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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 January 2025 (PR780206).
Clause(s) affected by the most recent variation(s):
17—Minimum rates
Schedule A—Summary of Hourly Rates of Pay
Table of Contents
[Varied by PR718141, PR746868, PR750457, PR774729, PR777986]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
14A. Employee right to disconnect
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
25. Parental leave and related entitlements
27. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
28A. Workplace delegates’ rights
29. Consultation about major workplace change
30. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Summary of Hourly Rates of Pay
Schedule B —Summary of Monetary Allowances
Schedule C —Supported Wage System
Schedule D —Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Cotton Ginning Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733878, PR774729, PR777251]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 19.2(a)).
[Definition of casual employee inserted by PR733878 from 27Sep21; varied by PR777251 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774729 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774729 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
leading hand means an employee who is required to supervise, direct or be in charge of another employee or employees.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 17—Minimum rates, inclusive of the disabilities allowance. Where an employee is entitled to an additional all purpose allowance, this allowance also forms part of that employee’s ordinary hourly rate.
[Definition of small business employer inserted by PR774729 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly base rate for classification level CG2 in clause 17.1.
[Definition of workplace delegate inserted by PR774729 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia operating cotton ginneries and their employees in the classifications listed in clause 13—Classifications.
4.2 This award covers any employer which supplies labour on an on-hire basis in the industries set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.2 operates subject to the exclusions from coverage in this award.
4.3 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of the industry set out in clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.1 are being performed. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award does not cover:
(a) an employee excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (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.
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 PR763220 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 31—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
11.2 |
Payment to casual employees |
An individual |
|
16.2(b) |
Paid rest breaks—day workers |
The majority of employees |
|
18.1 |
Payment of wages |
The majority of employees |
|
21.4 |
Time off instead of payment for overtime |
An individual |
|
23.3 |
Annual leave in advance |
An individual |
|
23.4 |
Cashing out of annual leave |
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;
(c) casual; or
(d) seasonal.
9. Full-time employees
A full-time employee is engaged to work an average of 38 ordinary hours per week.
10. Part-time employees
(a) is engaged to work an average of less than 38 ordinary hours per week;
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work; and
(c) is paid no less than the hourly rate for the relevant classification.
10.2 An employer must inform a part-time employee of their ordinary hours of work and starting and finishing times.
10.3 All time worked in excess of the part-time employee’s mutually agreed ordinary hours will be overtime and paid for in accordance with clause 21—Overtime.
11. Casual employees
[Varied by PR723889, PR733878, PR777251]
[11.1 deleted by PR733878 from 27Sep21]
[11.2 substituted by PR723889 ppc 20Nov20; 11.2 renumbered as 11.1 by PR733878 from 27Sep21]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading will not be paid for overtime hours worked.
(c) In the case of a penalty rate and loading applying, the casual employee will only receive the penalty rate and not the loading.
(d) In the case of more than one loading applying, a casual employee will receive only one loading and, where loadings are at a different rate, casual employees will receive the loading at the greater rate.
[11.3 renumbered as 11.2 by PR733878 from 27Sep21]
[11.4 renumbered as 11.3 by PR733878 from 27Sep21]
11.4 Changes to casual employment status
[11.5 renumbered as 11.4 and renamed and substituted by PR733878 from 27Sep21; 11.4 renamed and substituted by PR777251 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 31—Dispute resolution.
12. Seasonal employees
A seasonal employee means an employee who is engaged from time to time to supplement the permanent workforce. Upon termination of employment, such employees will be entitled to payment of an amount equal to the value of the pro rata accumulation of benefits of a full-time employee for the period of the seasonal employment.
13.1 Cotton ginning employee level 1 (CG1)
Employees at this level:
(a) are general workers involved in the cleaning of the yard and gin, general delivery work or manual labour; and
(b) require minimal training or experience to competently function in the role.
13.2 Cotton ginning employee level 2 (CG2)
Employees at this level:
(a) are workers who are in charge of operating a piece of machinery (mobile plant or gin machinery) where greater OH&S considerations exist compared with CG1 roles; and
(b) may require external tickets or internal assessment before operating this kind of machinery, excluding the requirement of a standard driver’s licence.
13.3 Cotton ginning employee level 3 (CG3)
Employees at this level:
(a) are machine operators (as per CG2) with 2 or more seasons of experience at CG2 within the cotton industry including returning seasonal employees; or
(b) are assistant/trainee ginners who are required to understand the use of and assist with the maintenance of the gin equipment and do not possess Certificate III in Ginning or equivalent experience.
