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Road Transport (Long Distance Operations) Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777266 and PR778000).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
28—Dispute resolution
Table of Contents
[Varied by PR742720, PR747354, PR750536, PR774749, PR778000]
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Road Transport (Long Distance Operations) Award 2020.
[Varied by PR733898, PR774749, PR777266]
In this award, unless the contrary intention appears:
accredited Fatigue Management Plan means any program which is approved under an Act of a Commonwealth, State or Territory parliament for the purposes of managing driver fatigue.
Act means the Fair Work Act 2009 (Cth).
articulated vehicle means a vehicle with three or more axles, comprising a power unit (called tractor truck, prime mover etc.) and semi-trailer which is superimposed on the power unit and coupled together by means of a king-pin and revolving on a turntable and is articulated whether automatically detachable or permanently coupled.
[Definition of casual employee inserted by PR733898 from 27Sep21; varied by PR777266 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
double-articulated vehicle means a vehicle with 4 or more axles, comprising a power unit (called tractor truck, prime mover etc.) and semi-trailer (called dolly trailer) which is superimposed on the power unit, which in turn has a load carrying semi-trailer superimposed upon the dolly trailer, both semi-trailers and power unit and are articulated together by means of king-pins and revolving on turntables and are articulated whether automatically detachable or permanently coupled.
driving time means all time driving the vehicle between destinations but not including rest breaks.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774749 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 PR774749 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).
fatigue management rules/regulations means Commonwealth, State or Territory laws controlling driving and working hours of heavy vehicle operators or fatigue management.
furniture means any article of household and/or office furniture or whitegoods which are completely manufactured and ready for use, and will include furniture being transported from a manufacturer to a retail store, unless such furniture is crated, cartonised, or otherwise covered.
gross combination mass (GCM) means the maximum permissible mass (whether described as the gross train mass or otherwise) for the motor vehicle and the trailer(s) or semi-trailer(s) attached to it, together with the load carried on each, as stated in any certificate of registration or other certificate that is issued in respect of the motor vehicle by the relevant authority or by the corresponding authority of another State or Territory or that is required by law to be painted or displayed on the motor vehicle.
gross vehicle mass (GVM) means the maximum permissible mass (whether described as the gross train vehicle mass or otherwise) for the motor vehicle and its load (but excluding any trailer and its load) as stated in a certificate of registration or other certificate that is issued in respect of the motor vehicle by the relevant authority or by the corresponding authority of another State or Territory or that is required by the law to be painted or displayed on the motor vehicle.
home base will be the employer’s base at which the contract of employment was entered into and out of which the employee normally operates. This will not affect the right of any employer and any employee to agree that some other base will be substituted during the period of employment.
interstate operation has the meaning given in clause 4.2(c).
livestock means horses, cattle, sheep, pigs, goats or poultry.
loading or unloading means being physically engaged in the loading or unloading of the vehicle and includes tarping, installing and removing gates and operation of on board cranes.
long distance operation has the meaning given in clause 4.2(b).
low loader articulated vehicle means a vehicle consisting of a tandem drive prime mover and a gooseneck semi-trailer (not being a drop deck semi-trailer) with a loading area of the semi-trailer a maximum of one metre off the ground. The prime mover and gooseneck semi-trailer being designed and manufactured and plated to operate at the required mass limits.
maker’s capacity means the capacity shown on the certificate of registration issued for the vehicle under any Act of the State or any Act of the Commonwealth. Where no such capacity is shown on the certificate of registration maker’s capacity means the capacity attributed to the vehicle by the manufacturer as a maximum gross rating less the tare of the vehicle. Provided that on any day that the maximum weight of any load exceeds such capacity by one third or more such maximum weight will, for the purposes of assessing the wages to be paid for that day, be deemed to be the maker’s capacity.
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 Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary weekly rate means the appropriate rate of pay listed in clause 16.1.
private transport industry has the meaning given in clause 4.2(a).
road train vehicle means a rigid vehicle to which is coupled 2 or more trailers, or an articulated vehicle to which is coupled one or more trailers.
