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Electrical, Electronic and Communications Contracting Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777252 and PR777987).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
29—Dispute resolution
Table of Contents
[Varied by PR723896, PR747561, PR750465, PR774730, PR777987]
Schedule H —Agreement for Time Off Instead of Payment for Overtime........................... 119
Part 1—Application and Operation of this Award
1.1 This award is the Electrical, Electronic and Communications Contracting Award 2020.
[Varied by PR733844, PR743415, PR774730, PR777252]
2.1 In this award, unless the contrary intention appears, the definitions in clause 2 will apply.
The award provides a career path in the following 5 broad skill streams within the electrical, electronic and communication contracting industries:
(i) Includes all electrical work normally associated with the work of an electrical mechanic, electrical fitter, electrician—special class and electronics tradesperson as defined in Schedule A—Classification Definitions.
(ii) Includes electronic work to the extent that electrician—special class and electronics tradesperson undertake electronic work.
(b) Stream two—electronics/communications
(i) Covers all types of electronic/communications work not requiring the full range of skills and training of an electrical tradesperson. It includes, but is not limited to the following:
· computers, peripherals and other electronic equipment;
· fire alarms, security alarm systems and surveillance systems (the definition of fire alarm industry and security alarm systems is found in clause 2.3);
· communications equipment and radio/television/public address; and
· other areas of work listed in clause 4.3.
(ii) Communications includes but is not limited to telecommunications.
(iii) Includes the work described in Schedule A—Classification Definitions, of this award within the definitions of:
· electronic equipment tester/installer;
· television antenna installer/erector;
· alarm/security technician;
· electronic serviceman;
· television/radio/electronic serviceperson; and
· alarm/security tester.
(c) Stream three—instrumentation
Includes instrument and instrumentation work normally associated with the work of instrument tradespeople, electrical/instrument tradespeople, instrument trades—complex systems and instrumentation and controls tradespeople.
(d) Stream four—refrigeration/air-conditioning
Includes work in or in connection with refrigeration and air-conditioning, plant, equipment or systems.
(e) Stream five—lines/cable work (power distribution)
Includes all the work normally associated with the work of lines tradespeople and/or cable jointers and work in or in connection with, or incidental to the making, installation and maintenance of electrical/electronic distribution lines and systems.
Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract for an apprenticeship in accordance with clause 12—Apprentices of this Award.
afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings including payments for overtime, payments while they are on all forms of paid leave, public holidays and pro rata payments on termination.
apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 12—Apprentices of this Award.
[Definition of casual employee inserted by PR733844 from 27Sep21; varied by PR777252 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.
communications includes but is not limited to telecommunications.
continuous shiftworker means an employee regularly engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 5 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.
contractor means any entity who or which contracts to provide electrical services as defined in clause 4.3.
crib time as used in clauses 13.10, 13.11 and 20—Overtime of this award will take the place of any meal break during overtime or shiftwork and will be taken without loss of pay at the appropriate rate.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than their usual place of residence at the time of commencing such work.
electrical services has the meaning given in clause 4.3.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774730 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 PR774730 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).
fire alarm systems means the industry and trades which are concerned with the installation, repair, modification, maintenance, testing and servicing of fire alarms, detectors, fire-suppression signs, bells and associated equipment.
leading hand means any electrical worker (other than a supervisor or foreperson) who is placed in charge of work on which 3 or more employees, in addition to the electrical worker, are engaged.
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 8.00 am.
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.
[Definition of ordinary hourly rate substituted by PR743415 ppc 11Jul22]
ordinary hourly rate means the minimum weekly rate for an employee’s classification specified in clause 16.2, plus the industry allowance and any applicable additional all purpose allowances divided by 38.
[Definition of regular casual employee inserted by PR733844 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
rostered day off means the weekday, not being a holiday, that an employee has off duty when working in accordance with an average hours system.
rostered shift means any shift of which the employee has had at least 48 hours’ notice.
security alarm systems means the industry and trades which are connected with the installation, maintenance, monitoring, controlling, repairing or testing of any electrical, electronic, or acoustic equipment or device, or any combination thereof which includes any intruder alarm system incorporating closed circuit television, video or photographic systems, electronic, electromechanical access control systems, any computer hardware systems and/or computer software including ancillary equipment or any external or internal lighting device used for any commercial, industrial, domestic or governmental purpose.
service has the same meaning as section 22 of the Act, provided that service will be deemed to be continuous notwithstanding any interruption or termination of the employment by the employer if such interruption or termination has occurred merely with the intention of avoiding obligations under this award or the NES.
[Definition of small business employer inserted by PR774730 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum rate for an Electrical worker grade 5 in clause 16.2.
work cycle means a roster cycle made up of working and non-working days.
[Definition of workplace delegate inserted by PR774730 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 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.
4.1 This industry award covers employers throughout Australia in the industry of electrical services provided by electrical, electronics and communications contractors and their employees in the classifications within Schedule A—Classification Definitions to the exclusion of any other modern award.
4.2 Without limiting the generality of that exclusion, the award does not cover:
(a) employers who are manufacturers or vendors of plant or equipment in high or low tension power stations; and/or substations for the generation and/or transmission of electric power in respect of the manufacturing section of the business or their employees engaged in that section; or
(b) employers operating a business, the primary purpose of which is the manufacture and/or vending of plant and equipment in respect of those parts or divisions of the business which predominantly engage in the manufacture and/or vending of plant and equipment or the installation, assembly, refurbishment and maintenance of that plant and equipment or their employees engaged in that part or division.
4.3 For the purposes of clause 4.1, electrical services includes:
(a) the maintenance of electric power distribution lines and all associated work; and/or
(b) the installation of electric light and power, all classes of assembly, wiring, repair and maintenance of electrical installations and appliances including, without in any way limiting the generality of the foregoing, the assembling, installing, diagnosing, servicing and rectifying of faults in any of the following:
· electronic products (e.g. television receivers, video cassette recorders, audio equipment/systems, home computers, etc) and any combination of these products together with ancillary devices and/or equipment;
· television and radio transmitting devices including: LF (low frequency); HF (high frequency); VHF (very high frequency); UHF (ultra high frequency); and CB radios;
· telemetry systems and ancillary equipment;
· multiple access television distribution systems;
· computers and their peripherals;
· microwave and associated equipment;
· electrically operated refrigeration and air conditioning plant and/or equipment;
· telephone communication devices;
· fibre optic transmission lines and associated equipment;
· public address systems;
· domestic satellite television receivers;
· maritime electronic equipment (including depth sounders, radar, etc);
· security alarm systems;
· fire alarm systems;
· superconductivity systems and associated equipment;
· electromagnetic devices;
· instrumentation; and
· all work incidental to the above.
4.4 This award covers any employer which supplies labour on an on-hire basis in the electrical services industry 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the electrical services industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 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.
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 PR763221 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 29—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: |
|
13.3 |
Spread of hours—day workers |
An individual or the majority of employees |
|
13.5 |
12 hour shifts |
The majority of employees |
|
13.10(c)(i) |
Ordinary hours of work—continuous shiftwork |
An individual or the majority of employees |
|
13.11(c)(i) |
Ordinary hours of work—other than continuous shiftwork |
An individual or the majority of employees |
|
14.3(b) |
Rest breaks during overtime |
An individual |
|
17.2(a) |
Payment of wages |
An individual or the majority of employees |
|
18.4(b)(ii) |
Towers allowance |
An individual or the majority of employees |
|
20.7 |
Time off instead of payment for overtime |
An individual |
|
21.10 |
Annual leave in advance |
An individual |
|
21.11 |
Cashing out of annual leave |
An individual |
|
26.2 |
Substitution of public holidays |
An individual |
An employee may be engaged on a full-time, part-time or casual basis.
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
10.1 A part-time employee is an employee who is engaged to work on a part-time basis for a constant number of hours for less than 38 hours per week.
10.2 An employee engaged on a part-time basis will be entitled to payment in respect of annual leave, public holidays, and personal/carer’s leave arising under this award and/or the NES on a proportionate basis.
10.3 For each ordinary hour worked, a part-time employee will be paid no less than the ordinary hourly rate for the relevant classification plus any applicable allowances.
10.5 Part-time employees—public holidays
(a) Where the normal hours of a part-time employee fall on a public holiday and work is not performed by the employee, such employee will not lose pay for the day.
(b) Where the employee works on the holiday, such employee must be paid in accordance with clauses 13.15 and 20.4(b).
10.6 Part-time employees—overtime
A part-time employee will not be required to work outside of the hours advised in accordance with clause 10.4 unless there are urgent and/or unforeseen circumstances. In such a case, the overtime provisions of clause 20—Overtime, will apply.
[Varied by PR733844, PR777252]
[11.1 varied by PR733844 from 27Sep21]
11.1 A casual employee’s ordinary hours of work are the lesser of an average of 38 hours per week or the hours required to be worked by the employer.
11.2 For each hour worked, a casual employee will be paid no less than the ordinary hourly rate of pay for their classification in clause 16—Minimum rates and Classifications, plus a casual loading of 25%.
11.4 The provisions of clause 20—Overtime and clause 13.13—Shift allowances apply to casual employees.
11.5 Changes to casual employment status
[11.5 renamed and substituted by PR733844 , PR777252 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 29—Dispute resolution.
12.1 State or Territory legislation to apply to apprentices
(a) The terms of this award will apply to apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in clause 12.2(c) where declared or recognised by an apprenticeship authority which is established under State or Territory legislation.
(a) In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.
(b) Where it is consistent with State legislation, an apprentice may be engaged under a training agreement approved by a relevant State/Territory apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the EE-0Z Industry Skills Council (ElectroComms and EnergyUtilities Industry Skills Council) and endorsed by the National Skills Standards Council.
(c) Subject to clause 12.1(a), a trainee apprentice or indentured apprentice will be employed in any of the following trades:
· electrical;
· instrumentation;
· electronic/communications;
· refrigeration air-conditioning; or
· power lines work and cable jointing.
12.3 In order to undertake trade training, a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the apprenticeship authority or State legislation. The employer must provide training and/or provide access to training consistent with the contract or training agreement without loss of pay.
12.4 Time spent by an apprentice, in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.4 operates subject to the provisions of Schedule D—School-based Apprentices.
12.5 Excess travel costs for block release training
(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and the training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Clause 12.5 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(b) For the purposes of clause 12.5(a) excess reasonable travel costs include the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, in excess of the travel and expenses allowance payable under clause 18.6. For the purposes of clause 12.5(a) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(c) The amount payable by an employer under clause 12.5(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
12.6 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State legislation and the relevant apprenticeship authority.
12.7 The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with the State legislation but must not exceed 3 months.
12.8 Training costs
(i) all fees paid by the apprentice less any amount paid to the apprentice for reimbursement of these fees by a government; and
(ii) any costs associated with prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract.
(b) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.8(a).
