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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777255 and PR777990).
Clause(s) affected by the most recent variation(s):
11—Casual employees
13A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR737899; PR746868, PR747346, PR750482, PR774733, PR777990]
Schedule E —Agreement for Time Off Instead of Payment for Overtime.............................. 71
Part 1—Application and Operation of this Award
1.1 This award is the Horticulture Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733926, PR774733; corrected by PR776582 from 01Jul24; varied by PR777255]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 18.2(a)).
[Definition of casual employee inserted by PR733926 from 27Sep21; varied by PR777255 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774733 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
enterprise means a business, activity, project or undertaking, and includes:
· An employer that is engaged with others in a joint venture or common enterprise; or
· Employers that are related bodies corporate within the meaning of section 50 of the Corporations Act 2001 (Cth) or associated entities within the meaning of section 50AAA of the Corporations Act 2001 (Cth).
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
harvest period means the period of time during which the employees of the particular employer are engaged principally in the harvesting, grading or packing of horticultural crops.
horticultural crops includes all vegetables, fruits, grains, seeds, hops, nuts, fungi, olives, flowers, or other specialised crops unless they are specifically named as a broadacre field crop in the Pastoral Award 2020.
horticultural enterprise means an enterprise which as an important part of its enterprise engages in the raising of horticultural crops.
horticulture industry 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.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for the employee's classification specified in this award, plus any allowances specified as being included in the employee's ordinary hourly rate or payable for all purposes.
plant nurseries means the principal business of the employer is the preparation of growing media for the growing of plant material, propagation, preparation and presentation of plant material for sale.
silviculture and afforestation means the planting, pruning, fertilising and any other activities in or in connection with the establishment or cultivation of trees in forests.
[Definition of small business employer inserted by PR774733 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly rate for a Level 2 in clause 15—Minimum rates. This rate is to be used for the purposes of calculating various allowances that require a designated standard rate.
vineyard means a place where wine grapes are grown exclusively or predominantly for processing into wine.
wine industry means the industry of growing and processing wine grapes and includes:
(a) the preparation of land for the planting of wine grape vines, the planting of wine grape vines, the pruning of wine grape vines, the care, growing, treating, picking, harvesting and forwarding of wine grapes and other activities associated with a wine grape vineyard; and/or
(b) processing wine grapes, producing wine juice or grape spirit, the bottling, packaging, storage or dispatch of wine, brandy or other potable spirit, liqueurs, vinegar or grape juice and other activities associated with a winery or wine distillery including but not limited to cellar door sales, laboratory activities and making or repairing barrels, vats, casks and like articles; and/or
(c) packaging, storing and dispatching of wine or grape spirit from a warehouse facility or other place of storage associated with a winery or wine distillery.
[Definition of workplace delegate inserted by PR774733 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply. This may be achieved by making them available electronically, on a noticeboard which is conveniently located at or near the workplace, or through some other reasonable accessible means.
4.1 This industry award covers employers throughout Australia in the horticulture industry and their employees in the classifications listed in Schedule A—Classification Definitions, to the exclusion of any other modern award.
4.2 Horticulture industry means:
(b) clearing, fencing, trenching, draining or otherwise preparing or treating land or property in connection with the activities listed at 4.2(a).
4.3 Horticulture industry does not mean:
(a) the wine industry;
(b) silviculture and afforestation;
(c) sugar farming or sugar cane growing, sugar milling, sugar refining, sugar distilleries and/or sugar terminals;
(d) any work in or in connection with cotton growing or harvesting; cotton ginneries and associated depots; cotton oil mills and the extraction of oil from seed; or
(e) plant nurseries.
4.4 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.5 This award covers any employer which supplies labour on an on-hire basis in the horticulture industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award covers employers which provide group training services for trainees engaged in the horticulture industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under clause 5.11(b).
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 PR763224 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
[Varied by PR737899]
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
[7.2 varied by PR737899 ppc 28Apr22]
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.1(a)(ii) |
Ordinary hours of work—span of hours |
The majority of employees |
|
13.1(a)(iii) |
Ordinary hours of work—number per day |
The majority of employees |
|
14.1(a) |
Meal breaks |
An individual |
|
14.2(b) |
Rest breaks |
An individual |
|
21.2(a) |
Time off instead of payment for overtime |
An individual |
|
21.3(c) |
Payment of overtime—work on a Saturday |
The majority of employees |
|
22.3 |
Annual leave—conversion to hourly entitlement |
The majority of employees |
|
22.10 |
Annual leave—paid leave in advance |
An individual |
|
22.12 |
Cashing out of annual leave |
An individual |
|
27.2 |
Substitution of certain public holidays by agreement |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time employment;
(b) part-time employment; or
(c) casual employment.
8.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
10.1 A part-time employee is an employee who:
(a) is engaged to work an average of less than 38 ordinary hours per week; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 Subject to clause 15.2, for each ordinary hour worked, a part-time employee will be paid no less than the ordinary hourly rate for the relevant classification.
10.4 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate in accordance with clause 21—Overtime.
[Varied by PR733926, PR777255]
[11.1 deleted by PR733926 from 27Sep21]
[11.2 renumbered as 11.1 by PR733926 from 27Sep21]
11.1 A casual employee’s ordinary hours of work are the lesser of an average of 38 hours per week or the hours the employer requires the employee to work.
[11.3 renumbered as 11.2 by PR733926 from 27Sep21]
(a) Subject to clause 15.2, for each hour worked, a casual employee must be paid:
(i) the ordinary hourly rate; and
(ii) a loading of 25% of the hourly rate,
for the classification in which they are employed.
