institution.
(e) Where the pay day falls on a public holiday, employees must be paid on the working day prior to the normal pay day.
16.2 Flexibility in relation to pay periods
(a) An employer may pay wages 4 weekly or monthly subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section(s). Agreement in this respect may also be reached between an employer and an individual employee.
(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of individual agreement.
16.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.3(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 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. 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.
17. Annualised wage arrangements
17.1 Annualised wage arrangements for higher classifications
(a) The provisions of clause 17 will apply to the following classifications:
(i) Customer contact stream—Principal Customer Contact Leader;
(ii) Clerical and administration stream—Clerical and Administration Employee-Level 5; and
(iii) Contract Call Centre Industry Technical Associate.
17.2 Annualised wage instead of award provisions
(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 17.2(c), of any or all of the following provisions of the award:
(i) clause 13—Ordinary hours of work and rostering;
(ii) clause 14—Breaks;
(iii) clause 15.1—Adult employee rates;
(iv) clause 15.4—Higher duties;
(v) clause 16—Payment of wages;
(vi) clause 18—Allowances;
(vii) clause 20— Overtime;
(viii) clause 21—Penalty rates;
(ix) clause 22.5—Annual leave loading; and
(x) clause 27.4—Payment for time worked on a public holiday.
(b) Where an annualised wage is paid the employer must advise the employee in writing, and keep a record of:
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 17.2(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
17.3 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases earlier over such lesser period as has been worked).
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required by clause 17.3(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
17.4 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 15—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
[Varied by PR718840, PR718995, PR729278, PR729466, PR740699, PR740872, PR762132, PR762295]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances
[18.2(a) varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23]
An employee who has been trained to provide first aid and who is the current holder of appropriate first aid qualifications such as a certificate from St John Ambulance or similar body must be paid a weekly allowance of $19.30 if appointed by their employer to perform first aid duties.
18.3 Expense-related allowances
[18.3(a) varied by PR729466, PR740872, PR762295 ppc 01Jul23]
An employee must be paid an allowance of $0.95 per kilometre when required to use their own motor vehicle on a casual basis to carry out the employer’s business.
(b) Telephone allowance
(i) Where an employee does not have a telephone, modem or broadband connection and, at the written request of the employer, the employee is required to have such equipment, the employer must reimburse the cost of purchase, installation and rental.
(ii) Where an employee makes telephone calls in connection with the business on their private telephone at the direction of the employer, the employer must reimburse the cost of the calls. Provided that the employer may request details of all such calls claimed by the employee.
(c) Meal allowance
[18.3(c)(i) varied by PR718995, PR729466, PR740872, PR762295 ppc 01Jul23]
(i) An employee is entitled to a meal allowance of $16.40 on each occasion that the employee is entitled to a rest break in accordance with clause 20.3, except in the following circumstances:
· if the employee was notified no later than the previous day or previous rostered shift that they would be required to work such overtime; or
· if the employee lives in the same locality as the enterprise and could reasonably return home for meals.
(ii) If an employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to do less than the amount advised, they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.
(d) Distant work/travelling time payment
(i) All reasonable out of pocket expenses as detailed in clause 18.3(f), incurred in connection with the employer’s business authorised by the employer and properly paid by the employee must be reimbursed by the employer.
(ii) Except as elsewhere provided in this award, an employee directed by the employer to travel in the employee’s own time to transact company business must be paid travelling time and all expenses incurred while so travelling in accordance with clause 18.3(e). Further, an employee sent by their employer from their usual locality to another and required to remain away from their usual residence will be paid expenses while so absent from their usual locality.
(iii) An employee is not entitled to be paid for travelling in the employee’s accustomed workplace or territory. In circumstances where an employee is required to work away from the accustomed workplace or territory and travels in the employee’s own time to reach such place, the employee will be entitled to be paid for the time reasonably spent in travelling to such place in excess of that which would be spent travelling from home to the accustomed workplace or boundary of the accustomed territory.
(ii) The maximum travelling time to be paid will be 12 hours out of every 24 hours, or where a sleeping berth is provided by the employer for all–night travel, 8 hours out of every 24.
Expenses for the purposes of clause 18.3(d)(ii) means:
(i) all fares reasonably incurred at the following standard;
· rail: first class (including the provision of a sleeping berth where available for all–night travel);
· air: economy class for all journeys.
[18.3(f)(ii) varied by PR718995, PR729466, PR740872, PR762295 ppc 01Jul23]
(ii) reasonable expenses incurred while travelling including $16.40 for each meal taken (except where the cost of the meal is included in the fare); and
(iii) reimbursement of the cost incurred for lodging of at least reasonable hotel/motel standard.
(ii) Where an employee is directed by the employer to another locality for employment:
· which can be reasonably regarded as permanent;
· involving a change of residence; and
· where the employee is in the process of buying a place of residence in that new location,
the employee must be reimbursed for the cost of accommodation for up to 6 weeks.
(v) The provisions of clauses 18.3(g)(i), 18.3(g)(ii), and 18.3(g)(iii) will cease to apply immediately when the employee assumes a new place of residence or when the purchase has been completed, whichever is sooner.
(vi) For the purposes of clause 18.3(g), accommodation will be limited to the provision of suitable housing.
