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Graphic Arts, Printing and Publishing Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777253 and PR777988).
Clause(s) affected by the most recent variation(s):
11—Casual employees
13A—Employee right to disconnect
39—Dispute resolution
Table of Contents
[Varied by PR746868, PR747562, PR750474, PR774731, PR777988]
Schedule E —Agreement for Time Off Instead of Payment for Overtime............................ 108
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Graphic Arts, Printing and Publishing Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733880, PR774731, PR777253]
2.1 Definitions and interpretation
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult means:
· an employee 21 years of age or over, other than an apprentice who has not completed their period of apprenticeship; or
· an employee who has completed their apprenticeship but is under 21 years of age; or
· a non‑apprenticed junior under 21 years of age who is employed as a Keyboard operator/assembler.
adult apprentice means a person 21 years of age or over at the time of entering into an indenture of apprenticeship provided for in clause 12—Apprentices.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings, or payment while they are on annual leave.
apprentice where referenced in this award includes a reference to an adult apprentice unless provided for otherwise.
AQF means Australian Qualification Framework.
award means the Graphic Arts, Printing and Publishing Award 2020.
[Definition of casual employee inserted by PR733880 from 27Sep21; varied by PR777253 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.
competency standards means the standards contained in training packages developed under the Australian Qualifications Framework relevant to the work covered by this award.
daily newspaper office includes every office in which a daily newspaper is printed and/or published on more than 4 days a week.
day’s work means work performed between the usual hours of commencing and finishing work on any day or shiftwork.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774731 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 PR774731 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).
graphic arts, printing, publishing and associated industries and occupations has the meaning given in clause 4.2.
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.
non-daily newspaper office includes every office in which a newspaper is printed and/or published on fewer than 5 days in a week and includes an office where, in addition to the printing and publishing of a newspaper, commercial printing is carried on.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for the employee’s classification prescribed by the award, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
overlapping work means work performed in a newspaper office and such work may be arranged partly in the hours prescribed for day work and partly in the hours prescribed for night work.
overtime hourly rate means the ordinary hourly rate for the employee’s classification prescribed by the award, plus any applicable shift allowances.
Saturday means the time between midnight Friday and midnight Saturday.
[Definition of small business employer inserted by PR774731 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly or hourly rate for Level 5 in clause 17—Minimum rates.
Sunday means the time between midnight Saturday and midnight Sunday.
[Definition of workplace delegate inserted by PR774731 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
2.2 Classification definitions
art and/or designing (including commercial art) however described means the work of an employee employed in or in connection with designing, sketching, drawing, tracing, aerographing, keying, colouring photographs, retouching of bromides, reproducing, writing (including ticket writing) lettering, illustrating, commercial art, or in copying artwork or layouts, or in any way preparing art work or layouts manually or electronically for the use or prospective use within the industry as defined in this award.
binder and finisher means a tradesperson who performs the general trade skills of binding and finishing.
despatcher in the corrugated and solid fibreboard containers industry section means an employee in a finished goods despatch area whose duties include: receiving finished goods; assembling or collecting goods in store to satisfy orders, requisitions or schedules; checking goods before despatch for quantity type or size; and/or handing over goods to the person authorised to receive such goods (but not being the labouring aspects only of such functions). In addition they may be required to keep appropriate records. There will be at least one employee in each finished goods despatch area who is classified as a despatcher.
fork-lift and/or grab truck and/or similar powered vehicle operator excludes an operator of any vehicle where the operator is not required to ride on the vehicle in order to operate it.
graphic pre-press tradesperson means a tradesperson who performs the general trade skills of graphic pre-press.
keyboard operator/assembler means an employee who performs limited functions of keyboard operating and/or assembly, who is neither a Graphic pre‑press tradesperson nor an Artist/Designer (including Commercial artist) and who does not perform the general trade skills of a Graphic pre-press tradesperson.
machinist means in the corrugated and solid fibreboard containers industry section without limiting the generality of that term, the person who, under the direction of the employer is in charge of and responsible for the safety of those under their control, the efficient operation, care and cleanliness of the equipment and its immediately surrounding areas, the behaviour of the crew (if any) and the setting up, maintenance of quality and output of the machine in accordance with the standards set by the employer.
· assistant machinist means in the corrugated and solid fibreboard containers industry section the person who is appointed by the employer to be second in charge of the machine and to assist the Machinist in the performance of any of the duties of the Machinist as defined but who is not responsible for taking charge of the machine unless so directed by the employer.
· any other employee on that machine means in the corrugated and solid fibreboard containers industry section any employee other than the Machinist or Assistant machinist who is assigned to the machine by the employer to perform work at the direction of the Machinist.
· single facer machinist means in the corrugated and solid fibreboard containers industry section the person in charge of a single facer either operating in line with a double backer or as a separate unit, making single faced board.
packer and/or despatcher means an employee engaged in the despatch of goods and whose duties include: receiving goods; assembling, packing or collecting goods to satisfy orders, requisitions or schedules; checking goods before despatch for quantity, type or size; and/or handing over goods to the person authorised to receive such goods (but not being the labouring aspects only of such functions). In addition they may be required to keep appropriate records. A packer and/or despatcher will not include an employee who merely takes goods and/or materials from a machine, table or conveyor and/or wraps those goods and/or places them in containers and/or cartons and/or other receptacles but does not despatch them.
printer-slotter means a machine used for printing, slotting, scoring and/or slitting and includes printing machines (not being printing attachments). A printer-slotter may have attachments for limited die cutting operations, for example, hand holes and ventilation holes.
printing attachment means a simple printing device incapable of printing on its own but which when attached to another machine can perform a limited printing function.
printing machinist means a tradesperson who performs the general trade skills of printing machining.
storeperson means an employee in a store whose duties include receiving and/or storing away and/or issuing goods and materials used in or in connection with the industry (not being the labouring aspects only of such functions). In addition they may be required to keep appropriate records.
2.3 Graphic reproduction definitions
dot etching and retouching means any or all of the following group of operations: aerographing; tracing; stripping; opaquing; staging; dot reducing; retouching; colour correcting negatives and/or positives, and all functions incidental to these.
lithography and lithographic without limiting the meaning of such words, means the lithographic processes known as photo-lithography, photo‑lithographic, lithographic offset, photo offset, offset, lithography, offset printing, metalithography, metalography, planeography, chromolithography, and dry lithography.
2.4 Printing definitions
flexographic printing means a method of rotary letterpress printing which employs rubber or other types of flexible plates and rapid drying fluid inks.
gravure printing means a process of printing, from a recessed surface, the opposite of letterpress printing in that the design areas are recessed into the plate instead of being in relief.
letterpress printing means printing by direct or offset printing processes from electrotypes, stereotypes, photo-engraved blocks, type, or any other form of printing from a relief surface and includes printing by multigraph, writer press, roneotype, or similar machines printing from type, stereos, electros, zincos, photo-engraving or the like, but does not apply to printing which is done wholly by ribbon process using a stencil of waxed paper or prepared tissue paper.
lithographic printing means planographic printing by direct or offset printing processes from surfaces of stone, rubber, metal, or other material on paper, tin or other material, and includes printing by Multilith, Rotaprint, or any similar type of printing machine but does not apply to printing which is done wholly by ribbon process using a stencil of waxed paper or prepared tissue paper.
non-impact printing machines means:
· non-impact printing machines used in or in connection with the commercial printing industry but not including non-impact printing machines used solely for photocopying or facsimile transmission;
· non-impact printing machines which employ non-impact printing technology in applying images to paper and or other surfaces and includes (either singularly or in combination) but is not limited to lasography, inkjet and inkbubble, ion deposition, thermal transfer, xerography, magnetography, cathode ray tube projection, light emitting diode, and/or liquid crystal display; and
· non-impact printing machines called electronic printing machines or laser printing machines that use one or more of the above processes. Major manufacturers of this type of equipment include, but are not limited to Canon, Hewlett Packard, Siemens, Rank-Xerox and IBM.
screen printing means the process of printing or reproducing through a metallic mesh screen or a screen made of silk or other material, the preparation of copy including screen art and/or designing and/or the making therefore of all classes of stencils.
small-offset lithographic printing machines means small-offset lithographic printing machines known by the trade names A.B. Dick, Gestelith, Hamada, MGD 22, Multilith, Romayor and Rotaprint (and any other similar kind of machine) having a sheet size the longest side of which is less than 620 millimetres (24‑1/2 inches) with the shortest side not exceeding 450 millimetres (18 inches) and with the printing mechanism driven by a motor which is specified by the manufacturer as not exceeding 1.1 kilowatt power (1‑1/2 horsepower). Provided that nothing herein will be construed to include the printing machines known by the trade name Davidson Dualith or letterpress printing machines of any description.
stamping means and includes the making of an impression or impressions upon any surface by the use of a blocking die or blocking dies and using ink, foil (whether of metal or otherwise), or any other colouring medium on the surface upon which the impression is being or has been made.
2.5 Production definitions
embossing means the making of an impression or impressions upon any surface by the use of male and female dies, whether or not ink, foil (whether of metal or otherwise), or any other colouring medium is being or has been applied to the surface upon which the impression is being or has been made.
graphic pre-press means image design and development, composition and graphic reproduction and all incidental processes.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry and occupational award covers employers throughout Australia in the graphic arts, printing, publishing and associated industries and occupations and their employees in the classifications listed in clause 17—Minimum rates and classification structure and Schedule A—Classification Definitions to the exclusion of any other modern award.
4.2 Graphic arts, printing, publishing and associated industries and occupations means the following industries, parts of industries and occupations:
(a) composing, reading, electrotyping, stereotyping, letterpress machining, lithographic machining, lithographing, screen printing, printing of all classes, slug-casting or type-casting machine attending and adjusting and/or repairing;
(b) type-founding;
(c) engraving, process engraving and/or photo engraving;
(d) commercial and/or lithographic designing, writing and/or drawing;
(e) publishing;
(f) despatching which is incidental to the industries or parts of industries covered by the award;
(g) book-binding, binding, paper ruling and/or paper cutting;
(h) paper making, paper working, calico and/or paper bag making;
(i) envelope making, stationery making and/or paper products working;
(j) embossing;
(k) cardboard box making, carton making (including the making of any kind of boxes and/or containers of paper and/or cardboard used alone or in combination with any other material or materials);
(l) mailing houses, including (without limiting the generality or ordinary meaning of the phrase) folding, paging, numbering, perforating, gathering, collating, inter-leaving, wrapping, sealing, addressing, mailing, despatching, stamping, inserting, security paper working, wire stapling, envelope working, direct mail systems working, addressograph work, paper products work and machine work in or in connection with enveloping, sealing, automatic/computer addressing and/or wrapping;
(m) creation of designs, concepts or layouts used or intended to be used in the advertising or marketing of commodities or service or for other uses in or in connection with the industry of commercial and industrial art, the execution of finished art, that is, the preparation of individual components of finished art (including illustrations, borders, retouching of photographs, photographic reproportioning and lettering by hand or transfer) and the final assembly of these components (including the paste up of reproduction type, profiling illustrations, key line drawings etc.);
(n) production of non-daily and daily newspapers, which includes any business, trade, manufacture, undertaking, calling, service, employment, handicraft or industrial occupation in the printing and any kindred industries;
(o) commercial and industrial art within the production described in clause 4.2(n);
(p) the composing or imposition or assembly of matter which is to be printed and the transfer of images by use of cameras or scanners or transparency duplications to obtain a relief of planographic or intaglio formation for printing; and
(q) plastics manufacturing or any of the processes of or incidental to the manufacturing of plastics or of goods manufactured from plastics or plastics substitutes but only to the extent that the manufacturing or processes are incidental to printing.