[11.4 renumbered as 11.3 by PR733926 from 27Sep21]
11.4 Changes to casual employment status
[11.5 renumbered as 11.4 and renamed and substituted by PR733926, renamed and substituted by PR777255 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 30—Dispute resolution.
Employees will be classified in accordance with the classification descriptions contained in Schedule A—Classification Definitions.
13. Ordinary hours of work and rostering arrangements
13.1 Ordinary hours and roster cycles
(a) The ordinary hours of work for all full-time and part-time employees other than shiftworkers will not exceed 152 hours over a 4 week period provided that:
(i) The ordinary hours will be worked:
· between Monday and Friday inclusive; or
· between Monday and Saturday inclusive by arrangement between the employer and the majority of employees in the section/s concerned.
(iv) All time worked by full-time and part-time employees in excess of the ordinary hours or outside of the ordinary hours will be deemed overtime.
13.2 The ordinary hours of work for casual employees other than shiftworkers will not exceed 304 ordinary hours over an 8 week period provided that:
(a) Ordinary hours of work for casual employees can be worked at any time.
(d) Each ordinary hour worked by a casual employee on any day of the week (excluding public holidays) between 8.31 pm and 4.59 am (or 7.31 pm and 3.59 am in accordance with clause 13.2(c)) will attract a loading of 15% of the employee’s ordinary hourly rate for his or her classification (in addition to the casual loading of 25%).
(e) The maximum number of ordinary hours which a casual employee may work per engagement, or on any day, is 12 ordinary hours.
(f) All time worked in excess of 12 hours per engagement, 12 hours in a single day or 304 ordinary hours over an eight week period will be deemed overtime.
(a) The ordinary hours will be worked between Monday and Friday inclusive.
(b) For the purposes of this award:
(i) afternoon shift means any shift finishing after 6.00 pm and at or before midnight; and
(ii) night shift means any shift finishing after midnight and at or before 8.00 am.
(c) If an employee is directed to work on shifts the shift must not exceed 8 hours without the payment of overtime.
(d) Shiftworkers whilst on afternoon and night shifts will be paid 115% of the ordinary hourly rate.
(e) Where shiftwork is adopted, shifts will, as far as practicable, rotate regularly so that:
(i) where 2 shifts are worked, one will be regarded as day shift and the second as the afternoon or night shift; or
(ii) where 3 shifts are worked they will be divided into day, afternoon and night shifts.
(f) The employer has the right to decide before the commencement of such shiftwork which of the shifts will be the day shift and will notify each employee accordingly.
(g) The employer will keep a roster at the workplace that specifies the times which each shift will commence and finish and which shifts are deemed to be day shift.
(h) All time worked in excess of the ordinary hours will be deemed overtime paid in accordance with clause 21—Overtime.
13A. Employee right to disconnect
[13A inserted by PR777990 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.
(b) All work performed on the instruction of the employer during a recognised meal break will be paid for at 200% of the appropriate ordinary hourly rate. Such payment will continue until the employee is released for a meal break of not less than 30 minutes.
(a) Employees will be allowed a paid rest break of 10 minutes each day or shift.
14.3 10 hour break after ceasing work for the day
(b) Overtime rates will be paid in accordance with clause 21—Overtime for work required to be performed where an employee has not had the 10 hour break until such time as the employee is released and able to take the 10 hour break.
[Varied by PR729283, PR737899, PR740707, PR762137, PR773913]
15.1 Adult employee minimum rates
[15.1(a) varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
(a) The classifications and minimum rates for an adult employee are set out in the following table:
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate1 |
|
|
$ |
$ |
|
Level 1 |
891.50 |
23.46 |
|
Level 2 |
915.90 |
24.10 |
|
Level 3 |
940.90 |
24.76 |
|
Level 4 |
974.90 |
25.66 |
|
Level 5 |
1032.30 |
27.17 |
1 Consistent with the definition for ordinary hourly rate in clause 2—Definitions all-purpose allowances need to be added to the rates in the table where they are applicable.
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
(b) For the purposes of clause 15.1(a), any entitlement to a minimum rate expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.
[15.2 renamed and substituted by PR737899 ppc 28Apr22]
(a) In clause 15.2:
(i) the average productivity of a pieceworker competent at the piecework task over a period is calculated by dividing the total output of the pieceworkers competent at the piecework task over that period by the total of the hours worked on the piecework task by the pieceworkers competent at the piecework task over that period (where output is measured in the same unit used to specify the piece rate, for example, a punnet, bucket or kilogram);
(ii) hourly rate for the pieceworker means the minimum hourly rate for the pieceworker’s classification level plus for a casual pieceworker the 25% casual loading under clause 11.2;
NOTE: The minimum hourly rate for a junior pieceworker is worked out under clause 15.3.
(iii) pieceworker means an employee being paid a piece rate; and
(iv) pieceworker competent at the piecework task means a pieceworker who has at least 76 hours’ experience performing the task (for example, picking apples, picking strawberries or pruning grape vines).
NOTE: A pieceworker can use the employee records kept under clause 15.2(j) as evidence of their experience performing a piecework task.
(b) The following clauses of this award do not apply to a pieceworker:
(i) Clause 13—Ordinary hours of work and rostering arrangements
(ii) Clause 18.3(c)—Meal allowance; and
(iii) Clause 21—Overtime.
(c) An employer may pay a full-time, part-time or casual employee a piece rate for performing a task.
NOTE: A pieceworker is paid 200% of the piece rate for work on a public holiday (see clause.27.3).
(f) Despite any other provision of clause 15.2 a pieceworker must be paid for each day on which they work no less than the hourly rate for the pieceworker multiplied by the number of hours worked on that day.