[Definition of small business employer inserted by PR774749 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate prescribed for Grade 6 in clause 16.1.
weekly employee means an employee on weekly hiring.
[Definition of workplace delegate inserted by PR774749 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia in the private transport industry engaged in long distance operations and their employees in the classifications listed in clause 12—Classifications to the exclusion of any other modern award.
4.4 This award covers any employer which supplies labour on an on-hire basis in the private transport industry engaged in long distance operations 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 private transport industry engaged in long distance operations 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 in clause 4.1 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by 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 PR763236 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 28—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.5(b) |
Rostered days off—cashing out |
An individual |
|
13.5(e) |
Rostered days off— alteration of days off |
An individual |
|
16.6(b) |
Loading or unloading |
An individual |
|
20.9 |
Annual leave in advance |
An individual |
|
20.10 |
Cashing out of annual leave |
An individual |
|
25.2 |
Substitution of certain public holidays by agreement at the enterprise |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees will be engaged in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement the employer will inform each employee of their terms of engagement.
A full-time employee is an employee engaged by an employer for an average of 38 ordinary hours per week over 28 days.
10.1 A part-time employee is an employee engaged by an employer for an average of less than 38 ordinary hours per week over 28 days.
10.2 Before commencing part-time employment, the employee and employer must agree upon:
(a) the days of the week on which the employee will be required by the employer to commence work on a long distance operation, and
(b) either the maximum number of ordinary hours of work per week, or the maximum weekly average number of ordinary hours of work calculated over a period of not more than 28 days, that the employee may perform.
10.3 The terms of any agreement made under clause 10.2 may be varied by genuine agreement of both the employer and employee.
10.4 The terms of any agreement made under clause 10.2, or any variation to it, must be recorded in writing and retained by the employer. A copy of any such record must be provided to the employee by the employer.
10.5 The maximum number of days per week that may be agreed upon under clauses 10.2 or 10.3 is 3.
10.6 An employer must not direct a part-time employee to work on days that are not agreed upon in accordance with clauses 10.2 or 10.3.
10.7 A part-time employee may agree to an employer request for them to work on days other than those agreed under clauses 10.2 or 10.3. A part-time employee must be paid an additional 15% on:
(a) the cents per kilometre (CPK) rates set out in clause 16.4;
(b) the hourly driving rates set out in clause 16.5; and
(c) any amount payable under clause 16.6;
for driving or loading and unloading duties that is undertaken in accordance with an employer request on days not agreed in accordance with clauses 10.2 or 10.3.
10.8 A part-time employee who is paid by the cents per kilometre method of clause 16.4 must receive a minimum payment per day for 500 km. Where the employee is engaged according to the hourly driving rate method the minimum payment per day must be 8 hours’ pay.
10.9 A part-time employee’s ordinary hours of work will be 8 hours per day, unless the employer and employee agree in writing upon a greater number.
10.10 For the purpose of clause 10, a day will mean the 24 hour period from the time the employee commences work.
[Varied by PR733898, PR777266]
[11.1 deleted by PR733898 from 27Sep21]
[11.2 renumbered as 11.1 by PR733898 from 27Sep21]
11.1 A casual employee while driving must be paid an additional 15% on the cents per kilometre (CPK) rates set out in clause 16.4 and the hourly driving rates set out in clause 16.5.
[11.3 renumbered as 11.2 by PR733898 from 27Sep21]
11.3 Minimum payment and engagement
[11.4 renumbered as 11.3 by PR733898 from 27Sep21]
(a) A casual employee who is paid by the cents per kilometre method of clause 16.4 must receive a minimum payment per engagement for 500 km.
(b) Where the employee is engaged according to the hourly driving rate method the minimum engagement must be 8 hours.
