You’re offline. This is a read only version of the page.
Mobile Crane Hiring Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777259 and PR777994).
Clause(s) affected by the most recent variation(s):
9—Casual employees
12A—Employee right to disconnect
32—Dispute resolution
Table of Contents
[Varied by PR746868, PR747349, PR750509, PR774740, PR777994]
Schedule H —Agreement for Time Off Instead of Payment for Overtime............................. 83
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Mobile Crane Hiring 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 PR733855, PR774740, PR777259]
In this award, unless the contrary intention appears:
accident pay has the meaning given in clause 19.3(a).
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.
[Definition of casual employee inserted by PR733855 from 27Sep21; varied by PR777259 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.
crane crew means workers with the qualifications and flexibility to perform the duties of crane operators and dogger/riggers on an interchangeable basis, provided that the crane operator will be regarded as the employee in charge of the crane crew.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
dogger means a worker who carries out the work of slinging loads and who controls the movement of such loads when handled by lifting appliances. It is also the dogger’s responsibility to control loads when out of view of the crane operator. A dogger must hold the current certificates issued in accordance with statutory requirements.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774740 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774740 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
injury has the meaning given in clause 19.3(b).
MCE means mobile crane employees in the mobile crane hiring industry.
mobile crane means a crane having its own propulsion which includes tractor and crawler cranes.
mobile crane hire industry has the meaning given in clause 4.2.
mobile crane operator means the operator who is the link between the operation of the mobile crane and its motive power and who controls the apparatus inside the crane’s cabin to regulate its movements i.e. ‘luffing’ (raising or lowering the jib or boom), ‘slewing’ (turning the crane on its axis) and/or ‘hoisting’ (raising or lowering) the hook. A crane operator must hold the current certificates in accordance with statutory requirements.
mobile elevated work platform means a vehicle mounted unit with a telescoping device, hinged device, or articulated device or any combination of these used to support a platform on which personnel, equipment, or materials may be elevated to perform work.
mobile elevating work platform operator means an employee required to perform, alone or as part of a crew, tasks including:
· driving/relocating the platform between work locations;
· setting up the platform;
· operating the platform in a safe and efficient manner; and
· holding the current certificates in accordance with statutory requirements.
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.
ordinary hourly rate means the hourly rate for an employee’s classification specified in clause 16.1, plus the industry allowance.
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.
rigger means a worker who in addition to the work of a dogger, is directly in charge of the initial work of setting up the crane and who ensures that all rigging work is carried out in a safe and efficient manner in accordance with statutory requirements. A rigger must hold the current certificates in accordance with statutory requirements.
[Definition of small business employer inserted by PR774740 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly rate for a mobile crane employee (MCE) level 1 in clause 16.1.
[Definition of workplace delegate inserted by PR774740 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia engaged in the mobile crane hire industry and their employees in the classifications within Schedule A—Classification Structure to the exclusion of any other modern award.
4.2 Mobile crane hire industry means the service industry involving the hiring of mobile cranes, mobile elevated work platforms and like equipment and operating personnel to clients whose requirements include but are not limited to the provision and service of materials handling equipment, lifting and machinery movement equipment, earthmoving and construction plant hire and civil contracting, plant and mobile units for quarrying and mining projects, dig load and haul projects. Hiring can be on an hour by hour, day by day, or contract basis depending on the nature of the task.
4.3 This award does not cover:
(a) clerical and administrative occupations; or
(b) an employer bound by:
(i) the Manufacturing and Associated Industries and Occupations Award 2020; or
(ii) the Building and Construction General On-site Award 2020.
4.4 This award covers any employer which supplies labour on an on-hire basis in the mobile crane hire industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award covers employers which provide group training services for trainees engaged in the mobile crane hire industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award does not cover:
(a) an employee excluded from award coverage by the Act.
(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763229 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 32—Dispute resolution and/or under section 65B of the Act.
[Varied by PR733855]
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 PR733855 from 27Sep21]
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.3 |
Method for arranging rostered days off |
Individual employee |
|
13.4 |
Substitution of industry rostered day off |
The majority of employees |
|
14 |
Make-up time |
The majority of employees |
|
22.10 |
Time off instead of payment for overtime |
Individual employee |
|
24.3 |
Annual leave in advance |
Individual employee |
|
24.10 |
Cashing out of annual leave |
Individual employee |
|
29.1(b), 29.1(c) |
Substitution of public holidays |
Individual employee |
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 weekly hire employees; or
(b) casual employees.
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 a full-time weekly hire or casual employee.
[Varied by PR733855, PR777259]
[9.1 deleted by PR733855 from 27Sep21]
[9.2 renumbered as 9.1 by PR733855 from 27Sep21]
9.1 A casual employee will be entitled to all of the applicable rates and conditions of employment prescribed by this award except annual leave, paid personal leave, paid parental leave, paid community service leave, public holidays, notice of termination and redundancy.
[9.3 renumbered as 9.2 by PR733855 from 27Sep21]
9.2 An employer when engaging a person for casual employment must inform the employee in writing that the employee is to be employed as a casual, stating:
(a) by whom the employee is employed;
(b) the job to be performed;
[9.2(c) varied by PR733855 from 27Sep21]
(c) the classification level; and
[9.2(d) deleted by PR733855 from 27Sep21]
[9.2(e) renumbered as 9.2(d) by PR733855 from 27Sep21]
(d) the relevant rate of pay.
[9.4 renumbered as 9.3 by PR733855 from 27Sep21]
[9.5 renumbered as 9.4 by PR733855 from 27Sep21]
9.4 A casual employee required to work overtime, or on a Saturday, or on a Sunday, or on a public holiday, will be entitled to the relevant penalty rates prescribed by clause 22—Overtime, in addition to the 25% casual loading as follows:
|
Relevant penalty for full-time & part-time employees |
Rate for casual employee (inclusive of 25% casual loading) |
|
% of ordinary hourly rate |
|
|
150 |
175 |
|
200 |
225 |
|
250 |
275 |
[9.6 renumbered as 9.5 by PR733855 from 27Sep21]
9.5 Casual employees will be engaged for a minimum period of 4 hours per day.
9.6 Changes to casual employment status
[9.7 renumbered as 9.6 and renamed and substituted by PR733855; renamed and substituted by PR777259 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 32—Dispute resolution.
10. Loss of validation of licences/certificates
10.2 Should either a licence or certificate held by an employee be cancelled or suspended and the employee has notified the employer in accordance with clause 10.1, all possible alternate employment options will be examined and where practicable provided by the employer.
A description of the classifications under this award is set out in Schedule A—Classification Structure.
12.2 The method of working the 38 hour week may be any one of the following:
(a) by employees working less than 8 ordinary hours each day; or
(b) by employees working less than 8 ordinary hours on one or more days each week; or
(c) by fixing one week day on which all employees will be off during a particular work cycle; or
12.3 A regular starting and finishing time will be fixed at each depot, which will not be changed, except after notice of at least a week.