(h) Safe travel allowance
(ii) The provisions of clause 18.3(h)(i) do not apply if:
· reasonable means of transport are available to the employee; or
· where the employee was notified no later than the previous day or previous rostered shift that they would be required to work overtime or a shift for which they have not been regularly rostered and the employee has made or could have made reasonable transport arrangements.
[Varied by PR771290]
19.1 Superannuation legislation
[19.1 substituted by PR771290 ppc 09Apr24]
(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771290 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) LUCRF;
(c) CareSuper;
(d) 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;
(e) any superannuation fund which was specified in an award or notional agreement preserving a State award that applied to the employee as at 31 December 2009 and is a fund that offers a MySuper product or is an exempt public sector scheme;
(f) any complying fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), which the employer was using as a default fund as at 31 December 2009 and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or 19.3(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
[Varied by PR723887, PR763219]
20.1 Payment for working overtime
[20.1(a) varied by PR723887 ppc 20Nov20]
(a) Except as provided in clause 10.4, for all work done in excess of the daily or weekly permissible number of ordinary hours an employee must be paid at the following rates:
|
|
Full-time and part-time employees |
Casual employees |
|
For overtime worked on |
% of minimum hourly rate |
% of minimum hourly rate |
|
Monday to Saturday—first 3 hours |
150 |
187.5 |
|
Monday to Saturday—after 3 hours |
200 |
250 |
|
Sunday—all day |
200 |
250 |
[Note inserted by PR723887 ppc 20Nov20]
NOTE: The overtime rate for casual employees is calculated by adding the casual loading prescribed by clause 11.4(b) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.1(a).
(b) Where hours are averaged over a 4 week period the maximum number of ordinary hours before overtime rates apply is to be calculated on a 4 weekly rather than weekly basis.
(c) Provided that employees who are late starting or are absent for part of their ordinary hours on unpaid leave must complete their ordinary hours for that day prior to the entitlement to overtime.
20.2 Minimum payment
(a) An employee required to work overtime on a Saturday or Sunday must be paid for a minimum of 3 hours at the appropriate rate except where the overtime is worked prior to or at the conclusion of ordinary hours of work.
(b) In such circumstances, the employee will receive payment at the rate prescribed in clause 20.1 for the actual time worked.
20.3 Rest break during overtime
An employee working overtime must be allowed a rest break of twenty minutes without deduction of pay after each 4 hours of overtime if the employee continues to work after such rest break.
20.4 Rest period after working overtime
When overtime work is necessary it will be arranged wherever reasonably practicable for employees to have at least 10 consecutive hours off duty between the work of successive days.
(b) Where the employee does not get a 10 hour rest
· the employee must be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty, and
· there will be no loss of pay for ordinary hours of work time which occur during this absence.
(ii) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 20.4(b)(i):
· the employee must be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after 3 hours until the employee is released from duty;
· the employee is then entitled to be absent for 10 consecutive hours; and
· there will be no loss of pay for ordinary hours of work time which occur during this absence.
(c) The provisions of clause 20.4 will not apply to call-backs or in circumstances where an employee provides service or support over the telephone or via remote access arrangements where the time worked is less than 3 hours during the call-back or each call-back. However, where the total number of hours worked on more than one call-back is 4 hours or more then the provisions of clause 20.4(b) will apply.
20.5 Time off instead of payment for overtime
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 20.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.5 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 20.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 20.5 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.5 will apply, including the requirement for separate written agreements under clause 20.5(b) for overtime that has been worked.
[Note varied by PR763219 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.5.
(a) An employee called back to work overtime after leaving work must be paid a minimum of 3 hours at the appropriate overtime rate for each time called back, except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
(b) Provided that, the employee will not be required to work the full 3 hours if the job(s) called back to perform is/are completed within a shorter period.
(c) Notwithstanding the above, where an employee has completed the call-back and left work and is recalled within the 3 hour minimum period for that call-back, the balance of the 3 hours minimum period for that call-back will be cancelled and the employee will only be paid up to the commencement of the next call-back. The employee will then be entitled to be paid for a minimum of 3 hours for the next call-back.
(d) The provisions of clause 20.6 will not apply in circumstances where an employee provides service or support over the telephone or via remote access arrangements.
(e) Overtime worked in circumstances specified in clause 20.6 will not be regarded as overtime for the purposes of clause 20.4 where the time worked is less than 3 hours during the call-back or each call-back. Provided that where the total number of hours worked on more than one call-back is 4 hours or more, then the provisions of clause 20.4(b) will apply.
(i) for a minimum of half an hour at the appropriate overtime rate where such work commences between 5.00 am and up to 10.00 pm;
(ii) for a minimum of one hour at the appropriate overtime rate where such work commences after 10.00 pm and up to midnight; or
(iii) for a minimum of one and a half hours at the appropriate overtime rate where such work commences after midnight and before 5.00 am;
except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
(b) The employee will not be required to work the full half an hour or one hour or one and a half hours if the work which the employer requires to be performed is completed within a shorter period.
(c) If an employee has completed the job and finished work but is required to perform further work within the half hour, one hour or one and a half hours, the balance of the minimum period for that job will be cancelled and the employee will only be paid up to the commencement of the next work period. The employee will then be entitled to be paid for a minimum of half hour, one hour or one and a half hours as the case may be for the next work period.