12.9 Except as provided in clause 12 or where otherwise stated all conditions of employment specified in the award will apply to apprentices. The ordinary hours of employment of apprentices must not in each enterprise exceed those of the relevant tradesperson.
12.10 Subject to clause 12.15 the period of apprenticeship will be 4 years. The period may be varied with approval of the apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 16.4—Apprentice minimum rates.
12.11 No apprentices under the age of 18 years will be required to work overtime or shiftwork unless they so desire. No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with the contract of apprenticeship or training agreement.
12.12 No apprentice will work under a system of payment by results.
12.13 Apprentices attending technical college on a rostered day off
An apprentice working in an establishment under a particular work cycle in accordance with clause 13.4 who attends technical college on a rostered day off, must be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle.
12.14 Employment of minors
(a) An employer must not employ minors in any trade covered by the classifications of this award where the relevant State apprenticeship authority has prescribed such classifications as an apprenticeship trade.
(b) A minor may be taken on as a probationary apprentice for 3 months and, if apprenticed, such 3 months will count as part of their period of apprenticeship.
12.15 Effect on period of apprenticeship of lost time
(a) If, during the period of apprenticeship, an apprentice has served less than the ordinary working days prescribed by this award or has been unlawfully absent from work, then for every day short or absent the apprentice will serve an additional day in the apprenticeship period.
(b) In calculating the extra time to be so served, the apprentice will be credited with time which the apprentice has worked during the relevant year in excess of the apprentice’s ordinary hours.
13. Ordinary hours of work and rostering arrangements
[Varied by PR735789]
13.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
13.2 Ordinary hours of work—day workers
The ordinary hours of work in clause 13 may be worked Monday to Friday, inclusive.
13.3 Spread of hours—day workers
The ordinary hours of work will be 6.00 am to 6.00 pm, provided that:
(b) the spread of hours may be altered as to all or a section of the employees by agreement of the employer and individual employee or the majority of the employees.
The ordinary hours of work for day workers will be an average of 38 per week to be worked on one of the following bases:
(a) 38 hours within a work cycle not exceeding 7 consecutive days;
(b) 76 hours within a work cycle not exceeding 14 consecutive days;
(c) 114 hours within a work cycle not exceeding 21 consecutive days; or
(d) 152 hours within a work cycle not exceeding 28 consecutive days.
By agreement between the employer and the majority of employees concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
(a) proper health monitoring procedures being introduced;
(b) suitable roster arrangements being made; and
(c) proper supervision being provided.
(b) An employer who adopts a proportion for the purpose of clause 13.6(a) may apply the same proportion for the calculation of overtime.
13.7 Implementation of 38 hour week
The ordinary hours of work may be arranged in accordance with one of the following:
(a) by employees working less than 8 ordinary hours each day; or
(b) by employees working less than 8 ordinary hours on one or more days in each week; or
(c) by employees working less than 8 ordinary hours on one or more days in each fortnight; or
(d) by fixing one weekday on which all employees will be off during a particular work cycle; or
(a) Rostered day off for the purpose of this award is the weekday, not being a holiday, that an employee has off duty when working in accordance with an average hours system.
(b) Notice of rostered day off
Where an employee, in accordance with clause 13.7, is entitled to a day off during the employee’s work cycle, they must be advised by the employer at least 4 weeks in advance of the weekday the employee is to take off.
(c) Rostered day off not to coincide with public holiday
Where an employee’s ordinary hours are arranged in accordance with clause 13.7, the weekday or part of the weekday taken off must not coincide with a public holiday as prescribed in the NES.
(d) Substitution of rostered day off
(i) An employer may substitute the day an employee is to take off in accordance with clauses 13.7(d) and 13.7(e) for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.
(iv) Any substitute day off must be taken either in the current work cycle or in the next succeeding work cycle.
(v) Where any employee, in accordance with clauses 13.7(d) and 13.7(e) is entitled to a day off during the employee’s work cycle and that day off falls on a public holiday, as prescribed in the NES, the next working day will be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the employer and the employee.
(vi) In clause 13.8 the reference to a day or working day may also be taken as reference to a part day or part working day as the case may be and is appropriate.
(e) Calculation of weekly wage rates—Rostered day off (RDO) system
Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following is to apply:
(i) the employee will accrue a credit for each day they work ordinary hours in excess of the daily average;
(ii) the employee will not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service; and
(iii) an employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.
Employees must be allowed a rest break of 10 minutes on each day between the time of commencing work and the usual meal break. The rest break must be counted as part of time worked.
13.10 Ordinary hours of work—continuous shiftwork
(a) Clause 13.10 will only apply to continuous shiftworkers as defined in clause 2.3.
(b) The ordinary hours of continuous shiftworkers must average 38 hours per week inclusive of crib time and must not exceed 152 hours in 28 consecutive days.
(c) Continuous shiftworkers must work at such times as the employer may require, subject to the following conditions:
(iii) 20 minutes must be allowed to continuous shiftworkers each shift for crib which must be counted as time worked; and
(iv) An employee must not be required to work for more than 5 hours without a break for a meal.
13.11 Ordinary hours of work—other than continuous shiftwork
(a) Clause 13.11 will apply to shiftworkers working on other than continuous shiftwork.
(b) The ordinary hours of work must be an average of 38 per week, to be worked in one of the following shift cycles;
(i) 38 hours within a period not exceeding 7 consecutive calendar days; or
(ii) 76 hours within a period not exceeding 14 consecutive calendar days; or
(iii) 114 hours within a period not exceeding 21 consecutive calendar days; or
(iv) 152 hours within a period not exceeding 28 consecutive days.
(ii) The ordinary hours must be worked continuously.
(iii) The timing of crib time is at the discretion of the employer, provided that an employee must not be required to work for more than 5 hours without a break for crib time.
(iv) Except at the regular change-over of shifts, an employee must not be required to work more than one shift in each 24 hours.
13.12 Rosters
A shift roster must specify the commencing and finishing times of ordinary hours of work of each shift.
(a) An employee whilst on afternoon or night shift as defined in clause 2.3 must be paid for such shift at 115% of the employee’s ordinary hourly rate.
[13.13(b) substituted by PR735789 ppc 23Nov21]
NOTE: The shift allowances for a casual employee in clause 13.13(b)(ii) have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the shift allowance for a full-time or part-time employee prescribed by clause 13.13(b)(i).
(c) An employee is on permanent night shift when the employee:
(i) during a period of engagement on shift, 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 another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.
(d) An employee on permanent night shift must, during such engagement, period or cycle, be paid 130% of the employee’s ordinary hourly rate for all ordinary hours worked on the night shift.
13.14 Rate for working on Saturday shifts
[13.14 substituted by PR735789 ppc 23Nov21]
(i) for a full-time or part-time shiftworker, at 150% of the ordinary hourly rate; and
(ii) for a casual shiftworker, at 187.5% of the ordinary hourly rate.
(b) The extra rates in clause 13.14(a) are in substitution for and not cumulative upon the shift premiums prescribed in clause 13.13.
NOTE: The penalty rate for a casual employee in clause 13.14(a)(ii) has been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the penalty rate for a full-time or part-time employee prescribed by clause 13.14(a)(i).
13.15 Rate for working on a Sunday and public holiday shifts
[13.15(a) substituted by PR735789 ppc 23Nov21]
(a) The rate at which continuous shiftworkers are to be paid for work on a rostered shift, the major portion of which is performed on a Sunday or public holiday, is as follows:
(i) for full-time and part-time continuous shiftworkers, at 200% of the ordinary hourly rate; and
(ii) for casual continuous shiftworkers, at 250% of the ordinary hourly rate.
[13.15(b) substituted by PR735789 ppc 23Nov21]
(b) The rate at which shiftworkers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:
(i) for full-time and part-time non-continuous shiftworkers on Sunday—200% of the ordinary hourly rate;
(ii) for casual non-continuous shiftworkers on Sunday—250% of the ordinary hourly rate;
(iv) for casual non-continuous shiftworkers on public holidays—312.5% of the ordinary hourly rate.
(c) Where shifts commence between 11.00 pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.
(d) Where shifts fall partly on a public holiday, the shift that has the major portion falling on the public holiday will be regarded as the holiday shift.
(e) The extra rates in clause 13.15 are in substitution for and not cumulative upon the shift premiums prescribed in clause 13.13.
[NOTE inserted by PR735789 ppc 23Nov21]
NOTE: The penalty rates for casual employees in clauses 13.15(a)(ii), 13.15(b)(ii) and 13.15(b)(iv) have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the penalty rates for full-time and part-time employees prescribed by clauses 13.15(a)(i), 13.15(b)(i) and 13.15(b)(iii), respectively.
[13.16 substituted by PR735789 ppc 23Nov21]
(a) Subject to clause 13.16(c), for all time worked in excess of or outside the ordinary hours of work prescribed by this award or on a shift other than a rostered shift, a full-time or part-time shiftworker must be paid:
(i) if employed on continuous shiftwork—at the rate of 200% of the ordinary hourly rate; or
(b) Subject to clause 13.16(c), for all time worked in excess of or outside the ordinary hours of work prescribed by this award or on a shift other than a rostered shift, a casual shiftworker must be paid:
(i) if employed on continuous shiftwork—at the rate of 250% of the ordinary hourly rate; or
(ii) if employed on other than continuous shiftwork—at the rate of 187.5% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate thereafter.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 13.16(a).
(c) Clauses 13.16(a) and 13.16(b) do not apply where the time is worked:
(i) by arrangement between the employees themselves;
(ii) for the purpose of effecting customary rotation on shifts; or
(iii) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with the Act. Provided that when less than 8 hours’ notice has been given to the employer by a relief worker that the relief worker will be absent from work and the employee whom the relief worker should relieve is not relieved and is required to continue to work on the employee’s rostered day off, the unrelieved employee must be paid 200% of the ordinary hourly rate.
(d) Such extra rates will be in substitution for and not cumulative upon the shift premiums.
13.17 Rest period after shiftwork
(b) If, on the instructions of the employer, the employee resumes or continues to work without having had 10 consecutive hours off duty, the employee must be paid at 200% of the ordinary hourly rate until released from duty and then be entitled to 10 hours off duty and must not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances, for any such off duty period.
13.18 Daylight saving
For work performed which spans the start or finish of a system of daylight saving as prescribed by relevant State or territory 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 where the clock in each case is set to the time according to the relevant legislation).
13A. Employee right to disconnect
[13A inserted by PR777987 from 26Aug24]
13A.1 Clause 13A 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.
13A.2 Clause 13A 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.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the availability for duty allowance under clause 20.6; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the availability duty.
13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 20.5(a).
14.1 Meal breaks and rest breaks
(a) An employee, other than a shiftworker, is entitled to an unpaid meal break of at least 30 minutes after every 6 hours worked.
(b) A shiftworker is entitled to a paid meal break of 20 minutes per shift.