12.4 An employee/s starting time for a particular day may be altered to suit the business requirements of the employer by mutual agreement with the employee/s concerned.
12.5 The ordinary hours of work prescribed will not exceed 10 hours on any day provided that any arrangement of ordinary working hours in excess of 8 hours in any one day will be with the agreement of the majority of employees involved.
12.6 An assessment should be made as to which method of implementation best suits the business and the proposal will be discussed with the employees concerned.
12.7 Circumstances may arise where different methods of implementation of a 38 hour week apply to various groups or sections of employees in the establishment concerned.
12A. Employee right to disconnect
[12A inserted by PR777994 from 26Aug24]
12A.1 Clause 12A 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.
12A.2 Clause 12A 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.
12A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
12A.4 Clause 12A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid standby time under clause 22.9(b); and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the standby.
12A.5 Clause 12A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 22.9(a).
13.1 Where the hours of work are arranged in accordance with clause 12.2(c) and 12.2(d) the ordinary working hours will be worked in a 20 day cycle, Monday to Friday inclusive, with 8 hours worked for each of 19 days and with 0.4 of an hour on each of those days accruing toward the 20th day which will be taken as a paid day off and known as a rostered day off.
13.2 An employee will be entitled to 13 rostered days off per year provided that the number of rostered days off will be reduced to the extent of any annual leave taken on the basis of one day for each 4 weeks of annual leave taken.
13.5 Where a majority of the employees request that their representative is to be consulted, consultation will take place at least 5 days prior to the alternate rostered day off being implemented.
13.6 An employee who agrees to work on the rostered day off to satisfy the employer’s business requirements will take an alternative rostered day off on a mutually convenient day prior to the next rostered day off. Where agreement cannot be reached it will be taken in conjunction with the next rostered day off.
13.7 Except in the case of an emergency circumstance no employee will be required to work on a rostered day off. Where an emergency circumstance does occur the employee will be paid an additional day’s pay at ordinary rates for that week (that is 45 hours and 36 minutes pay for that week at the ordinary rate instead of 38 hours’ pay) in addition to being given a substitute rostered day off. An emergency will mean where less than 24 hours’ notice of the requirement to work on the rostered day off has been given.
13.8 In the case of termination an employee who has not worked a completed 19 day 4 week cycle will receive pro rata accrued entitlements for each day worked in such cycle.
14.1 Subject to a majority of employees at a workplace agreeing to introduce this provision an employee, other than an employee on shiftwork, may elect, with the consent of the employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
14.2 Subject to a majority of employees at a workplace agreeing to introduce this provision an employee on shiftwork may elect, with the consent of their employer, to work make-up time under which the employee takes time off ordinary hours and works those hours at a later time, at the shiftwork rate which would have been applicable to the hours taken off.
[Varied by PR729476, PR740713, PR740881, PR762305, PR774085]
(a) A set meal break will be established in each depot by mutual agreement between the employer and employees which may be altered by the employer by giving one week’s notice.
(b) An employee will cease work for a meal break of 30 minutes on all working days, except Saturday and Sunday, between the hours of 11.30 am and 1.00 pm, inclusive.
(c) An employee may be required to change the meal break to suit the requirements of the employer or client.
(d) An employee who has not completed their meal break after 6 hours from the normal starting time on any day to suit the requirements of the employer or the client will be paid at the overtime rates prescribed in clause 22—Overtime for the period from 6 hours after normal starting time until a meal break is allowed.
15.2 Meal break during overtime
(a) If the period of overtime is more than 1.5 hours after working ordinary hours an employee, before starting such overtime, will be allowed a meal break of 20 minutes, which will be paid for at their ordinary hourly rate.
(b) If agreement is reached between the employer and employee for variation of this provision to meet the circumstances of work in hand, then the employer will not be required to make payment in excess of 20 minutes.
[15.2(d) varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
[15.2(e) varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
(e) An employee required to start work 2 or more hours prior to the normal commencement time will be paid $18.51 meal allowance and be allowed a 20 minute meal break as soon as is practicable.
(g) Where an employee is required to work overtime on a Saturday or Sunday the first prescribed meal break will be between 10.00 am and 1.00 pm and be paid at ordinary rates.
16. Minimum rates
[Varied by PR729287, PR740713, PR762142, PR773917]
[16.1 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
16.1 An employer must pay employees the following minimum rates for ordinary hours worked by the employee and the industry allowance set out in clause 16.2 for each classification level as described in Schedule A—Classification Structure.
|
Level Mobile Crane Employee (MCE) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Level 1 (MCE1) |
1032.30 |
27.17 |
|
Level 2 (MCE2) |
1064.70 |
28.02 |
|
Level 3 (MCE3) |
1097.10 |
28.87 |
|
Level 4 (MCE4) |
1126.30 |
29.64 |
|
Level 5 (MCE5) |
1183.50 |
31.14 |
|
Level 6 (MCE6) |
1207.80 |
31.78 |
|
Level 7 (MCE7) |
1240.10 |
32.63 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
[16.2 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
16.3 Higher duties
Where an employee on any day performs work in a classification attracting a higher rate of pay then the higher rate of pay will apply for the whole day.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
For employees undertaking a traineeship, see Schedule E—National Training Wage.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Methods of payment
Wages will be paid in cash, cheque or direct transfer into the employee’s bank (or other recognised financial institution) account either weekly or fortnightly.
17.2 Wages to be paid during working hours
(a) Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours.
(b) If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for finishing work, the employee is to be paid at overtime rates for the period they are kept waiting.
17.3 Payment by cheque
In the case of an employee paid by cheque, if the employee requires it, the employer is to have a facility available during ordinary hours for the employee to cash their cheque.
17.4 Day off coinciding with pay day
(a) In the event that an employee, by virtue of the arrangement of ordinary working hours, is to take a day off on a day which coincides with pay day, the employee will be paid no later than the working day immediately following pay day.
(b) Where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
17.5 Casual employees
Where a casual employee is engaged for a work period which includes the designated pay day, wages will be paid in accordance with such arrangements. This will not affect the employee’s status as a casual. If a casual is engaged on a daily basis, then the payment will be made on a daily basis unless otherwise mutually agreed.
17.6 Payment on termination of employment
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The amounts described at clause 17.6(a)(i) must be paid to the employee:
(i) on the day of termination; or
(ii) forwarded by electronic transfer or post on the next working day.
(c) The amounts described at clause 17.6(a)(ii) must be paid to the employee:
(i) on the day of termination; or
(ii) forwarded 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 17.6(a) is subject to 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: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR729287, PR729476, PR740713, PR740881, PR762142, PR762305, PR773917, PR774085]
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances
Allowances paid for all purpose are included in the rate of pay of an employee who is entitled to the allowance when calculating any penalties or loadings or payments while they are on annual leave. The industry allowance in clause 16.2 is paid for all purposes under this award.