11.4 Changes to casual employment status
[11.5 renumbered as 11.4 and renamed and substituted by PR733898; renamed and substituted by PR777266 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 28—Dispute resolution.
Employees are to be classified in accordance with the following grades:
|
Description |
|
|
1 and 2 |
NOTE: Grade levels in this award align with equivalent grade levels in the Road Transport and Distribution Award 2020. Grades 1 and 2 are not applicable to this award. |
|
3 |
Driver of 2 axle rigid vehicle up to 13.9 tonnes GVM. Capacity up to 8 tonnes. |
|
4 |
Driver of 3 axle rigid vehicle over 13.9 tonnes GVM. Capacity over 8 and up to 12 tonnes. |
|
5 |
Driver of 4 axle rigid vehicle over 13.9 tonnes GVM. Driver of rigid vehicle and heavy trailer combination with GCM of 22.4 tonnes or less. Driver of articulated vehicle with GCM of 22.4 tonnes or less. Capacity over 12 tonnes. |
|
6 |
Driver of rigid vehicle and heavy trailer combination with GCM over 22.4 tonnes but not more than 42.5 tonnes. Driver of articulated vehicle with GCM over 22.4 tonnes. Driver of low loader (as defined) with GCM of 43 tonnes or less. Capacity up to 24 tonnes. |
|
7 |
Driver of rigid vehicle and heavy trailer combination with GCM over 42.5 tonnes but not more than 53.4 tonnes. Driver of double articulated vehicle with GCM 53.4 tonnes or less (includes B‑doubles). Driver of low loader (as defined) with GCM over 43 tonnes. |
|
8 |
Driver of rigid vehicle and trailer(s) or double articulated vehicle with GCM over 53.4 tonnes (includes B-doubles). Multi-axle trailing equipment up to 70 tonnes capacity. |
|
9 |
Driver of road train or triple articulated vehicle exceeding 94 tonnes GCM. |
|
10 |
Multi-axle trailing equipment. |
13. Ordinary hours of work and rostering
13.1 Ordinary hours and start times
(a) The ordinary hours of work will be an average of 38 hours per week averaged over a period of not more than 28 days.
(b) The scheduling of start times is at the discretion of the employer.
(c) A roster must be set up and displayed so that an employee, as far as it is practicable, will know the hours of duty they are required to perform.
13.2 Hours of work and fatigue management
(a) Where applicable, hours of work will be in accordance with fatigue management rules/regulations (as defined in clause 2—Definitions).
(b) Where clause 13.2(a) is not applicable hours of work will be as follows:
Except where driving hours have been delayed because of accidents or in circumstances over which the employer has no control, the employee must not work and the employer must not require the employee to work:
(i) more than a total of 120 hours in any fortnight exclusive of any unpaid intervals for meals.
(ii) in any one day more than 12 hours, with a break of half an hour after each 5 1/2 hours worked; provided that every employee must have 10 hours off duty immediately after the working period is completed.
(iii) a roster of work which provides for more than 120 hours to be worked in any fortnight.
13.3 Requirement to work reasonable additional hours
(a) An employer may require an employee to work reasonable additional hours at the rates of pay in this award.
(b) An employee may refuse hours of work which are unreasonable.
(c) In determining whether additional hours are reasonable or unreasonable the following must be taken into account:
(i) any risk to employee health and safety from working the additional hours;
(ii) the employee’s personal circumstances including family responsibilities;
(iii) the needs of the workplace or enterprise in which the employee is employed;
(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(v) any notice given by the employer of any request or requirement to work the additional hours;
(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(viii) the nature of the employee’s role and level of responsibility;
(ix) whether the additional hours are in accordance with averaging terms included in a modern award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee, in accordance with sections 63 or 64 of the Act; and
(x) any other relevant matter.
13.4 Time must be computed from the time the employee is rostered or registers for duty, whichever is the later, and until the employee has been effectively released from duty.