14.2 Payment for work during meal break
(a) Except as provided in clause 14.2(b), all work done during the normal meal break and thereafter until a meal break is allowed, must be paid at 150% of the ordinary hourly rate.
(b) Subject to the provisions of clause 14.1, an employee employed on regular maintenance work must work during meal breaks at the ordinary hourly rate whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done while such plant is idle.
14.3 Rest breaks during overtime
(b) The employer and an employee may agree to any variation of clause 14.3(a) to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 14.3(a).
14.4 Minimum break between work on successive days or shifts
(a) Employees other than shiftworkers
(ii) An employee (other than a casual employee) who works so much overtime between the termination of work on one day and the commencement of work on the next day that the employee has not had at least 10 consecutive hours off work between those times must be released after completion of the overtime until the employee has had 10 consecutive hours off work without loss of pay for ordinary working time occurring during such absence.
(b) Shiftworkers
For shiftworkers, the required period of consecutive hours off work is 8 hours. Other arrangements are as per clauses 14.4(a)(i) to (iii) above.
15.1 Definition of inclement weather
Inclement weather means the existence of abnormal and extreme climatic conditions by virtue of which it is either not reasonable or not safe for employees exposed to continue working for the duration of such conditions.
15.2 Conference procedure for inclement weather
The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 15 apply.
15.3 Transfer of work site due to inclement weather
(a) Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site or to another site which is not affected by inclement weather.
(b) Employees may be transferred from one site to another and the employer provides transport where necessary.
15.4 Payment for lost time due to inclement weather
(b) An employee will not be entitled to payment for time lost through inclement weather as provided for in clause 15.4(a) unless the provisions of clause 15 have been observed.
16. Minimum rates and Classifications
[Varied by PR729280, PR733844, PR740702, PR762134, PR773910]
16.1 The definitions of the classification levels in clause 16 are contained in Schedule A—Classification Definitions.
[16.2 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
16.2 The classifications and minimum rates for an employee, other than an apprentice, are set out in the following table:
|
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
|
$ |
$ |
|
Electrical worker grade 1 |
903.90 |
23.79 |
|
Electrical worker grade 2 |
934.50 |
24.59 |
|
Electrical worker grade 3 |
965.60 |
25.41 |
|
Electrical worker grade 4 |
996.70 |
26.23 |
|
Electrical worker grade 5 |
1032.30 |
27.17 |
|
Electrical worker grade 6 |
1064.70 |
28.02 |
|
Electrical worker grade 7 |
1126.30 |
29.64 |
|
Electrical worker grade 8 |
1183.50 |
31.14 |
|
Electrical worker grade 9 |
1207.80 |
31.78 |
|
Electrical worker grade 10 |
1305.10 |
34.34 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
16.3 Addition of other all-purpose allowances
(a) The all-purpose rate to be paid to an employee, other than an apprentice, will be the sum of the minimum rate in the table in clause 16.2, the industry allowance in clause 18.3(a), and, where applicable, the tool allowance in clause 18.3(g), the electrician’s licence allowance in clause 18.3(b), the leading hand allowance in clause 18.3(c), the nominee allowance in clause 18.3(d), the electrical distribution line maintenance and tree clearing allowance in clause 18.3(e) and the rate for ordering materials in clause 18.3(f).
(b) The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.
(a) Junior apprentice minimum rates
(i) Apprentices, other than adult apprentices, commencing their apprenticeship before 1 January 2014 will be paid the percentages of the minimum rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:
|
Year of apprenticeship |
% |
|
40 |
|
|
52 |
|
|
70 |
|
|
82 |
(ii) Apprentices, other than adult apprentices, commencing their apprenticeship on or after 1 January 2014 will be paid the percentages of the minimum rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:
|
Year of apprenticeship |
Apprentices who
have not completed Year 12 |
Apprentices who
have completed Year 12 |
|
1st year |
50 |
55 |
|
2nd year |
60 |
65 |
|
3rd year |
70 |
70 |
|
4th year |
82 |
82 |
(iii) In addition to the minimum wage payments arising from clause 16.4(a)(i) or clause 16.4(a)(ii), apprentices will be paid the full amount of the tool allowance in clause 18.3(g) and the fares allowances in clause 18.6(d) and the percentages shown in clause 16.4(a)(i) or clause 16.4(a)(ii) of the electrician’s licence allowance in clause 18.3(b), the travel time allowance in clause 18.6(c) and the industry allowance in clause 18.3(a). Any other special allowances in clauses 18.4 and 18.5 and allowances for travel and expenses in clauses 18.6 and 18.7 will be paid to apprentices on an ‘as incurred’ basis at the rate specified, subject to clause 18.2(b).
(iv) The weekly all-purpose rate to be paid to an apprentice will be the sum of the minimum wage rate arising from clause 16.4(a)(i) or clause 16.4(a)(ii), the full amount of the tool allowance in clause 18.3(g) and the percentages shown in clause 16.4(a)(i) or clause 16.4(a)(ii) of the electrician’s licence allowance in clause 18.3(b), and the industry allowance in clause 18.3(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.
(b) Adult apprentices minimum rates
[16.4(b)(i) varied by PR733844 from 27Sep21]
(i) Where a person has been employed by an employer under this award immediately before commencing their adult apprenticeship with that employer, for at least 6 months as a full-time employee, or 12 months as a part-time or regular casual employee, that person must not suffer a reduction in their minimum wage by virtue of commencing their adult apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 16.2 in which the adult apprentice was engaged immediately before commencing their adult apprenticeship.
(ii) Subject to clause 16.4(b)(i), adult apprentices commencing their apprenticeship before 1 January 2014 will be paid the percentages of the minimum rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:
|
Year of apprenticeship |
% |
|
1st year |
40 |
|
2nd year |
52 |
|
3rd year |
70 |
|
4th year |
82 |
(iii) In addition to the minimum wage payments arising from clause 16.4(b)(ii), adult apprentices commencing their apprenticeship before 1 January 2014 will be paid the full amount of the tool allowance in clause 18.3(g) and the fares allowances in clause 18.6(d), and the percentages shown in clause 16.4(b)(ii) of the travel time allowance in clause 18.6(c), the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a). Any other special allowances in clauses 18.4 and 18.5 and allowances for travel and expenses in clauses 18.6 and 18.7 will be paid to apprentices on an ‘as incurred’ basis at the rate specified, subject to clause 18.2(b).
(iv) The weekly all-purpose rate to be paid to an adult apprentice commencing their apprenticeship before 1 January 2014 will be the sum of the minimum rate arising from clause 16.4(b)(ii), the full amount of the tool allowance in clause 18.3(g) and the percentages shown in clause 16.4(b)(ii) of the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.
(v) Subject to clause 16.4(b)(i), adult apprentices commencing their apprenticeship on or after 1 January 2014 will be paid as set out in the following table:
|
From 1 January 2014 |
|
|
Year of apprenticeship |
|
|
1st year |
80% of the minimum rate for Electrical Worker Grade 5 |
|
2nd year |
EW1 |
|
3rd year |
EW1 |
|
4th year |
EW1 |
(vi) In addition to the minimum wage payments arising from clause 16.4(b)(v), adult apprentices commencing their apprenticeship on or after 1 January 2014 will be paid the full amount of the tool allowance in clause 18.3(g) and the fares allowances in clause 18.6(d), and the following percentages of the travel time allowance in clause 18.6(c), the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a): namely, 80% in the first year and 87% for each subsequent year. Any other special allowances in clauses 18.4 and 18.5 and allowances for travel and expenses in clauses 18.6 and 18.7 will be paid to apprentices on an ‘as incurred’ basis at the rate specified, subject to clause 18.2(b).
(vii) The weekly all-purpose rate to be paid to an adult apprentice commencing their apprenticeship on or after 1 January 2014 will be the sum of the minimum rate arising from clause 16.4(b)(v), the full amount of the tool allowance in clause 18.3(g) and the percentages set out in clause 16.4(b)(vi) of the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.
16.5 School-based apprenticeship
For school-based apprentices, see Schedule D—School-based Apprentices.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[16.7(b) varied by PR729280, PR740702, PR762134, PR773910 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 Electrical, Electronic and Communications Contracting 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.
17.1 Except as provided in clause 17.2(a), wages including overtime, must be paid weekly, either:
(a) according to the actual ordinary hours worked each week; or
(b) according to the average number of ordinary hours worked each week.
(b) The pay period for the payment of wages ends at the usual time of ceasing work not more than 2 clear ordinary working days prior to the commencement of pay day. In any week in which a public holiday occurs one day after the normal pay day, wages are to be paid in that week 2 days prior to such public holiday. If an employee takes a rostered day off on a day which coincides with pay day, the employee must be paid not later than the working day immediately following pay day. Where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
17.3 Method of payment
(a) Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
(b) In the case of an employee paid by cheque, if the employee requires it, the employer is to have a facility available during ordinary hours for the employee to cash the cheque.
17.4 Day off coinciding with pay day
Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
17.5 Wages to be paid during working hours
Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours.
17.6 Payment of wages on termination of employment
(a) Upon termination of employment, the employer must pay an employee the wages due to the employee for any complete or incomplete pay period up to the end of the day of termination, by the end of the next business day after the day on which the employee’s employment was terminated.
(b) Where an employee is paid under a rostered day off system and has accrued a credit towards a rostered day off such credit must be taken into account in calculating wages due on termination.
(c) All other amounts due to an employee under this award or under the NES, other than those specified under clause 17.6(a), must be paid by no later than 7 days after the day on which the employee’s employment terminates.
(d) The requirement to pay wages and other amounts under clauses 17.6(a) and 17.6(c) is subject to further order of the Commission and the employer making deductions authorised by this award or 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 them notice.
NOTE 2: Clause 17.6(d) allows the Commission to make an order delaying the requirement to make a payment under clause 17.6(c). 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 PR729280, PR729468, PR740702, PR740874, PR743415, PR762134, PR762298, PR773910, PR774078]
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 17.6(a).
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Application of 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 or loadings including payments for overtime, payments while they are on all forms of paid leave, public holidays and pro rata payments on termination. The allowances in clause 18.3 are paid for all purposes under this award.
(i) Special allowances are not cumulative. Where more than one of the disabilities which entitles an employee to the payment of a special allowance occurs, the employer will be bound to pay only one rate, being the highest rate for the applicable disabilities.
(ii) Special allowances are not subject to penalty additions. The special allowances will be paid irrespective of the times at which the work is performed, and will not be subject to any premium or penalty additions.
[18.3(a) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
An all-purpose allowance of $38.20 per week will be paid as compensation for the following disabilities associated with on-site work:
(i) climatic conditions when working in the open on all types of work;
(ii) the physical disadvantage of having to climb stairs or ladders;
(iii) the disability of dust and fumes blowing in the wind, brick dust and drippings from newly poured concrete;
(iv) sloppy and muddy conditions associated with the initial stages of on-site construction work;
(v) the disability of working on all types of scaffolding, excluding swing scaffolding; and/or
(vi) the lack of usual permanent amenities associated with factory work.