(b) Multi crane lift allowance
[18.2(b) varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
Where more than one crane is engaged on any single lift the following additional payments will be made to the drivers:
|
Number of cranes |
$ per day |
|
2 cranes |
4.37 |
|
3 cranes |
8.67 |
|
4 cranes |
12.96 |
|
More than 4 cranes |
17.33 |
[18.2(c) varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
An employee performing pile driving or extraction will receive $21.22 per day or part thereof.
18.3 Expense-related allowances
(a) Protective clothing and equipment
(i) Where an employee is required to work in a place where in the absence of protective clothing or footwear, the employees’ clothing or footwear will become wet, the employee will provide waterproof clothing, safety helmet and footwear, as necessary, and be reimbursed by the employer for the cost of the clothing and protective equipment. Alternatively, the employer may provide the clothing and protective equipment.
[18.3(a)(ii) varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
(iv) All employees will be eligible for the subsidy after one month qualifying service with the employer.
[18.3(a)(v) varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
(b) Damage to clothing
After one month’s service with the employer, compensation to the extent of any damage sustained to personal clothing will be made where, during the course of the work, clothing is damaged.
(c) Fares and travel allowance
[18.3(c)(i) varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
(ii) This allowance will be payable for every day upon which an employee works or reports for work in accordance with the employer’s requirements but will not be taken into account in calculating overtime, penalty rates, annual leave, sick leave or rostered days off.
(iv) Clause 18.3(c)(iii) will apply only on the first day of engagement on any work site.
(d) Car allowance
[18.3(d)(i) varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
(ii) The time spent travelling from home to the initial work site and travelling from the final work site to home on any day will not be paid unless the employee travels beyond a radius of 50 kilometres from the employer’s depot.
(iii) An employee travelling beyond the 50 kilometre radius on any day will be paid travelling time at the appropriate rate for the time taken travelling to and from the site to the 50 kilometre radius line.
(e) Accommodation and overnight allowance
(i) Where an employee is required by the employer to be away from home overnight the employer will:
[18.3(e)(i)(A) varied by PR729476, PR740881, PR762305 ppc 01Jul23]
(A) pay the employee the greater of $100.22 per day or an amount which fully reimburses the employee for all reasonable accommodation and meal expenses incurred; or
(B) provide the worker with accommodation and 3 adequate meals each day; or
(C) provide the worker with accommodation and reimburse the employee for all reasonable meal expenses; or
(D) where employees are required to live in camp, provide all board and accommodation free of charge.
(ii) Any accommodation provided under clause 18.3(e)(i) must be in accordance with contemporary living standards taking into account the particular circumstances of the location in which the work is performed and must include reasonable washing, laundry, recreational, kitchen, external lighting, communications and fire protection facilities.
An employee will be paid a meal allowance in accordance with clauses 15.2(d), 15.2(e) and 15.2(f).
19.1 Clause 19 commences on 15 October 2015.
19.2 The employer must pay an employee accident pay.
(a) Accident pay means a weekly payment made to an employee by the employer that is the difference between the amount of workers’ compensation received by the employee and the employee’s minimum weekly rate (including industry allowance) prescribed by clauses 16.1 and 16.2. Where the incapacity caused by the injury which leads to workers’ compensation becoming payable is for a period less than one week, the payment is the difference between the amount of compensation and the employee’s minimum weekly rate (including industry allowance) for that period. The minimum weekly rate does not include:
(i) over-award payments;
(ii) shift loadings;
(iii) overtime;
(iv) attendance payments;
(v) bonus payments;
(vi) fares and travelling allowance;
(vii) site allowance; or
(viii) other such rates.
(b) Injury, for the purposes of clause 19, has the same meaning as that contained in the applicable workers’ compensation legislation covering the employer in respect of a claim made by the employee.
19.5 The termination of the employee’s employment whilst the employee is receiving accident pay will not affect the liability of the employer to pay accident pay in accordance with clause 19.4. Such payment shall continue to apply except where the termination is due to serious and/or wilful misconduct. To qualify for the continuation of accident pay on termination, an employee shall if required provide evidence to the employer of the continuation of weekly compensation payments.
19.6 Where 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 of receipt of the lump sum by the employee.
19.7 If an employer has a scheme for the payment of accident pay that contains provisions generally not less favourable to employees than the provisions of clause 19, the employer may apply to the Fair Work Commission for that scheme to apply instead of clause 19.
19.8 For a casual employee the weekly payment as defined in clause 19.3 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, shift loadings, overtime, attendance payments, bonus payments, fares and travelling allowance, site allowance, or other such rates.
19.9 Accident pay will not apply in respect of any injury during the first 5 ordinary working days of incapacity.
19.10 Accident pay will not apply to any incapacity occurring during the first 3 weeks of employment unless such incapacity extends beyond the first 3 weeks. In this situation accident pay will apply only to the period of incapacity after the first 3 weeks. Provided that industrial diseases contracted by gradual process or injuries subject to recurrence, aggravation or acceleration will not be subject to accident pay unless the employee has been employed at the time of the incapacity for a minimum period of one month.
19.11 An employee on engagement may be required to declare all workers’ compensation claims made in the previous 5 years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit the entitlement to accident pay provided by clause 19.
19.12 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.
19.13 For the avoidance of doubt, an employee will not be entitled to any payment under clause 19 in respect of any period of workers’ compensation where the statutory payment for the period exceeds the amount the employee would have received for working ordinary time hours for the same period.
19.14 An employee shall not be entitled to accident pay in respect of any period of other paid leave.
19.15 An employee upon receiving an injury for which the employee claims to be entitled to receive accident pay shall give notice in writing of the said injury to the employer as soon as reasonably practicable after the occurrence; provided that such notice may be given by a representative of the employee.
19.16 In order to receive accident pay, an employee shall conform to the requirements of the applicable workers’ compensation legislation as to medical examination. Where, in accordance with the applicable workers’ compensation legislation, a medical referee gives a certificate as to the condition of the employee and the employee’s fitness for work, or specifies work for which the employee is fit, and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work.
19.17 Civil damages claim
(a) An employee receiving or who has received accident pay shall advise the employer of any action the employee may institute or any claim the employee may make for damages. Further, the employee shall, if requested, provided an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict of settlement on that injury.
(b) Where an employee obtains a verdict for damages in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
(c) Where an employee obtains a verdict for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.
19.18 Nothing in this award shall require an employer to insure against liability for accident pay.
19.19 Any changes in compensation rates under the applicable workers’ compensation legislation shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.
19.20 All rights to accident pay shall cease on the death of an employee.
19.21 In the event of any dispute arising as to the entitlement of an employee to payment of accident pay, the matter shall be dealt with by clause 32—Dispute resolution.
20.1 Employees will not be entitled to payment for time lost due to inclement weather unless work has ceased by agreement with the employer provided that employees will not be required to work in unsafe conditions.