(d) Overtime worked in circumstances specified in clause 20.7 will not be regarded as overtime for the purposes of clause 20.4 where the time worked is less than 3 hours during the work period or each work period. Provided that where the total number of hours worked on more than one work period is 4 hours or more then the provisions of clauses 20.4(b) will apply.
(e) Overtime worked in circumstances specified in clause 20.7 will not be regarded as overtime for the purposes of clause 20.6.
20.8 Stand-by
(a) An employee who is required to remain in readiness for a return to work outside their normal working hours must be paid an allowance of 20% of the minimum hourly rate for their classification for each hour they are required to stand-by.
(b) While receiving the appropriate overtime rate, the stand-by allowance will not be paid.
The rates prescribed in clause 20 are in substitution for and not cumulative upon the penalty rates prescribed in clause 21—Penalty rates and clause 27—Public holidays.
21.1 Penalty rates for time worked outside the spread of ordinary hours Monday to Friday and on weekends
(a) Except as provided for in clauses 13.7(a)(i) and 21.2(a) employees are entitled to the following penalty rates for ordinary time worked:
|
Ordinary hours worked1: |
Full-time and part-time employees |
Casual employees |
|
|
|
% of minimum hourly rate |
||
|
Monday to Friday |
before 7.00 am |
125 |
150 |
|
after 7.00 pm |
125 |
150 |
|
|
Saturday |
between midnight Friday and midnight on Saturday |
125 |
150 |
|
Sunday |
between midnight Saturday and 7.00 am on Sunday (outside spread of ordinary hours) |
175 |
200 |
|
between 7.00 pm on Sunday and midnight on Sunday (outside spread of ordinary hours) |
175 |
200 |
|
|
between 7.00 am and 7.00 pm (inside spread of ordinary hours) |
150 |
175 |
|
|
1.Spread of ordinary hours is defined in clauses 13.6 and 13.8. |
|||
(b) The penalty rates in clause 21.1(a) are not payable for periods of overtime or for time worked on public holidays.
(c) The Monday to Friday penalty rates in clause 21.1(a) do not apply when the shift penalty rates apply in accordance with clause 21.2(a).
(d) The Saturday and Sunday penalty rates in clause 21.1(a) apply in substitution for and are not cumulative upon the afternoon and night shift penalty rates prescribed in clause 21.2.
21.2 Shift penalty rates
(a) The shift penalty rates in clause 21.2 apply only to time worked on afternoon or night shift by employees who are designated by the employer as shiftworkers, in respect of the relevant roster period or shift.
(b) Subject to clause 21.2(a):
(i) employees on an afternoon shift will be paid 115% of the minimum hourly rate; and
(ii) except as provided for in clause 21.2(c), employees on a night shift will be paid 115% of the minimum hourly rate.
(c) Subject to clause 21.2(a), an employee who:
(i) during a period of engagement on shiftwork, works night shift only;
(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 afternoon shift or with day work so as to give the employee at least one third of the working time off night shift in each shift cycle,
will be paid 130% of the minimum hourly rate for time worked on such night shift. This penalty rate is in substitution for and not cumulative upon the night shift penalty rate prescribed in clause 21.2(b)(ii).
Part 6—Leave and Public Holidays
[Varied by PR751047]
22.1 Annual leave is provided for in the NES.
22.2 Conversion to hourly entitlement
An employer may convert the entitlements in section 87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours rather than 4 weeks for an employee working a 38 hour week).
22.3 Payment for period of annual leave
Instead of the base rate of pay as referred to in section 90(1) of the Act an employee under this award, prior to commencing a period of annual leave, will be paid a sum equal to the salary or wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave. Provided that, subject to clause 22.5, the employee will not be entitled to any amount calculated by reference to clause 21—Penalty rates.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
22.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
(a) In addition to the payments specified in clause 22.3, employees must be paid an annual leave loading of 17.5%.
(b) Provided that where an employee would have received loadings, in accordance with clause 21—Penalty rates, had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the employee will be paid such greater amount instead of the 17.5% loading.
(c) The annual leave loading is only payable on annual leave due. It is not payable on pro rata annual leave on termination.
22.6 Excessive leave accruals: general provision
NOTE: Clauses 22.6 to 22.8 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.
(c) Clause 22.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.7 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 22.7(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.6, 22.7 or 22.8 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.7(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.7(d) may result in the direction ceasing to have effect. See clause 22.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.8(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.7(a) that, when any other paid annual leave arrangements (whether made under clause 22.6, 22.7 or 22.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.8(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.6, 22.7 or 22.8 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.8(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.9 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.9 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 22.9, 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.
22.10 Direction to take annual leave during shutdown
[22.10 renamed and substituted by PR751047 ppc 01May23]
(a) Clause 22.10 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employee concerned (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.10(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.10(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 22.10(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.10(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.9.
(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 22.9, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.6 to 22.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 22.10.
22.11 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.11.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.11 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.11 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.11.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.11.
NOTE 3: An example of the type of agreement required by clause 22.11 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763219 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750455 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747344]
27.1 Public holiday entitlements are provided for in the NES.
27.2 Public holidays which fall on a weekend
(a) Where Christmas Day falls on a Saturday or a Sunday, 27 December will be observed as the public holiday instead of the prescribed day.