(b) Electrician’s licence allowance
[18.3(b) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
An electrical worker who is an electrical mechanic who holds and in the course of their duties may be required to use an unrestricted licence must be paid an all-purpose allowance of $37.16 per week.
[18.3(c) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
An employee specifically appointed to be a Leading hand must be paid the following additional amounts above the rates of the highest classification supervised, or their own rate, whichever is the highest, in accordance with the number of employees in their charge.
|
In charge of: |
$ per week |
|
3 to 10 employees |
44.39 |
|
11 to 20 employees |
61.94 |
|
More than 20 employees |
83.62 |
[18.3(d) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
An electrical mechanic who holds the relevant State electrical licence and acts as a nominee for an electrical contractor must be paid an additional all-purpose allowance of at least $94.97 per week.
(e) Electrical distribution line maintenance and tree clearing allowance
[18.3(e) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
An all-purpose allowance of $79.49 per week must be paid to employees engaged on tree clearing and work associated with the maintenance of electrical distribution lines.
(f) Rate for ordering materials
(i) Clause 18.3(f) applies to employees engaged in the building and construction industry.
[18.3(f)(ii) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
(ii) Subject to clause 18.3(f)(iii), when an employee is left in charge of a job which has a duration of one week or more, and is required to order materials for a job on which 2 employees (including the employee left in charge) are engaged, an all-purpose allowance of:
· $20.65 per week must be paid when 4 or more days in a pay period are spent on such duties; or
· $4.13 per day will be paid for periods shorter than 4 days.
(iii) The allowance in clause 18.3(f)(ii) is not payable to an employee receiving the leading hands allowance in clause 18.3(c).
[18.3(g) varied by PR729468, PR740874, PR762298, PR774078 ppc 01Jul24]
For the purpose of an employee maintaining an adequate kit of tools, a tool allowance of $22.31 per week must be paid for all-purposes of the award to:
(i) Electrical workers at grade 5 and beyond;
(ii) Electrical workers performing the duties of television antenna installer/erector or television/radio/electronic equipment serviceperson.
18.4 Special allowances—wage-related
(i) Eligibility for multistorey allowance
A multistorey allowance must be paid to all employees on-site engaged in the construction of a multistorey building, to compensate for the disabilities experienced in, and which are peculiar to, the construction of a multistorey building.
(ii) Definition of multistorey building
For the purposes of clause 18.4(a) a multistorey building is a building which will, when complete, consist of 5 or more storey levels.
For the purposes of clause 18.4(a), a storey level means a structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and will include basement levels and mezzanine or similar levels (but excluding half floors such as toilet blocks or store rooms located between floors).
[18.4(a)(iii) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
Except as provided for in clause 18.4(a)(iv), the following allowances must be paid to all employees on the building site. The second and subsequent allowance scales will, where applicable, commence to apply to all employees when one of the following components of the building—structural steel, reinforcing steel, boxing or walls—rises above the floor level first designated in each such allowance scale.
|
Storey |
$ per hour |
|
0–15 floors |
0.71 |
|
16–30 floors |
0.87 |
|
31–45 floors |
1.33 |
|
46–60 floors |
1.68 |
|
More than 60 floors |
2.15 |
floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments.
The allowance payable at the highest point of the building will continue until completion of the building.
All employees employed on a service core at more than 15 metres above the highest point of the main structure must be paid the multistorey rate appropriate for the main structure calculated from the highest point reached by the main structure to the highest point reached by the service core in any one day period.
Employees employed on a service core no higher than 15 metres above the main structure must be paid the applicable multistorey allowance in clause 18.4(a)(iii).
Any section of a service core exceeding 15 metres above the highest point of the main structure will be disregarded for the purpose of calculating the multistorey allowance applicable to the main structure.
[18.4(b)(i) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
(i) An employee working on a chimney stack, spire, tower radio or television mast or tower, air shaft (other than above ground in a multistorey building), lift shaft, service shaft, cooling tower or silo, where the construction exceeds 15 metres in height will be paid:
· for all work above 15 metres an allowance of $0.87 per hour; and
· for work above each further 15 metres an additional allowance of $0.87 per hour.
(ii) Any similarly constructed building or a building not covered by clause 18.4(a)(ii) which exceeds 15 metres in height may be covered by clause 18.4(b), or by clause 18.4(a) by agreement or where no agreement is reached, by determination of the Fair Work Commission.
[18.4(c) varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
An employee who has been trained to perform 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 allowance of $21.68 per week if the employee is appointed by the employer to perform first aid duty.
18.5 Special allowances—expense-related
[18.5(a)(i) varied by PR729468, PR740874, PR762298, PR774078 ppc 01Jul24]
· supplied with a meal by the employer; or
· paid $19.29 for the first meal and for each subsequent meal.
(ii) Clause 18.5(a)(i) does not apply where the employee lives in the same locality as their employment and can reasonably return home for meals.
(iii) Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate a second or subsequent meal, the employer must provide a second and/or subsequent meals or make payment instead as prescribed in clause 18.5(a)(i).
(iv) If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee must be paid for surplus meals which the employee has provided.
(b) Compensation for loss of tools
[18.5(b)(i) varied by PR762298 ppc 01Jul23]
(i) Subject to clause 18.5(b)(ii), an employer must compensate an employee to a maximum trade value of $383.67 to replace tools lost by breaking and entering whilst securely stored at the employer’s direction in a room or building on the employer’s premises, job, workshop or in a lock-up.
(ii) Clause 18.5(b)(i) will not apply if the employer has requested the employee to supply the employer with a list of tools required to be kept on the job and the employee has not supplied such a list.
(i) Location of workshop or depot—upon the commencement of employment, the employer must notify the employee of the location of the employee’s workshop or depot or the employer’s registered office and such location will be recorded in the employee’s wages record and/or service record. For the purposes of clause 18.6, the workshop or depot or employer’s registered office must be the one notified to the employee pursuant to clause 18.6. Provided that, subject to 14 days’ notice, an employer may notify and record a changed registered office, workshop or depot if there are genuine operational requirements to do so but not for the purpose of avoiding obligations under clause 18.6.
[18.6(a)(ii) varied by PR743415 ppc 11Jul22]
[18.6(b) varied by PR729468, PR740874, PR762298, PR774078 ppc 01Jul24]
An employer must pay an employee a motor vehicle allowance of $0.98 per kilometre as compensation for expenses where the employee, by agreement with their employer, uses their own motor vehicle in the following cases:
(ii) for the distance of the employee’s journey where the employee is recalled to work overtime after leaving their employer’s business; or
(iii) for the distance of the employee’s journey in travelling between their workshop or depot and a job or between jobs; or
(iv) for the distance of the employee’s journey in travelling to or from distant work.
[18.6(c) varied by PR729468, PR740874, PR762298 ppc 01Jul23]
All employees must be paid an allowance of $8.46 for each day on which they present themselves for work. The allowance must also be paid for rostered days off.
(d) Start and/or finish on job
When required by the employer to start and/or cease work on the job site, employees will be entitled to the following allowances as appropriate:
[18.6(d)(i) varied by PR729468, PR740874, PR762298 ppc 01Jul23]
(i) where the job site is situated up to 50 kilometres from the employer’s registered office or depot(s) an amount of $27.52 per day. Payment of this amount is instead of the provisions of clause 18.6(b)(i);
(ii) where the job site is situated more than 50 kilometres from the employer’s registered office or depot(s) the amount per day for the first 50 kilometres prescribed by clause 18.6(d)(i), plus a payment for travelling time for each occasion the distance in excess of 50 kilometres is travelled either to start work on the job site or after ceasing work on the job site, with a minimum payment of a quarter of an hour at the ordinary rate, plus payment for incidental expenses actually incurred other than private motor vehicle expenses in circumstances where a motor vehicle allowance is paid pursuant to clause 18.6(b)(i);
[18.6(d)(iii) varied by PR729468, PR740874, PR762298 ppc 01Jul23]
(iii) where the employer offers to provide transport free of charge, whether from the employee’s home or the employer’s registered office or depot(s) an amount of $4.94 per day instead of the amount in clause 18.6(d)(i); or
(iv) For the purpose of clause 18.6(d) an employer must not have more than one registered office or depot within a 50 kilometre radius.
(e) Start/finish at employer’s registered office
When the employee is required to start and finish work at the employer’s registered office or depot the allowances in clauses 18.6(b), 18.6(c) and 18.6(d) do not apply.
(f) Motor allowance for use of private vehicle for business purposes
[18.6(f) varied by PR729468, PR740874, PR762298, PR774078 ppc 01Jul24]
An employee who in the service of their employer uses their own vehicle at the request of their employer will be paid $0.98 per kilometre.
The allowances in clause 18.6 will not be taken into account when calculating overtime penalty rates, annual leave, personal/carer’s leave, long service leave or public holiday payments.
18.7 Living away on distant work
[18.7(a)(i) varied by PR729468, PR740874, PR762298 ppc 01Jul23]
(i) Living away allowance—on distant work the employer must provide reasonable board and lodging or pay a living away allowance of $701.21 per week but such allowance will not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance will be all living expenses, actually and reasonably incurred, but not exceeding the said amount.
(ii) Standard of board and lodging—reasonable board and lodging for the purpose of clause 18.7(a) will mean lodging in a well kept establishment with adequate furnishing, good bedding, good floor coverings, good lighting and heating in either a single room or a twin room (for one employee) if a single room is not available, with hot and cold running water.
[18.7(a)(iii) varied by PR729468, PR740874, PR762298, PR774078 ppc 01Jul24]
(iii) For all meals not included in the cost of fares or accommodation arranged by the employer an allowance of $19.29 per meal will be paid to the employee.
(i) Except as provided in clause 18.7(b)(ii) an employee on distant work will, where practicable, be allowed to return home for the weekend at least once a month. Where the employee so returns home, all reasonable travelling expenses incurred will be reimbursed by the employer provided that the employee presents for work at the site at the normal starting time on the next working day.
(ii) The travelling expenses in clause 18.7(b)(i) will not be payable to an employee receiving the living away allowance in clause 18.7(a).
[Varied by PR771292]
19.1 Superannuation legislation
[19.1 substituted by PR771226 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 PR771292 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) New South Wales Electrical Superannuation Scheme (NESS);
(b) Energy Super;
(c) Construction and Building Industry Super (Cbus);
(d) Energy Industries Superannuation Scheme (EISS);
(e) any superannuation fund which is an eligible choice fund that applies to employees in the principal business of the employer, where the employee covered by this award is in the minority of award-covered employees and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Part 5 renamed by PR723896 ppc 20Nov20]
20. Overtime and penalty rates
[20 renamed by PR723896 ppc 20Nov20; varied by PR729280, PR735789, PR740702, PR747561, PR762134, PR763221, PR773910]
20.1 Payment for working overtime
[20.1(a) substituted by PR723896; varied by PR735789 ppc 23Nov21]
(a) For all work done outside ordinary hours by a full-time or part-time employee, except on Sundays and public holidays, the rates of pay will be 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours.