(b) RDOs must be taken by employees in accordance with the roster, but may be accumulated and taken consecutively in order to meet the requirements of work. Alternatively, subject to mutual agreement in writing between the employer and an individual employee, any number of accrued rostered days off may be cashed out at the time the employee accesses annual leave. Any payment for a rostered day off will be at 20% of the applicable minimum weekly rate.
(d) Employees must be paid for RDOs at 20% of the applicable rate prescribed by clause 16.1.
(f) Where an employer is required to service a particular industry, plant or section during closure due to annual close down, industrial action, compulsory closure as a result of a legislative direction, other circumstances beyond the control of the employer or in the event of machinery or plant breakdown, an employer may:
(ii) in this event, a rostered day or days off which would normally become due to the employee must not become due for the number of days taken under clause 13.5(f)(i).
(g) An employee disadvantaged in terms of leisure time by a rostered day or days off normally falling on a Friday or a Monday being required to be taken on a Tuesday, Wednesday or Thursday must be rostered to take a Friday or a Monday off on the earliest practicable opportunity upon the normal roster being resumed.
(a) Where an employee is absent from duty (other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, compassionate leave or jury service) the employer may deduct 20% of the employee’s average weekly rate for each day the employee is absent.
(b) An employee absent for part of a day will lose average pay for each hour absent by dividing the average weekly rate by 38.
(c) An employee absent from duty is not entitled to payment for rostered days off as provided in clause 13.5(e). Such employee must take the day or days off as rostered but must be paid, in respect of the week during which the rostered day off is taken, the wage as provided less an amount calculated according to the following formula:
|
No. of days absent during period |
x |
Average fortnightly pay (76 hours) |
(d) An absence of less than half a day will not be counted for the purposes of clause 13.6.
On every occasion on which the employer calls back an employee after leaving the depot or home base such employee must be entitled to payment for a minimum of 4 hours at the rate prescribed by clause 16.1.
13A. Employee right to disconnect
[13A inserted by PR778000 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid to be on-call under clause 16.2(d); 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 on-call.
13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 13.7.
14.1 Employees will not be required to work for less than 3 hours or more than 5 1/2 hours without a meal break subject to clause 13—Ordinary hours of work and rostering. An unpaid meal break must not be less than 30 minutes or more than one hour.
14.2 The provisions of clause 14 do not apply where meal breaks are taken in accordance with fatigue management rules/regulations (as defined in clause 2—Definitions).
15. Delays, breakdown or impassable highways
An employee must be paid for all time up to a maximum of 8 hours in any period of 24 hours at the rate prescribed by clause 16.1 where a long distance operation is delayed because of breakdowns or impassable highways. Provided that the employee must take all reasonable steps to minimise the period of delay.
[Varied by PR720159, PR718857, PR729293, PR740719, PR762148, PR773923]
16.1 Minimum weekly rates of pay
[16.1(a) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(a) The minimum weekly rates of pay for ordinary hours of work are as follows:
|
Grade |
Minimum weekly rate (full-time employee) |
|
|
$ |
|
1 |
These grades are not used to classify employees covered by this Award |
|
2 |
These grades are not used to classify employees covered by this Award |
|
3 |
975.50 |
|
4 |
992.70 |
|
5 |
1005.00 |
|
6 |
1016.40 |
|
7 |
1031.20 |
|
8 |
1061.20 |
|
9 |
1078.90 |
|
10 |
1105.70 |
(b) The agreed minimum weekly rate of pay for ordinary hours of work performed by a part-time employee will be the minimum weekly rate of pay specified in clause 16.1(a) divided by 38 and multiplied by the number of ordinary hours per week that the employee is engaged to perform under clause 10.2.
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
16.2 Guaranteed minimum payment
(a) A full-time or part-time employee is entitled to a guaranteed minimum fortnightly payment which must be twice the minimum weekly rate of pay prescribed by clause 16.1 for the classification under which the employee is working. Provided that, to become entitled to this payment, the employee must be ready, willing and available to perform such duties covered by this award which the employer may from time to time require. The fortnightly payment must be calculated by reference to consecutive fortnightly periods.