(b) Where Boxing Day falls on a Saturday or a Sunday, 28 December will be 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 will be observed as the public holiday instead of the prescribed day.
27.3 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.
27.4 Payment for time worked on a public holiday
(a) Except as provided for in clause 27.4(c), an employee who is required to work on a public holiday must be paid at the following rates for a minimum of 3 hours:
· day work—250% of the minimum hourly rate;
· afternoon and night shift—200% of the minimum hourly rate.
(b) This rate is in substitution for and not cumulative upon the penalty rates set out in clause 21—Penalty rates or the overtime rates in clause 20— Overtime.
(c) The payment required under clause 27.4(a) will only apply to time which is worked on the actual public holiday day; i.e. midnight to midnight.
[27.4(d) inserted by PR747344 ppc 14Nov22]
(d) Time worked on part-day public holidays
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 27.4(a).
27.5 Part-time employees
[27.5(a) varied by PR747344 ppc 14Nov22]
(a) Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee will not lose pay for the day or part day.
(b) Where the employee works on the holiday, such employee must be paid in accordance with clause 27.4.
27.6 Leave of absence
The entitlement to a public holiday will not apply to an employee during any period of unpaid leave exceeding 2 weeks, except where such unpaid leave is in respect of personal injury or illness.
[27.7 deleted by PR747344 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763219]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763219 ppc 01Aug23]
NOTE 1: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763219 ppc 01Aug23]
NOTE 2: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act
31. Dispute resolution procedure training leave
31.1 Subject to clause 31.7, an eligible employee representative will be entitled to, and the employer will grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.
31.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.
31.3 The notice to the employer must include details of the type, content and duration of the course to be attended.
31.4 The taking of such leave will be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
31.5 An eligible employee representative taking such leave will be paid all ordinary time earnings which normally become due and payable during the period of leave.
31.6 Leave of absence granted pursuant to clause 31 will count as service for all purposes of this award.
(a) shop steward, a delegate or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace for the purpose of representing those employees in the dispute resolution procedure; and
(b) who is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:
|
Number of employees |
Maximum number of eligible employee representatives |
|
5–15 |
1 |
|
16–30 |
2 |
|
31–50 |
3 |
|
51–90 |
4 |
|
More than 90 |
5 |
31.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year will be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.
31.9 For purposes of applying the quota table employees employed by the employer in the enterprise or workplace are full-time, part-time and casual employees with 6 months or more service who are covered by this award and who are engaged in the enterprise or workplace to which the procedure established under clause 30—Dispute resolution applies.
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
33.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
Schedule A—Classification Structure and Definitions
A.1 Classification table
|
Classification |
Qualifications |
|
Customer Contact Trainee Clerical and Administration Officer Level 1 |
N/A Certificate I |
|
Customer Contact Officer Level 1 Clerical and Administration Officer Level 2 |
Certificate II Certificate II |
|
Customer Contact Officer Level 2 Clerical and Administration Officer Level 3 |
Certificate III Certificate III |
|
Principal Customer Contact Specialist |
N/A |
|
Customer Contact Team Leader Clerical and Administration Officer Level 4 |
Certificate IV Certificate IV |
|
Principal Customer Contact Leader Clerical and Administration Officer Level 5 |
Diploma Diploma |
|
Contract Call Centre Industry Technical Associate |
Advanced Diploma |
A.2 Classification definitions
A.2.1 Customer contact stream—classifications
(a) Customer Contact Trainee
(i) A Customer Contact Trainee is engaged in a course of training and development (other than through a new apprenticeship/traineeship) to enable them to perform customer contact functions in the telecommunications industry.
(ii) An employee at this level would not normally perform customer contact functions without direct/immediate supervision.
(iii) An employee would normally graduate from the course of training as a Customer Contact Officer Level 1.
(b) Customer Contact Officer Level 1
(i) Role definition
A Customer Contact Officer Level 1 is employed to perform a prescribed range of functions involving known routines and procedures and some accountability for the quality of outcomes. Such an employee will:
· receive calls;
· use common call centre telephone and computer technology;
· enter and retrieve data;
· work in a team; and
· manage their own work under guidance.
Such an employee provides at least one specialised service to customers such as sales and advice for products or services, complaints or fault enquiries or data collection for surveys.
(ii) Indicative tasks
An employee at this level would normally perform the following indicative tasks:
· follow work health and safety policy and procedures;
· communicate in a customer contact centre;
· work in a customer contact centre environment;
· respond to inbound customer contact;
· conduct outbound customer contact;
· use basic computer technology;
· use an enterprise information system; and
· provide quality customer service.
(iii) An employee at this level would also normally perform some of the following indicative tasks:
· fulfil customer needs;
· process sales;
· action customers’ fault reports;
· resolve customers’ complaints;
· process low risk credit applications;
· process basic customer account enquiries; and
· conduct data collection.
(iv) Qualifications
An employee who holds a Certificate II in Telecommunications (Customer Contact) or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(c) Customer Contact Officer Level 2
(i) Role definition
A Customer Contact Officer Level 2 is employed to perform a defined range of skilled operations, usually within a range of broader related activities involving known routines, methods and procedures, where some discretion and judgment is required in the selection of equipment, services or contingency measures and within known time constraints. Such a person will:
· receive calls;
· use common call centre telephone and computer technology;
· enter and retrieve data;
· work in a team; and
· manage their own work under guidance.