[New 20.1(b) inserted by PR723896 ppc 20Nov20; varied by PR735789 ppc 23Nov21]
(b) For all work done outside ordinary hours by a casual employee, except on Sundays and public holidays, the rates of pay will be 187.5% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate after 2 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.1(a).
[20.1(b) renumbered as 20.1(c) by PR723896 ppc 20Nov20]
(c) Except as provided in clause 14.4, in calculating overtime each day’s work will stand alone.
(a) Subject to section 62 of the Act and clause 20.2, an employer may require an employee to work reasonable overtime hours at overtime rates.
(b) An employee may refuse to work overtime hours if they are unreasonable.
(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 20.2 the following must be taken into account:
(i) any risk to employee health and safety from working the additional hours;
(ii) the employee’s personal circumstances, including family responsibilities;
(iii) the needs of the workplace or enterprise in which the employee is employed;
(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(v) any notice given by the employer of any request or requirement to work the additional hours;
(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(viii) the nature of the employee’s role, and the employee’s level of responsibility;
(ix) whether the additional hours are in accordance with averaging terms of clause 24 in this award inserted pursuant to section 63 of the Act, that applies to the employee; and
(x) any other relevant matter.
[Paragraph in 20.3 renumbered as 20.3(a) by PR747561 ppc 14Nov22]
[20.3(b) inserted by PR747561 ppc 14Nov22]
(b) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 20.3(a).
20.4 Sunday and public holiday work
(a) Payment for Sunday work
[20.4(a) substituted by PR723896 ppc 20Nov20]
Work done on Sundays must be paid at the following rates:
(i) for a full-time or part-time employee—200% of the ordinary hourly rate;
(ii) for a casual employee—250% of the ordinary hourly rate.
(b) Payment for public holiday work
[20.4(b) substituted by PR723896 ppc 20Nov20]
Work done on a public holiday must be paid at the following rates:
(i) for a full-time or part-time employee—250% of the ordinary hourly rate;
(ii) for a casual employee—312.5% of the ordinary hourly rate.
NOTE: The penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the penalty rates for full-time and part-time employees prescribed by clauses 20.4(a)(i) and 20.4(b)(i).
20.5 Call-back
(a) Subject to clause 20.5(b), an employee recalled to work overtime after leaving the employer’s business premises or the jobs at which the employee is engaged (whether notified before or after leaving) must be paid for a minimum of 4 hours’ work at the appropriate rate for each time the employee is so recalled.
(b) Clause 20.5(a) will not apply where it is customary for an employee to return to work to perform a specific job outside normal working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
[20.6 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
Where an employee is on availability duty, the employee must be paid an availability for duty allowance of $90.84 per week and if required to work must be paid at the appropriate rate for actual time worked.
(a) Availability duty means that the employee concerned must be available to the employer by means of telephone at any time the employee is receiving the availability for duty allowance.
(b) Actual time worked means the time taken from leaving the employee’s home to return thereto and in the case of a single call out, the employee must be paid for a minimum of 2 hours at the appropriate rate.
20.7 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 20.7(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.7 is set out at Schedule H—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule H—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.7 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 20.7 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 20.7 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 20.7(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 20.7 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 20.7 will apply, including the requirement for separate written agreements under clause 20.7(b) for overtime that has been worked.
[Note varied by PR763221 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 20.7 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 20.7.
Part 6—Leave and Public Holidays
[Varied by PR751049]
21.1 Leave entitlement
(a) Annual leave is provided for in the NES.
(b) For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.
(a) The NES prescribes the basis for payment for annual leave, including payment for untaken leave upon the termination of employment.
(b) Instead of the base rate of pay specified in the NES, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period, exclusive of payments in respect of overtime, shift loading, weekend penalty rates, special rates, travel and fares or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
21.3 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 21, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
In addition to the payment provided for in clause 21.2, an employer is required to pay an additional leave loading as follows:
(a) Day work
When an employee takes a period of paid annual leave, the employee will be paid an annual leave loading of 17.5% of the payment under clause 21.2.
Where the employee would have received shift loadings had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than a loading of 17.5% of the payment under clause 21.2, then the shift loadings must be added to the rate of wage prescribed by clause 21.2 instead of the 17.5% loading.
(c) Annual leave loading on termination
The leave loading prescribed will also apply to proportionate leave on termination but will not apply where an employee is dismissed by the employer for reasons of malingering, inefficiency, neglect of duty, misconduct or refusing duty.
21.5 Direction to take annual leave during shutdown
[21.5 renamed and substituted by PR751049 ppc 01May23]
(a) Clause 21.5 applies if an employer:
(i) intends to shut down all of its operation in conjunction with the Christmas/New Year period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 21.5(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 21.5(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 21.5(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 21.5(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 21.10.
(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 21.10, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 21.6 to 21.8 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 21.5.
21.6 Excessive leave accruals: general provision
NOTE: Clauses 21.6 to 21.8 contain provisions, additional to the National Employment Standards, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 21.1(b)).
(c) Clause 21.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 21.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
21.7 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 21.6(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 21.7(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 21.6, 21.7 or 21.8 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 21.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 21.7(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 21.7(d) may result in the direction ceasing to have effect. See clause 21.7(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.
21.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.6(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 21.8(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 21.7(a) that, when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 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 21.8(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 21.6, 21.7 or 21.8 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 21.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 21.1(b)) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 21.8(a).
21.9 Taking of annual leave over an extended period
An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. For example, it may be agreed the leave period is doubled and taken on half pay.
(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 21.10 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 21.10 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 21.10, 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.
21.11 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.11.
(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 21.11 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 21.11 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 21.11 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 21.11.
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 21.11.
NOTE 3: An example of the type of agreement required by clause 21.11 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.
22. Personal/carer’s leave and compassionate leave
22.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
23. Parental leave and related entitlements
[23 varied by PR763221 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 29—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided in the NES.
25. Family and domestic violence leave
[25—Unpaid family and domestic violence leave renamed and substituted by PR750465 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 PR747561]
26.1 National Employment Standards
Employees are entitled to public holidays in accordance with Division 10 of the NES, except that the rate of pay for public holidays will be the ordinary hourly rate.
26.2 Substitution of public holidays
(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.
[26.3 deleted by PR747561 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774730 from 01Jul24]
26A. Workplace delegates’ rights
[26A inserted by PR774730 from 01Jul24]
26A.1 Clause 26A 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 26A.
26A.2 In clause 26A:
(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.
26A.3 Before exercising entitlements under clause 26A, 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.
26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
26A.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.
26A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.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.
26A.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 26A.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.
26A.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.
26A.9 Exercise of entitlements under clause 26A
(a) A workplace delegate’s entitlements under clause 26A 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 26A 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 26A 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 26A.
27. Consultation about major workplace change
27.1 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.
27.2 For the purposes of the discussion under clause 27.1(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.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 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 27.1(b).
27.5 In clause 27 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.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
28.1 Clause 28 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.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 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 PR763221, PR777252, PR777987]
29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, 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.
29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.
29.5 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.
29.6 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.
29.7 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 29.
29.8 While procedures are being followed under clause 29 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.
29.9 Clause 29.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763221; deleted by PR777987 from 26Aug24]
[Note inserted by PR777987 from 26Aug24; varied by PR777252 from 27Aug24]
NOTE: In addition to clause 29, 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.
30.1 Notice of termination by an employee
(a) Clause 30.1 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 30.1(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 30.1(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 30.1(b), then no deduction can be made under clause 30.1(d).
(f) Any deduction made under clause 30.1(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 30.2 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. Clause 31.6 supplements the NES by providing a redundancy pay scheme.
31.1 The rate for the purposes of redundancy entitlement under clause 31 will be the all-purpose weekly rate of pay.
31.2 An employee will be entitled to a pro-rata payment for any period of continuous service which is less than a full year at any of the year levels referred to.
31.3 Transfer to lower paid duties on redundancy
(a) Clause 31.3 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 31.3(c).
(c) If the employer acts as mentioned in clause 31.3(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.
31.4 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 31 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.
31.5 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 31.5(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 31.5(b).
(d) An employee who fails to produce proof when required under clause 31.5(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 30.2.
(a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under the NES, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer’s redundancy pay obligation under the NES, subject to the following conditions.
(b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer’s contribution to the fund against its redundancy pay obligation under the NES. If the proportion so calculated is equal to or greater than the employer’s redundancy pay obligation under the NES the obligation will be fully satisfied.
(c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under the NES and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer’s redundancy pay obligation under the NES the obligation will be fully satisfied.
(d) The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986.
Schedule A—Classification Definitions
A.1 Classification/reclassification
A.1.1 In order to assist in the classification or reclassification of employees, the following will apply:
(a) where the employee has the relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified; and
(b) the employee is exercising or will be required to exercise the skills and knowledge gained from the qualification necessary for that level of work;
(c) the employee must be classified appropriately.
A.2 Classification definitions
A.2.1 Electrical worker grade 1
An Electrical worker grade 1 is a labourer not otherwise provided for in this award, who is doing labouring work and employed as such.
A.2.2 Electrical worker grade 2
(a) An Electrical worker grade 2 is an employee who is engaged in assisting a tradesperson, provided that such assistance must not include the work of a tradesperson.
(b) Without limiting the scope of the work, an employee may perform the following tasks to the level of the employee’s training:
· unskilled tasks as directed;
· cut to specified lengths—ducting, unistrut, conduit and other cable and support systems;
· paint cable trays, ducts and conduits;
· chase walls as marked by a tradesperson;
· is an employee who is engaged in the clearance of vegetation in the vicinity of overhead power distribution lines.
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Trades assistant;
· Lines assistant;
· Cable jointers mate/assistant; and
· Line clearance operator.
A.2.3 Electrical worker grade 3
(a) An Electrical worker grade 3 is an employee who works under direction and may be required to perform the work of an Electrical worker grade 2; and
(b) Without limiting the scope of the work, the employee may perform the work described below to the level of the employee’s training:
(i) is engaged in storework; or
(ii) is qualified and required to drive or operate the employer’s vehicles, machinery, plant or equipment incidental to the employee’s primary task or functions; or
(iii) inspects and tests fire alarm or security alarm equipment; or
(iv) under the supervision of a tradesperson or electronics serviceperson:
· installs radio, communications and related equipment including antenna; or
· installs fire alarm or security alarm equipment; or
· installs data and communication cabling.
(c) Provided that this person must not undertake tasks requiring the skills of a tradesperson.