4.3 This award covers any employer which supplies labour on an on-hire basis in the graphic arts, printing, publishing and associated industries and occupations in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in those industries and occupations. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers any employer which supplies on-hire employees in classifications set out in clause 17—Minimum rates and classification structure and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. 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 graphic arts, printing, publishing and associated industries and occupations and/or parts of those industries or occupations and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.2 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
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 another 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 PR763222 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 39—Dispute resolution and/or under section 65B of the Act.
7.1 Agreement to vary award provisions
7.2 The facilitative provisions are identified below. Such agreements may be between:
(a) the employer and the employee; or
(b) the employer and a majority of employees at the workplace.
7.3 Levels of facilitative provisions
Each award clause which can be altered at the workplace has a level of facilitation (1–3) attached to it. Set out below are the 3 levels of facilitation:
(i) An employee or employees and the employer agree on the application of an award clause.
(ii) Where agreement is reached, the agreement must be kept by the employer as a time and wages record.
(b) Level 2
(i) An employee or employees and the employer agree on the application of an award clause. The employee(s) may request the assistance of a union or other representative and that representative must be given a reasonable opportunity to participate in the discussions leading up to any agreement. A representative’s involvement in this process does not mean that the consent of the representative is required prior to the introduction of agreed facilitative arrangements at the enterprise.
(ii) Where agreement is reached, the agreement must be kept by the employer as a time and wages record.
(c) Level 3
(i) Where a union has members employed at an enterprise covered by the award the union/s must be informed by the employer of the intention to use the facilitative provision and must be given a reasonable opportunity to participate in the negotiations. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.
(ii) An employee may request to be represented by any other representative who must be given a reasonable opportunity to participate in the negotiations.
(iii) Where agreement is reached, the agreement must be kept by the employer as a time and wages record.
7.4 Level 1—facilitation by individual agreement
The following facilitative provisions can be utilised by agreement between an employer and an individual employee:
|
Clause number |
Provision |
|
10.3(b) |
Consent variation to part-time hours |
|
13.9 |
Make-up time – Level 1 |
|
25.1 |
Payment of wages |
|
28.9 |
Time off instead of payment for overtime |
|
31.11 |
Agreement to take annual leave in advance |
|
31.14 |
Agreement to cash out annual leave |
|
36.5 |
Substitution of certain public holidays by agreement at the enterprise |
7.5 Level 2—facilitation by majority or individual agreement
|
Clause number |
Provision |
|
13.3(c)(i) and 13.3(c)(ii) |
Altering the spread of hours—day work (process set out in clause) – Level 2 |
|
14.2(a) and 14.2(b) |
Altering the spread of hours—shiftworker (process set out in clause) – Level 2 |
(b) Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of the workplace to implement a facilitative provision in clause 7.5(a), the employer must not implement that agreement unless:
(i) agreement is also reached between the employer and each individual employee to be covered by the facilitative provision; and
(ii) the agreement reached is kept by the employer as a time and wages record.
(c) Where no agreement has been reached by the employer with the majority of employees in accordance with clause 7.5(b), the employer may reach agreement with individual employees in the workplace or a section or sections of the workplace. Such an agreement under clause 7.5 binds the individual employee provided the agreement reached is kept by the employer as a time and wages record and provided the agreement is only with an individual employee or a number of individual employees less than the majority in the workplace or a section or sections of the workplace.
7.6 Level 3—facilitation by majority agreement
|
Clause number |
Provision |
|
|
Day work |
|
13.3(a)(iii) |
Length of work cycle – Level 2 |
|
13.3(d)(ii) |
Hours in excess of 8.75 up to 10 hours – Level 1 |
|
13.3(d)(iii) |
Hours in excess of 10 and less than 12 – Level 3 |
|
13.3(d)(iii) |
12 ordinary hours – Level 3 (also subject to 13.8(f)) |
|
13.3(e)(ii) |
Ordinary hours worked on Saturday and/or Sunday – Level 3 |
|
|
Other non-continuous shiftworkers other than in a newspaper office |
|
13.4(a)(ii) |
Length of work cycle – Level 2 |
|
13.4(b)(ii) |
Hours in excess of 8.75 up to 10 hours – Level 1 |
|
13.4(b)(iii) |
Hours in excess of 10 and less than 12 – Level 3 |
|
13.4(b)(iii) |
12 ordinary hours – Level 3 (also subject to 13.8(f)) |
|
13.4(c)(ii) |
Ordinary hours worked on Saturday and/or Sunday – Level 3 |
|
|
Continuous shiftwork employees other than in a newspaper office |
|
13.5(b)(iii) |
Length of work cycle – Level 2 |
|
13.5(c)(ii) |
Hours in excess of 8 up to 10 hours – Level 1 |
|
13.5(c)(iii) |
Hours in excess of 10 and less than 12 – Level 3 |
|
13.5(c)(iii) |
12 ordinary hours – Level 3 (also subject to 13.8(f)) |
|
13.5(e)(ii) |
Ordinary hours worked on Saturday and/or Sunday – Level 3 |
|
|
Non-daily newspaper office |
|
13.6(a)(ii) |
Length of work cycle – Level 2 |
|
13.6(b)(ii) |
Hours in excess of 8.75 up to 10 hours – Level 1 |
|
13.6(b)(iii) |
Hours in excess of 10 and less than 12 – Level 3 |
|
13.6(b)(iii) |
12 ordinary hours – Level 3 (also subject to 13.8(f)) |
|
13.6(d)(ii) |
Ordinary hours worked on Saturday and/or Sunday – Level 3 |
|
|
Daily newspaper office |
|
13.7(b) |
Length of work cycle – Level 2 |
(b) Where agreement is reached with the majority of employees in the workplace or a section or sections of the workplace to implement a facilitative provision in clause 7.6(a), that agreement binds all employees provided the agreement reached is kept by the employer as a time and wages record.
8.1 Employees under this award must be engaged in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
9. Full-time employees
9.1 A full-time employee is a weekly employee whose ordinary hours of work must not exceed an average of 38 hours per week.
9.2 An employee not specifically engaged as a part-time or casual employee is a full-time employee for the purposes of this award, unless otherwise specified in this award.
10. Part-time employees
[Varied by PR747562]
A part-time employee is a weekly employee who:
(a) works less than full-time hours; and
(b) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees who do the same kind of work.
On each occasion a part-time employee is required to attend work the employee must be engaged for:
(a) not less than 4 consecutive hours per day or shift; or
(b) not less than 3 hours if a publishing employee in a newspaper office; or
(c) not less than 2 hours if an inserter in a newspaper office.
10.3 Agreement—part-time hours and classification
(a) At the time of the engagement, the employee and the employer must agree on:
(i) the hours to be worked by the employee, the days on which they will be worked and the commencing and finishing times for the work; and
(ii) the classification applying to the work to be performed in accordance with clause 17—Minimum rates and classification structure.
A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with clause 10.3(a) must be paid overtime in accordance with clause 28—Overtime and penalty rates.
[10.5 varied by PR747562 ppc 14Nov22]
Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES or in this award and the employer does not require work to be performed by the employee, the employee must not lose pay for the day or part-day. Where the employee works on the holiday, the employee will be paid in accordance with clause 36—Public holidays.
11. Casual employees
[Varied by PR733880, PR777253]
[11.1 deleted by PR733880 from 27Sep21]
[11.2 renumbered as 11.1 by PR733880 from 27Sep21]
(a) A casual employee working ordinary time must be paid the hourly rate prescribed in clause 17—Minimum rates and classification structure for the work being performed plus a casual loading of 25%.
(b) The loading constitutes part of the casual employee’s all-purpose rate.
[11.3 renumbered as 11.2 by PR733880 from 27Sep21]
On each occasion a casual employee is required to attend work the employee must be paid:
(a) a minimum payment of 4 hours’ work; or
(b) if engaged in the publishing department as a publishing employee, a minimum payment of 3 hours’ work; or
(c) if engaged in the publishing department of a newspaper on collating and inserting, a minimum payment of 2 hours’ work.
[11.4 renumbered as 11.3 by PR733880 from 27Sep21]
11.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements under the NES concerning carer’s leave and/or compassionate leave for a casual employee. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
[11.5 renumbered as 11.4 by PR733880 from 27Sep21]
11.4 When a casual employee works overtime, they must be paid the overtime rates in clauses 28.2(b), 28.3(a)(ii) and 28.7(b).
11.5 Changes to casual employment status
[11.6 renumbered as 11.5 and renamed and substituted by PR733880; renamed and substituted by PR777253 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 39—Dispute resolution.
[11.7 deleted by PR733880 from 27Sep21]
12.1 The terms and conditions of employment of this award will apply to apprentices, including adult apprentices, except as provided in clause 12 or where otherwise stated or where special provisions apply. Apprentices may be engaged in trades or occupations provided for in clause 12 where declared or recognised by an apprenticeship authority.
12.2 An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
12.3 Time spent by an apprentice in attending any training and 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 operates subject to the provisions of Schedule C—School-based Apprentices.
12.4 Subject to appropriate State or Territory legislation an employer must not employ an unapprenticed junior in a trade or occupation provided for in clause 12.
12.5 Training packages and trades
(a) Where it is consistent with State or Territory legislation, an apprentice may be engaged under a training contract approved by an apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeships in the trade training package determined from time to time by the Innovation and Business Skills Australia and endorsed by the National Skills Standards Council.
(b) Subject to clause 12.1 an apprenticeship may be undertaken in any of the following trades:
· Graphic pre-press;
· Printing machining;
· Binding and finishing; or
· Screen printing stencil preparation.
12.6 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with responsibility for the apprenticeship.
12.7 In order to undertake trade training in accordance with clause 12.5 a person must be a party to a training contract in accordance with the requirements of the apprenticeship authority or State or Territory legislation. The employer will provide, and/or provide access to, training consistent with the contract or training agreement without loss of pay.
12.8 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State or Territory legislation and the apprenticeship authority.
12.9 The probationary period of an apprentice will be as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but will not exceed 6 months.
12.10 Reimbursement of fees and textbooks
(i) within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship; or
unless there is unsatisfactory progress.