(g) Pieceworkers are paid allowances under clause 18—Allowances (other than meal allowance) in addition to the rates payable under clauses 15.2(d), (e) and (f).
(h) Before a pieceworker begins a piecework task for an employer, the employer must give the pieceworker a written record signed by the employer (a piecework record) that must:
(i) state the date and time the piecework is to commence;
(ii) describe the task for which the piece rate will be paid;
(iii) state the amount of the piece rate;
(iv) include the following statement:
‘Under the Horticulture Award 2020 a pieceworker must be paid for each day on which they work no less than their hourly rate under the award (including the 25% casual loading for a casual pieceworker) multiplied by the number of hours worked on that day.’
and
(v) state the hourly rate for the pieceworker.
NOTE 1: A piecework record can cover more than one piecework task.
NOTE 2: An example of a piecework record is at Schedule H—Piecework record. There is no requirement to use the form of record set out in Schedule H—Piecework record.
(i) If an employer proposes to change the piece rate for a piecework task the employer must first give the pieceworker a further piecework record including the new rate.
(j) The employer must keep the following as employee records:
(i) a copy of each piecework record given to the pieceworker; and
(k) An employer must give a pieceworker or former pieceworker a copy of the employee record in clause 15.2(j)(ii) upon request.
(l) For the purposes of the NES the base rate of pay and full rate of pay of a pieceworker are the same and are worked out as follows:
(i) By dividing the total amount payable to the pieceworker under this award during the relevant period by the total hours worked by the pieceworker during the relevant period.
(ii) If the pieceworker was continuously employed by the employer for a period of 12 months or more immediately before the rate of pay is to be worked out—the relevant period is the 12 months before the rate is to be worked out. If the pieceworker was continuously employed by the employer for a period of less than 12 months immediately before the rate of pay is to be worked out—the relevant period is that period.
|
Age |
Percentage of appropriate adult rate |
|
Under 16 years of age |
50 |
|
16 years of age |
60 |
|
17 years of age |
70 |
|
18 years of age |
80 |
|
19 years of age |
90 |
|
20 years of age |
100 |
15.4 Higher duties
(b) If an employee is engaged for 2 hours or less during one day or shift on duties carrying a higher minimum rate than their ordinary classification, they must be paid the higher minimum rate for the time worked at the higher level.
15.5 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.6(b) varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Horticulture Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Period of payment
Wages must be paid weekly or fortnightly according to the actual hours worked each week or fortnight, or according to the applicable piecework payment.
16.2 Method of payment
Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
16.3 Payment on termination of employment
(a) If the employment of an employee terminates, the employer must pay an employee the following amounts in accordance with clause 16.3:
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The amounts described at clause 16.3(a)(i) must be paid to the employee:
(i) By cash or cheque on the day of termination or forwarded to the employee by post on the next working day; or
(ii) By electronic funds transfer no later than 7 days after the day on which the employee’s employment terminates.
(c) The amounts described at clause 16.3(a)(ii) must be paid to the employee:
(i) By cash or cheque on the day of termination or forwarded to the employee by post as soon as reasonably practicable and by no later than 7 days after the day on which the employee’s employment terminates; or
(ii) By electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.
(d) The requirement to pay wages and other amounts under clause 16.3 is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.3(d) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
17. Annualised wage arrangements
17.1 Annualised wage instead of award provisions
(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 17.1(c), of any or all of the following provisions of the award:
(i) clause 13.3(d)—Ordinary hours of work and rostering – shiftworkers working afternoon and night shifts;
(ii) clause 15—Minimum rates;
(iii) clause 18—Allowances;
(iv) clause 21—Overtime;
(v) clause 22.6—Annual leave loading; and
(vi) clause 27.3—Public holiday rates—other than casual employees.
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 17.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.
(e) The agreement may be terminated:
(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(ii) at any time, by written agreement between the employer and the individual employee.
17.2 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 17.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
17.3 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 15—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
[Varied by PR729283, PR729471, PR740877, PR762137, PR762301, PR773913, PR774081]
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
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) leading hand allowance (clause 18.2(b));
(ii) wet work allowance (clause 18.2(c)); and
(iii) first aid allowance (clause 18.2(d)).
[18.2(b) varied by PR729283, PR740707, PR762137 ppc 01Jul23]
A leading hand will be paid a leading hand allowance based upon the following:
|
In charge of: |
$ per week |
|
2 to 6 employees |
27.72 |
|
7 to 10 employees |
32.29 |
|
11 to 20 employees |
46.03 |
|
More than 20 employees |
57.84 |
[18.2(c)(i) varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
(i) An employee who, on any one day, is required to work in a wet place must be paid $2.41 for each hour that they are required to work in the wet place, unless provided with adequate protection.
(ii) A wet place will mean a place where the clothing of the employee becomes saturated or a place where the employee has to stand in water or slush so that the employee’s feet become wet.
[18.2(d) varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
An employee who has undertaken a first aid course and who is the holder of a current recognised first aid qualification such as a certificate from the St John Ambulance or similar body must be paid an allowance of $12.29 per week if they are appointed by the employer to perform first aid duty.
18.3 Expense-related allowances
(i) Where an employee is required to travel from one place to another, the time occupied in travelling will be counted as time worked and paid for as such.
(ii) Where an employee is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment) the employer will reimburse the employee for the demonstrable cost of suitable accommodation, unless the employer provides the employee with suitable accommodation free of charge.
(b) Tool and equipment allowance
(ii) The provisions of clause 18.3(b) do not apply where the tools and equipment are paid for by the employer.