13.4 Cotton ginning employee level 4 (CG4)
Employees at this level:
(a) are weighbridge operators;
(b) are assistant ginners who have completed the Certificate III in Ginning or possess the equivalent experience; or
(c) are experienced and/or qualified maintenance people operating gin equipment.
13.5 Cotton ginning employee level 5 (CG5)
Employees at this level:
(a) are ginners who are responsible for the operation of the gin; and
(b) may supervise and run a team of employees.
14.1 Ordinary hours—day workers
(b) The ordinary hours of work must not exceed 38 hours per week worked in accordance with clause 14.1(c).
(i) not to exceed 7 hours and 36 minutes continuous per day; or
(ii) not to exceed 8 hours continuous per day, provided that 24 minutes of that time will accrue toward a rostered day off (RDO).
(d) All work done in excess of ordinary hours will be overtime and paid in accordance with clause 21—Overtime.
(e) The ordinary hours of work for a part-time employee will be in accordance with clause 10—Part-time employees.
14.2 Ordinary hours—night workers
(a) Ordinary hours for night workers are worked in 5 nights each week between 6.00 pm and 8.00 am, Monday to Friday.
(b) The ordinary hours of night work must not exceed 38 hours per week worked in accordance with clause 14.2(d).
(c) The ordinary hours of work for a part-time employee will be in accordance with clause 10—Part-time employees.
(i) 7 hours and 36 minutes continuous per night; or
(ii) 8 hours continuous per night, provided 24 minutes of that time accrues toward a rostered day off.
(e) All time worked in excess of ordinary hours will be overtime and paid in accordance with clause 21—Overtime.
(f) Night work on Saturday or Sunday will be overtime and paid in accordance with clause 21—Overtime.
14A. Employee right to disconnect
[14A inserted by PR777986 from 26Aug24]
14A.1 Clause 14A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
14A.2 Clause 14A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
14A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
(ii) RDOs may be taken from Monday to Friday;
(iii) RDOs may accumulate;
(iv) RDOs may be taken up to a maximum of 5 consecutive days; and
(v) the RDO must be rostered as an RDO and agreed by the employer.
(b) An employer must not require an employee to work on an RDO unless:
(i) the employer gives a clear 7 days’ notice and provides an alternative day within the next 20 working days or otherwise entitles that employee to accumulate the RDO;
(ii) where the employer fails to provide 7 days’ notice for whatever reason, the employee will be paid at overtime rates for all time worked on the RDO.
(c) An employer will not require an RDO to be taken on a Saturday or Sunday or on a public holiday.
(d) An RDO will be regarded as a day worked for accrual purposes.
(e) Accrued days or payment for pro rata accruals will be paid out on termination on a time for time basis at the ordinary rate for pay.
16.1 Unpaid meal breaks—day workers
An employee will not work for more than 5 hours without a meal break. The time without a meal break may be extended to 6 hours with the consent of the employee. Meal breaks will be no less than 30 minutes and are unpaid.
16.2 Paid rest breaks—day workers
(a) A paid rest break (or breaks) must be provided as follows:
|
Rest break |
Minimum rest break |
|
Morning tea |
10 minutes |
|
Afternoon tea |
10 minutes |
(b) The majority of employees and the employer may agree that:
(i) the morning and afternoon tea breaks be consolidated into one longer break; or
(ii) one or both rest breaks may be added to the meal break.
16.3 Paid meal breaks—night workers
Night workers will be allowed a paid meal break of at least 20 minutes, which will be counted as time worked.
16.4 Minimum break after ceasing work for the day
(a) An employee is entitled to at least 10 hours break between finishing work on one day and commencing work on the next day.
(b) If an employee is required to perform work without having had the 10 hour break, the employee must be paid overtime rates in accordance with clause 21—Overtime until the employee is released from duty and able to take the 10 hour break.
17. Minimum rates
[Varied by PR720159, PR718841, PR729279, PR740700, PR762133, PR773909, PR780206]
[17.1 varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24, PR780206 ppc 01Jan25]
17.1 An employer must pay employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum Weekly rate (full-time employee) |
Minimum Hourly rate |
|
$ |
$ |
|
|
CG1 (first 6 months of employment) |
900.00 |
23.68 |
|
CG1 (after 6 months of employment) |
915.90 |
24.10 |
|
CG2 |
944.50 |
24.86 |
|
CG3 |
961.90 |
25.31 |
|
CG4 |
990.50 |
26.07 |
|
CG5 |
1032.30 |
27.17 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
(a) An employee required by the employer to perform the duties of a position at a higher classification level for 4 hours in any one day or longer will be paid the rate applicable for that higher level for the whole day.