20.2 Subject to clause 20.1, employees unable to work at a site due to inclement weather may be required to:
(a) remain on site; or
(b) transfer the crane to an alternative site; or
(c) return to the depot;
until such inclement weather ceases or abates to allow safe work to continue.
20.3 Where cranes are left on site for 5 working days or more and employees are deemed to be part of the site, the procedures on the site will apply. A crane will not be removed from a site if it is unsafe to do so as a result of weather conditions.
20.4 Definitions
(a) Inclement weather means the existence of abnormal climatic conditions (i.e. rain, hail, snow, high winds, cold, extreme high temperature of the like or any combination thereof) which mean it is not reasonable or safe to continue working whilst these conditions remain
(b) Employer means owner, manager or recognised agent of the owner or manager of the company
(c) Site procedures relate only to this inclement weather clause
[Varied by PR771300]
21.1 Superannuation legislation
[21.1 substituted by PR771300 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 21 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.
21.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 21.3(a) or 21.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or 21.3(b) was made.
21.4 Superannuation fund
[21.4 varied by PR771300 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(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) Construction and Building Industry Super (Cbus);
(b) 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
(c) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Shiftwork Penalty Rates
[Varied by PR747349, PR763229]
22.1 An employee may be required to work reasonable overtime. Overtime need not be limited to one job only.
22.2 An employee may be notified to work overtime prior to leaving the employer’s premises or where the employee agrees, after having left the employer’s premises.
22.3 All time worked outside the ordinary hours of work will be overtime and paid at:
|
For overtime worked on |
Overtime rate |
|
Monday to Saturday—first 2 hours |
150 |
|
Monday to Saturday—after 2 hours |
200 |
|
Saturday—after 12.00 pm |
200 |
|
Sunday—all time worked |
200 |
|
Public holidays—all time worked |
250 |
22.4 A casual employee must be paid in accordance with the overtime penalty rates prescribed by clause 9.4.
[22.5 varied by PR747349 ppc14Nov22]
22.5 An employee will be paid a minimum of 4 hours at the appropriate penalty rates for working overtime on a Saturday, Sunday or public holiday. Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period.
22.6 An employee travelling between the depot and nominated work site outside of ordinary hours will be paid at the appropriate overtime rates for the period of such travel.
22.7 An employee travelling to and/or from home to start/finish overtime when reasonable means of transport are not available will either be provided with transport to and/or from home or paid ordinary rates for the time taken for such travel.
22.8 10 hour break
(i) between the finish of ordinary work on any day or shift and the commencement of ordinary work on the next day or shift, that the employee has not had at least 10 consecutive hours off duty between these times; or
(ii) on Saturdays, Sundays and holidays, not being ordinary working days, or on a rostered day off, without having had 10 consecutive hours off duty in the 24 hours preceding the employee’s ordinary commencing time on the next ordinary day or shift
will, subject to clause 22.8(a), be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(b) If on the instruction of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee will be paid at double rates until released from duty for such a period and will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
22.9 Call back
(c) Where overtime goes beyond midnight or commences between midnight and 2.00 am, a minimum of 8 hours at the appropriate rate will be paid.
22.10 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 22.10(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 22.10 is set out at Schedule H—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule H—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 22.10 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 22.10 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.10 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.10(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 22.10 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.10 will apply, including the requirement for separate written agreements under clause 22.10(b) for overtime that has been worked.
[Note varied by PR763229 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 22.10 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 22.10.
23.1 An employee may be required to work shiftwork.
23.2 Except as otherwise provided for in clause 23, shiftworkers will be paid at 115% of the ordinary hourly rate for such shifts.
(a) 150% of the ordinary hourly rate for the first 2 hours, and
(b) 200% of the ordinary hourly rate for the remaining hours
23.4 Where on a site at which the employee is engaged the shift premiums for the majority of employees are higher than those provided in clause 23.2, the employee will receive such higher shift premiums.
23.5 Where an employee is engaged in shiftwork on a site where employees receive compensation by way of annual leave and annual leave loading or otherwise for working Saturday, holiday and/or Sunday shifts, the employee will be given similar compensation for working such shifts.
23.6 All time worked on Saturdays will be paid at the following overtime rates:
(a) for the first 2 hours—150% of the ordinary hourly rate;
(b) after 2 hours—200% of the ordinary hourly rate; and
(c) for all time worked after 12 noon—200% of the ordinary hourly rate.
23.7 All time worked on Sundays will be paid at 200% of the ordinary hourly rate.
23.8 All time worked on public holidays will be paid at 250% of the ordinary hourly rate.
23.9 All work outside the ordinary hours of shiftwork will be paid 200% of the ordinary hourly rate.
23.10 A day worker required to work shiftwork will receive one week’s notice or payment of penalty rates.
23.11 Definitions:
(a) Day shift means any shift starting at or after 6.00 am and before 10.00 am.
(b) Afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm.
(c) Night shift means any shift starting at or after 8.00 pm and before 6.00 am.
Part 6—Leave and Public Holidays
[Varied by PR751054]
24.1 Leave entitlement
(a) Section 87 of the Act prescribes the entitlement to annual leave. It does not apply to casual employees.
(b) For the purpose of the additional week of leave provided by the NES, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week.
24.2 Arrangements for taking leave
(a) The annual leave will be given and taken in one or 2 continuous periods. If given in 2 separate periods, then one of those 2 periods must be at least 21 consecutive days, including non-working days.
(b) If the employer and an employee so agree, an annual leave entitlement may be given and taken in 2 separate periods, neither of which is of at least 21 consecutive days, including non-working days, or on 3 separate periods.
(c) Notwithstanding the provision of clause 24, an employee may elect, with the consent of the employer, to take annual leave in single day periods or part of a single day not exceeding a total of 5 days in any calendar year at a time or times agreed between them.
(d) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.
(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 24.3 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 24.3 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.3, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
(a) Section 90 of the Act prescribes the basis for payment for annual leave, including payment for untaken leave upon the termination of employment. Annual Leave is dealt with in Division 6 of the NES.
(i) An employer is required to pay an additional leave loading of 17.5% of that payment.
(ii) Where the employee would have received shift loadings prescribed by clause 23—Shiftwork, had they not been on leave and the loading would be of a greater amount than 17.5%, then it will apply to the relevant weekly wage rate instead of 17.5%.
(iii) The loading prescribed above will also apply to proportionate leave on lawful termination.
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).
[24.6 deleted by PR751054 ppc 01May23]
24.6 Direction to take annual leave during shutdown
[New 24.6 inserted by PR751054 ppc 01May23]
(a) Clause 24.6 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purposes of allowing annual leave to all or the bulk of employees in the depot or section concerned (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 24.6(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 24.6(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 24.6(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 24.6(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 24.3.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 24.3, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 24.7 to 24.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 24.6.
[24.7 deleted by PR751054 ppc 01May23]
24.7 Excessive leave accruals: general provision
[24.8 renumbered as 24.7 by PR751054 ppc 01May23]
NOTE: Clauses 24.7 to 24.9 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.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 24.1(b)).