[18.3(c)(i) varied by PR729471, PR740877, PR762301, PR774081 ppc 01Jul24]
(i) An employee will be entitled to a payment of $15.62 or will be provided a suitable meal without cost if the employee:
· is required to work overtime for more than 2 hours after the employee’s ordinary finishing time; and
· was not notified before leaving work on the previous day that the employee will be required to work overtime.
(ii) If the work extends into a second or subsequent meal break, this meal allowance will again apply.
For the purposes of clause 19, the following definitions will apply:
(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.
19.2 Entitlement to accident pay
The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum period of 26 weeks.
19.3 Calculation of the period
(a) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period.
(b) The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.
(c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.
19.4 When not entitled to payment
An employee will not be entitled to any payment under clause 19 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
If an employee entitled to accident pay under clause 19 returns to work on reduced hours or modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.
19.6 Redemptions
In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.
19.7 Damages independent of the Acts
Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’ compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 19 and the employee will not be entitled to any further accident pay thereafter.
19.8 Casual employees
For a casual employee, the weekly payment referred to in clause 19.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over-award payments.
[Varied by PR771296]
20.1 Superannuation legislation
[20.1 substituted by PR771296 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 20 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
20.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.
20.4 Superannuation fund
[20.4 varied by PR771296 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustSafe Super;
(b) Prime Super;
(c) Tasplan;
(d) Sunsuper;
(e) CareSuper;
(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
[Varied by PR763224]
All time worked by employees in excess of their ordinary hours will be deemed overtime.
21.2 Time off instead of payment for overtime
(b) An agreement made under clause 21.2 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.
(c) An agreement made under clause 21.2 must be in writing and must state each of the following:
(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(ii) that the agreement can be terminated at any time by notice in writing;
(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;
(v) that, if time off is not taken as mentioned in clause 21.2(c)(iv), 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.
NOTE: An example of the type of agreement required by clause 21.2 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 21.2 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 21.2 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 time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.2(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 unless the employer agrees to pay out the accrued overtime earlier.
(g) The employer must keep a copy of any agreement under clause 21.2 as an employee record.
(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.2 will apply, including the requirement for a written agreement under clause 21.2(c) for overtime that has been worked.
[Note varied by PR763224 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.2 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.2.
21.3 Payment of overtime—other than casual employees
(a) The rate of pay for overtime on Monday to Saturday will be 150% of the ordinary hourly rate.
(b) The rate of pay for overtime worked on a Sunday, except during harvest period, will be 200% of the ordinary hourly rate.
(d) During harvest period, the first 8 hours of overtime in a week may include 5 hours’ work on a Sunday at the rate of 150% of the ordinary hourly rate but all Sunday work in excess of the 8th overtime hour worked in the week, or in excess of 5 hours on a Sunday, will be paid at the rate of 200% of the ordinary hourly rate.
(e) All employees required to work on a Sunday will be paid for a minimum of 3 hours.
21.4 Payment for overtime—casual employees
Each hour worked in excess of 12 hours per engagement, 12 hour in a single day or 304 ordinary hours over an eight week period will be paid at a rate of 175% of the employee’s ordinary hourly rate for his or her classification (inclusive of the casual loading).
Part 6—Leave and Public Holidays
22.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.
22.2 Clause 22 contains additional and supplementary provisions.
22.3 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to 4 weeks’ annual leave).
22.4 Payment for period of annual leave
Instead of the base rate of pay as referred to in section 90(1) of the Act, an employee under this award, 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).
22.5 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
During a period of annual leave an employee must also be paid an annual leave loading equal to 17.5% of the wages prescribed in clause 22.4.
22.7 Excessive leave accruals: general provision
NOTE: Clauses 22.7 to 22.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(c) Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.8 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 22.8(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.8(d) may result in the direction ceasing to have effect. See clause 22.8(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.9 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.9(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.8(a) that, when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.9(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.9(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.10 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.10 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.10, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
22.11 Proportionate leave on termination
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 22.4.
22.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.12.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.12 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.12 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.12 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.12.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.12.
NOTE 3: An example of the type of agreement required by clause 22.12 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763224 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
25.1 Community service leave is provided for in the NES.
25.2 Reimbursement for jury service
(b) Where a part-time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment must be made to the employee in accordance with clause 25.2(a).
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750482 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 PR737899, PR747346]
27.1 Public holidays are provided for in the NES.
27.2 Substitution of certain public holidays by agreement at the enterprise
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
27.3 Public holiday rates—other than casual employees
[27.3 varied by PR737899 ppc 28Apr22]
All work performed on public holidays will be paid for at the rate of 200% of the ordinary hourly rate or 200% of the piece rate for a pieceworker.
27.4 Public holiday rates—casual employees
All hours worked by a casual employee on a public holiday (both ordinary hours and any overtime) will be paid at a rate of 225% of the employee’s ordinary hourly rate for his or her classification (inclusive of the casual loading).
[27.5 deleted by PR747346 ppc14Nov22]
Part 7—Workplace delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774733 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774733 from 01Jul24]
27A.1 Clause 27A 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 27A.
27A.2 In clause 27A:
(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.
27A.3 Before exercising entitlements under clause 27A, 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.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.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.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.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.
27A.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 27A.7(a) if:
(vi) the workplace does not have the facility;
(vii) 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
(viii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
27A.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.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A 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 27A 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 27A 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 27A.
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763224, PR777255, PR777990]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763224; deleted by PR777990 from 26Aug24]
[Note inserted by PR777990 from 26Aug24; varied by PR777255 from 27Aug24]
NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
31.1 Notice of termination by an employee
(a) Clause 31.1 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 31.1(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 31.1(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 31.1(b), then no deduction can be made under clause 31.1(d).