A.2.4 Electrical worker grade 4
(a) An Electrical worker grade 4 is an employee who:
(i) has worked for not less than one year in the industry or holds the equivalent experience and without limiting the scope of the work and to the level of the employee’s training is an employee who is accredited to perform:
· scaffolding or rigging; or
· is directly in charge of an electrical store and responsible for materials, ordering and purchasing; or
(ii) has worked for not less than one year as an Electrical worker grade 3 or has the equivalent experience in the installation of electronics equipment and who, under the minimum supervision of a tradesperson or electronics serviceperson:
· installs radio, communications and related equipment including antenna; or
· installs fire alarm or security alarm equipment; or
· installs, terminates and tests data and communication cabling; or
· inspects and tests fire alarms or security alarm equipment involving a range of responsibility beyond that of an Electrical worker grade 3 and works without assistance and supervision; or
· holds a restricted electrical registration (SA only).
(b) Provided that this person must not undertake tasks requiring the skills of a tradesperson.
(c) Included in this grade is the work of Purchasing clerk/storeperson and Electronic equipment installer level 2.
(d) Definitions applying to this grade of worker prior to 5 October 1990:
· Alarm/security tester grade 2;
· Restricted B class licensed electrical worker; and
· Purchasing clerk/storeperson.
A.2.5 Electrical worker grade 5
(a) An Electrical worker grade 5 is employed to use the skills acquired through the training specified below and is an employee who:
(i) holds a trade certificate or tradesperson’s rights certificate, in an electrical trade; or
(ii) holds an AQF Certificate Level 3 in Electrotechnology in one of the following:
· systems electrician; or
· assembly and servicing; or
(iii) has successfully completed an appropriate trade course or who has otherwise reached an equivalent standard of skills and knowledge in communications/electronics; or
(iv) holds an AQF Certificate Level 3 in Electrotechnology in one of the following:
· building services;
· communications;
· computer systems;
· data communications;
· entertainment and servicing;
· scanning; or
(v) has successfully completed an appropriate instrumentation trade course; or an AQF Certificate Level 3 in Electrotechnology Instrumentation; or
(vi) holds an appropriate electrical/refrigeration/air-conditioning trade certificate; or an AQF Certificate Level 3 in Electrotechnology Refrigeration and Air-conditioning; or
(vii) has successfully completed an appropriate trade course in linework or cable jointing, or an AQF Certificate Level 3 in Transmission Powerline or ESI Distribution Powerline; or has otherwise reached an equivalent standard of skills and knowledge.
(b) Included in this grade is the work of:
· Electrical tradesperson level 1;
· Electronic/communications serviceperson level 1;
· Instrument tradesperson level 1;
· Refrigeration/air-conditioning tradesperson level 1;
· Linesperson/cable jointer level 1; and
· Electrical tradesperson powerline level 1 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Cable jointer;
· Electrical mechanic;
· Electrical fitter;
· Linesman tradesperson;
· Alarm security tester grade 3;
· Alarm security technician grade 1;
· Electronic serviceperson grade 1;
· Television/radio/electronic serviceperson grade 1;
· Appliance serviceperson; and
· Refrigeration mechanic or serviceperson class 1.
A.2.6 Electrical worker grade 6
(a) An Electrical worker grade 6 is an Electrical worker grade 5 who in addition has:
(ii) equivalent structured in-house training relevant to the employer’s business or enterprise as agreed between the parties to the award; and
(iii) acquired an equivalent standard of skills as defined in A.2.6(a)(i) through other means including a minimum of one year’s experience as an Electrical worker grade 5; or
(iv) is employed to use the skills acquired through the training or experience specified.
(b) Included in this grade is the work of:
· Electrical tradesperson level 2;
· Electronic/communications serviceperson level 2;
· Instrument tradesperson level 2;
· Refrigeration/air-conditioning tradesperson level 2;
· Linesperson/cable jointer level 2; and
· Electrical tradesperson powerline level 2 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Alarm/security technician grade 2;
· Electronic serviceperson grade 2;
· Television/radio/electronic serviceperson grade 2;
· Instrument tradesperson; and
· Refrigeration mechanic or serviceperson class 2.
A.2.7 Electrical worker grade 7
(a) An Electrical worker grade 7 is an Electrical worker grade 5 who:
(i) has successfully completed a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or AQF Diploma in Electrotechnology; or their equivalent; or
(ii) has successfully completed an AQF Certificate Level IV in Electrotechnology, or
(iii) has acquired the same standard of skills through other means including a minimum of 2 years’ experience in the industry; and
(iv) is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
· Electrician special class;
· Electronic/communications serviceperson special class;
· Instrument tradesperson special class refrigeration/air-conditioning tradesperson special class;
· Linesperson/cable jointer special class; and
· Electrical tradesperson powerline special class (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Electrician special class;
· Alarm/security technician grade 3;
· Electronic serviceperson grade 3;
· Television/radio/electronic serviceperson grade 3; and
· Refrigeration mechanic or serviceperson class 3.
A.2.8 Electrical worker grade 8
(a) An Electrical worker grade 8 is an Electrical worker grade 5 who has successfully completed:
(i) a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or an AQF Diploma in Electrotechnology or their equivalent; or
(ii) an AQF Certificate Level IV in Electrotechnology; and
(iii) in addition, has had not less than 2 years’ experience as an Electrical worker grade 7 and is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
· Advanced electrical tradesperson level 1;
· Advanced electronic/communications serviceperson level 1;
· Advanced instrument tradesperson level 1; and
· Advanced electrical tradesperson powerline level 1 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Electronic tradesperson grade 1.
A.2.9 Electrical worker grade 9
(a) An Electrical worker grade 9 is an Electrical worker grade 5 who has successfully completed:
(i) an appropriate Advanced Certificate; or
(ii) an AQF Diploma in Electrotechnology; or
(iii) their formal equivalent; and
(iv) is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
· Advanced electrical tradesperson level 2;
· Advanced electronic/communications serviceperson level 2;
· Advanced instrument tradesperson level 2;
· Advanced refrigeration/air-conditioning tradesperson level 2; and
· Advanced electrical tradesperson powerline level 2 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Electronic tradesperson grade 2;
· Alarm/security technician grade 4;
· Electronic serviceperson grade 4; and
· Television/radio/electronic serviceperson grade 4.
A.2.10 Electrical worker grade 10
(a) An Electrical worker grade 10 is an Electrical worker grade 5 who has successfully completed:
(i) an appropriate Associate Diploma; or
(ii) an AQF Advanced Diploma, or:
(iii) their formal equivalent; and
(iv) is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
· Advanced electrical tradesperson level 3;
· Advanced electronic serviceperson level 3;
· Advanced instrument tradesperson level 3;
· Advanced refrigeration/air conditioning tradesperson level 3; and
· Advanced electrical tradesperson powerline level 3 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
· Electronic serviceperson grade 3.
A.3 Australian Qualifications Framework (AQF) qualifications
A.3.1 Where this award refers to AQF qualifications in:
(a) Electrotechnology; or
(b) Electricity Supply Industry Transmission and Distribution;
the National Electrotechnology Training Packages or the Training Packages for the Electricity Supply Industry—Transmission and Distribution and the preferred training models to achieve those qualifications will be those determined from time to time by the National Utilities and Electrotechnology Industry Training Advisory Body and endorsed by the National Training Framework Committee.
A.3.2 The Australian Qualifications Framework (AQF) provides a comprehensive, nationally consistent yet flexible framework for all qualifications in Australia. A qualification is defined as “formal certification, issued by a relevant approved body, in recognition that a person has achieved learning outcomes or competencies relevant to identified individual, professional, industry or community needs”.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR729280, PR735789, PR740702, PR762134, PR773910]
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate for the purposes of Schedule B includes the industry allowance (clause 18.3(a)) and tool allowance as applicable (clause 18.3(g)) which are payable for all purposes.
B.1.2 Where additional allowances are payable for all purposes in accordance with clause 18.3, these form part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
B.2 Full-time and part-time employees
B.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
[B.2.1 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of ordinary hourly rate1 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Electrical worker grade 1 |
24.79 |
61.98 |
|
Electrical worker grade 2 |
25.60 |
64.00 |
|
Electrical worker grade 3 |
26.42 |
66.05 |
|
Electrical worker grade 4 |
27.23 |
68.08 |
|
Electrical worker grade 5 |
28.76 |
71.90 |
|
Electrical worker grade 6 |
29.61 |
74.03 |
|
Electrical worker grade 7 |
31.23 |
78.08 |
|
Electrical worker grade 8 |
32.74 |
81.85 |
|
Electrical worker grade 9 |
33.38 |
83.45 |
|
Electrical worker grade 10 |
35.94 |
89.85 |
1 Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.2.2 Full-time and part-time employees other than shiftworkers—overtime rates
[B.2.2 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
Monday to Saturday1 |
Sunday1 |
Public holiday1 |
||
|
|
First 2 hours |
After 2 hours |
||
|
|
% of ordinary hourly rate2 |
|||
|
150% |
200% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
|
Electrical worker grade 1 |
37.19 |
49.58 |
49.58 |
61.98 |
|
Electrical worker grade 2 |
38.40 |
51.20 |
51.20 |
64.00 |
|
Electrical worker grade 3 |
39.63 |
52.84 |
52.84 |
66.05 |
|
Electrical worker grade 4 |
40.85 |
54.46 |
54.46 |
68.08 |
|
Electrical worker grade 5 |
43.14 |
57.52 |
57.52 |
71.90 |
|
Electrical worker grade 6 |
44.42 |
59.22 |
59.22 |
74.03 |
|
Electrical worker grade 7 |
46.85 |
62.46 |
62.46 |
78.08 |
|
Electrical worker grade 8 |
49.11 |
65.48 |
65.48 |
81.85 |
|
Electrical worker grade 9 |
50.07 |
66.76 |
66.76 |
83.45 |
|
Electrical worker grade 10 |
53.91 |
71.88 |
71.88 |
89.85 |
1 Minimum payment required for overtime on Saturday, Sunday and public holidays (see clause 20.3).
2 Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.2.3 Full-time and part-time shiftworkers—ordinary and penalty rates
[B.2.3 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
After-noon or night1 |
Non-successive afternoon or night2 |
Perma-nent night3 |
Satur-day |
Sunday5 |
Public holiday |
||
|
|
|
First 2 hours |
After 2 hours |
|
|
|
Continuous shiftwork |
Other than continuous shiftwork |
|
|
% of ordinary hourly rate4 |
|||||||
|
|
115% |
150% |
200% |
130% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Electrical worker grade 1 |
28.51 |
37.19 |
49.58 |
32.23 |
37.19 |
49.58 |
49.58 |
61.98 |
|
Electrical worker grade 2 |
29.44 |
38.40 |
51.20 |
33.28 |
38.40 |
51.20 |
51.20 |
64.00 |
|
Electrical worker grade 3 |
30.38 |
39.63 |
52.84 |
34.35 |
39.63 |
52.84 |
52.84 |
66.05 |
|
Electrical worker grade 4 |
31.31 |
40.85 |
54.46 |
35.40 |
40.85 |
54.46 |
54.46 |
68.08 |
|
Electrical worker grade 5 |
33.07 |
43.14 |
57.52 |
37.39 |
43.14 |
57.52 |
57.52 |
71.90 |
|
Electrical worker grade 6 |
34.05 |
44.42 |
59.22 |
38.49 |
44.42 |
59.22 |
59.22 |
74.03 |
|
Electrical worker grade 7 |
35.91 |
46.85 |
62.46 |
40.60 |
46.85 |
62.46 |
62.46 |
78.08 |
|
Electrical worker grade 8 |
37.65 |
49.11 |
65.48 |
42.56 |
49.11 |
65.48 |
65.48 |
81.85 |
|
Electrical worker grade 9 |
38.39 |
50.07 |
66.76 |
43.39 |
50.07 |
66.76 |
66.76 |
83.45 |
|
Electrical worker grade 10 |
41.33 |
53.91 |
71.88 |
46.72 |
53.91 |
71.88 |
71.88 |
89.85 |
1 Afternoon shift and night shift are defined in clause 2—Definitions.
2 Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).