(b) If the work is less than 4 hours, the employee will be paid the higher rate for the actual time worked at the higher level.
(c) An employee who is required to perform work for which a lower rate is paid will not have their own rate of pay reduced.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule C—Supported Wage System.
[17.4(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum rates and conditions for employees undertaking traineeships.
[17.4(b) varied by PR720159 ppc 18Jun20, PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Cotton Ginning 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.
18.2 One day of each pay period will be recognised as pay day.
18.3 At the option of the employer, the method of payment will be by cash, electronic funds transfer or cheque drawn on an account with a local bank.
18.4 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 18.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 18.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 18.4. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718841, PR718996, PR729279, PR729467, PR740700, PR740873, PR762133, PR762297, PR773909, PR774077]
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.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances.
19.2 Wage-related allowances
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) Disabilities allowance (clause 19.2(b)); and
(ii) Leading hand allowance (clause 19.2(c)).
[19.2(b)(i) varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24]
(i) Employees will be paid an allowance of $34.31 per week. This allowance will be in compensation for all disabilities experienced in this particular industry.
(ii) This amount will be in addition to all other amounts payable, and is payable for all purposes under this award.
(c) Leading hand allowance
[19.2(c) varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24
An employee who is appointed by the employer to be a leading hand will be paid an allowance each week as follows. This allowance is payable for all purposes.
|
In charge of |
$ per week |
|
3–10 employees |
41.27 |
|
11–20 employees |
61.65 |
|
more than 20 employees |
78.56 |
[19.2(d) varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24]
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 the St John Ambulance or similar body must be paid an additional amount of $18.65 per week if appointed by their employer to perform first aid duty.
(e) Special allowance—bulk liquid tanks
[19.2(e) varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24]
A special allowance of $0.75 per hour will be paid to employees who are required to work in bulk liquid tanks. This special allowance will be paid for the purposes of confined space and will be paid for a minimum of 4 hours.
(f) Special contingency payment
[19.2(f)(i) varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24]
|
|
Full-time employees |
Seasonal employees |
|
Location |
$ per week |
$ per week |
|
Moura and Cecil Plains |
59.42 |
17.83 |
|
Emerald and St George |
86.26 |
25.88 |
(ii) Part-time employees will be paid the allowance on a pro rata basis
(iii) Employees engaged as seasonal workers will be paid 30% of the special contingency payment for full-time employees.
(iv) The payment will be a flat payment.
19.3 Expense-related allowances
[19.3(a) varied by PR718996, PR729467, PR740873, PR762297, PR774077 ppc 01Jul24]
A meal allowance of $16.85 per meal will be paid where an employee is required to work overtime for more than one hour after their ordinary finishing time and where that employee has not been notified the day before.
[Varied by PR771291]
20.1 Superannuation legislation
[20.1 substituted by PR771291 ppc 09Apr 24]
(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 20 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.
20.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.
20.4 Superannuation fund
[20.4 varied by PR771291 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(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) CareSuper;
(b) AustSafe Super;
(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR723889, PR763220]
(a) For a full-time employee or casual employee, overtime is any time worked:
(i) in excess of the employee’s ordinary hours on any one day; or
(ii) outside the employee’s span of ordinary hours set out in clauses 14.1 and 14.2.
(b) For a part-time employee, hours worked in excess of the employee’s ordinary hours (in accordance with clauses 10.2) will be paid at the appropriate overtime rate.
|
For overtime worked on |
Overtime rate |
|
Monday to Saturday—first 2 hours |
150 |
|
Monday to Saturday—after 2 hours |
200 |
|
Sunday all day |
200 |
|
Public holiday all day |
250 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime.
(b) For the purpose of determining the overtime rate, each day stands alone.
(c) For overtime worked on a Sunday or public holiday, the employee will be paid a minimum payment of 4 hours.
[21.2 (d) substituted by PR723889 ppc 20Nov20]
(d) The casual loading prescribed by clause 11.1(a)(ii) will not be paid for overtime hours worked.
21.3 Where an employee is required to work overtime for more than one hour after ordinary ceasing time and where the employee is not notified the day before, they will be paid a meal allowance as set out in clause 19.3(a).
21.4 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 21.4(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 21.4(c) is set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 21.4 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 21.4 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 21.4 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 21.4(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 21.4 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 21.4 will apply, including the requirement for separate written agreements under clause 21.4(b) for overtime that has been worked.
[Note varied by PR763220 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 21.4 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 21.4.