(b) Direct payment of the fees and textbooks by an employer to the training provider within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship satisfies the requirement for reimbursement in clause 12.10(a).
(c) Costs associated with training that are not in connection with an apprentice’s training contract are subject to clause 26.4 and not clause 12.10.
12.11 Nominal period of apprenticeship
(a) The nominal period of apprenticeship will be 4 years.
(b) The nominal period may be varied to another period as is approved by an apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 17—Minimum rates and classification structure.
(c) The period may be varied to another period as is approved by an apprenticeship authority on the basis of:
(ii) an approved competency based training program; or
(iii) an approved graphic arts pre-vocational course.
12.12 Competency based completion
Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:
(a) the qualification specified in the training contract is successfully completed; and
(b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and
(c) the requirements of the relevant State/Territory apprenticeship authority with respect to demonstration of competency and any minimum necessary work experience requirements are met; and
(d) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.
(a) No apprentice is to work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with the training contract, except in an emergency.
(b) An apprentice who is engaged in day release training may only be employed on day work.
(d) Notwithstanding clauses 12.13(b) and 12.13(c) an apprentice who is engaged on block release training and who is aged 18 years or more may agree to be employed on morning or afternoon shift except during periods of attendance on block release training.
12.14 Travel payment 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 in the course of travelling to and from the training. Clause 12.14 will not apply where the apprentice could attend an alternate 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 12.14(a) excess reasonable travel costs includes 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, which exceed those incurred in travelling to and from work. For the purposes of clause 12.14(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 12.14 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 assistance or their employer has advised them in writing of the availability of such assistance.
12.15 Apprentice rates of pay
(a) As specified in clause 19.2, an apprentice will be entitled to a higher rate of pay based on competency based progression or after working a 12 month period.
(b) Absences due to annual leave and paid personal leave/compassionate leave will be counted as part of the 12 month period.
(c) At the request of the apprentice any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice:
(i) in reduction of the time that needs to be worked in the relevant year; or
(ii) when calculating the amount of additional time that needs to be worked in the relevant year.
12.16 Competency based progression
(a) For the purpose of competency based wage progression in clauses 19.2 and 20.3 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:
(i) competency has been achieved in the relevant proportion of the total units of competency specified in clauses 19.2 and 20.3 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and
(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and
(A) the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or
(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.
(b) If the employer disagrees with the assessment of the RTO referred to in clause 12.16(a)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by that authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.
(c) For the purposes of clause 12.16, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of competency utilised for the purpose of the training packages and for the purpose of clause 12.16 is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.
(d) The apprentice will be paid the wage rate referred to in clause 12.16(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 12.16(a)(iii) or on a date as determined under the dispute resolution process in clause 12.16(b).
12.17 Operation of State or Territory laws
In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute or regulation will operate in that State or Territory 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.
13. Ordinary hours of work and rostering
13.1 Maximum weekly hours and requests for flexible arrangements are provided for in the NES.
13.2 Ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.
13.3 Ordinary hours of work—day work employees
(a) Ordinary hours of work and work cycles
(i) The ordinary hours of work for day work will not exceed an average of 38 per week.
(iii) By agreement between the employer and the majority of employees affected (level 2 facilitation), a roster system may operate on the basis of a weekly average of 38 ordinary hours over a period which does not exceed 5 months.
(b) Spread of hours
(i) The ordinary hours of work are to be worked between 7.00 am and 6.00 pm.
(ii) The ordinary hours of work for employees engaged to clean the premises or attend to heating apparatus for the machines or buildings may be worked between 6.30 am and 6.00 pm.
(c) Altering the spread of hours
· be accessed where no majority agreement has been reached;
· be implemented in respect of individual employees who have reached agreement; and
· apply to an individual employee or a number of individuals less than the majority in the workplace or section or sections of it.
(i) The ordinary hours of work for day work will not exceed 8.75 hours per day.
(ii) Notwithstanding clause 13.3(d)(i) the ordinary hours of work for day work may be up to 10 hours per day by agreement between the employer and the majority of employees (level 1 facilitation).
(e) Days ordinary hours may be worked
(i) The ordinary hours of work may be worked on any day Monday to Friday inclusive.
Employees will be paid 200% of the ordinary hourly rate for all ordinary hours worked on Saturdays or Sundays where agreement has been reached under clause 13.3(e)(ii).
13.4 Ordinary hours of work—non-continuous shiftworkers other than in a newspaper office
(a) Ordinary hours and work cycles
(i) The ordinary hours for non-continuous shiftwork must not exceed an average of 38 per week.
(ii) Notwithstanding clause 13.4(b)(i), the ordinary hours of non-continuous shiftworkers may be up to 10 hours per shift by agreement between the employer and the majority of employees (level 1 facilitation).
(c) Days ordinary hours may be worked
(i) The ordinary hours of work may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday may continue into the Saturday for the remaining ordinary hours of work without the payment of weekend penalty rates in accordance with clause 13.4(c)(iii).
(iii) Payment for ordinary hours worked on weekends
Where agreement has been reached under clause 13.4(c)(ii) to work ordinary hours on a Saturday or Sunday, the following rates will be paid for all ordinary work done on Saturday or Sunday (as defined):
|
Shift |
% of ordinary hourly rate |
|
Afternoon or morning shift |
220 |
|
Night shift (other than permanent night shift as defined in clause 14.1(d)) |
220 |
|
Permanent night shift (as defined in clause 14.1(d)) |
230 |
(iv) The rates in clause 13.4(c)(iii) will apply to the overtime work except as provided for in clause 28.3(c) where ordinary time is worked on a Saturday or Sunday and overtime is continuous with such work.
(v) The rates in clause 13.4(c)(iii) are in substitution for and not cumulative on the shift allowances prescribed in clause 14.3 and the overtime rates in clause 28.3.
13.5 Ordinary hours of work—continuous shiftwork employees other than in a newspaper office
(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each day without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(b) Ordinary hours of work and work cycles
(i) The ordinary hours of continuous shiftwork employees are to average 38 hours per week.
(ii) The ordinary hours of work are to be worked over a cycle which must not exceed 152 hours in 28 consecutive days.
(i) The ordinary hours of continuous shiftwork employees will not exceed 8 hours per shift.
(ii) Notwithstanding clause 13.5(c)(i) the ordinary hours of continuous shiftwork may be up to 10 hours per day by agreement between the employer and the majority of employees (level 1 facilitation).
(d) Limitation on double shifts
Shiftwork employees, whilst recognising their obligations to continue at work until relieved will not be required to work more than 2 consecutive shifts. The employer will avoid double shifts as far as possible by using every endeavour to arrange reliefs, and will limit the number of double shifts worked by an employee to one in any week except in unavoidable circumstances.
(e) Days ordinary hours may be worked
(i) The ordinary hours of work may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday, may continue into the Saturday for the remaining ordinary hours of work without the payment of weekend penalty rates in accordance with clause 13.5(e)(iii).
(iii) Payment for ordinary hours worked on weekends
Where agreement has been reached under clause 13.5(e)(ii) to work ordinary hours on a Saturday or Sunday, the following rates will be paid for all ordinary work done on Saturday or Sunday (as defined):
|
Shift |
% of ordinary hourly rate |
|
Afternoon or morning shift |
220 |
|
Night shift (other than permanent night shift as defined in clause 14.1(d)) |
220 |
|
Permanent night shift (as defined in clause 14.1(d)) |
230 |
(iv) The rates in clause 13.5(e)(iii) will apply to overtime work except as provided for in clause 28.3(c) where ordinary time is worked on a Saturday or Sunday and overtime is continuous with such work.
(v) The rates in clause 13.5(e)(iii) are in substitution for and not cumulative on the shift allowances prescribed in clause 14.3 and the overtime rates in clause 28.3.
13.6 Ordinary hours of work—in a non-daily newspaper office
(a) Ordinary hours of work and work cycles
(i) The ordinary hours for non-continuous shiftwork must not exceed an average of 38 per week.
(ii) By agreement between the employer and the majority of employees affected (level 2 facilitation), a roster system may operate on the basis that the weekly average of up to 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but which does not exceed 12 months.
(ii) Notwithstanding clause 13.6(b)(i), the ordinary hours of shiftwork employees not on continuous shiftwork may be up to 10 hours per shift by agreement between the employer and the majority of employees (level 1 facilitation).
(c) Night work in a non-daily newspaper office
(i) Night work in a newspaper office means any work performed between the hours of 5.00 pm and at or before 8.00 am.
(ii) By agreement between the employer and an employee, night work on Sunday may commence before 5.00 pm. This agreement is not subject to clause 7—Facilitative provisions.
(iii) Employee in a non-daily newspaper office when engaged on night work
An employee in a non-daily newspaper office when employed on night work will be paid 17.5% of a classification level 5 employee’s day work rate in addition to the day work prescribed for the work they perform.
(iv) Night work overlapping day work hours in a non-daily newspaper office
Where on any day, hours of night work overlap the day work hours in a non-daily newspaper office, the night work hours will be observed and the night work rate will be paid for all day work hours worked.
(d) Days on which ordinary hours are worked
(i) The ordinary hours of work may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday may continue into the Saturday for the remaining ordinary hours of work without the payment of weekend penalty rates in accordance with clause 13.6(e)(i).
(e) Ordinary hours of night work on Saturday and Sunday
(i) Payment for ordinary hours of night work on Saturday or Sunday
An employee will be paid 200% of the ordinary day work rate plus 17.5% of the classification level 5 rate for ordinary hours on a Saturday or Sunday (as defined) where agreement has been reached under clause 13.6(d)(ii).
(ii) The above rates will apply to the overtime work except as provided for in clause 28.3(c), where ordinary time is worked on a Saturday or Sunday and overtime is continuous with such work.
(iii) The above rates are in substitution for and not cumulative on the night work allowance prescribed in clause 13.6(c)(iii), the shift allowances prescribed in clause 14.3 and the overtime rates in clause 28.3.
13.7 Ordinary hours of work—in a daily newspaper office
(a) Ordinary hours and work cycles
The ordinary working hours and working cycles will be determined on section by section or a unit by unit basis in each establishment by agreement between the employer and the majority of weekly employees affected in the section or unit and worked as follows:
(i) 38 hours worked over 4 shifts during one week, with a maximum of 11 hours per shift; or
(ii) 38 hours worked over 5 shifts during one week, with a maximum of 8 hours per shift; or
(iii) 76 hours worked over 9 shifts during 2 weeks, with a maximum of 11 hours per shift; or
(iv) 114 hours worked over 14 shifts during 3 weeks, with a maximum of 11 hours per shift; or
(v) 152 hours worked over 19 shifts during 4 weeks, with a maximum of 11 hours per shift.