(b) Any amount that a part-time employee earns under this award in relation to work undertaken in accordance with an employer request to work on days other than those agreed in accordance with clause 10.2, or varied in accordance with clause 10.3, will not be taken into consideration when calculating the guaranteed minimum fortnightly payment referred to in clause 16.2. Nor will such amounts form part of the agreed minimum weekly rate of pay for ordinary hours of work performed by a part-time employee. Such amounts will instead be a payment in respect of work performed outside of an employee’s ordinary hours.
(c) A casual employee is entitled to a guaranteed minimum payment per engagement as set out in clause 11.3.
(d) A full-time or part-time employee, having already earned the guaranteed fortnightly payment, and held on-call for any part of the second week, must be paid on an hourly basis for the period during which the employee remains on-call at the rate prescribed for the appropriate classification of this award, in addition to the guaranteed fortnightly payment.
(e) An employee travelling by sea or rail in company with a vehicle on a long distance operation must be paid 8 hours’ ordinary pay in any day. Provided that if any working period less than 8 hours otherwise covered by this award has been worked, the employee must be entitled to the balance of the difference paid between 8 hours’ and actual hours worked. The cost of transport must be borne by the employer.
16.3 Rates of pay
(a) An employer of an employee engaged in a long distance operation must nominate, at the commencement of the employee’s employment, whether the employee is to be paid pursuant to:
(i) the cents per kilometre method set out in clause 16.4; or
(ii) the hourly rate method set out in clause 16.5.
(b) Where no method has been nominated in accordance with clause 16.3(a), the cents per kilometre method will apply.
(d) The minimum driving rate must be either the cents per kilometre rate set out in clause 16.4 or the hourly rate set out in clause 16.5, depending upon which method is applicable under clauses 16.3(a) and 16.3(b).
(e) In addition to the appropriate minimum driving rate, a long distance driver must be paid:
(i) the rate or allowance for any loading or unloading duties calculated in accordance with clause 16.6;
(ii) the travelling allowance as prescribed by clause 18.3(c); and
(iii) any other allowances required to be paid by the award.
16.4 Rates of pay—kilometre driving method
[16.4(a) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(a) An employee engaged in a long distance operation may be paid for the driving component of a particular journey by multiplying the number of kilometres travelled by the cents per kilometre rate for the relevant vehicle, subject to clause 16.4(b).
The minimum cents per kilometre rate for each grade is as follows:
|
Grade |
Minimum cents per kilometre |
|
3 |
50.73 |
|
4 |
51.62 |
|
5 |
52.26 |
|
6 |
52.85 |
|
7 |
53.62 |
|
8 |
55.18 |
|
9 |
56.10 |
|
10 |
57.50 |
(b) Schedule of agreed distances
The following schedule shows the agreed distances for long distance journeys between the listed centres. Where an employee performs a journey and that journey is specified in this schedule, the number of kilometres is deemed to be the number indicated in the schedule for that journey.