22.1 An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods.
|
Ordinary hours worked: |
Penalty rate |
Casual penalty rate |
|
|
|
|
% of ordinary hourly rate (100%) |
% of ordinary hourly rate (incl. casual loading) |
|
Night work – 6.00 pm to 8.00 am |
Monday to Friday |
115% |
125% |
|
Public holiday |
All hours |
250% |
250% |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including penalty rates.
22.2 An employee who works on a public holiday must be paid for a minimum of 4 hours.
22.3 Penalty rates are not payable for overtime hours worked by the employee.
Part 6—Leave and Public Holidays
23.1 Annual leave entitlement
Annual leave entitlements are provided for in the NES. Clause 23 supplements those entitlements and provides industry specific detail.
(a) During a period of annual leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
(b) In addition, the employer must pay the employee a loading of 17.5% calculated at the employee’s ordinary hourly rate including any leading hands allowance and/or any disabilities allowance. This loading is paid instead of a night work loading.
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).
(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 23.3 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 23.3 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 23.3, 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.
23.4 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.4.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.4.
(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 23.4 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 23.4 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 23.4 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 23.4.
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 23.4.
NOTE 3: An example of the type of agreement required by clause 23.4 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.
23.5 Excessive leave accruals: general provision
NOTE: Clauses 23.5 to 23.7 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 23.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 23.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
23.6 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 23.5(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 23.6(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 23.5, 23.6 or 23.7 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 23.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 23.6(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 23.6(d) may result in the direction ceasing to have effect. See clause 23.6(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.
23.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.5(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 23.7(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 23.6(a) that, when any other paid annual leave arrangements (whether made under clause 23.5, 23.6 or 23.7 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 23.7(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 23.5, 23.6 or 23.7 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 23.7(b) 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 23.7(a).
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
25. Parental leave and related entitlements
[25 varied by PR763220 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 31—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
27. Family and domestic violence leave
[27—Unpaid family and domestic violence leave renamed and substituted by PR750457 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.
28.1 Public holidays are provided for in the NES.
28.2 Where an employee works on a public holiday they will be paid in accordance with clauses 21—Overtime and 22—Penalty rates.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774729 from 01Jul24]
28A. Workplace delegates’ rights
[28A inserted by PR774729 from 01Jul24]
28A.1 Clause 28A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 28A.
28A.2 In clause 28A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
28A.3 Before exercising entitlements under clause 28A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
28A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
28A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
28A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 28A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
28A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 28A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
28A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
28A.9 Exercise of entitlements under clause 28A
(a) A workplace delegate’s entitlements under clause 28A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 28A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 28A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 28A.
29. Consultation about major workplace change
29.1 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.
29.2 For the purposes of the discussion under clause 29.1(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.
29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
29.4 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 29.1(b).
29.5 In clause 29 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.
29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.
30. Consultation about changes to rosters or hours of work
30.1 Clause 30 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.
30.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
30.4 The employer must consider any views given under clause 30.3(b).
30.5 Clause 30 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 PR763220, PR777251, PR777986]
31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, 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.
31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.
31.5 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.
31.6 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.
31.8 While procedures are being followed under clause 31 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.
31.9 Clause 31.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763220; deleted by PR777986 from 26Aug24]
[Note inserted by PR777986 from 26Aug24; varied by PR777251 from 27Aug24]
NOTE: In addition to clause 31, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
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.
Table 1—Period of notice
|
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.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(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—Summary of Hourly Rates of Pay
[Varied by PR718841, PR729279, PR740700, PR762133, PR773909, PR780206]
See also clause 17—Minimum rates, clause 21—Overtime and clause 22—Penalty rates.
Additional allowances may be payable; see clause 19—Allowances.
A.1 Ordinary hourly rate
A.1.1 Ordinary hourly rate includes the disabilities allowance (clause 19.2(b)) which is payable for all purposes.