(c) Limitation on double shifts
Shiftwork employees, whilst recognising their obligations to continue at work until relieved will not be required to work more than 2 consecutive shifts. The employer will avoid double shifts as far as possible by using every endeavour to arrange reliefs, and will limit the number of double shifts worked by an employee to one in any week except in unavoidable circumstances.
(d) Night work in a daily newspaper office
(i) Night work in a daily newspaper office means any work performed between the hours of 5.00 pm and at or before 8.00 am.
(ii) By agreement between the employer and an employee, night work on Sunday may commence before 5.00 pm. This agreement is not subject to clause 7—Facilitative provisions.
(iii) Payment when engaged on night work for employee in a daily newspaper office
An employee in a daily newspaper office when employed on night work will in addition to the day work rate prescribed for the work they perform be paid 17.5% of a classification level 7 employee’s day work rate.
(iv) Night work overlapping day work hours in a daily newspaper office
Work may be arranged in the hours prescribed for day work and partly in the hours prescribed for night work. Employees engaged in accordance with clause 13.7(d)(iv) will be paid the rate of wages and be subject to the conditions as provided for night work. However, this will not apply where a day shift commences at 6.30 am or is to conclude between 5.00 pm and 6.30 pm.
(e) Days on which ordinary hours are worked
(i) The days on which ordinary hours are worked may include Saturday and Sunday.
(ii) Payment for work on a Saturday
Where ordinary hours are worked on a Saturday an employee will be paid at ordinary time plus a one-off payment equal to 4 times the ordinary hourly rate of pay calculated on the award classification level rate of the employee for each Saturday worked.
(iii) Rate for Sunday night work
Any work done after 5.00 pm on Sunday or in the circumstances where there is agreement between the employee and the employer as prescribed by clause 13.7(d)(ii) will be paid for at the rate of ordinary time plus 25% of the resultant calculation of the night work allowance prescribed in clause 13.7(d)(iii) and will be classified as ordinary work and included in the employee’s ordinary working hours.
13.8 Methods for arranging ordinary hours other than a non-daily and/or daily newspaper office
(a) The method of arranging ordinary hours may be:
(i) by employees working a constant number of ordinary hours each day; or
(ii) by fixing one day a week on which employees work a lesser number of ordinary hours; or
(b) The arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise affected subject to the employer’s right to fix and change the daily hours of employees as prescribed in clauses 13.8(a) and 13.10. This agreement is not subject to clause 7—Facilitative provisions.
(c) Days off
Where pursuant to clauses 13.8(a)(iii) and 13.8(a)(iv) an employer adopts a system of work which entitles an employee to a day off during the work cycle, the following provisions apply:
(i) an employer and an employee or the majority of employees at the workplace or work section or sections concerned may substitute the day the employee or employees concerned are to take off during a work cycle for another day by agreement. This agreement is not subject to clause 7—Facilitative provisions;
(ii) an apprentice who is required to attend trade school on a rostered day off must be entitled to a substitute day as soon as practicable following the attendance at trade school; and
(iii) except as provided in clause 13.8(c)(i), work performed on a rostered day off or shift off must be paid for at overtime rates as set out in clause 28.4.
(d) Notice of days/shifts off
The employer is required to give 4 weeks’ notice of a rostered day off accrued pursuant to clauses 13.8(a)(iii) and 13.8(a)(iv) unless otherwise agreed by the employer and a majority of employees in the plant or work section(s) concerned. This agreement is not subject to clause 7—Facilitative provisions.
(e) Banking of rostered days/shifts
By agreement between the employer and employee or majority of employees at the workplace or work section or sections concerned, rostered days/shifts off may be accumulated (banked) up to a maximum of 5 days/shifts and must be entitled to be taken in a manner agreed upon between the employer and the employee or the majority of employees prior to the first of such days/shifts accumulating. This agreement is not subject to clause 7—Facilitative provisions.
12 hour days or shifts may be introduced in accordance with clauses 13.3(d)(iii), 13.4(b)(iii) or 13.5(c)(iii) subject to:
(i) proper health monitoring procedures being introduced;
(ii) suitable roster arrangements being made;
(iii) proper supervision being provided;
(iv) adequate breaks being provided; and
(v) an adequate trial and review process being implemented.
(a) An employee may elect, with the consent of the employer (level 1 facilitation), to work make-up time for time taken off during ordinary hours, provided such make-up time occurs during the spread of ordinary hours provided in the award.
(b) An employee on shiftwork may elect with the consent of their employer (level 1 facilitation), to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the shiftwork rate which would have been applicable to the hours taken off.
13.10 Fixation and change of hours
(b) Once an employee’s working hours have been fixed in accordance with clause 13.10(a), those hours will not be changed until at least one week after those hours have been in actual operation.
(c) Except as set out in clause 13.10(d), if any alteration to an employee’s hours is made other than in accordance with clause 13.10(a), the employee will be paid 200% of the ordinary hourly rate for all time worked outside of the hours fixed in accordance with clause 13.10(a).
(d) In the case of an emergency beyond the control of the employer, the employer may require an employee to change their working hours on giving 48 hours’ notice, including the meal break of such periods, without payment of the penalty prescribed in clause 13.10(c). The ordinary hours of an employee will not be changed more than once in a working week under clause 13.10.
(e) If an employee is required to change their working hours in the case of an emergency beyond the control of the employer without receiving 48 hours’ notice, the employee will be paid 200% of the ordinary hourly rate for all time worked until the expiration of the 48 hours after the employee commenced the new hours.
13.11 Change of working periods
(a) An employee who during the course of a week’s work is transferred from day work to shiftwork or vice versa or from one shift to another shift, will be allowed at least a 10 hour break between finishing their shift/day’s work and commencing their next shift/day’s work without loss of pay.
(b) If a 10 hour break is not allowed, the employee will be paid 200% of the ordinary hourly rate for all hours worked until the employee has a 10 hour break.
(c) An employee must not be transferred from day work to shiftwork or vice versa or from one shift to another shift, more than once in a working week.
13.12 Posting of working hours
The roster of each work area, including the meal period, and the name and working hours of each employee employed in that workroom whose hours differ from the roster will be displayed in the work room.
13A. Employee right to disconnect
[13A inserted by PR777988 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 stand-by time under clause 30.2; 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 stand-by.
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) an emergency roster change under clause 13.10(d); or
(b) a recall to work under clause 29—Call-back.
14. Special provisions for shiftwork employees
14.1 Definitions
(a) Afternoon shift means any shift finishing after 6.00 pm and at or before 12.45 am.
(b) Night shift means any shift finishing after 12.45 am and at or before 10.00 am.
(c) Morning shift means any shift commencing at or after 5.00 am and prior to 7.00 am but nothing in this definition will cause a day worker to be deemed to be working on morning shift.
(d) Permanent night shift means a period of engagement on shiftwork where an employee works:
(i) night shift only;
(ii) remains on night shift for a period longer 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 cycle.
(b) The daily spread of hours may be altered by up to one hour at one end of the spread (but not both), by agreement between the employer and an individual employee (level 2 facilitation) and may only:
(i) be accessed where no majority agreement has been reached;
(ii) be implemented in respect of individual employees who have reached agreement; and
(iii) apply to an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.
14.3 Shift allowances—morning, afternoon and night shift
(a) Morning, afternoon and night shift
An employee on morning shift, afternoon shift, or night shift which rotates with or alternates with day work and/or afternoon shift will be paid 20% of the day work rate in addition to the day work rate prescribed by this award for the ordinary hours they perform on that shift.
An employee when on permanent night shift will be paid 30% of the day work rate in addition to the day work rate prescribed by this award for the ordinary hours they perform during any such night cycle.
(c) The shift allowance is payable during overtime in accordance with this award.
14.4 Meal break—continuous shiftworkers
An employee employed on continuous shiftwork will be entitled to a paid meal break each shift of 30 consecutive minutes which will be counted as time worked.
15.1 The minimum time allowance for meals will be half an hour and the maximum time allowance one hour.
15.2 No period of work will exceed 5 hours without a break for meals, provided that:
(a) Where an employer has adopted a system of ordinary working hours under clause 13—Ordinary hours of work and rostering which does not require employees to work for more than 6 hours on a day or shift (and employees are not required to work more than their ordinary hours), the employer and the majority of affected employees may agree that a meal break need not be taken on that day or shift.
(b) By agreement between the employer and the majority of employees in the workplace, work section or sections affected or by agreement between the employer and an employee, employees may be required to work in excess of 5 hours but not more than 6 hours at ordinary rates of pay without a meal break.
(c) Agreements under clause 15.2 are not subject to clause 7—Facilitative provisions.
15.4 The meal period of any employee on day work will be between the hours of 11.00 am and 2.00 pm.
(a) The usual time of an employee’s meal period may be altered by the employer with one week’s notice to the employee.
(b) Notice of alteration of meal break is not required if:
(i) an employer agrees to a request by an employee to change in order to attend to a business arrangement, domestic or other personal necessity; or
(ii) an employer needs to make a change to meet a requirement for continuous running of a machine (change under clause 15.5 will not be effected in circumstances where the employee has an existing commitment that prevents the meal period being altered); or
(iii) an employer and employee agree to a change provided that the agreement is not for the sole purpose of avoiding the penalty prescribed by clause 15.3. This agreement is not subject to clause 7—Facilitative provisions.
16.1 A reasonable opportunity is to be provided by the employer for each employee to pause to acquire a refreshment during the first half of the day or shift, at a time specified by the employer, subject to:
(a) continuous running of plant, equipment and processes;
(b) productivity not being reduced;
(c) wages and other costs not increasing;
(d) maintenance of high standards of work health and safety; and
(e) maintenance of high standards of quality;
whilst the refreshment is being acquired.
16.2 The abovementioned provision of a reasonable opportunity to pause to acquire a refreshment will not be applicable to employees who are provided with a rest break. Furthermore, clause 16.1 will not be used to reduce rest break entitlements in workplaces.
Part 4—Wages, Allowances and Classifications
17. Minimum rates and classification structure
[Varied by PR729281, PR740703, PR762135, PR773911]
17.1 The classifications set out in Table A will be read in conjunction with clause 23—Classification and reclassification of employees, and Schedule A—Classification Definitions.
[17.2 varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
17.2 Adult employees must be paid the minimum rates set out in Table A.
Table A
|
Employee classification Level |
Minimum
weekly rate |
Minimum hourly rate |
Alignment to qualification from the Printing and Graphic Arts Training Package |
|
|
$ |
$ |
|
|
Level 1 |
891.50 |
23.46 |
|
|
Level 2 |
915.90 |
24.10 |
|
|
Level 3 |
949.20 |
24.98 |
|
|
Level 4 |
980.40 |
25.80 |
Certificate II |
|
Level 5 |
1032.30 |
27.17 |
Trade Certificate/ Certificate III |
|
Level 6 |
1064.70 |
28.02 |
|
|
Level 7 |
1097.10 |
28.87 |
|
|
Level 8 |
1126.30 |
29.64 |
Certificate IV (except as set out in clause 17.3) |
17.3 The following qualifications are excluded from clauses 17.2:
(a) ICP40704—Certificate IV in Printing and Graphic Arts (Management Sales); and
(b) ICP40804—Certificate IV in Printing and Graphic Arts (Process Leadership).