(ii) An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:
· provide multiple specialised services to customers such as complex sales and service advice for a range of products or services, difficult complaint and fault inquiries, deployment of service staff;
· use multiple technologies such as telephony, internet services and face-to-face contact; and
· provide a limited amount of leadership to less experienced employees.
(iii) Indicative tasks
An employee at this level would normally perform the following indicative tasks:
· follow work health and safety policy and procedures;
· communicate in a customer contact centre;
· work in a customer contact centre environment;
· respond to inbound customer contact;
· conduct outbound customer contact;
· use basic computer technology;
· use an enterprise information system; and
· provide quality customer service.
(iv) An employee at this level would also normally perform some of the following indicative tasks:
· send and retrieve information over the internet using browsers and email;
· manage work priorities and professional development;
· manage workplace relationships in a contact centre;
· use multiple information systems;
· manage customer relationships;
· deploy customer service staff;
· conduct a telemarketing campaign;
· provide sales solutions to customers;
· negotiate with customers on major faults;
· resolve complex customer complaints;
· process high risk credit applications; and
· process complex accounts, service severance and defaults.
(v) Qualifications
An employee who holds a Certificate III in Telecommunications (Customer Contact) or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(d) Principal Customer Contact Specialist
(i) Role definition
A Principal Customer Contact Specialist is employed to perform a broad range of skilled applications and provide leadership and guidance to others in the application and planning of the skills. Such an employee will:
· receive calls;
· use common call centre telephone and computer technology;
· enter and retrieve data;
· work in a team; and
· manage their own work.
(ii) The employee works with a high degree of autonomy with authority to make decisions in relation to specific customer contact matters and provides leadership as a coach, mentor or senior staff member.
(iii) An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:
· providing services to customers involving a high level of product or service knowledge, often autonomously acquired;
· using multiple technologies such as telephony, internet services and face-to-face contact;
· taking responsibility for the outcomes of customer contact and rectifying complex situations involving emergencies, substantial complaints and faults, disruptions or disconnection of service or customer dissatisfaction; and
(e) Customer Contact Team Leader
(i) Role definition
A Customer Contact Team Leader is employed to perform a broad range of skilled applications including evaluating and analysing current practices, developing new criteria and procedures for performing current practices and providing leadership and guidance to others in the application and planning of the skills. Such an employee will:
· receive calls;
· use common call centre telephone and computer technology;
· enter and retrieve data;
· work in a team; and
· manage their own work.
(ii) The employee works with a high degree of autonomy with authority to make decisions in relation to specific customer contact matters and provide leadership in a team leader role.
(iii) This employee performs a number of functions within a customer contact operation requiring a diversity of competencies including:
· providing services to customers involving a high level of product or service knowledge, often autonomously acquired;
· using multiple technologies such as telephony, internet services and face-to-face contact; and
· taking responsibility for the outcomes of customer contact and rectifying complex situations involving emergencies, substantial complaints and faults, disruptions or disconnection of service or customer dissatisfaction.
(iv) Indicative tasks
An employee at this level would normally perform the following indicative tasks:
· follow work health and safety policy and procedures;
· communicate in a customer contact centre;
· work in a customer contact centre environment;
· respond to inbound customer contact;
· conduct outbound customer contact;
· use basic computer technology;
· use an enterprise information system;
· provide quality customer service; and
· provide leadership in a contact centre.
(v) An employee at this level would also normally perform some of the following indicative tasks:
· lead operations in a contact centre;
· monitor safety in a contact centre;
· implement continuous improvement in a contact centre;
· lead innovation and change in a contact centre;
· administer customer contact telecommunications technology;
· implement customer service strategies in a contact centre;
· implement information systems in a contact centre;
· acquire product or service knowledge;
· gather, collate and record information;
· analyse information;
· lead teams in a contact centre;
· develop
teams and individuals in a contact centre; and
· develop and lead on the job training.
(vi) Qualifications
An employee who holds a Certificate IV in Telecommunications (Customer Contact) or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(f) Principal Customer Contact Leader
A Principal Customer Contact Leader is employed in the application of a significant range of fundamental principles and complex techniques across a wide and often unpredictable variety of functions in either varied or highly specific functions. Contribution to the development of a broad plan, budget or strategy is involved and accountability and responsibility for self and others in achieving the outcomes is involved.
A Principal Customer Contact Leader would co-ordinate the work of a number of teams within a call centre environment, and would typically have a number of specialists/supervisors reporting to them.
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· manage personal work priorities and professional development;
· provide leadership in the workplace;
· establish effective workplace relationships;
· facilitate work teams;
· manage operational plan;
· manage workplace information systems;
· manage quality customer service;
· ensure a safe workplace;
· promote continuous improvement;
· facilitate and capitalise on change and innovation; and
· develop a workplace learning environment.
(iii) Qualifications
An employee who holds a Diploma—Front Line Management or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(g) Interpretation
(i) The indicative tasks set out in clause A.2.1 are aligned to the units of competency in the Information Technology and Telecommunications Industry Training Advisory Board’s endorsed customer contact competency standards in the Telecommunications Training Package (ICT2002). The indicative tasks for Principal Customer Contact Leader are aligned to the units of competency in Business Services Training Australia’s endorsed competency standards in the Business Services Training Package (BSB2001).