(f) Any deduction made under clause 31.1(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 31.2 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.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 32.1(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.
32.2 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 32 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.
32.3 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 32.3(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 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.2.
Schedule A—Classification Definitions
A.1 Level 1
A.1.1 Level 1 employee means an employee classified in accordance with the following criteria:
An employee at this level:
· undertakes induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career opportunities, plant layout, work and documentation procedures, work health and safety, equal employment opportunity and quality control/assurance;
· performs routine duties essentially of a manual nature and to the level of their training;
· exercises minimal judgment;
· works under direct supervision;
· is responsible for the quality of their own work;
· is a new employee; or is an existing employee performing work within this grade who is undertaking training so as to enable advancement to Level 2.
A.1.3 Indicative duties
Indicative of the duties an employee may perform at this level are:
· performing general labouring duties;
· fruit or vegetable picking, thinning or pruning;
· operating small towing tractor engaged in transfer of produce bins and other containers during harvest;
· performing a range of housekeeping tasks in premises and grounds;
· sorting, packing or grading of produce where this requires the exercise of only minimal judgment;
· performing basic recording functions related to work performed at this level;
· providing assistance within the scope of this level to other employees as required;
· undertaking structured training so as to enable advancement to Level 2.
A.2 Level 2 employee
A.2.1 Level 2 employee means an employee classified in accordance with the following criteria:
An employee at this level:
· has completed up to 3 months structured training so as to enable the performance of work within the scope of this level;
· works under general supervision either individually or in a team environment;
· works with established routines, methods and procedures;
· performs a range of tasks involving the use of skills above and beyond those of Level 1 and to the level of their training;
· exercises limited discretion;
· is responsible for the quality of their own work;
· receives training in work health and safety standards and practices relevant to the site;
· performs lower level tasks as required without loss of pay unless re-engaged to perform tasks at predominantly a lower skill level.
A.2.3 Indicative duties
Indicative of the duties an employee may perform at this level are:
· performing a range of tasks involving the set up and operation of production and/or packaging or picking equipment, labelling and/or consumer picking equipment;
· repetition work on automatic, semi-automatic or single purpose machines or equipment;
· assembling/dismantling components using basic written, spoken and/or diagrammatic instructions in an assembly environment;
· irrigation, spraying or pruning under general supervision;
· sorting, packing and grading beyond the scope of Level 1 duties;
· maintaining simple records;
· using hand trolleys, pallet trucks or other mechanical or power driven lifting or handling devices not requiring a licence;
· operating tractors with engine capacity of up to 70 kW;
· general and routine product testing;
· providing assistance within the scope of this level to other employees as required;
· assisting in the provision of on-the-job training in conjunction with supervisors, tradespersons or trainers;
· undertaking further training so as to enable advancement to Level 3.
A.3 Level 3 employee
A.3.1 Level 3 employee means an employee classified in accordance with the following criteria:
An employee at this level:
· performs work above and beyond the skills of an employee at Level 2 and to the level of their training;
· works under routine supervision either individually or in a team environment;
· exercises discretion with their level of skills and training;
· is responsible for the quality of their own work;
· receives training in work health and safety standards and practices in work areas relevant to the site and appropriate to this award;
· may perform any lower level task as required without loss of pay.
A.3.3 Indicative duties
Indicative of the duties an employee may perform at this level are:
· driving motor lorries or mechanical harvesters or forklifts;
· operating tractors with engine capacity of over 70 kW;
· minor maintenance of plant;
· irrigation, spraying, pruning without supervision;
· assisting in the training, instruction and coordination of employees;
· recording detailed information on production and quality indicators;
· providing assistance within the scope of this level to other employees;
· undertaking further training so as to enable advancement to Level 4.
A.4 Level 4 employee
A.4.1 Level 4 employee means an employee classified in accordance with the following criteria:
An employee at this level:
· performs work above and beyond the skills of an employee at Level 3 and to the level of their training;
· coordinates work in a team environment or works individually under general supervision;
· exercises discretion with their level of skills and training;
· is responsible for the quality of their own work;
· has knowledge of the employer’s operation as it relates to the production process;
· monitors the application of work health and safety standards in work areas relevant to the site and appropriate to this level;
· may perform any lower level task as required without loss of pay.
A.4.3 Indicative duties
Indicative of the duties an employee may perform at this level are:
· using precision measuring instruments;
· machine setting, loading and operation;
· inventory and store control;
· licensed operation of all appropriate materials handling equipment;
· basic engineering and fault handling;
· basic non-trades maintenance involving the use of tools and equipment within the scope of this award;
· licensed and certified to operate forklifts, engine driving and crane driving operation;
· furnace/boiler operator;
· performing quality checks on the work of others;
· quality assurance/control;
· assisting in provision of on-the-job training;
· monitoring variables affecting production yields, detecting errors, investigating causes and recommending collective/preventative action;
· providing assistance within the scope of this level to other employees;
· undertaking further training so as to enable advancement to Level 5.
A.5 Level 5 employee
A.5.1 Level 5 employee means an employee classified in accordance with the following criteria:
A.5.2 General description
An employee at this level:
· works above and beyond the skills of an employee at Level 4 and to the level of their training;
· performs work under minimal supervision either individually or in a team environment;
· coordinates and schedules approved work in a team environment;
· exercises good interpersonal communication skills;
· exercises discretion within the scope of this grade;
· possesses and uses a trade qualification in the course of their duties;
· has a sound knowledge of the employer’s operation as it relates to the production process;
· undertakes lower level tasks as required without loss of pay.