Where duties performed under clause 17—Minimum rates and classification structure attract different wage rates, the employee must be paid for the day at the highest rate for the work performed.
[Varied by PR729281, PR740703, PR762135, PR773911]
18.1 Junior keyboard operator/assembler
The minimum wage rate payable to a junior employed as a keyboard operator/assembler will be the Level 4 rate for the area in which they are employed.
18.2 Junior artist and/or designer (including junior commercial artist)
(a) Junior rates
[18.2(a) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
The minimum rate for work performed by a junior artist and/or designer (including junior commercial artist) will be the percentage set out below of the Level 4 rate:
|
Age |
% of level 4 rate |
Minimum weekly
rate |
|
|
|
$ |
|
Under 17 years |
37.5 |
367.65 |
|
17 years |
47.5 |
465.69 |
|
18 years |
60 |
588.24 |
|
19 years |
72.5 |
710.79 |
|
20 years |
87.5 |
857.85 |
(b) Attendance at accredited training provider
Upon production of a certificate from the accredited training provider which shows that the junior artist has given satisfactory attention to the course, there will be no deduction from the junior artist’s pay for the time of absence.
(c) Fees
Unless paid by the State or Territory government, the fees of a training provider must be paid by the employer.
18.3 Juniors employed in a daily newspaper office other than inserters not being an apprentice/trainee
[18.3 varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
The minimum rate for work performed by a junior other than an apprentice/trainee employed in a daily newspaper other than inserters will be the percentage set out below of the Level 3 rate:
|
Age |
% of Level 3 rate |
Minimum
weekly rate |
|
|
|
$ |
|
Under 16 years |
30 |
284.76 |
|
16 years |
40 |
379.68 |
|
17 years |
50 |
474.60 |
|
18 years |
60 |
569.52 |
|
19 years |
75 |
711.90 |
|
20 years |
90 |
854.28 |
18.4 Other juniors not being an apprentice/trainee
(a) Clause 18.4 applies to juniors other than a junior artist and/or designer or a junior keyboard operator/assembler or a junior employed in a daily newspaper office other than inserters.
[18.4(b) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
(b) The minimum rate for work performed by a junior other than an apprentice/trainee will be the percentage set out below of the Level 2 rate:
|
Age |
% of Level 2 rate |
Minimum weekly
rate |
|
|
|
$ |
|
Under 16 years |
30 |
274.77 |
|
16 years |
40 |
366.36 |
|
17 years |
50 |
457.95 |
|
18 years |
60 |
549.54 |
|
19 years |
75 |
686.93 |
|
20 years |
90 |
824.31 |
18.5 Duties of juniors under specified conditions
(a) Juniors under the age of 18 years will not be employed on a casting machine unless the junior is an apprentice.
(b) An employer must not permit or require an employee under the age of 18 years to be employed on a power driven guillotine (unless an apprentice as provided for in clause 12—Apprentices of this award), a platen or cylinder machine used for carton cutting.
(c) Juniors undergoing training in their work must be provided with qualified adult supervision.
18.6 Juniors employed in screen printing
Subject to clause 18.5(c), where the dimensions of a piece of printed matter:
(a) exceed 300 millimetres by 600 millimetres (12 inches by 24 inches), an adult employee or an apprentice to screen printing stencil preparation must be employed on the same printing frame as any non‑apprenticed junior on the printing (including racking) of that printed matter; or
(b) do not exceed 300 millimetres by 600 millimetres (12 inches by 24 inches), a non-apprenticed junior may be employed alone in the printing (including racking) of that printed matter.
18.7 A non-apprenticed junior must not be employed in or in connection with the work of transfers other than racking.
18.8 Juniors employed on small-offset lithographic printing machines
Juniors employed on small-offset printing machines will be supervised by a qualified adult.
19. Apprentice rates (other than adult apprentices)
[Varied by PR729281, PR740703, PR762135, PR773911]
The minimum rate for work performed by an apprentice (other than an adult apprentice) continuing their apprenticeship which commenced prior to 1 January 2014 will be the percentage set out below of the Level 5 rate:
|
|
% of Level 5 rate |
|
1st year |
47.5 |
|
2nd year |
60.0 |
|
3rd year |
72.5 |
|
4th year |
87.5 |
19.2 Minimum rates for apprentices (other than adult apprentices) who commenced on or after 1 January 2014
|
Stage of apprenticeship |
Entry, exit and progression requirements |
Has not completed year 12 |
Has completed year 12 |
|
|
|
% of Level 5 rate |
|
|
1 |
Entry
|
50% |
55% |
|
2 |
Entry · on attainment of 25% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or · 12 months after commencing the apprenticeship; whichever is earlier. There is no exit point at this stage. |
60% |
65% |
|
3 |
Entry · on attainment of 50% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or · 12 months after commencing Stage 2; whichever is earlier. Exit |
72.5% |
72.5% |
|
4 |
Entry · on attainment of 75% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or · 12 months after commencing Stage 3; whichever is earlier. |
87.5% |
87.5% |
[19.3(a)(i) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
(i) for the course requirement passed at that standard—$8.88;
[19.3(a)(ii) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
(ii) for the second course requirement passed at that standard, instead of the amount prescribed in clause 19.3(a)(i)—$17.76; or
[19.3(a)(iii) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
(iii) for the third course requirement passed at that standard, instead of the amount prescribed in clause 19.3(a)(ii)—$26.63.
(b) The apprentice will receive an additional amount on and from the beginning of the first pay period commencing in January following the completion of course requirements. Where an apprentice is unable to complete course requirements because of personal illness or injury and then satisfactorily completes course requirements, the relevant additional amount will be payable to the apprentice on and from the first pay day after the date on which the results are published.
(c) Where State or Territory vocational training legislation provides for proficiency payments to be paid to an apprentice then those provisions will apply in substitution for the amounts in clause 19.3(a).
(d) Proficiency payments are not payable to adult apprentices.
For school-based apprentices, see Schedule C—School-based Apprentices.
20.2 Minimum rates for adult apprentices who commenced prior to 1 January 2014
Subject to clause 20.1 where work is performed by an adult apprentice, including the wages of probationers for apprenticeship, who commenced their apprenticeship prior to 1 January 2014 the minimum rates are set out below as a percentage of the Level 5 rate:
|
|
% of the Level 5 rate |
|
1st year |
82 |
|
2nd year |
87 |
|
3rd year |
92 |
|
4th year |
100 |
20.3 Minimum rates for adult apprentices on or after 1 January 2014
Subject to clause 20.1 where work is performed by an adult apprentice, including the wages of probationers for apprenticeship, who commenced their apprenticeship on or after 1 January 2014, the minimum rate and competency based wage progression will be the percentage set out below of the Level 5 rate:
|
Stage of apprenticeship |
Entry, exit and progression requirements |
Adult
apprentice |
|
1 |
Entry There is no exit point at this stage. |
82% |
|
2 |
Entry 12 months after commencing the apprenticeship; whichever is earlier. |
87% |
|
3 |
Entry Exit |
92% |
|
4 |
Entry Exit |
100% |
20.4 When an apprenticeship authority in accordance with the requirements of State or Territory legislation determined that an adult apprentice has gained sufficient theoretical and practical knowledge that the apprentice will be deemed, for the purposes of calculating the appropriate wage rate, to have completed the period advanced.
20.5 An adult apprentice who is engaged on day release training may only be employed on day work during their periods of attendance at day release.
20.6 An adult apprentice who is engaged on block release training may be employed on day work or shiftwork.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
[Varied by PR729281, PR740703, PR762135, PR773911]
22.1 Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[22.2 varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
22.2 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 Graphic Arts, Printing and Publishing Award 2020 and not the Miscellaneous Award 2020.
23. Classification and reclassification of employees
23.1 Consultation
Parties at each plant or enterprise will undertake appropriate consultation in accordance with clause 37—Consultation about major workplace change regarding the classification structure.
(a) Where employees have completed a qualification recognised in the Printing and Graphic Arts Training Package and in Table A of clause 17—Minimum rates and classification structure, and are using the skills and knowledge gained from that qualification in accordance with the needs of the enterprise, then they must, as a minimum be classified at the level specified in Table A of clause 17—Minimum rates and classification structure.
(b) Clause 23.2(a) also applies to a qualification which has been recognised by an Industry Skills Council or a Federal or State Training Authority which is equivalent to a qualification recognised in the Printing and Graphic Arts Training Package and in Table A of clause 17—Minimum rates and classification structure.
(c) Employees will transfer into the classification structure on the basis of the alignment of classifications to qualifications as outlined in Table A of clause 17—Minimum rates and classification structure.
(d) Employees can receive a qualification through recognition of prior learning and/or overseas qualifications where that prior learning and/or overseas qualification is recognised by an Industry Skills Council or a Federal or State Training Authority as being equivalent to a qualification in the Printing and Graphic Arts Training Package and in Table A of clause 17—Minimum rates and classification structure.
23.3 Classification of employees without a formal AQF qualification
(a) Subject to clause 23, employees will be classified on the basis that they meet the requirements of the classification definitions in Schedule A—Classification Definitions.
(b) Only skills and knowledge which are being used in accordance with the needs of the enterprise will be taken into account for classification purposes.
(c) An employee without a formal AQF qualification who as at the date of 19 August 2019 was classified at a particular level in Schedule A—Classification Definitions will not by reason of the variation suffer a reduction in classification.
24.2 Any direction issued by an employer pursuant to clause 24.1 must be consistent with the employer’s responsibilities to provide a safe and healthy working environment.
24.3 Change of shifts
Where appropriate, procedures enabling the continuous running of machines during shift changeovers will be implemented.
24.4 Starting times
Starting and finishing times of individual employees within a plant or section may be staggered to ensure maximum plant capacity utilisation.
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.
Wages must be paid weekly or fortnightly as determined by the employer. Wages may be paid 4 weekly or monthly if agreed with an individual employee.
25.2 For an employee whose ordinary hours of work are arranged so that the employee works a constant number of hours each week, wages will be paid according to the actual ordinary hours worked each week.
25.3 For an employee whose ordinary hours of work are arranged so that the employee works an average number of ordinary hours each week during a particular work cycle, wages will be paid according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in a particular week of the work cycle.
25.4 Wages will be paid in cash, cheque or electronic funds transfer (as determined by the employer) provided that wages made by electronic funds transfer will be credited to an employee’s bank or financial institution account without cost to the employee at the time of transfer.
25.5 If an employee is paid wages by cash and wages are not paid within ordinary working hours, all non-working time during which an employee is kept waiting for payment of wages will be paid at 150% of the ordinary hourly rate. The penalty in clause 25.5 will not apply where the delay is beyond the employer’s control.