(ii) In the event of a dispute over the meaning of the indicative tasks the relevant standards will be used to assist interpretation.
A.2.2 Clerical and administration stream—classifications
(a) Clerical and Administration Officer Level 1
(i) Role definition
An employee at this level will:
· work under direct supervision with regular checking of progress;
· apply knowledge and skills to a limited range of tasks; and
· perform work within established routines, methods and procedures that are predictable and which require the exercise of limited discretion.
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· prepare for work;
· complete daily work activities;
· apply basic communication skills;
· plan skills development;
· use business equipment;
· follow workplace safety procedures;
· operate a personal computer;
· develop keyboard skills; and
· follow environmental work practices.
(iii) Qualifications
An employee who holds a Certificate I in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(b) Clerical and Administration Officer Level 2
(i) Role definition
An employee at this level will:
· work under routine supervision with intermittent checking;
· apply knowledge and skills to a range of tasks; and
· usually perform work within established routines, methods and procedures, which involve the exercise of some discretion and minor decision making.
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· work effectively in a business environment;
· organise and complete daily work activities;
· communicate in the workplace;
· work effectively with others;
· use business technology;
· process and maintain workplace information;
· prepare and process financial/business documents;
· deliver a service to customers;
· provide information to clients;
· implement improved work practices;
· participate in workplace safety procedures;
· handle mail;
· produce simple word-processed documents;
· create and use simple spreadsheets; and
· participate in environmental work practices.
(iii) Qualifications
An employee who holds a Certificate II in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(c) Clerical and Administration Officer Level 3
(i) Role definition
An employee at this level:
· works under limited supervision with checking related to overall progress;
· may be responsible for the work of others and may be required to co–ordinate such work;
· applies knowledge with depth in some areas and a broad range of skills; and
· performs work within routines, methods and procedures where some discretion and judgment is required.
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· exercise initiative in a business environment;
· organise personal work priorities and development;
· contribute to effective workplace relationships;
· contribute to personal skill development and learning;
· organise workplace information;
· produce business documents;
· maintain business resources;
· maintain financial records;
· recommend products and services;
· deliver and monitor a service to customers;
· maintain workplace safety;
· support innovation and change;
· maintain environmental procedures;
· produce texts from shorthand notes;
· produce texts from notes;
· produce texts from audio transcription;
· design and develop text documents;
· create and use databases;
· create electronic presentations;
· organise schedules;
· process payroll;
· process accounts payable and receivable;
· maintain a general ledger;
· support leadership in the workplace;
· participate in work teams;
· support operational plans;
· provide workplace information and resourcing plans;
· support continuous improvement systems and processes;
· deliver and monitor a service to customers; and
· support a workplace learning environment.
(iii) Qualifications
An employee who holds a Certificate III in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(d) Clerical and Administration Officer Level 4
(i) Role definition
An employee at this level:
· works without supervision, with general guidance on progress and outcomes sought;
· may be responsible for the organisation of the work of others;
· applies knowledge with depth in some areas and a broad range of skills;
· performs a wide range of tasks, and the range and choice of actions required will usually be complex; and
· performs work within routines, methods and procedures where discretion and judgment is required, for both self and others.
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· develop work priorities;
· establish business networks;
· develop teams and individuals;
· analyse and present research information;
· maintain business technology;
· co-ordinate business resources;
· report on financial activity;
· promote products and services;
· co-ordinate implementation of customer service strategies;
· monitor a safe workplace;
· promote innovation and change;
· implement and monitor environmental policies;
· show leadership in the workplace;
· manage effective workplace relationships;
· lead work teams;
· implement operational plan;
· implement workplace information system;
· implement continuous improvement;
· produce complex texts from shorthand notes;
· produce complex business documents;
· develop and use complex databases;
· develop and use complex spreadsheets;
· organise meetings;
· organise business travel;
· administer projects; and
· prepare financial reports.
(iii) Qualifications
An employee who holds a Certificate IV in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(e) Clerical and Administration Officer Level 5
(i) Role definition
An employee at this level:
· may be responsible for the planning and management of the work of others;
· applies knowledge with substantial depth in some areas, and a range of skills which may be varied or highly specific;
· applies knowledge and skills independently and non-routinely; and
· exercises considerable judgment and initiative.
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· manage personal work priorities and professional development;
· provide leadership in the workplace;
· establish effective workplace relationships;
· facilitate work teams;
· manage operational plan;
· manage workplace information systems;
· manage quality customer service;
· ensure a safe workplace;
· promote continuous improvement;
· facilitate and capitalise on change and innovation;
· develop a workplace learning environment;
· manage the establishment and maintenance of a workgroup network;
· manage meetings;
· plan or review administration systems;
· manage payroll; and
· manage business document design and development.
(iii) Qualifications
An employee who holds a Diploma which is recognised within the Business Services Training Package or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(f) Interpretation
The indicative tasks set out in clause A.2.2 are aligned to the units of competency in Business Services Training Australia’s endorsed competency standards in the Business Services Training Package (BSB2001). In the event of a dispute over the meaning of the indicative tasks the relevant standards will be used to assist interpretation.