A.5.3 Indicative duties
Indicative of the duties an employee may perform at this level are:
· inspecting products and/or materials for conformity with established operational standards and approves/passes first off samples;
· operating, setting up and adjusting maintenance functions including (but not limited to):
· removing equipment fastenings including use of destructive cutting equipment;
· running adjustments to production equipment;
· operating all lifting equipment;
· basic production scheduling and materials handling within the scope of production process or directly related functions;
· exercising high level stores and inventory responsibilities;
· providing on-the-job training;
· providing assistance within the scope of this level to other employees.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR729283, PR740707, PR762137, PR773913]
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 18.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 15.1(a). Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
B.2 Full-time and part-time adult employees
B.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
[B.2.1 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
|
Ordinary hours |
Public holidays |
|
|
% of ordinary hourly rate1 |
|
|
|
100% |
200% |
|
|
$ |
$ |
|
Level 1 |
23.46 |
46.92 |
|
Level 2 |
24.10 |
48.20 |
|
Level 3 |
24.76 |
49.52 |
|
Level 4 |
25.66 |
51.32 |
|
Level 5 |
27.17 |
54.34 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.2.2 Full-time and part-time shiftworkers—ordinary and penalty rates
[B.2.2 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
|
Ordinary hours |
Afternoon shift |
Night shift |
Public holidays |
|
|
% of ordinary hourly rate1 |
|||
|
|
100% |
115% |
115% |
200% |
|
|
$ |
$ |
$ |
$ |
|
Level 1 |
23.46 |
26.98 |
26.98 |
46.92 |
|
Level 2 |
24.10 |
27.72 |
27.72 |
48.20 |
|
Level 3 |
24.76 |
28.47 |
28.47 |
49.52 |
|
Level 4 |
25.66 |
29.51 |
29.51 |
51.32 |
|
Level 5 |
27.17 |
31.25 |
31.25 |
54.34 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.2.3 Full-time and part-time employees—overtime rates
[B.2.3 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday outside of harvest season |
Sunday during harvest season |
Public holidays |
|
|
5 hours within the first 8 hours of overtime |
Overtime in excess of 8 hours in the week or 5 hours on Sunday |
||||
|
|
% of ordinary hourly rate1 |
|
|||
|
|
150% |
200% |
150% |
200% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
35.19 |
46.92 |
35.19 |
46.92 |
46.92 |
|
Level 2 |
36.15 |
48.20 |
36.15 |
48.20 |
48.20 |
|
Level 3 |
37.14 |
49.52 |
37.14 |
49.52 |
49.52 |
|
Level 4 |
38.49 |
51.32 |
38.49 |
51.32 |
51.32 |
|
Level 5 |
40.76 |
54.34 |
40.76 |
54.34 |
54.34 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.3 Casual adult employees
B.3.1 Casual employees—ordinary and penalty rates
[B.3.1 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
|
Ordinary hours |
Public holidays |
|
|
% of ordinary hourly rate1 |
|
|
|
125% |
225% |
|
|
$ |
$ |
|
Level 1 |
29.33 |
52.79 |
|
Level 2 |
30.13 |
54.23 |
|
Level 3 |
30.95 |
55.71 |
|
Level 4 |
32.08 |
57.74 |
|
Level 5 |
33.96 |
61.13 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.3.2 Casual employees—overtime rates
[B.3.2 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
|
In excess of 12 hours per engagement or 12 hours in a single day |
In excess of 304 ordinary hours in an 8 week period |
Public holidays |
|
|
% of ordinary hourly rate1 |
||
|
|
175% |
175% |
225% |
|
|
$ |
$ |
$ |
|
Level 1 |
41.06 |
41.06 |
52.79 |
|
Level 2 |
42.18 |
42.18 |
54.23 |
|
Level 3 |
43.33 |
43.33 |
55.71 |
|
Level 4 |
44.91 |
44.91 |
57.74 |
|
Level 5 |
47.55 |
47.55 |
61.13 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
The junior hourly rate is based on a percentage of the appropriate adult weekly rate and rounded to the nearest 10 cents in accordance with clause 15.2, then divided by 38. Adult rates apply from 20 years of age in accordance with clause 15.2.