25.6 Rostered day off falling on payday
An employee whose rostered day off falls on payday will be paid their wages no later than the employee’s ordinary working day immediately following payday. Provided that, where the employee is able to make suitable arrangements, wages may be paid on the working day preceding payday. This provision does not apply to employees paid by electronic funds transfer.
25.7 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other monies that are due to the employee under this award.
(b) The employer must pay an employee all amounts due to the employee under the NES no later than 7 days after the day on which the employee’s employment terminates.
(c) The requirement to pay wages and other amounts under clauses 25.7(a) and 25.7(b) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 25.7(c) allows the Commission to make an order delaying the requirement to make a payment under clauses 25.7(a) or 25.7(b). 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 PR729469, PR729281, PR740875, PR740703, PR762135, PR762299, PR773911, PR774079]
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.
26.1 Employers must pay to an employee the allowances the employee is entitled to under clause 26.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) All-purpose allowances
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) Visual display terminal allowance (clause 26.2(b)); and
(ii) Inserting allowance (clause 26.2(c)).
(b) Visual display terminal allowance
[26.2(b)(i) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
(ii) To be paid the allowance an employee will be trained and/or have been engaged on a visual display terminal in production on a fully integrated online front end system for advertising and/or editorial input.
(iii) An apprentice will only be paid the allowance from the commencement of the third year of apprenticeship where the apprentice is engaged in production.
[26.2(c) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
An allowance of $30.97 per week will be paid to a Level 2 employee in a newspaper office engaged in manual inserting work.
[26.2(d) varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
An allowance of $20.96 per week is payable to an employee who is the current holder of appropriate workplace first aid qualifications, if appointed by their employer to perform first aid duty.
26.3 Expense-related allowances
[26.3(a) varied by PR729469, PR740875, PR762299, PR774079 ppc 01Jul24]
A meal allowance of $18.53 is payable on each occasion where:
(ii) an employee or an adult apprentice (other than a junior or an apprentice) has been notified of overtime and then is not required to work overtime;
(iii) a junior or an apprentice (other than an adult apprentice) is required to work overtime for more than one and a half hours;
(iv) an employee works overtime for 3 hours after the employee’s ordinary finishing time and does not take a meal break in accordance with clause 28.6—Meal period during overtime; or
(v) an employee takes a subsequent meal break in accordance with clause 28.6—Meal period during overtime when working overtime.
Clause 26.3(a) does not entitle an employee to more than one meal allowance per day or shift.
(b) Protective clothing and equipment
If an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory, the employer must reimburse the employee for the cost of purchasing the special clothing and equipment unless the clothing and equipment is paid for by the employer.
(c) Uniform or clothing
If an employee is required to wear any uniform or clothing (other than that specified in clause 26.3(b)) the employer will reimburse the employee for the cost of purchasing and/or maintaining the uniform and/or clothing. Instead of reimbursement, the employer may provide, maintain and clean the uniform in good repair without cost to the employee.
(d) Transport of employees
An employee that works overtime or a shift which they have not been regularly rostered on and finishes work at a time when reasonable means of transport is not available, the employer must:
(i) provide the employee with transport home; or
(ii) pay the employee at the overtime rate for the time reasonably occupied in reaching home.
(a) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training agreed to by the employer must be reimbursed by the employer upon production of evidence of the expenditure by the employee, provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.
(b) Travel costs incurred by an employee undertaking training agreed to by the employer which exceed those normally incurred in travelling to and from work must be reimbursed by the employer.
[Varied by PR771293]
27.1 Superannuation legislation
[27.1 substituted by PR771293 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 27 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 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.
27.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 27.3(a) or 27.3(b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 27.3(a) or 27.3(b) was made.
27.4 Superannuation fund
[27.4 varied by PR771293 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 27.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 27.2 and pay any amount authorised under clauses 27.3(a) or 27.3(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) Media Super; or
(b) AustralianSuper; or
(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice superannuation fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
28. Overtime and penalty rates
[Varied by PR763222]
(a) Subject to section 62 of the Act and clause 28.1, 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 28.1 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 13—Ordinary hours of work and rostering in this award inserted pursuant to section 63 of the Act, that applies to the employee; and
(x) any other relevant matter.
(a) All work performed by an employee:
(i) in excess of or outside the hours mentioned in clause 13—Ordinary hours of work and rostering, and clause 14—Special provisions for shiftwork employees; or
(ii) in excess of the employee’s ordinary hours, will be overtime and will be paid for at the rates in clause 28.2(b).
(b) Overtime will be paid at the following rates:
|
|
Full-time or part-time employee % of the overtime hourly rate |
Casual employee % of the overtime hourly rate |
|
First 3 hours |
150% |
150% |
|
After 3 hours |
200% |
200% |
NOTE: The overtime hourly rates for casual employees include the casual loading prescribed by clause 11.1(a).
28.3 Overtime work on a Saturday or a Sunday
(i) for a full-time or part-time employee—200% of the overtime hourly rate;
(ii) for a casual employee—200% of the overtime hourly rate.
NOTE: The overtime hourly rate for casual employees includes the casual loading prescribed by clause 11.1(a).
(b) Minimum engagement/payment for work on a Saturday or a Sunday
An employee who has been notified by the employer of the requirement to work overtime on a Saturday (not being work which is continuous with work which commenced on a Friday) or on a Sunday and reports to work and is ready, willing and able to perform work, will be provided the following minimum engagements/payments at the rate of 200% of the overtime hourly rate:
(i) Saturday—2 hours or 2 hours pay;
(ii) Sunday—4 hours or 4 hours pay.
(c) Overtime on a Saturday or Sunday—Shiftworkers
Except as provided for in clause 13—Ordinary hours of work and rostering, or clause 14—Special provisions for shiftwork employees, the provisions of clauses 28.3(a) and 28.3(b) will apply to a shiftwork employee provided that a shiftwork employee required to work overtime on a Saturday immediately after the finishing time of their ordinary working hours which commenced on a Friday will be paid in accordance with clause 28.2.
28.4 Work on a rostered day off
Work on a rostered day off is overtime and is paid at the rate of 150% of the overtime hourly rate for the first 3 hours and 200% of the overtime hourly rate after 3 hours.
An employee required to work on a public holiday will be paid at the rate prescribed in clause 36—Public holidays.
28.6 Meal period during overtime
(b) Notwithstanding clause 28.6(a) where an employee working overtime can complete their work within 3 hours after their ordinary finishing time they may continue to work for that period without a break for a meal provided that they do not work for more than 6.5 hours from their previous meal break.
(c) Where overtime is worked before the ordinary hour of commencing work and such overtime is of one and a half hours or more the employee will, within 5 hours of the commencement of such overtime, be required to take a meal period of half an hour without deduction of pay. Nothing in clause 28.6 will in any way affect the taking by the employee of their ordinary meal period prescribed by this award.
An employee who has worked overtime will be informed that they are entitled to and be granted a break of at least 10 hours between the time of finishing work and the time when they next commence work, and no deductions will be made from their pay because of any time lost by reason of this break. Where the employee is required to work before they have completed the break of 10 hours they will be paid at the following rates for all time worked until they have had a break of at least 10 hours:
(a) for a full-time or part-time employee—200% of the overtime hourly rate;
(b) for a casual employee—200% of the overtime hourly rate.
NOTE: The overtime hourly rate for casual employees includes the casual loading prescribed by clause 11.1(a).
(b) Notwithstanding clause 28.8(a) an employer and the majority of employees in the workplace or a section or sections of the workplace, may agree to a break of 10 hours. Where this agreement is made an employee may not work more than 13 consecutive days without a minimum break of 36 hours before the employees next day’s work or shift. Such an agreement must be recorded in the time and wages book. This is not subject to clause 7—Facilitative provisions.
(c) An employer will not insist on the employee working where the employee discloses that the employee is not free to work and discloses a good reason for the inability to work.
(d) The provisions of clause 28.8 will not apply where an agreement has been reached pursuant to clauses 13.3(e)(ii), 13.4(c)(ii) and 13.5(e)(ii) to introduce a 7 day shift operation.
28.9 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 28.9(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 28.9 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 28.9 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 28.9 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 28.9 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 28.9(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 28.9 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 28.9 will apply, including the requirement for separate written agreements under clause 28.9(b) for overtime that has been worked.
[Note varied by PR763222 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 28.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 28.9.
29.2 Except as otherwise provided in clauses 29.4 and 29.5, an employee called back will be paid one hour’s ordinary pay for the call back and, in addition, will be paid as provided in clause 29.3.
(a) left their place of residence, be paid in accordance with clause 29.3 as if they had in fact started work; or
(b) not left their place of residence, be paid one hour’s ordinary pay.
29.5 The provisions of clause 29 will not apply where notification is given after the employee’s last occurring working day immediately preceding a weekend or rostered period off greater than 48 hours that they are required to report for overtime work prior to their normal commencing time on the first working day after that weekend or rostered period off and such overtime work:
(a) does not exceed 30 minutes; and
(b) is continuous with the commencement of their ordinary working time.
30.1 A stand-by for work is that period of time when an employee is required by their employer to hold themselves in readiness to perform work outside of their ordinary working hours but is not required to be at their place of employment during that period of stand-by. Provided arrangements are made between the employer and the employee as to where the employee may be contacted by the employer and meet the employer’s request to report for work if necessary or be released from standing by for work, the employee’s movements during the period of stand-by will be unrestricted.
30.2 For all time an employee is required to stand-by for work they will be paid as follows:
(a) weekly employees at the rate of the employee’s minimum hourly rate as prescribed by this award; or
(b) casual employee, at the hourly rate prescribed in clause 11.1 for day work.
30.3 An employee required to stand-by for work at their place of employment will be paid as though they were working as follows:
(a) if the stand-by is during ordinary hours of work, payment will be made at and be part of their ordinary wage; or
(b) if the stand-by is during overtime hours, the time will be included as part of their period of overtime and payment will be made at the appropriate rate of pay as prescribed in clause 28—Overtime and penalty rates.
Part 6—Leave and Public Holidays
31.1 Annual leave is provided for in the NES. Casual employees are not entitled to paid annual leave.
31.2 Notwithstanding clause 28.5, employees engaged in a daily newspaper office, in circumstances where they work the prescribed public holidays, may, by agreement between the employer and an employee or employees, be credited with an extra 2 weeks and 3 days’ annual leave instead of any penalty provision as provided for by clauses 36.3 or 36.4. Where there is an agreement between an employer and an employee under clause 36.2, clause 31.2 applies to the employee instead of clause 31.4.
31.3 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in the NES to an hourly entitlement for administrative ease (i.e. 152 hours for a full-time employee entitled to 4 weeks’ annual leave and 190 hours for a shiftworker as defined in clause 31.4).
31.4 Definition of shiftworker
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.