A.2.3 Contract Call Centre Industry Technical Associate
(a) Role definition
A Contract Call Centre Industry Technical Associate performs work involving the application of a significant range of fundamental principles and complex techniques across a wide and often unpredictable variety of contexts in relation to either varied or highly specific functions. Contribution to the development of a broad plan, budget or strategy is involved and accountability and responsibility for self and others in achieving the outcomes is involved.
An employee in this role is involved in:
· design, installation and management of telecommunications computer equipment and systems; and
· design, installation and management of data communications equipment.
This role includes assessing installation requirements, designing systems, planning and performing installations, testing installed equipment and fault finding. It involves a high degree of autonomy and may include some supervision of others.
(b) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
· undertake qualification testing of new or enhanced equipment and systems;
· undertake system administration;
· undertake network traffic management;
· undertake network performance analysis;
· create code for applicants; and
· prepare a detailed design for a communication network.
(c) Qualifications
An employee who holds an Advanced Diploma in Telecommunications Computer Systems or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.
(d) Interpretation
The indicative tasks set out in clause A.2.3 are aligned to the units of competency in the Information Technology and Telecommunications Industry Training Advisory Board’s endorsed competency standards in the Telecommunications Training Package (ICT2002). In the event of a dispute over the meaning of the indicative tasks the relevant standards will be used to assist interpretation.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718840, PR729278, PR740699, PR762132]
NOTE: Clauses 21.1(c) and 21.1(d) may affect the eligibility of employees to penalty rates specified in this schedule.
B.1 Full-time and part-time employees
B.1.1 Full–time and part–time adult employees—all employees—ordinary and penalty rates
[B.1.1 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23]
1 Does not apply to designated shiftworkers performing work during afternoon and night shifts.
B.1.2 Full–time and part–time adult employees—designated shiftworkers—ordinary and penalty rates
[B.1.2 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23
|
|
Ordinary hours |
Afternoon and night shift |
Permanent night shift1 |
Public holiday |
||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
115% |
130% |
200% |
||
|
|
$ |
$ |
$ |
$ |
||
|
Customer Contact Trainee |
24.08 |
27.69 |
31.30 |
48.16 |
||
|
Clerical and Administration Officer Level 1 |
24.08 |
27.69 |
31.30 |
48.16 |
||
|
Customer Contact Officer Level 1 |
24.87 |
28.60 |
32.33 |
49.74 |
||
|
Clerical and Administration Officer Level 2 |
24.87 |
28.60 |
32.33 |
49.74 |
||
|
Customer Contact Officer Level 2 |
26.18 |
30.11 |
34.03 |
52.36 |
||
|
Clerical and Administration Officer Level 3 |
26.18 |
30.11 |
34.03 |
52.36 |
||
|
Principal Customer Contact Specialist |
27.85 |
32.03 |
36.21 |
55.70 |
||
|
Customer Contact Team Leader |
28.57 |
32.86 |
37.14 |
57.14 |
||
|
Clerical and Administration Officer Level 4 |
28.57 |
32.86 |
37.14 |
57.14 |
||
|
Principal Customer Contact Leader |
30.63 |
35.22 |
39.82 |
61.26 |
||
|
Clerical and Administration Officer Level 5 |
30.63 |
35.22 |
39.82 |
61.26 |
||
|
Contract Call Centre Industry Technical Associate |
33.11 |
38.08 |
43.04 |
66.22 |
||
1 Permanent night shift is defined by clause 21.2(c).
B.1.3 Full-time and part-time adult employees—overtime rates
[B.1.3 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23]
|
|
All employees |
Other than shiftworker |
Afternoon or night shiftworker |
|||
|
|
Monday to Saturday |
Sunday |
Public holiday – day work |
Public holiday |
||
|
|
First 3 hours |
After 3 hours |
||||
|
|
% of minimum hourly rate |
|||||
|
|
150% |
200% |
200% |
250% |
200% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
|
Customer Contact Trainee |
36.12 |
48.16 |
48.16 |
60.20 |
48.16 |
|
|
Clerical and Administration Officer Level 1 |
36.12 |
48.16 |
48.16 |
60.20 |
48.16 |
|
|
Customer Contact Officer Level 1 |
37.31 |
49.74 |
49.74 |
62.18 |
49.74 |
|
|
Clerical and Administration Officer Level 2 |
37.31 |
49.74 |
49.74 |
62.18 |
49.74 |
|
|
Customer Contact Officer Level 2 |
39.27 |
52.36 |
52.36 |
65.45 |
52.36 |
|
|
Clerical and Administration Officer Level 3 |
39.27 |
52.36 |
52.36 |
65.45 |
52.36 |
|
|
Principal Customer Contact Specialist |
41.78 |
55.70 |
55.70 |
69.63 |
55.70 |
|
|
Customer Contact Team Leader |
42.86 |
57.14 |
57.14 |
71.43 |
57.14 |
|
|
Clerical and Administration Officer Level 4 |
42.86 |
57.14 |
57.14 |
71.43 |
57.14 |
|
|
Principal Customer Contact Leader |
45.95 |
61.26 |
61.26 |
76.58 |
61.26 |
|
|
Clerical and Administration Officer Level 5 |
45.95 |
61.26 |
61.26 |
76.58 |
61.26 |
|
|
Contract Call Centre Industry Technical Associate |
49.67 |
66.22 |
66.22 |
82.78 |
66.22 |
|
NOTE: Clauses 21.1(c) and 21.1(d) may affect the eligibility of employees to penalty rates specified in this schedule.