B.4.1 Full-time and part-time junior employees—ordinary and penalty rates
[B.4.1 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
Age |
Junior weekly rate |
Junior hourly rate—ordinary hours |
Shiftworkers |
All employees |
|
|
Afternoon shift |
Night shift |
Public holidays |
|||
|
% of junior hourly rate1 |
|||||
|
100% |
115% |
115% |
200% |
||
|
|
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
|
Under 16 years |
445.80 |
11.73 |
13.49 |
13.49 |
23.46 |
|
16 years |
534.90 |
14.08 |
16.19 |
16.19 |
28.16 |
|
17 years |
624.10 |
16.42 |
18.88 |
18.88 |
32.84 |
|
18 years |
713.20 |
18.77 |
21.59 |
21.59 |
37.54 |
|
19 years |
802.40 |
21.12 |
24.29 |
24.29 |
42.24 |
|
Level 2 |
|
|
|
|
|
|
Under 16 years |
458.00 |
12.05 |
13.86 |
13.86 |
24.10 |
|
16 years |
549.50 |
14.46 |
16.63 |
16.63 |
28.92 |
|
17 years |
641.10 |
16.87 |
19.40 |
19.40 |
33.74 |
|
18 years |
732.70 |
19.28 |
22.17 |
22.17 |
38.56 |
|
19 years |
824.30 |
21.69 |
24.94 |
24.94 |
43.38 |
|
Level 3 |
|
|
|
|
|
|
Under 16 years |
470.50 |
12.38 |
14.24 |
14.24 |
24.76 |
|
16 years |
564.50 |
14.86 |
17.09 |
17.09 |
29.72 |
|
17 years |
658.60 |
17.33 |
19.93 |
19.93 |
34.66 |
|
18 years |
752.70 |
19.81 |
22.78 |
22.78 |
39.62 |
|
19 years |
846.80 |
22.28 |
25.62 |
25.62 |
44.56 |
|
Level 4 |
|
|
|
|
|
|
Under 16 years |
487.50 |
12.83 |
14.75 |
14.75 |
25.66 |
|
16 years |
584.90 |
15.39 |
17.70 |
17.70 |
30.78 |
|
17 years |
682.40 |
17.96 |
20.65 |
20.65 |
35.92 |
|
18 years |
779.90 |
20.52 |
23.60 |
23.60 |
41.04 |
|
19 years |
877.40 |
23.09 |
26.55 |
26.55 |
46.18 |
|
Level 5 |
|
|
|
|
|
|
Under 16 years |
516.20 |
13.58 |
15.62 |
15.62 |
27.16 |
|
16 years |
619.40 |
16.30 |
18.75 |
18.75 |
32.60 |
|
17 years |
722.60 |
19.02 |
21.87 |
21.87 |
38.04 |
|
18 years |
825.80 |
21.73 |
24.99 |
24.99 |
43.46 |
|
19 years |
929.10 |
24.45 |
28.12 |
28.12 |
48.90 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.4.2 Full-time and part-time junior employees—overtime rates
[B.4.2 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
Age |
Monday to Saturday |
Sunday outside of harvest season |
Sunday during harvest season |
Public holidays |
||
|
First 5 hours within the first 8 hours of overtime |
Overtime in excess of 8 hours in the week or 5 hours on Sunday |
|||||
|
% of junior hourly rate1 |
||||||
|
|
150% |
200% |
150% |
200% |
200% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
|
Level 1 |
|
|
|
|
|
|
|
Under 16 years |
17.60 |
23.46 |
17.60 |
23.46 |
23.46 |
|
|
16 years |
21.12 |
28.16 |
21.12 |
28.16 |
28.16 |
|
|
17 years |
24.63 |
32.84 |
24.63 |
32.84 |
32.84 |
|
|
18 years |
28.16 |
37.54 |
28.16 |
37.54 |
37.54 |
|
|
19 years |
31.68 |
42.24 |
31.68 |
42.24 |
42.24 |
|
|
Level 2 |
|
|
|
|
|
|
|
Under 16 years |
18.08 |
24.10 |
18.08 |
24.10 |
24.10 |
|
|
16 years |
21.69 |
28.92 |
21.69 |
28.92 |
28.92 |
|
|
17 years |
25.31 |
33.74 |
25.31 |
33.74 |
33.74 |
|
|
18 years |
28.92 |
38.56 |
28.92 |
38.56 |
38.56 |
|
|
19 years |
32.54 |
43.38 |
32.54 |
43.38 |
43.38 |
|
|
Level 3 |
|
|
|
|
|
|
|
Under 16 years |
18.57 |
24.76 |
18.57 |
24.76 |
24.76 |
|
|
16 years |
22.29 |
29.72 |
22.29 |
29.72 |
29.72 |
|
|
17 years |
26.00 |
34.66 |
26.00 |
34.66 |
34.66 |
|
|
18 years |
29.72 |
39.62 |
29.72 |
39.62 |
39.62 |
|
|
19 years |
33.42 |
44.56 |
33.42 |
44.56 |
44.56 |
|
|
Level 4 |
|
|
|
|
|
|
|
Under 16 years |
19.25 |
25.66 |
19.25 |
25.66 |
25.66 |
|
|
16 years |
23.09 |
30.78 |
23.09 |
30.78 |
30.78 |
|
|
17 years |
26.94 |
35.92 |
26.94 |
35.92 |
35.92 |
|
|
18 years |
30.78 |
41.04 |
30.78 |
41.04 |
41.04 |
|
|
19 years |
34.64 |
46.18 |
34.64 |
46.18 |
46.18 |
|
|
Level 5 |
|
|
|
|
|
|
|
Under 16 years |
20.37 |
27.16 |
20.37 |
27.16 |
27.16 |
|
|
16 years |
24.45 |
32.60 |
24.45 |
32.60 |
32.60 |
|
|
17 years |
28.53 |
38.04 |
28.53 |
38.04 |
38.04 |
|
|
18 years |
32.60 |
43.46 |
32.60 |
43.46 |
43.46 |
|
|
19 years |
36.68 |
48.90 |
36.68 |
48.90 |
48.90 |
|
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.4.3 Casual junior employees—ordinary and penalty rates
[B.4.3 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
Age |
Casual hourly rate |
Public holidays |
|
|
% of junior hourly rate1 |
|
|
|
125% |
225% |
|
|
$ |
$ |
|
Level 1 |
|
|
|
Under 16 years |
14.66 |
26.39 |
|
16 years |
17.60 |
31.68 |
|
17 years |
20.53 |
36.95 |
|
18 years |
23.46 |
42.23 |
|
19 years |
26.40 |
47.52 |
|
Level 2 |
|
|
|
Under 16 years |
15.06 |
27.11 |
|
16 years |
18.08 |
32.54 |
|
17 years |
21.09 |
37.96 |
|
18 years |
24.10 |
43.38 |
|
19 years |
27.11 |
48.80 |
|
Level 3 |
|
|
|
Under 16 years |
15.48 |
27.86 |
|
16 years |
18.58 |
33.44 |
|
17 years |
21.66 |
38.99 |
|
18 years |
24.76 |
44.57 |
|
19 years |
27.85 |
50.13 |
|
Level 4 |
|
|
|
Under 16 years |
16.04 |
28.87 |
|
16 years |
19.24 |
34.63 |
|
17 years |
22.45 |
40.41 |
|
18 years |
25.65 |
46.17 |
|
19 years |
28.86 |
51.95 |
|
Level 5 |
|
|
|
Under 16 years |
16.98 |
30.56 |
|
16 years |
20.38 |
36.68 |
|
17 years |
23.78 |
42.80 |
|
18 years |
27.16 |
48.89 |
|
19 years |
30.56 |
55.01 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.4.4 Casual junior employees—overtime rates
[B.4.4 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
|
Age |
In excess of 12 hours per engagement or 12 hours in a single day |
In excess of 304 ordinary hours in an 8 week period |