(c) Clause 24.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 24.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
24.8 Excessive leave accruals: direction by employer that leave be taken
[24.9 renumbered as 24.8 by PR751054 ppc 01May23]
(a) If an employer has genuinely tried to reach agreement with an employee under clause 24.7(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 24.8(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 24.7, 24.8 or 24.9 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 24.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 24.8(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 24.8(d) may result in the direction ceasing to have effect. See clause 24.8(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.
24.9 Excessive leave accruals: request by employee for leave
[24.10 renumbered as 24.9 by PR751054 ppc 01May23]
(a) Clause 24.9 comes into operation from 2 August 2018.
(b) If an employee has genuinely tried to reach agreement with an employer under clause 24.7(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.
(c) However, an employee may only give a notice to the employer under clause 24.9(b) 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 24.8(a) that, when any other paid annual leave arrangements (whether made under clause 24.7, 24.8 or 24.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(d) A notice given by an employee under clause 24.9(b) 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 24.7, 24.8 or 24.9 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.
(e) An employee is not entitled to request by a notice under clause 24.9(b) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.1(b)) in any period of 12 months.
(f) The employer must grant paid annual leave requested by a notice under clause 24.9(b).
24.10 Cashing out of annual leave
[24.11 renumbered as 24.10 by PR751054 ppc 01May23]
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.10.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.10.
(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 24.10 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 24.10 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 24.10 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 24.10.
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 24.10.
NOTE 3: An example of the type of agreement required by clause 24.10 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.
25. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
26. Parental leave and related entitlements
[26 varied by PR763229 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 32—Dispute resolution and/or under section 76B of the Act.
27.1 Community service leave is provided for in the NES. Clause 27 provides additional provisions.
27.2 A weekly hire employee required to attend for jury service during ordinary working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for jury service and the amount of wages the employee would have received in respect of the ordinary time (including fares and travel) the employee would have worked had the employee not been on jury service.
28. Family and domestic violence leave
[28—Unpaid family and domestic violence leave renamed and substituted by PR750509 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 PR747349
29.1 National Employment Standards
(a) Public holidays are provided for in the NES.
(b) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(c) 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.
(d) Clause 29.1 supplements the NES entitlements. An employer who terminates the employment of an employee except for reasons of misconduct or incompetence (proof of which will lie upon the employer) will pay the employee a day’s ordinary wages for each holiday prescribed in or each holiday in a group which falls within 10 consecutive calendar days after the day of termination.
[29.2 deleted by PR747349 ppc14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774740 from 01Jul24]
29A. Workplace delegates’ rights
[29A inserted by PR774740 from 01Jul24]
29A.1 Clause 29A 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 29A.
29A.2 In clause 29A:
(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.
29A.3 Before exercising entitlements under clause 29A, 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.
29A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
29A.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.
29A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 29A.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.
29A.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 29A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
29A.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.
29A.9 Exercise of entitlements under clause 29A
(a) A workplace delegate’s entitlements under clause 29A 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 29A 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 29A 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 29A.
30. Consultation about major workplace change
(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.
30.2 For the purposes of the discussion under clause 30.1(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.
30.3 Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
30.4 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 30.1(b).
30.5 In clause 30 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.
30.6 Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.
31. Consultation about changes to rosters or hours of work
31.1 Clause 31 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.
31.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
31.4 The employer must consider any views given under clause 31.3(b).
31.5 Clause 31 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 PR763229, PR777259, PR777994]
32.1 Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
32.3 If the dispute is not resolved through discussion as mentioned in clause 32.2, 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.
32.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.
32.5 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.
32.6 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.
32.7 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 32.
32.8 While procedures are being followed under clause 32 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.
32.9 Clause 32.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763229; deleted by PR777994 from 26Aug24]
[Note inserted by PR777994 from 26Aug24; varied by PR777259 from 27Aug24]
NOTE: In addition to clause 32, 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.
33.1 Notice of termination by an employee
(a) Clause 33.1 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 33.1(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 33.1(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 33.1(b), then no deduction can be made under clause 33.1(d).
(f) Any deduction made under clause 33.1(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 33.2 is to be taken at times that are convenient to the employee after consultation with the employer.
34. Industry specific redundancy scheme
34.1 The following redundancy clause for the mobile crane hiring industry is an industry specific redundancy scheme as defined in section 12 of the Act. In accordance with section 123(4)(b) of the Act the provisions of Subdivision B—Redundancy pay of Division 11 of the NES do not apply to employers and employees covered by this award.
34.2 Definitions
(a) Redundancy means any employment situation where the number of employees reasonably required by the employer exceeds the number required to perform the work which is available.
(b) Any one of the following factors may operate to reduce the amount of work which is available:
(i) closure of a company;
(ii) a decline in trade or business opportunities;
(iii) technological change or changes in the industry; or
(iv) a decision by a company to cease providing a particular service performed by its employees in a locality or from a site or depot.
(c) Retrenchment means termination of an employee who is made redundant in accordance with any of the circumstances covered by clause 34.2(b).
(d) For the purpose of clause 34, continuous service means service that will be deemed to be continuous notwithstanding an employee’s absence from work for any of the following reasons:
· annual leave, personal leave or parental leave;
· illness or accident up to a maximum of 4 weeks after the expiration of paid sick leave;
· jury service;
· injury received during the course of employment and up to a maximum of 26 weeks for which the employee received workers compensation;
· where called up for military service for up to 3 months in any qualifying period;
· long service leave;
· any reason satisfactory to the employer, provided that the reason will not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when the employee was due to attend for work, or as soon as practicable thereafter, of the reason for the absence and probable duration.
34.3 Payment instead of notice
In supplementation of the NES, clause 34.3 provides additional notice entitlements, to operate to the extent that the entitlements exceed those in the NES.
(a) Employees with more than 12 months’ continuous service will be entitled to receive 4 weeks’ pay at ordinary rates instead of notice.
(b) Employees with less than 12 months continuous service, other than casuals will be entitled to notice on the following basis:
(i) up to 3 months—one week;
(ii) more than 3 months up to 6 months—2 weeks;
(iii) more than 6 months up to 9 months—3 weeks; or
(iv) over 9 months—4 weeks.
(c) An employee will be paid instead of such notice or be required to work one week of such notice and be paid any balance instead.
(a) Retrenched employees with more than 12 months service, will be entitled to 3 weeks pay, at the ordinary rate of pay for each completed year of service and pro rata payments for any uncompleted final year up to a maximum of 27 weeks’ pay.
(b) Provided that any employee who had at 16 September 1994 accrued any entitlements of more than 27 weeks’ pay will be entitled to the number of weeks entitlement accrued at that date with payment at the ordinary rate of pay applicable at the date of retrenchment.
34.5 Other entitlements
In addition to the entitlements prescribed in clauses 34.3 and 34.4, retrenched employees are entitled to the following additional benefits:
(a) payment of public holidays occurring within 20 working days of the final day of employment;
(b) pro rata annual leave plus loading of 17.5%; and
(c) accumulated sick leave to a maximum of 10 days.