3 Permanent night shift is defined in clause 13.13(c).
4 Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
5 This is the rate at which shiftworkers on other than continuous work are to be paid for all time worked on a Sunday (see clause 13.15(b)(i)).
B.2.4 Full-time and part-time shiftworkers—overtime rates
[B.2.4 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Sunday |
Public holiday |
|||
|
|
Continuous shiftwork |
Other than continuous shiftwork |
Continuous shiftwork |
Other than continuous shiftwork |
|
|
|
|
First 2 hours |
After 2 hours |
|
|
|
|
% of ordinary hourly rate1 |
||||
|
|
200% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Electrical worker grade 1 |
49.58 |
37.19 |
49.58 |
49.58 |
61.98 |
|
Electrical worker grade 2 |
51.20 |
38.40 |
51.20 |
51.20 |
64.00 |
|
Electrical worker grade 3 |
52.84 |
39.63 |
52.84 |
52.84 |
66.05 |
|
Electrical worker grade 4 |
54.46 |
40.85 |
54.46 |
54.46 |
68.08 |
|
Electrical worker grade 5 |
57.52 |
43.14 |
57.52 |
57.52 |
71.90 |
|
Electrical worker grade 6 |
59.22 |
44.42 |
59.22 |
59.22 |
74.03 |
|
Electrical worker grade 7 |
62.46 |
46.85 |
62.46 |
62.46 |
78.08 |
|
Electrical worker grade 8 |
65.48 |
49.11 |
65.48 |
65.48 |
81.85 |
|
Electrical worker grade 9 |
66.76 |
50.07 |
66.76 |
66.76 |
83.45 |
|
Electrical worker grade 10 |
71.88 |
53.91 |
71.88 |
71.88 |
89.85 |
1 Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.3 Casual employees
B.3.1 Casual employees other than shiftworkers—ordinary and penalty rates
[B.3.1 varied by PR729280, PR735789, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Day |
Public holiday |
|
|
% of ordinary hourly rate1 |
|
|
|
125% |
312.5% |
|
|
$ |
$ |
|
Electrical worker grade 1 |
30.99 |
77.47 |
|
Electrical worker grade 2 |
32.00 |
80.00 |
|
Electrical worker grade 3 |
33.03 |
82.56 |
|
Electrical worker grade 4 |
34.04 |
85.09 |
|
Electrical worker grade 5 |
35.95 |
89.88 |
|
Electrical worker grade 6 |
37.01 |
92.53 |
|
Electrical worker grade 7 |
39.04 |
97.59 |
|
Electrical worker grade 8 |
40.93 |
102.31 |
|
Electrical worker grade 9 |
41.73 |
104.31 |
|
Electrical worker grade 10 |
44.93 |
112.31 |
1 Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.3.2 Casual shiftworkers—ordinary and penalty rates
[B.3.2 varied by PR729280, PR735789, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
After-noon or night1 |
Non-successive afternoon or night2 |
Perma-nent night3 |
Satur-day |
Sunday |
Public holiday |
||
|
First 2 hours |
After 2 hours |
Contin-uous shift-worker |
Non-contin-uous shift-worker |
|||||
|
|
% of ordinary hourly rate4 |
|||||||
|
|
140% |
187.5% |
250% |
155% |
187.5% |
250% |
250% |
312.5% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Electrical worker grade 1 |
34.71 |
46.48 |
61.98 |
38.42 |
46.48 |
61.98 |
61.98 |
77.47 |
|
Electrical worker grade 2 |
35.84 |
48.00 |
64.00 |
39.68 |
48.00 |
64.00 |
64.00 |
80.00 |
|
Electrical worker grade 3 |
36.99 |
49.54 |
66.05 |
40.95 |
49.54 |
66.05 |
66.05 |
82.56 |
|
Electrical worker grade 4 |
38.12 |
51.06 |
68.08 |
42.21 |
51.06 |
68.08 |
68.08 |
85.09 |
|
Electrical worker grade 5 |
40.26 |
53.93 |
71.90 |
44.58 |
53.93 |
71.90 |
71.90 |
89.88 |
|
Electrical worker grade 6 |
41.45 |
55.52 |
74.03 |
45.90 |
55.52 |
74.03 |
74.03 |
92.53 |
|
Electrical worker grade 7 |
43.72 |
58.56 |
78.08 |
48.41 |
58.56 |
78.08 |
78.08 |
97.59 |
|
Electrical worker grade 8 |
45.84 |
61.39 |
81.85 |
50.75 |
61.39 |
81.85 |
81.85 |
102.31 |
|
Electrical worker grade 9 |
46.73 |
62.59 |
83.45 |
51.74 |
62.59 |
83.45 |
83.45 |
104.31 |
|
Electrical worker grade 10 |
50.32 |
67.39 |
89.85 |
55.71 |
67.39 |
89.85 |
89.85 |
112.31 |
1 Afternoon shift and night shift are defined in clause 2—Definitions.
2 Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).
3 Permanent night shift is defined in clause 13.13(c).
4 Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
The apprentice hourly rate is based on a percentage of the Electrical worker grade 5 adult rate in accordance with clause 16.4.
The apprentice hourly rate for adult apprentices commencing on or after 1 January 2014 is calculated in accordance with clause 16.4(b)(vii).
The apprentice hourly rate for adult apprentices commencing before 1 January 2014 is calculated in accordance with clause 16.4(b)(iv).
The apprentice hourly rate for junior apprentices is calculated in accordance with clause 16.4(a)(iv).
B.4.1 Adult apprentices—other than shiftworkers—ordinary and penalty rates
[B.4.1 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of apprentice hourly rate1 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Commencing before 1 January 2014 |
|
|
|
1st year |
12.25 |
30.63 |
|
2nd year |
15.74 |
39.35 |
|
3rd year |
20.99 |
52.48 |
|
4th year |
24.49 |
61.23 |
|
Commencing on or after 1 January 2014 |
|
|
|
1st year |
23.91 |
59.78 |
|
2nd year |
26.10 |
65.25 |
|
3rd year |
26.10 |
65.25 |
|
4th year |
26.10 |
65.25 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.2 Adult apprentices—other than shiftworkers—overtime rates
[B.4.2 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of apprentice hourly rate1 |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Commencing before 1 January 2014 |
|
|
|
|
|
1st year |
18.38 |
24.50 |
24.50 |
30.63 |
|
2nd year |
23.61 |
31.48 |
31.48 |
39.35 |
|
3rd year |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
36.74 |
48.98 |
48.98 |
61.23 |
|
Commencing on or after 1 January 2014 |
|
|
|
|
|
1st year |
35.87 |
47.82 |
47.82 |
59.78 |
|
2nd year |
39.15 |
52.20 |
52.20 |
65.25 |
|
3rd year |
39.15 |
52.20 |
52.20 |
65.25 |
|
4th year |
39.15 |
52.20 |
52.20 |
65.25 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.3 Adult apprentices—shiftworkers—ordinary and penalty rates
[B.4.3 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Afternoon or night1 |
Non-successive afternoon or night2 |
Permanent night3 |
Saturday |
Sunday |
Public holiday |
||
|
|
|
First 2 hours |
After 2 hours |
|
|
|
Continu-ous shiftwork |
Other than continuous shift-work |
|
|
% of apprentice hourly rate4 |
|||||||
|
|
115% |
150% |
200% |
130% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Commencing before 1 January 2014 |
|
|
|
|
|
|
|
|
|
1st year |
14.09 |
18.38 |
24.50 |
15.93 |
18.38 |
24.50 |
24.50 |
30.63 |
|
2nd year |
18.10 |
23.61 |
31.48 |
20.46 |
23.61 |
31.48 |
31.48 |
39.35 |
|
3rd year |
24.14 |
31.49 |
41.98 |
27.29 |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
28.16 |
36.74 |
48.98 |
31.84 |
36.74 |
48.98 |
48.98 |
61.23 |
|
Commencing on or after 1 January 2014 |
|
|
|
|
|
|
|
|
|
1st year |
27.50 |
35.87 |
47.82 |
31.08 |
35.87 |
47.82 |
47.82 |
59.78 |
|
2nd year |
30.02 |
39.15 |
52.20 |
33.93 |
39.15 |
52.20 |
52.20 |
65.25 |
|
3rd year |
30.02 |
39.15 |
52.20 |
33.93 |
39.15 |
52.20 |
52.20 |
65.25 |
|
4th year |
30.02 |
39.15 |
52.20 |
33.93 |
39.15 |
52.20 |
52.20 |
65.25 |
1 Afternoon shift and night shift are defined in clause 2—Definitions.
2 Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).