31.5 Payment for period of annual leave
(a) Instead of the base rate of pay as referred to 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.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
31.6 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 31, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
(a) During a period of annual leave an employee must also be paid a loading calculated on the wages prescribed in clause 31.5.
(b) The loading must be as follows:
(i) Day work
An employee who would have worked on day work only had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 31.5.
Notwithstanding clauses 31.5(b) and 31.5(c), an employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 31.5 or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.
(iii) Night work in a newspaper office
Notwithstanding clauses 31.5(b) and 31.5(c), an employee who would have worked on night work had they not been on leave must be paid a loading of 17.5% plus an amount equal to the average of all night work allowances paid to the employee in a newspaper office over the whole of the qualifying period for the employee’s annual leave.
31.8 Excessive leave accruals: general provision
NOTE: Clauses 31.8 to 31.10 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 31.4).
(c) Clause 31.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 31.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
31.9 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 31.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 31.9(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 31.8, 31.9 or 31.10 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 31.9(a) that is in effect.
(d) An employee to whom a direction has been given under clause 31.9(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 31.9(d) may result in the direction ceasing to have effect. See clause 31.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
31.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 31.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 31.10(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 31.9(a) that, when any other paid annual leave arrangements (whether made under clause 31.8, 31.9 or 31.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 31.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 31.8, 31.9 or 31.10 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 31.10(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 31.4) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 31.10(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 31.11 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 31.11 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 31.11, 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.
31.12 Direction to take annual leave during shutdown
[31.12 renamed and substituted by PR751050 ppc 01May23]
(a) Clause 31.12 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or a majority of the employees in the enterprise or part concerned (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 31.12(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 31.12(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 31.12(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 31.12(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 31.11.
(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 31.11, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 31.8 to 31.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 31.12.
31.13 Payment of leave on termination of employment
On termination of employment, an employee must be paid for leave accrued that has not been taken at the appropriate wage calculated in accordance with clause 31.5.
31.14 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 31.14.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 31.14.
(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 31.14 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 31.14 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 31.14 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 31.14.
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 31.14.
NOTE 3: An example of the type of agreement required by clause 31.14 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out Schedule G—Agreement to Cash Out Annual Leave.
32. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
33. Parental leave and related entitlements
[33 varied by PR763222 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 39—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
35. Family and domestic violence leave
[35—Unpaid family and domestic violence leave renamed and substituted by PR750474 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 PR747562]
36.1 Public holidays are provided for in the NES.
· New South Wales—the Tuesday after Easter Monday;
· Victoria—Melbourne Cup Day;
· Tasmania—Recreation Day.
[36.3 varied by PR747562 ppc 14Nov22]
36.3 An employee required to work on a public holiday or a substitute day or part-day, as provided for in the NES or clause 36.5, will be paid as follows with a minimum payment of 4 hours:
|
For ordinary hours |
250% of the ordinary hourly rate |
|
For overtime |
250% of the ordinary hourly rate |
Provided that:
|
For ordinary hours |
250% of the ordinary hourly rate |
|
For overtime |
250% of the ordinary hourly rate |
|
For ordinary hours |
250% of the ordinary hourly rate |
|
For overtime |
250% of the ordinary hourly rate |
36.4 Where a weekly employee in a non-daily or daily newspaper office, other than an employee listed in clauses 36.3(a) and 36.3(b), is required to work on a public holiday they will be given a day off instead within 7 days of the holiday occurring or be paid as follows with a minimum payment of 4 hours:
|
For ordinary hours |
200% of the ordinary hourly rate |
|
For overtime |
200% of the ordinary hourly rate |
Provided clause 36.4 applies instead of the provisions in clause 36.3.
36.5 Substitution of certain public holidays by agreement at the enterprise
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
36.6 Rostered day off falling on public holiday
(a) Except as provided for in clauses 36.6(b) and 36.6(c) and where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and the day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:
(i) 7 hours and 36 minutes’ pay at the ordinary time rate; or
(ii) 7 hours and 36 minutes’ extra annual leave; or
(iii) a substitute day off on an alternative week day.
(b) Where an employee has credited time accumulated pursuant to clauses 13.3(a)(iii), 13.4(a)(ii), 13.5(b)(iii), 13.6(a)(ii) and 13.7(b) then the credited time should not be taken as a day off on a public holiday.
(c) If an employee is rostered to take credited time accumulated pursuant to clauses 13.3(a)(iii), 13.4(a)(ii), 13.5(b)(iii), 13.6(a)(ii) and 13.7(b) as a day off on a week day and the week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.
(d) Clauses 36.6(b) and 36.6(c) do not apply in relation to days off which are specified in an employee’s regular roster or pattern of ordinary hours as clause 36.6(a) applies to the days off.
36.7 Part-day public holidays
[36.7 substituted by PR747562 ppc 14Nov22]
(a) If a public holiday is a part-day public holiday, then clause 36 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(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 clauses 36.3 and 36.4.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774731 from 01Jul24]
36A. Workplace delegates’ rights
[36A inserted by PR774731 from 01Jul24]
36A.1 Clause 36A 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 36A.
36A.2 In clause 36A:
(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.
36A.3 Before exercising entitlements under clause 36A, 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.
36A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
36A.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.
36A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 36A.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.
36A.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 36A.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.
36A.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.
36A.9 Exercise of entitlements under clause 36A
(a) A workplace delegate’s entitlements under clause 36A 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 36A 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 36A 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 36A.
36A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 36A, the entitlement under the other clause applies instead of the entitlement under clause 36A.
37. Consultation about major workplace change
37.1 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.
37.2 For the purposes of the discussion under clause 37.1(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.
37.3 Clause 37.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
37.4 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 37.1(b).
37.5 In clause 37 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.
37.6 Where this award makes provision for alteration of any of the matters defined at clause 37.5, such alteration is taken not to have significant effect.
38. Consultation about changes to rosters or hours of work
38.1 Clause 38 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.
38.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 38.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
38.4 The employer must consider any views given under clause 38.3(b).
38.5 Clause 38 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 PR763222, PR777253, PR777988]
39.1 Clause 39 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
39.3 If the dispute is not resolved through discussion as mentioned in clause 39.2, 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.
39.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 39.2 and 39.3, a party to the dispute may refer it to the Fair Work Commission.
39.5 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.
39.6 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.
39.7 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 39.
39.8 While procedures are being followed under clause 39 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.
39.9 Clause 39.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763222; deleted by PR777988 from 26Aug24]
[Note inserted by PR777988 from 26Aug24; varied by PR777253 from 27Aug24]
NOTE: In addition to clause 39, 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 |
40. Dispute resolution procedure training leave
40.1 Subject to the provisions of clause 40 a union delegate or duly elected employee representative will be entitled to up to 5 days’ training leave with pay each calendar year, non-cumulative, to receive training directed at the enhancement of the operation of dispute settling procedures.
40.2 The amount of training leave an employer may be requested to approve per 12 month period will depend on the number of weekly employees employed and will be in accordance with the following table:
|
Number of employees |
Number of delegates or duly elected employee representatives |
|
1–10 |
1 (3 days training leave) |
|
11–20 |
1 (5 days training leave) |
|
21–30 |
2 (5 days training leave each) |
|
31–50 |
3 (5 days training leave each) |
|
51–90 |
4 (5 days training leave each) |
|
more than 90 |
5 (5 days training leave each) |
40.3 Training leave will be granted upon an application in writing to the employer requesting such leave. The application to the employer must include the nature, content and duration of the course to be attended.
40.4 The granting of leave pursuant to clause 40 will be subject to the employer being able to make adequate staffing arrangements among current employees during the period of the leave. However an employer must not use clause 40.4 to avoid an obligation under clause 40.
40.5 An employee must provide at least 4 weeks’ notice of intention to take training leave, unless the employer agrees to a lesser period of notice.
40.6 While on training leave, the employee will be paid all ordinary time earnings. For the purposes of clause 40.6, ordinary time earnings means the wage rate for the classification, over-award payment and shift loading which otherwise would be payable.
40.7 Training leave granted under clause 40 will count as service for all purposes of this award.
40.8 All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided for in clause 40 will be the responsibility of the employee or the union.
40.9 Only employees who have completed 6 months’ continuous service with their current employer will be eligible for such leave.
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.
41.1 Notice of termination by an employee
(a) Clause 41.1 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 41.1(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 41.1(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 41.1(b), then no deduction can be made under clause 41.1(d).
(f) Any deduction made under clause 41.1(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 41.2 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.
42.1 Transfer to lower paid duties on redundancy
(a) Clause 42.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 42.1(c).
(c) If the employer acts as mentioned in clause 42.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
42.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 42 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.
42.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 42.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 42.3(b).
(d) An employee who fails to produce proof when required under clause 42.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 41.2.
Schedule A—Classification Definitions
The definitions for the classification levels are as follows:
A.1 Level 1
An employee at this level is undertaking up to 38 hours of induction training. This does not restrict or limit the employment of new employees at a higher level should they be accepted as possessing experience or skills appropriate to a higher level.
An employee at this level:
· performs elementary routine duties of a repetitive nature;
· works under direct supervision;
· is aware of the tasks required at level 2;
· observes safe work practices;
· undertakes literacy and numeracy training (if required) to perform tasks functionally; and
· undertakes training so as to enable them to work at level 2.
On the completion of the required training, the employee will be reclassified to level 2.
A.2 Level 2
Employees at this level perform work above the skills of an employee at level 1 to the level of their competence, skill and training.
An employee at this level will be capable of:
· having an orientation to machinery and equipment;
· assisting with preparation of basic machines;
· operating materials handling equipment;
· undertaking housekeeping and routine maintenance cleaning;
· having a basic knowledge of computer-controlled systems as it relates to their work;
· understanding and applying work health and safety practices and existing procedures applying in their work area at their level of training;
· understanding and applying existing work procedures applying in their work area to their level of training;
· following instructions;
· understanding quality standards of the enterprise applying in their work area;
· working under direct supervision to the level of training or skills held;
· being a member of and understanding operating guidelines of their workgroup/team; and
· potentially assisting in on-the-job training of others in their area by way of explanation and demonstration.
Indicative tasks at this level may include:
· assisting with make ready of basic machines;
· repetition work on automatic, semi-automatic or single purpose machines or equipment;
· repetitive work of a basic nature such as maintaining simple records and single purpose functions as in manual folding, perforating, stacking, inserting and paging;
· housekeeping and routine maintenance cleaning.
A.3 Level 3
Employees at this level perform work above the skills of an employee at level 2 to the level of their competence, skill and training.
An employee at this level will be capable of:
· following written or verbal instructions;
· having knowledge of computer controlled systems as it relates to their work area;
· understanding and applying existing work procedures applying in their area;
· performing housekeeping functions within immediate area; this may include lubricating equipment under direction;
· assisting in forward planning materials and equipment for next job;
· identifying quality variations;
· recognising when problems arise and referring appropriately in own work area;
· being a member of and understanding the operating guidelines of their work group/team;
· undertaking work prescribed on a task basis through written and verbal instructions and with continuous presence of a skilled operative;
· working under direct supervision; and
· assisting in the on-the-job training of others up to this level by way of explanation and demonstration in conjunction with skilled operators and supervisor.