(a) Except where an employee has received redundancy benefits, where a business is transferred from an employer (in clause 34.6(a) called the old employer) to another employer (in clause 34.6(a) called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer.
(i) the continuity of the employment of the employee will be deemed not to have been broken by reasons of such transfer; and
(ii) the period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer.
(b) In clause 34.6, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transferred has a corresponding meaning.
Schedule A—Classification Structure
A.1 Classifications
A.1.1 Mobile Crane Employee Level 1 (MCE1)
(a) Skills and duties
An employee at MCE1 level may perform the following tasks:
· Dogger
· Counterweight/Gear Truck Driver
· Mobile Hydraulic Platform Operator–up to 17m
· up to 20 tonne Slew Crane Operator
(b) Minimum qualifications
An employee at MCE1 level must have successfully obtained the following minimum qualification:
· Dogging License; or
· Boom-type elevating work platform License (WP); or
· Heavy Rigid License (HR); and
· Slew Crane License of up to 20 tonnes
A.1.2 Mobile Crane Employee Level 2 (MCE2)
(a) Skills and duties
An employee at MCE2 level may perform the following tasks:
· 21t–60t Slew Crane Operator (C2 &C6)
· Non Slew (Franna) Operator (CN)
· Basic Rigger (structural steel frames erection or assembly of mobile cranes)
· Mobile Hydraulic Platform Operator - 17m and up to 28m
(b) Minimum qualifications
An employee at MCE2 level must have successfully obtained the following minimum qualification:
· Heavy Rigid License (HR); and
· Slew Crane License of up to 60 tonne; or
· Non Slew Crane Operator License; or
· Basic Rigger ticket; or
· Boom-type elevating work platform license (WP).
A.1.3 Mobile Crane Employee Level 3 (MCE3)
(a) Skills and duties
An employee at MCE3 1evel may perform the following tasks:
· 61t–100t Slew Crane Operator (C1);
· Intermediate Rigger (Tower Crane erecting or Pre CastConcrete component erection);
· Mobile Hydraulic Platform Operator–28m and above.
(b) Minimum qualifications
An employee at MCE3 level must have successfully obtained the following minimum qualification:
· Heavy Combination License (HC); and
· Slew Crane License of up to 100 tonne; or
· Intermediate Riggers License; or
· Boom-type elevating work platform license (WP).
A.1.4 Mobile Crane Employee Level 4 (MCE4)
(a) Skills and duties
An employee at MCE4 level may perform the following tasks:
· 101t–200t Slew Crane Operator (No boom trailer) (CO);
· Advanced Rigger; or
· Heavy Low Bed Transport Operator.
(b) Minimum qualifications
An employee at MCE4 level must have successfully obtained the following minimum qualification:
· Heavy Combination License (HC); and
· Doggers ticket; and
· Slew Crane License of over 100 tonne; or
· Advanced Rigger; or
· Multi Combination License.
A.1.5 Mobile Crane Employee Level 5 (MCE5)
(a) Skills and duties
An employee at MCE5 level may perform the following tasks:
· 201t - 300t Slew Crane (CO);
· less than 100t Slew Crane with Boom Trailer; or
· less than100t Slew Crane with Luffing Fly Jib.
(b) Minimum qualifications
An employee at MCE5 level must have successfully obtained the following minimum qualification:
· Slew Crane License of over 100 tonne; and
· Heavy Combination License (HC); and
· Doggers ticket.
A.1.6 Mobile Crane Employee level 6 (MCE6)
(a) Skills and duties
An employee at MCE6 level may perform the following tasks:
· 301t–400t Slew Crane Operator (CO); or
· less than 200t Crane Operator with Luffing Fly Jib.
(b) Minimum qualifications
An employee at MCE6 level must have successfully obtained the following minimum qualification:
· Slew Crane License of over 100 tonne; and
· Heavy Combination License (HC); and
· Riggers ticket.
A.1.7 Mobile Crane Employee level 7 (MCE7)
(a) Skills and duties
An employee at MCE7 level may perform the following tasks:
· 401t or greater Slew Crane (CO); or
· less than 200t with Superlift type attachment.
(b) Minimum qualifications
An employee at MCE7 level must have successfully obtained the following minimum qualification:
· Slew Crane License of over 100 tonne; and
· Heavy Combination License (HC); and
· Intermediate Rigger.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR729287, PR740713, PR762142, PR773917]
B.1 Ordinary hourly rate
Ordinary hourly rate includes the industry allowance (clause 16.2) which is payable for all purposes.
B.2 Full-time employees
B.2.1 Full-time employees other than shiftworkers—ordinary rates
[B.2.1 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
|
|
Ordinary hours |
|
|
% of ordinary hourly rate1 |
|
|
100% |
|
|
$ |
|
Level 1 (MCE1) |
28.72 |
|
Level 2 (MCE2) |
29.57 |
|
Level 3 (MCE3) |
30.42 |
|
Level 4 (MCE4) |
31.19 |
|
Level 5 (MCE5) |
32.69 |
|
Level 6 (MCE6) |
33.33 |
|
Level 7 (MCE7) |
34.18 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.2.2 Full-time shiftworkers—shiftwork rates
[B.2.2 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
|
|
Day shift1 |
Afternoon shift2 |
Night shift3 |
Sunday |
Public holiday |
Non-successive afternoon or night shifts4 |
|
|
First 2 hours |
After 2 hours |
||||||
|
|
% of ordinary hourly rate5 |
||||||
|
|
115% |
115% |
115% |
200% |
250% |
150% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 (MCE1) |
33.03 |
33.03 |
33.03 |
57.44 |
71.80 |
43.08 |
57.44 |
|
Level 2 (MCE2) |
34.01 |
34.01 |
34.01 |
59.14 |
73.93 |
44.36 |
59.14 |
|
Level 3 (MCE3) |
34.98 |
34.98 |
34.98 |
60.84 |
76.05 |
45.63 |
60.84 |
|
Level 4 (MCE4) |
35.87 |
35.87 |
35.87 |
62.38 |
77.98 |
46.79 |
62.38 |
|
Level 5 (MCE5) |
37.59 |
37.59 |
37.59 |
65.38 |
81.73 |
49.04 |
65.38 |
|
Level 6 (MCE6) |
38.33 |
38.33 |
38.33 |
66.66 |
83.33 |
50.00 |
66.66 |
|
Level 7 (MCE7) |
39.31 |
39.31 |
39.31 |
68.36 |
85.45 |
51.27 |
68.36 |
1 Day shift means any shift starting at or after 6.00 am and before 10.00 am.
2 Afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm.
3 Night shift means any shift starting at or after 8.00 pm and before 6.00 am.
4 Non-successive afternoon or night shifts apply to shift workers working a roster that does not continue for at least 5 successive shifts as stated in clause 23.3.