3 Permanent night shift is defined in clause 13.13(c).
4 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.4 Adult apprentices—shiftworkers—overtime rates
[B.4.4 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Sunday |
||
|
|
Continuous shiftwork |
Other than continuous shiftwork |
|
|
|
|
First 2 hours |
After 2 hours |
|
|
% of apprentice hourly rate1 |
||
|
|
200% |
150% |
200% |
|
|
$ |
$ |
$ |
|
Commencing before 1 January 2014 |
|
|
|
|
1st year |
24.50 |
18.38 |
24.50 |
|
2nd year |
31.48 |
23.61 |
31.48 |
|
3rd year |
41.98 |
31.49 |
41.98 |
|
4th year |
48.98 |
36.74 |
48.98 |
|
Commencing on or after 1 January 2014 |
|
|
|
|
1st year |
47.82 |
35.87 |
47.82 |
|
2nd year |
52.20 |
39.15 |
52.20 |
|
3rd year |
52.20 |
39.15 |
52.20 |
|
4th year |
52.20 |
39.15 |
52.20 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
[B.4.5 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of apprentice hourly rate1 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Have not completed year 12 |
|
|
|
1st year |
15.16 |
37.90 |
|
2nd year |
18.08 |
45.20 |
|
3rd year |
20.99 |
52.48 |
|
4th year |
24.49 |
61.23 |
|
Have completed year 12 |
|
|
|
1st year |
16.62 |
41.55 |
|
2nd year |
19.53 |
48.83 |
|
3rd year |
20.99 |
52.48 |
|
4th year |
24.49 |
61.23 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.6 Junior apprentices—other than shiftworkers—commencing on or after 1 January 2014—overtime rates
[B.4.6 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of apprentice hourly rate1 |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Have not completed year 12 |
|
|
|
|
|
1st year |
22.74 |
30.32 |
30.32 |
37.90 |
|
2nd year |
27.12 |
36.16 |
36.16 |
45.20 |
|
3rd year |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
36.74 |
48.98 |
48.98 |
61.23 |
|
Have completed year 12 |
|
|
|
|
|
1st year |
24.93 |
33.24 |
33.24 |
41.55 |
|
2nd year |
29.30 |
39.06 |
39.06 |
48.83 |
|
3rd year |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
36.74 |
48.98 |
48.98 |
61.23 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.7 Junior apprentices—shiftworkers—commencing on or after 1 January 2014—ordinary and penalty rates
[B.4.7 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24
|
|
Afternoon or night1 |
Non-successive afternoon or night2 |
Permanent night3 |
Saturday |
Sunday |
Public holiday |
||
|
|
|
First 2 hours |
After 2 hours |
|
|
|
Continuous shiftwork |
Other than continuous shiftwork |
|
|
% of apprentice hourly rate4 |
|||||||
|
|
115% |
150% |
200% |
130% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Have not completed year 12 |
|
|
|
|
|
|
|
|
|
1st year |
17.43 |
22.74 |
30.32 |
19.71 |
22.74 |
30.32 |
30.32 |
37.90 |
|
2nd year |
20.79 |
27.12 |
36.16 |
23.50 |
27.12 |
36.16 |
36.16 |
45.20 |
|
3rd year |
24.14 |
31.49 |
41.98 |
27.29 |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
28.16 |
36.74 |
48.98 |
31.84 |
36.74 |
48.98 |
48.98 |
61.23 |
|
Have completed year 12 |
|
|
|
|
|
|
|
|
|
1st year |
19.11 |
24.93 |
33.24 |
21.61 |
24.93 |
33.24 |
33.24 |
41.55 |
|
2nd year |
22.46 |
29.30 |
39.06 |
25.39 |
29.30 |
39.06 |
39.06 |
48.83 |
|
3rd year |
24.14 |
31.49 |
41.98 |
27.29 |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
28.16 |
36.74 |
48.98 |
31.84 |
36.74 |
48.98 |
48.98 |
61.23 |
1 Afternoon shift and night shift are defined in clause 2—Definitions.
2 Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).
3 Permanent night shift is defined in clause 13.13(c).
4 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.8 Junior apprentices—shiftworkers—commencing on or after 1 January 2014—overtime rates
[B.4.8 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Sunday |
||
|
|
Continuous shiftwork |
Other than continuous shiftwork |
|
|
|
|
First 2 hours |
After 2 hours |
|
|
% of apprentice hourly rate1 |
||
|
|
200% |
150% |
200% |
|
|
$ |
$ |
$ |
|
Have not completed year 12 |
|
|
|
|
1st year |
30.32 |
22.74 |
30.32 |
|
2nd year |
36.16 |
27.12 |
36.16 |
|
3rd year |
41.98 |
31.49 |
41.98 |
|
4th year |
48.98 |
36.74 |
48.98 |
|
Have completed year 12 |
|
|
|
|
1st year |
33.24 |
24.93 |
33.24 |
|
2nd year |
39.06 |
29.30 |
39.06 |
|
3rd year |
41.98 |
31.49 |
41.98 |
|
4th year |
48.98 |
36.74 |
48.98 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
[B.4.9 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of apprentice hourly rate1 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
1st year |
12.25 |
30.63 |
|
2nd year |
15.74 |
39.35 |
|
3rd year |
20.99 |
52.48 |
|
4th year |
24.49 |
61.23 |
1.Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.10 Junior apprentices—other than shiftworkers—commencing before 1 January 2014—overtime rates
[B.4.10 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||
|
|
% of apprentice hourly rate1 |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
1st year |
18.38 |
24.50 |
24.50 |
30.63 |
|
2nd year |
23.61 |
31.48 |
31.48 |
39.35 |
|
3rd year |
31.49 |
41.98 |
41.98 |
52.48 |
|
4th year |
36.74 |
48.98 |
48.98 |
61.23 |
1Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.11 Junior apprentices—shiftworkers—commencing before 1 January 2014—ordinary and penalty rates
[B.4.11 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Afternoon or night1 |
Non-successive afternoon or night2 |
Permanent night3 |
Saturday |
Sunday |
Public holiday |
||||
|
|
|
First 2 hours |
After 2 hours |
|
|
|
Continuous shiftwork |
Other than continuous shiftwork |
||
|
|
% of apprentice hourly rate4 |
|||||||||
|
|
115% |
150% |
200% |
130% |
150% |
200% |
200% |
250% |
||
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
||
|
1st year |
14.09 |
18.38 |
24.50 |
15.93 |
18.38 |
24.50 |
24.50 |
30.63 |
||
|
2nd year |
18.10 |
23.61 |
31.48 |
20.46 |
23.61 |
31.48 |
31.48 |
39.35 |
||
|
3rd year |
24.14 |
31.49 |
41.98 |
27.29 |
31.49 |
41.98 |
41.98 |
52.48 |
||
|
4th year |
28.16 |
36.74 |
48.98 |
31.84 |
36.74 |
48.98 |
48.98 |
61.23 |
||
1 Afternoon shift and night shift are defined in clause 2—Definitions.
2 Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).
3 Permanent night shift is defined in clause 13.13(c).
4 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
B.4.12 Junior apprentices—shiftworkers—commencing before 1 January 2014—overtime rates
[B.4.12 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
|
|
Monday to Sunday |
||
|
|
Continuous shiftwork |
Other than continuous shiftwork |
|
|
|
|
First 2 hours |
After 2 hours |
|
|
% of apprentice hourly rate1 |
||
|
|
200% |
150% |
200% |
|
|
$ |
$ |
|
|
1st year |
24.50 |
18.38 |
24.50 |
|
2nd year |
31.48 |
23.61 |
31.48 |
|
3rd year |
41.98 |
31.49 |
41.98 |
|
4th year |
48.98 |
36.74 |
48.98 |
1 Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.
Schedule C—Summary of Monetary Allowances
[Varied by PR729280, PR729468, PR740702, PR740874, PR750755, PR762134, PR762298, PR773910, PR774078]
See clause 18—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR729280, PR740702, PR762134, PR773910 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum rate for an Electrical worker grade 5 in clause 16.2 (weekly = $1032.30 or hourly = $27.17).
|
Allowance |
Clause |
% of weekly standard rate |
% of hourly standard rate |
$ |
Payable |
|
Industry allowance* |
18.3(a) |
3.7 |
- |
38.20 |
per week |
|
Electrician's licence allowance* |
18.3(b) |
3.6 |
- |
37.16 |
per week |
|
Leading hands allowance—in charge of—3 to 10 employees* |
18.3(c) |
4.3 |
- |
44.39 |
per week |
|
Leading hands allowance—in charge of—11 to 20 employees* |
18.3(c) |
6.0 |
- |
61.94 |
per week |
|
Leading hands allowance—in charge of—more than 20 employees* |
18.3(c) |
8.1 |
- |
83.62 |
per week |
|
Nominee allowance* |
18.3(d) |
9.2 |
- |
94.97 |
per week |
|
Electrical distribution line maintenance and tree clearing allowance* |
18.3(e) |
7.7 |
- |
79.49 |
per week |
|
Rate for ordering materials—more than 4 days' engagement* |
18.3(f)(ii) |
2.0 |
- |
20.65 |
per week |
|
Rate for ordering materials—less than 4 days' engagement* |
18.3(f)(ii) |
0.4 |
- |
4.13 |
per day |
|
Multistorey allowance—0 to 15 floors |
18.4(a)(iii) |
- |
2.6 |
0.71 |
per hour |
|
Multistorey allowance—16 to 30 floors |
18.4(a)(iii) |
- |
3.2 |
0.87 |
per hour |
|
Multistorey allowance—31 to 45 floors |
18.4(a)(iii) |
- |
4.9 |
1.33 |
per hour |
|
Multistorey allowance—46 to 60 floors |
18.4(a)(iii) |
- |
6.2 |
1.68 |
per hour |
|
Multistorey allowance—more than 60 floors |
18.4(a)(iii) |
- |
7.9 |
2.15 |
per hour |
|
Towers allowance—construction over 15 metres in height |
18.4(b)(i) |
- |
3.2 |
0.87 |
per hour |
|
Towers allowance—each further 15 metres |
18.4(b)(i) |
- |
3.2 |
0.87 |
per hour |
|
First aid allowance |
18.4(c) |
2.1 |
- |
21.68 |
per week |
|
Availability for duty |
20.6 |
8.8 |
- |
90.84 |
per week |
*This allowance applies for all purposes of this award.
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750755 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 PR729468, PR740874, PR762298, PR774078 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18—Allowances:
|
Allowance |
Clause |
$ |
Payable |
|
Tool allowance1 |
18.3(g) |
22.31 |
per week |
|
Meal allowance |
18.5(a)(i) |
19.29 |
per meal |
|
Compensation for loss of tools (maximum amount) |
18.5(b)(i) |
383.67 |
per occasion |
|
Motor vehicle allowance |
18.6(b) |
0.98 |
per km |
|
Travel time allowance |
18.6(c) |
8.46 |
per day at work and RDO |
|
Start and/or finish on job site—no transport provided |
18.6(d)(i) |
27.52 |
per day |
|
Start and/or finish on job site—transport provided |
18.6(d)(iii) |
4.94 |
per day |
|
Motor allowance |
18.6(f) |
0.98 |
per km |
|
Living away allowance |
18.7(a)(i) |
701.21 |
per week |
|
Meal allowance |
18.7(a)(iii) |
19.29 |
per meal |
1 This allowance applies for all purposes of this award.
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 |
|
Loss of tools |
Household appliances, utensils and tools sub-group |
|
Tool allowance |
Tools and equipment for house and garden component of household appliances, utensils and tools sub-group |
|
Vehicle allowance |
Private motoring sub-group |
|
Travel time |
Domestic holiday travel and accommodation sub-group |
|
Start and/or finish job |
Domestic holiday travel and accommodation sub-group |
|
Living away allowance |
Domestic holiday travel and accommodation sub-group |
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice, or at the rate of 12 months progression for each 2 years of employment as an apprentice, or at the rate of competency based progression if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration), or stages of competency based progression if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—Supported Wage System
[Varied by PR729672, PR742256, PR762969, PR774051]
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause E.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.2 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.2 Provided that the minimum amount payable must be not less than $106 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
E.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
E.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[E.10.3 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.
Schedule F—Agreement 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—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 I—Part day Public Holidays deleted by PR747561 ppc 14Nov22]
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