Indicative tasks at this level may include:
· routine setting, adjustment and operation of basic similar pieces of equipment such as plastic laminating machine;
· assisting with basic duties on a printing machine under direct supervision by cleaning, washing up of ink ducts, blankets and impression cylinders, stacking and removing delivery, stack on sheet fed press;
· applying work health and safety practices and environmental protection procedures;
· operating computer-controlled systems using basic keyboard skills as it relates to their work area;
· operating of non-licensed materials handling equipment;
· matching of product against quality standards within own work area;
· operating an envelope cutter and/or die cutter, marking and laying out;
· storing and packing of goods and materials in accordance with appropriate procedures and/or regulations, preparation and receipt of appropriate documentation, allocating and retrieving goods from specific warehouse areas, basic visual display unit operation, periodic housekeeping and stock checks; and
· assisting in the on-the-job training of others up to this level in conjunction with skilled operators and a supervisor.
A.4 Level 4
Employees at this level perform work above the skills of an employee at level 3 to the level of their competence, skill and training. An employee at this level may have completed an AQF Certificate Level II or equivalent training qualification.
An employee at this level will be capable of:
· working to written instructions and issuing verbal instructions;
· forward planning materials and equipment required for next job;
· identifying quality variation by matching product against quality standard within own work area;
· understanding of routine and preventive maintenance procedures and applying them in their work;
· participating in and contributing to work group or team decision making, problem solving and team operating; and
· understanding the enterprise’s production processes and products and the administrative and organisational procedures as they relate to the immediate work area.
Indicative tasks at this level may include:
· machine setting, adjustment and operation on a variety of equipment;
· applying work health and safety practices, environmental protection procedures;
· assisting in on-the-job training of others up to this level in conjunction with skilled adults and supervisors;
· lubricating of production machinery equipment;
· inventory and store/warehouse control including licensed operation of all appropriate materials handling equipment; use of tools and equipment within the warehouse; basic non-trades maintenance; visual display unit operation;
· operating computer controlled systems using intermediate keyboard skills as it relates to their work area; and
· maintaining established paper-based filing and records system in accordance with set procedures including creating and indexing new files, distributing files within the organisation as requested and monitoring file locations.
A.5 Level 5
Employees at this level perform work above the skills of an employee at level 4 to the level of their competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level III or equivalent training qualification.
An employee at this level will be capable of:
· understanding the enterprise’s production process and products, and administrative and organisational procedures as they relate to the work area;
· providing informal on-the-job training to the level of their training and skill;
· identifying quality variations of products and/or materials in the production process for conformity with established production standards, making adjustments to maintain quality standards;
· having a working knowledge of routine and preventative maintenance procedures;
· solving straightforward problems based on set procedures or factual information;
· operating a computer-controlled system as an integral aspect of work to their level of training and accredited skill;
· working under minimal supervision;
· exercising discretion, work guided by general work processes and procedures;
· being responsible for the work of others under their supervision;
· being a member of and understanding operating guidelines of a work group or team;
· working to written instructions and working to and issuing verbal instructions; and
· understanding and applying work health and safety and safe working practices and environmental protection in their own work area.
Indicative tasks at this level may include:
· setting, adjusting and operating a range of equipment in one of either pre-press, press or post-press areas;
· having a sound knowledge of the employer’s operations as they relate to the production process;
· understanding and applying computer techniques as they relate to production process operations;
· making adjustments to maintain quality standards;
· forward planning material and equipment for next job;
· undertaking maintenance to the level of their training and accredited skill including lubrication, elementary diagnosis of faults, routine adjustments and reporting on worn or damaged parts;
· high level stores and inventory responsibility beyond the requirements of an employee at level 4;
· formatting complex documents including technical data, technical language, tables, graphics, design variable type face;
· producing documents requiring specific form or to comply with regulations or standards; and
· undertaking basic art and design to their level of training and accredited skill.
A.6 Level 6
Employees at this level perform work above the skills of an employee at level 5 to the level of their competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level III or equivalent training.
An employee at this level will be capable of:
· having a general knowledge of enterprise processes and procedures impacting on their own area;
· providing on-the-job training to the level of their training and accredited skill;
· having knowledge of problem-solving techniques and procedures in their own area;
· identifying quality variations of products and/or materials in the production process for conformity with established production standards;
· making adjustments to maintain quality standards;
· exercising limited discretion, work guided by general work processes and procedures;
· having a working knowledge of routine and preventive maintenance procedures;
· undertaking maintenance procedures;
· participating in, developing and implementing appropriate work health and safety and environmental protection practices in their area of work;
· participating in and contributing to work, group or team decision making, problem solving and team operation;
· being responsible for the work of others under their supervision; and
· working under minimal supervision.
Indicative tasks at this level may include:
· set up and operation of machines of a complex nature in one of either the pre-press, press or post-press area;
· forward planning materials and equipment for next job;
· making adjustments to maintain quality standards;
· providing trade guidance and assistance as part of a work team;
· operating a computer controlled system as an integral aspect of work to their level of training and accredited skill;
· undertaking maintenance procedures to the level of their training and skill including lubrication, elementary diagnosis of faults, routine adjustments and assisting with the replacement of parts and equipment;
· applying knowledge of desk-top publishing to integrate complex documents;
· maintaining control registers including inventory control and being responsible for the preparation and reconciliation of regular reports and stock movement; and
· undertaking intermediate art and design to their level of training and accredited skill.
A.7 Level 7
Employees at this level perform work above the skills of an employee at level 6 to the level of their competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level III or equivalent training.
An employee at this level will be capable of:
· having the skills and knowledge to set up and operate machines of a complex nature in one of either pre-press, press or post-press areas; may have general knowledge of other functional areas impacting on their own;
· having a thorough knowledge of enterprise’s processes and procedures impacting on own area;
· working under minimal supervision either individually or in a team;
· operating a computer-controlled system as an integral aspect of work to their level of training and accredited skill;
· undertaking routine and preventive maintenance to the level of their training and accredited skill;
· participating in, developing and implementing appropriate work health and safety and environmental protection practices in their area of work;
· co-ordinating work in a team environment; and
· identifying quality variations of products and/or materials in the production process for conformity with established production standards contributing to diagnosis of quality variations and making adjustments to maintain quality standards.
Indicative tasks at this level may include:
· set up, adjustment and operating of machines of a complex nature in one of either pre-press, press or post-press areas;
· providing trade guidance and assisting as part of a work team;
· assisting in the provision of training in conjunction with supervisors and trainers;
· removing and replacing specific assemblies in immediate work area;
· allocating tasks to team members in order to meet planned production requirements and being responsible for the work of others under their supervision;
· evaluating usefulness or applicability of software programs (using existing software programs) and recommending solutions to meet new or different application requirements; and
· undertaking complex art and design to their level of training and accredited skill.
A.8 Level 8
Employees at this level perform work above the skills of an employee at level 7 to the level of their competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level IV or equivalent training.
An employee at this level will be capable of:
· having a thorough knowledge of production processes and procedures in own area and general knowledge of downline processes;
· working under minimal supervision and demonstrating a high level of proficiency;
· undertaking routine production scheduling and materials handling within the scope of their area of work to maintain planned production requirements;
· monitoring, evaluating and reporting quality variations within a broad work area;
· having a knowledge of process, problem solving techniques and procedures and exercising initiative and judgment in solving day-to-day operational problems;
· exercising considerable discretion; work is guided by company precedents and policies; work procedures may be adopted to meet production requirements;
· operating a computer-controlled system as an integral aspect of routine work to their level of training and accredited skill;
· undertaking routine and preventative maintenance to the level of their training and accredited skill;
· removing and replacing assemblies/subassemblies to carry out cleaning and inspection of parts;
· participating in, developing and implementing appropriate work health and safety practices in the area of work; encouraging staff under their supervision to accept and enforce safety requirements;
· providing technical guidance and assistance to work, groups and teams;
· providing on-the-job training in conjunction with supervisors and/or trainers; and
· being responsible for the work of others under their supervision and has undertaken supervisory training.
Indicative tasks at this level may include:
· exercising high precision trade skills;
· exercising intermediate Computer-aided Design and Computer-aided manufacturing (CAD/CAM) skills in the performance of routine modifications to programs;
· creating or producing original design roughs or finished artwork from employer or clients’ instructions, either manually or by computer;
· liaising and advising internal customers and employees outside the work team;
· operating and/or co-ordinating a group of computers such as a small multi-user system or a large group of personal computers which may include operating a help desk; and
· participating in problem solving techniques and procedures and exercising initiative and judgment in solving day-to-day operational problems.
Schedule B—Summary of Monetary Allowances
[Varied by PR729469, PR729281, PR740875, PR740703, PR750776, PR762135, PR762299, PR773911, PR774079]
See clause 26—Allowances for full details of allowances payable under this award.
[B.1.1 varied by PR729281, PR740703, PR762135, PR773911 ppc 01Jul24]
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Level 5 in clause 17—Minimum rates and classification structure = $1032.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Junior apprentice proficiency payments—for the course requirement passed at that standard |
19.3(a)(i) |
0.86 |
8.88 |
per week |
|
Junior apprentice proficiency payments—for the second course requirement passed at that standard—instead of amount in clause 19.3(a)(i) |
19.3(a)(ii) |
1.72 |
17.76 |
per week |
|
Junior apprentice proficiency payments—for the third course requirement passed at that standard—instead of amount in clause 19.3(a)(ii) |
19.3(a)(iii) |
2.58 |
26.63 |
per week |
|
Visual display terminal allowance1 |
26.2(b)(i) |
5.0 |
51.62 |
per week |
|
Inserting allowance1 |
26.2(c) |
3.0 |
30.97 |
per week |
|
First aid allowance |
26.2(d) |
2.03 |
20.96 |
per week |
1 These allowances apply for all purposes of this award.
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750776 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
B.2 Expense-related allowances
[B.2.1 varied by PR729469, PR740875, PR762299, PR774079 ppc 01Jul24]
B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 26.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
26.3(a) |
18.53 |
per occasion |
B.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 |
Schedule C—School-based Apprentices
C.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.
C.4 For the purposes of clause C.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.
C.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.
C.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.
C.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.
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression.
C.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. 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.
C.10 If an apprentice converts from school-based to full-time, the successful completion of competencies 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.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule D—Supported Wage System
[Varied by PR729672, PR742256, PR762969, PR774051]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.4.2 Provided that the minimum amount payable must be not less than $106 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule H—Part-day Public Holidays deleted by PR747562 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR732054, PR736911; deleted by PR746868 ppc 17Oct22]
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