Public holidays |
|
|
% of junior hourly rate1 |
||
|
|
175% |
175% |
225% |
|
|
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
Under 16 years |
20.53 |
20.53 |
26.39 |
|
16 years |
24.64 |
24.64 |
31.68 |
|
17 years |
28.74 |
28.74 |
36.95 |
|
18 years |
32.85 |
32.85 |
42.23 |
|
19 years |
36.96 |
36.96 |
47.52 |
|
Level 2 |
|
|
|
|
Under 16 years |
21.09 |
21.09 |
27.11 |
|
16 years |
25.31 |
25.31 |
32.54 |
|
17 years |
29.52 |
29.52 |
37.96 |
|
18 years |
33.74 |
33.74 |
43.38 |
|
19 years |
37.96 |
37.96 |
48.80 |
|
Level 3 |
|
|
|
|
Under 16 years |
21.67 |
21.67 |
27.86 |
|
16 years |
26.01 |
26.01 |
33.44 |
|
17 years |
30.33 |
30.33 |
38.99 |
|
18 years |
34.67 |
34.67 |
44.57 |
|
19 years |
38.99 |
38.99 |
50.13 |
|
Level 4 |
|
|
|
|
Under 16 years |
22.45 |
22.45 |
28.87 |
|
16 years |
26.93 |
26.93 |
34.63 |
|
17 years |
31.43 |
31.43 |
40.41 |
|
18 years |
35.91 |
35.91 |
46.17 |
|
19 years |
40.41 |
40.41 |
51.95 |
|
Level 5 |
|
|
|
|
Under 16 years |
23.77 |
23.77 |
30.56 |
|
16 years |
28.53 |
28.53 |
36.68 |
|
17 years |
33.29 |
33.29 |
42.80 |
|
18 years |
38.03 |
38.03 |
48.89 |
|
19 years |
42.79 |
42.79 |
55.01 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
Schedule C—Summary of Monetary Allowances
[Varied by PR729283, PR729471, PR740877, PR740707, PR750778, PR762137, PR762301, PR773913, PR774081]
See clause 18—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR729283, PR740707, PR762137, PR773913 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for a Level 2 in clause 15.1(a) = $24.10.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Leading hand allowance—2 to 6 employees1 |
18.2(b) |
115.0 |
27.72 |
per week |
|
Leading hand allowance—7 to 10 employees1 |
18.2(b) |
134.0 |
32.29 |
per week |
|
Leading hand allowance—11 to 20 employees1 |
18.2(b) |
191.0 |
46.03 |
per week |
|
Leading hand allowance—more than 20 employees1 |
18.2(b) |
240.0 |
57.84 |
per week |
|
Wet work allowance—unless provided with adequate protection1 |
18.2(c)(i) |
10.0 |
2.41 |
per hour |
|
First aid allowance1 |
18.2(d) |
51.0 |
12.29 |
per week |
1 These allowances apply for all purposes of this award.
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750778 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2 varied by PR729471, PR740877, PR762301, PR774081 ppc 01Jul24]
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—more than 2 hours’ overtime after ordinary ceasing time without a day’s notification |
18.3(c)(i) |
15.62 |
per meal |
C.2.1 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
Schedule 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, as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by 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 supported wage system.
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: _____________________________________________
1. The employer and employee agree that the employee will take time off instead of being paid for all overtime that is worked by the employee under this agreement.
2. Time off must be taken within 6 months of the overtime being worked at a time or times agreed by the employee and employer. If time off is not taken within 6 months of it being worked then 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, unless the employer agrees to pay out the accrued overtime earlier.
3. This agreement will remain in place until the agreement is terminated. The agreement may be terminated by the employer or employee at any time by notice in writing.
4. If the agreement is terminated, the employer must pay the employee for overtime worked at the overtime rate applicable to the overtime when it was worked.
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 PR747346 ppc14Nov22]
[Sched H inserted by PR737899; Sched I renumbered as Sched H by PR747346 ppc14Nov22]
Link to PDF copy of Piecework record
Name of pieceworker: _______________________________________________________
Name of employer: __________________________________________________________
The piecework will commence on: ____/____/20____ at: ______ am/pm
Piecework Task 1
The piecework task is: _______________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
The pieceworker will be paid for this task the amount of $_________ per _______________
Piecework Task 2
The piecework task is: _______________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
The pieceworker will be paid for this task the amount of $_________ per _______________
Piecework Task 3
The piecework task is: _______________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
The pieceworker will be paid for this task the amount of $_________ per _______________
Under the Horticulture Award 2020 a pieceworker must be paid for each day on which they work no less than their hourly rate under the award (including the 25% casual loading for a casual pieceworker) multiplied by the number of hours worked on that day.
The pieceworker’s hourly rate under the award is $_______ per hour.
Name of employer representative: _____________________________________________
Signature of employer representative: __________________________________________
Date signed: ____/____/20_____
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR728080; PR736911; deleted by PR746868 ppc 17Oct22]
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