5 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.2.3 Full-time employees—overtime
[B.2.3 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
|
|
Other than shiftworkers |
Shiftworkers only |
All employees |
|||||
|
|
Monday–Friday & Saturday before 12 noon |
Saturday after 12 noon |
All work outside the ordinary hours of shiftwork |
Saturday before 12 noon |
Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
All time worked |
First 2 hours |
After 2 hours or after 12 noon |
All time worked |
|
||
|
|
% of ordinary hourly rate1 |
|||||||
|
|
150% |
200% |
200% |
200% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 (MCE1) |
43.08 |
57.44 |
57.44 |
57.44 |
43.08 |
57.44 |
57.44 |
71.80 |
|
Level 2 (MCE2) |
44.36 |
59.14 |
59.14 |
59.14 |
44.36 |
59.14 |
59.14 |
73.93 |
|
Level 3 (MCE3) |
45.63 |
60.84 |
60.84 |
60.84 |
45.63 |
60.84 |
60.84 |
76.05 |
|
Level 4 (MCE4) |
46.79 |
62.38 |
62.38 |
62.38 |
46.79 |
62.38 |
62.38 |
77.98 |
|
Level 5 (MCE5) |
49.04 |
65.38 |
65.38 |
65.38 |
49.04 |
65.38 |
65.38 |
81.73 |
|
Level 6 (MCE6) |
50.00 |
66.66 |
66.66 |
66.66 |
50.00 |
66.66 |
66.66 |
83.33 |
|
Level 7 (MCE7) |
51.27 |
68.36 |
68.36 |
68.36 |
51.27 |
68.36 |
68.36 |
85.45 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.3 Casual employees
[Varied by PR729287]
B.3.1 Casual employees—ordinary rates
[B.3.1 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
|
|
Ordinary hours |
|
|
% of ordinary hourly rate1 |
|
|
125% |
|
|
$ |
|
Level 1 (MCE1) |
35.90 |
|
Level 2 (MCE2) |
36.96 |
|
Level 3 (MCE3) |
38.03 |
|
Level 4 (MCE4) |
38.99 |
|
Level 5 (MCE5) |
40.86 |
|
Level 6 (MCE6) |
41.66 |
|
Level 7 (MCE7) |
42.73 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.3.2 Casual shiftworkers—shiftwork rates
[B.3.2 varied by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
|
|
Day shift1 |
Afternoon shift2 |
Night shift3 |
Sunday |
Public holiday |
Non-successive afternoon or night shifts4 |
|
|
First 2 hours |
After 2 hours |
||||||
|
|
% of ordinary hourly rate5 |
||||||
|
|
140% |
140% |
140% |
225% |
275% |
175% |
225% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 (MCE1) |
40.21 |
40.21 |
40.21 |
64.62 |
78.98 |
50.26 |
64.62 |
|
Level 2 (MCE2) |
41.40 |
41.40 |
41.40 |
66.53 |
81.32 |
51.75 |
66.53 |
|
Level 3 (MCE3) |
42.59 |
42.59 |
42.59 |
68.45 |
83.66 |
53.24 |
68.45 |
|
Level 4 (MCE4) |
43.67 |
43.67 |
43.67 |
70.18 |
85.77 |
54.58 |
70.18 |
|
Level 5 (MCE5) |
45.77 |
45.77 |
45.77 |
73.55 |
89.90 |
57.21 |
73.55 |
|
Level 6 (MCE6) |
46.66 |
46.66 |
46.66 |
74.99 |
91.66 |
58.33 |
74.99 |
|
Level 7 (MCE7) |
47.85 |
47.85 |
47.85 |
76.91 |
94.00 |
59.82 |
76.91 |
1 Day shift means any shift starting at or after 6.00 am and before 10.00 am.
2 Afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm.
3 Night shift means any shift starting at or after 8.00 pm and before 6.00 am.
4 Non-successive afternoon or night shifts apply to shift workers working a roster that does not continue for at least 5 successive shifts as stated in clause 23.3.
5 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
Schedule C—Summary of Monetary Allowances
[Varied by PR729287, PR729476, PR740713, PR740881, PR743419, PR750782, PR762142, PR762305, PR773917, PR774085]
See clause 18—Allowances for full details of allowances payable under this award.
[C.1 varied by PR729287, PR740713, PR743419 ppc 11Jul22, PR762142, PR773917]
The following wage-related allowances are based on the standard rate, defined in clause 2—Definitions as the minimum hourly rate for a mobile crane employee (MCE) level 1 in clause 16.1 = $27.17.
|
Clause |
% of standard rate |
$ |
Payable |
|
|
All-purpose industry allowance1 |
16.2 |
216.6 |
58.85 |
per week |
|
Multi crane lift allowance—where 2 cranes are engaged |
18.2(b) |
16.1 |
4.37 |
per day |
|
Multi crane lift allowance—where 3 cranes are engaged |
18.2(b) |
31.9 |
8.67 |
per day |
|
Multi crane lift allowance—where 4 cranes are engaged |
18.2(b) |
47.7 |
12.96 |
per day |
|
Multi crane lift allowance—where more than 4 cranes are engaged |
18.2(b) |
63.8 |
17.33 |
per day |
|
Pile driving allowance |
18.2(c) |
78.1 |
21.22 |
per day or part thereof |
1 This allowance applies for all purposes of this award.
C.2 Expense-related allowances
[C.2 varied by PR729476, PR740881, PR762305, PR774085 ppc 01Jul24]
The following expense-related allowances will be payable to employees in accordance with clause 18.3.
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—overtime for more than 1.5 hours after ordinary hours |
15.2(d) |
18.51 |
per meal |
|
Meal allowance—start work 2 or more hours prior to normal commencement |
15.2(e) |
18.51 |
per meal |
|
Protective clothing—purchase of safety footwear |
18.3(a)(ii) |
80.10 |
per occasion |
|
Protective clothing—purchase of Bluey Jacket |
18.3(a)(v) |
80.10 |
per occasion |
|
Fares and travel allowance—travel patterns |
18.3(c)(i) |
21.94 |
per day |
|
Car allowance |
18.3(d)(i) |
0.98 |
per km |
|
Accommodation and overnight allowance |
18.3(e)(i)(A) |
100.22 |
per day |
C.3 Adjustment of monetary allowances
C.3.1 This award contains wage-related allowances and expense-related (or reimbursement) allowances.
[C.3.2 substituted by PR750782 ppc 15Mar23]
C.3.2 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.3.3 At the time of each adjustment to 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.
C.3.4 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 |
|
Protective clothing |
All groups |
|
Meal allowance |
Meals out and take away foods sub-group |
|
Overnight allowance |
Domestic holiday travel and accommodation sub-group |
|
Fares and travel |
Transport group |
|
Car allowance |
Private motoring 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 (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.4.2 Provided that the minimum amount payable must be not less than $106 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—National Training Wage
[Varied by PR729287, PR740713, PR762142, PR773917]
E.1 Definitions
E.1.1 In this schedule:
adult trainee means a trainee who would qualify for the highest minimum wage in wage level A or B if covered by that wage level.
approved training, in relation to a trainee, means the training specified in the training contract of the trainee.
Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.
relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships, and to register training contracts, under the relevant State or Territory vocational education and training legislation.
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Apprenticeship and Traineeship Act 2001 (NSW);
Education and Training Reform Act 2006 (Vic);
Training and Skills Development Act 2008 (SA);
Training and Skills Development Act 2016 (NT);
Training and Tertiary Education Act 2003 (ACT);
Training and Workforce Development Act 2013 (Tas);
Vocational Education and Training Act 1996 (WA);
Further Education and Training Act 2014 (Qld).
trainee means an employee undertaking a traineeship under a training contract.
traineeship means a system of training that:
(a) has been approved by the relevant State or Territory training authority; and
(b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee; and
(c) leads to an AQF certificate level qualification.
training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee.
wage level A or B, see clause E.4.
Year 10 includes any year before Year 10.
E.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:
(a) include any period of schooling beyond Year 10 that was not part of, or did not contribute to, a completed year of schooling; and
(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and
(c) not include any period during a calendar year after the completion during that year of a year of schooling.
E.2 Coverage
E.2.1 Subject to clauses E.2.2, E.2.3, E.2.4 and E.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause E.6 or by clause E.4.4.
E.2.3 This schedule does not apply to:
(a) the apprenticeship system; or
(b) qualifications not identified in training packages; or
(c) qualifications in training packages that are not identified as appropriate for a traineeship.
E.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
E.3 Types of traineeship
The following types of traineeship are available:
E.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
E.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:
(a) wholly on the job; or
(b) partly on the job and partly off the job; or
(c) wholly off the job.
[E.4 substituted by PR729287, PR740713, PR762142, PR773917 ppc 01Jul24]
E.4.1 Minimum weekly rates for full-time traineeships
The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause E.6.1 is the weekly rate specified in Column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
522.20 |
|
Plus 1 year out of school |
439.00 |
522.20 |
607.70 |
|
Plus 2 years out of school |
522.20 |
607.70 |
707.20 |
|
Plus 3 years out of school |
607.70 |
707.20 |
809.70 |
|
Plus 4 years out of school |
707.20 |
809.70 |
|
|
Plus 5 or more years out of school |
809.70 |
||
NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(a).
The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause E.6.2 or by clause E.4.4 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
585.40 |
|
Plus 2 years out of school |
508.90 |
585.40 |
686.60 |
|
Plus 3 years out of school |
585.40 |
686.60 |
783.00 |
|
Plus 4 years out of school |
686.60 |
783.00 |
|
|
Plus 5 or more years out of school |
783.00 |
||
NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(b).
(c) AQF Certificate Level IV traineeships
(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.
(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in Column 2 or 3 of Table 3—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship) according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1.
Table 3—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)
|
Column 1 Wage level |
Column 2 First year of traineeship |
Column 3 Second and subsequent years of traineeship |
|
per week |
per week |
|
|
|
$ |
$ |
|
A |
840.40 |
872.30 |
|
B |
812.80 |
843.70 |
NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(c).
E.4.2 Minimum hourly rates for part-time traineeships
The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause E.6.1 is the hourly rate specified in Column 2 of Table 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
17.17 |
|
Plus 1 year out of school |
14.44 |
17.17 |
19.99 |
|
Plus 2 years out of school |
17.17 |
19.99 |
23.26 |
|
Plus 3 years out of school |
19.99 |
23.26 |
26.64 |
|
Plus 4 years out of school |
23.26 |
26.64 |
|
|
Plus 5 or more years out of school |
26.64 |
||
NOTE: See clause E.4.2(e) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(a).
The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause E.6.2 or by clause E.4.4 is the hourly rate specified in Column 2 of Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
19.26 |
|
Plus 2 years out of school |
16.75 |
19.26 |
22.59 |
|
Plus 3 years out of school |
19.26 |
22.59 |
25.76 |
|
Plus 4 years out of school |
22.59 |
25.76 |
|
|
Plus 5 or more years out of school |
25.76 |
||
NOTE: See clause E.4.2(e) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(b).
The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage levels A or B by clause E.6 or by clause E.4.4 is the hourly rate in Column 1 or 2 of Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship) according to the year of schooling of the trainee.
Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship)
|
Column 1 Year 11 or lower |
Column 2 Year 12 |
|
per hour |
per hour |
|
$ |
$ |
|
13.11 |
14.44 |
NOTE: See clause E.4.2(e) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(c).
(d) AQF Certificate Level IV traineeships
(i) The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum hourly rate for the relevant part-time AQF Certificate Level III traineeship increased by 3.8%.
(ii) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in Column 2 or 3 of Table 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1.
Table 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)
|
Column 1 Wage level |
Column 2 First year of traineeship |
Column 3 Second and subsequent years of traineeship |
|
per hour |
per hour |
|
|
|
$ |
$ |
|
A |
27.65 |
28.69 |
|
B |
26.74 |
27.75 |
NOTE: See clause E.4.2(e) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(d).
(e) Calculating the actual minimum wage
(i) If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer, the appropriate minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses E.4.2(a) to (d) by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) If the approved training for a part-time traineeship is provided wholly off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum hourly rate in clauses E.4.2(a), E.4.2(b), E.4.2(c) and E.4.2(d) applies to each ordinary hour worked by the trainee.
(iii) If the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum hourly rate in clauses E.4.2(a), E.4.2(b), E.4.2(c) and E.4.2(d) minus 20% applies to each ordinary hour worked by the trainee.
E.4.3 Other minimum wage provisions
(a) Clause E.4.3 applies despite anything to the contrary in clause E.4.2 or E.4.4.
(c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in clause E.4.3(b), casual loadings are to be disregarded.
(d) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, if a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause E.6 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to wage level B.
E.5 Employment conditions
E.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave, paid compassionate leave and paid absence on public holidays. However, if the trainee works on a public holiday, the public holiday provisions of this award apply.
E.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in, or associated with, the training contract.
E.5.4 The time to be included for the purpose of calculating the wages for part time trainees whose approved training is wholly off-the-job is determined by clauses E.4.2(e)(ii) and (iii) and not by clause E.5.3.
E.5.5 Subject to clause E.2.4, this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
E.6 Allocation of traineeships to wage levels
The wage levels applying to training packages and their AQF certificate levels are:
|
Training package |
AQF certificate level |
|
Construction, Plumbing and Services |
I, II, III |
|
Transport and Logistics |
III |
|
Training package |
AQF certificate level |
|
Transport and Logistics |
I, II |
Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age: Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule H—Agreement for Time Off Instead of Payment for Overtime
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
[Schedule I—Part-day Public Holidays.deleted by PR747349 ppc14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR736910; deleted by PR746868 ppc 17Oct22]
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past and present.