A.1.2 Where an additional allowance is payable for all purposes in accordance with clause 19.2(c), this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
A.2 Full-time and part-time employees
A.2.1 Full-time and part-time employees—ordinary and penalty rates
[A.2.1 varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24, PR780206 ppc 01Jan25]
|
|
Ordinary hours |
Night work (Monday – Friday) |
Public holiday |
|
|
% of ordinary hourly rate1 |
||
|
|
100% |
115% |
250% |
|
|
$ |
$ |
$ |
|
CG1 (first 6 months of employment) |
24.58 |
28.27 |
61.45 |
|
CG1 (after 6 months of employment) |
25.00 |
28.75 |
62.50 |
|
CG2 |
25.76 |
29.62 |
64.40 |
|
CG3 |
26.21 |
30.14 |
65.53 |
|
CG4 |
26.97 |
31.02 |
67.43 |
|
CG5 |
28.07 |
32.28 |
70.18 |
1 Ordinary hourly rate includes the disabilities allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
A.2.2 Full-time and part-time employees—overtime rates
[A.2.2 varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24, PR780206 ppc 01Jan25]
|
|
Monday to Saturday – first 2 hours |
Monday to Saturday – after 2 hours |
Sunday – all day |
Public holiday – all day |
|
|
% of ordinary hourly rate1 |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
CG1 (first 6 months of employment) |
36.87 |
49.16 |
49.16 |
61.45 |
|
CG1 (after 6 months of employment) |
37.50 |
50.00 |
50.00 |
62.50 |
|
CG2 |
38.64 |
51.52 |
51.52 |
64.40 |
|
CG3 |
39.32 |
52.42 |
52.42 |
65.53 |
|
CG4 |
40.46 |
53.94 |
53.94 |
67.43 |
|
CG5 |
42.11 |
56.14 |
56.14 |
70.18 |
1 Ordinary hourly rate includes the disabilities allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
A.3 Casual employees
A.3.1 Casual employees—ordinary and penalty rates
[A.3.1 varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24, PR780206 ppc 01Jan25]
|
|
Ordinary hours |
Night work (Monday – Friday) |
Public holiday |
|
|
% of ordinary hourly rate1 |
||
|
|
125% |
125% |
250% |
|
|
$ |
$ |
$ |
|
CG1 (first 6 months of employment) |
30.73 |
30.73 |
61.45 |
|
CG1 (after 6 months of employment) |
31.25 |
31.25 |
62.50 |
|
CG2 |
32.20 |
32.20 |
64.40 |
|
CG3 |
32.76 |
32.76 |
65.53 |
|
CG4 |
33.71 |
33.71 |
67.43 |
|
CG5 |
35.09 |
35.09 |
70.18 |
1 Ordinary hourly rate includes the disabilities allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
Schedule B—Summary of Monetary Allowances
[Varied by PR718841, PR718996, PR729279, PR729467, PR740700, PR740873, PR750774, PR762133, PR762297, PR773909, PR774077]
See clause 19—Allowances for full details of allowances payable under this award.
B.1 Wage-related allowances
[B.1.1 varied by PR718841, PR729279, PR740700, PR762133, PR773909 ppc 01Jul24]
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly base rate for classification level CG2 in clause 17.1 = $24.86.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Disabilities allowance1 |
19.2(b)(i) |
138.0 |
34.31 |
per week |
|
Leading hand in charge of—3–10 employees1 |
19.2(c) |
166.0 |
41.27 |
per week |
|
Leading hand in charge of—11–20 employees1 |
19.2(c) |
248.0 |
61.65 |
per week |
|
Leading hand in charge of—more than 20 employees1 |
19.2(c) |
316.0 |
78.56 |
per week |
|
First aid allowance |
19.2(d) |
75.0 |
18.65 |
per week |
|
Special allowance—bulk liquid tanks |
19.2(e) |
3.0 |
0.75 |
per hour |
|
Special contingency payment—full-time employees—Moura and Cecil Plains |
19.2(f)(i) |
239.0 |
59.42 |
per week |
|
Special contingency payment—full-time employees—Emerald and St George |
19.2(f)(i) |
347.0 |
86.26 |
per week |
|
Special contingency payment—seasonal employees—Moura and Cecil Plains2 |
19.2(f)(i) |
|
17.83 |
per week |
|
Special contingency payment—seasonal employees—Emerald and St George2 |
19.2(f)(i) |
|
25.88 |
per week |
1 This allowance applies for all purposes of this award.
2 Seasonal employees will be paid 30% of the relevant full-time special contingency rate.
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750774 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.
B.2 Expense-related allowances
[B.2 varied by PR718996, PR729467, PR740873, PR762297, PR774077 ppc 01Jul24]
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
19.3(a) |
16.85 |
per meal |
B.2.1 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 |
Schedule C—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
C.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.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
C.3 Eligibility criteria
C.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.
C.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.
C.4 Supported wage rates
C.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 C.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.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.
C.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.
C.6 Lodgement of SWS wage assessment agreement
C.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.
C.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.
C.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.
C.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.
C.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.
C.10 Trial period
C.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.
C.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.
[C.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.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 C.5.
Schedule D—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 E—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 F—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 X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
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