B.2.1 Adult casual employees—all employees—ordinary and penalty rates
[B.2.1 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23]
|
|
Monday to Friday |
Saturday |
Sunday |
Public holiday1 |
||
|
Within spread of ordinary hours |
Outside spread of ordinary hours1 |
7 am—7 pm |
12 am—7 am & 7 pm—12 am |
|||
|
|
% of minimum hourly rate |
|||||
|
|
125% |
150% |
150% |
175% |
200% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Customer Contact Trainee |
30.10 |
36.12 |
36.12 |
42.14 |
48.16 |
66.22 |
|
Clerical and Administration Officer Level 1 |
30.10 |
36.12 |
36.12 |
42.14 |
48.16 |
66.22 |
|
Customer Contact Officer Level 1 |
31.09 |
37.31 |
37.31 |
43.52 |
49.74 |
68.39 |
|
Clerical and Administration Officer Level 2 |
31.09 |
37.31 |
37.31 |
43.52 |
49.74 |
68.39 |
|
Customer Contact Officer Level 2 |
32.73 |
39.27 |
39.27 |
45.82 |
52.36 |
72.00 |
|
Clerical and Administration Officer Level 3 |
32.73 |
39.27 |
39.27 |
45.82 |
52.36 |
72.00 |
|
Principal Customer Contact Specialist |
34.81 |
41.78 |
41.78 |
48.74 |
55.70 |
76.59 |
|
Customer Contact Team Leader |
35.71 |
42.86 |
42.86 |
50.00 |
57.14 |
78.57 |
|
Clerical and Administration Officer Level 4 |
35.71 |
42.86 |
42.86 |
50.00 |
57.14 |
78.57 |
|
Principal Customer Contact Leader |
38.29 |
45.95 |
45.95 |
53.60 |
61.26 |
84.23 |
|
Clerical and Administration Officer Level 5 |
38.29 |
45.95 |
45.95 |
53.60 |
61.26 |
84.23 |
|
Contract Call Centre Industry Technical Associate |
41.39 |
49.67 |
49.67 |
57.94 |
66.22 |
91.05 |
1 Does not apply to designated shiftworkers performing work during afternoon and night shifts.
B.2.2 Adult casual employees—designated shiftworkers—ordinary and penalty rates
[B.2.2 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23
NOTE: Clauses 21.1(c) and 21.1(d) may affect the eligibility of employees to penalty rates specified in this schedule.
|
|
Ordinary hours |
Afternoon and night shift |
Permanent night shift1 |
Public holiday |
||
|
|
% of minimum hourly rate |
|||||
|
|
125% |
140% |
155% |
225% |
||
|
|
$ |
$ |
$ |
$ |
||
|
Customer Contact Trainee |
30.10 |
33.71 |
37.32 |
54.18 |
||
|
Clerical and Administration Officer Level 1 |
30.10 |
33.71 |
37.32 |
54.18 |
||
|
Customer Contact Officer Level 1 |
31.09 |
34.82 |
38.55 |
55.96 |
||
|
Clerical and Administration Officer Level 2 |
31.09 |
34.82 |
38.55 |
55.96 |
||
|
Customer Contact Officer Level 2 |
32.73 |
36.65 |
40.58 |
58.91 |
||
|
Clerical and Administration Officer Level 3 |
32.73 |
36.65 |
40.58 |
58.91 |
||
|
Principal Customer Contact Specialist |
34.81 |
38.99 |
43.17 |
62.66 |
||
|
Customer Contact Team Leader |
35.71 |
40.00 |
44.28 |
64.28 |
||
|
Clerical and Administration Officer Level 4 |
35.71 |
40.00 |
44.28 |
64.28 |
||
|
Principal Customer Contact Leader |
38.29 |
42.88 |
47.48 |
68.92 |
||
|
Clerical and Administration Officer Level 5 |
38.29 |
42.88 |
47.48 |
68.92 |
||
|
Contract Call Centre Industry Technical Associate |
41.39 |
46.35 |
51.32 |
74.50 |
||
1 Permanent night shift is defined by clause 21.2(c).
Schedule C—Summary of Monetary Allowances
[Varied by PR718840, PR718995, PR729278, PR729466, PR740699, PR740872, PR750773, PR762132, PR762295]
See clause 18—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR718840, PR729278, PR740699, PR762132 ppc 01Jul23]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for the Clerical and Administration Officer Level 3/Customer Contact Officer Level 2 in clause 15.1 = $995.00.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
First aid allowance |
18.2(a) |
1.94 |
19.30 |
per week |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750773 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2.1 varied by PR718995, PR729466, PR740872, PR762295 ppc 01Jul23]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Motor vehicle allowance |
18.3(a) |
0.95 |
per km |
|
Meal allowance—overtime |
18.3(c)(i) |
16.40 |
per occasion |
|
Meal allowance—travelling expenses |
18.3(f)(ii) |
16.40 |
per meal |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle/travel allowance |
Private motoring sub-group |
Schedule D—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
D.4.2 Provided that the minimum amount payable must be not less than $102 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule H—Part day Public Holidays deleted by PR747344 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048, PR728080, PR736911; deleted by PR743824 ppc 15Jul22]
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