|
From/To |
Route |
Kilometres |
|
Sydney/Brisbane |
New England Highway |
950 |
|
Sydney/Melbourne |
Hume Highway |
858 |
|
Sydney/Adelaide |
Bathurst/Sturt Highway |
1367 |
|
Sydney/Perth |
Broken Hill |
4044 |
|
Sydney/Darwin |
Charleville/Dubbo |
3987 |
|
|
|
|
|
Melbourne/Brisbane |
Newell Highway |
1682 |
|
Melbourne/Sydney |
Hume Highway |
858 |
|
Melbourne/Adelaide |
Dukes/Western Highway |
731 |
|
Melbourne/Perth |
Western/Eyre Highway |
3407 |
|
Melbourne/Darwin |
Stuart/Western Highway |
3749 |
|
|
|
|
|
Adelaide/Brisbane |
Broken Hill/Newell Highway |
2015 |
|
Adelaide/Sydney |
Bathurst/Sturt Highway |
1367 |
|
Adelaide/Perth |
Eyre Highway |
2677 |
|
Adelaide/Melbourne |
Dukes/Western Highway |
731 |
|
Adelaide/Darwin |
Stuart Highway |
3019 |
|
|
|
|
|
Brisbane/Sydney |
New England |
950 |
|
Brisbane/Melbourne |
Pacific/Hume Highway |
1790 |
|
Brisbane/Adelaide |
Broken Hill/Newell Highway |
2015 |
|
Brisbane/Perth |
New England/Newell/Barrier |
4314 |
|
Brisbane/Darwin |
Roma |
3417 |
|
|
|
|
|
Perth/Adelaide |
Eyre Highway |
2677 |
|
Perth/Melbourne |
Western/Eyre Highway |
3407 |
|
Perth/Sydney |
Broken Hill |
4044 |
|
Perth/Brisbane |
New England/Newell/Barrier |
4314 |
|
Perth/Darwin |
North West Coastal |
4027 |
|
|
|
|
|
Darwin/Brisbane |
Roma |
3417 |
|
Darwin/Sydney |
Charleville/Dubbo |
3978 |
|
Darwin/Melbourne |
Stuart/Western Highway |
3749 |
|
Darwin/Adelaide |
Stuart Highway |
3019 |
|
Darwin/Perth |
North West Coastal |
4027 |
16.5 Rates of pay—hourly driving method
(i) where the journey to be performed by the driver is listed in the schedule in clause 16.5(c) the number of driving hours for that journey is deemed for the purposes of this award to be no fewer than the number indicated in the schedule for that journey; or
(ii) where the journey to be completed is not listed in clause 16.5(c) payment must be for actual hours worked and must not be pursuant to a trip rate which provides for a fixed amount per trip; or
(iii) where the employer has an accredited Fatigue Management Plan (FMP) in place, the hourly rate may be used to calculate a trip rate for any journey by multiplying the hourly rate by the number of driving hours specified in the FMP for that journey. For the purposes of clause 16.5 accredited Fatigue Management Plan means any program which is approved under an Act of a Commonwealth, State or Territory parliament for the purposes of managing driver fatigue.
[16.5(b) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(b) The minimum hourly driving rate is calculated by dividing the minimum weekly rate prescribed by clause 16.1 by 40, and multiplying by 1.3 (industry disability allowance as defined in clause 18.2(a)) and 1.2 (overtime allowance as defined in clause 18.2(b)).
|
Grade |
Minimum hourly driving rate |
|
|
$ |
|
3 |
38.04 |
|
4 |
38.72 |
|
5 |
39.20 |
|
6 |
39.64 |
|
7 |
40.22 |
|
8 |
41.39 |
|
9 |
42.08 |
|
10 |
43.12 |
1 Minimum hourly driving rate includes industry disability allowance and overtime component.
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
(c) Schedule of agreed driving hours
The following schedule shows the agreed driving hours for Grade 6 long distance journeys between the listed centres, as referred to in clause 16.5(a)(i).
|
From/To |
Route |
Driving hours |
|
|
|
|
|
Sydney/Brisbane |
New England Highway |
11.6 |
|
Sydney/Melbourne |
Hume Highway |
10.5 |
|
Sydney/Adelaide |
Bathurst/Sturt Highway |
16.7 |
|
Sydney/Perth |
Broken Hill |
47.6 |
|
Sydney/Darwin |
Charleville/Dubbo |
46.8 |
|
|
|
|
|
Melbourne/Brisbane |
Newell Highway |
18.5 |
|
Melbourne/Sydney |
Hume Highway |
10.5 |
|
Melbourne/Adelaide |
Dukes/Western Highway |
8.9 |
|
Melbourne/Perth |
Western/Eyre Highway |
40.0 |
|
Melbourne/Darwin |
Stuart/Western Highway |
44.1 |
|
|
|
|
|
Adelaide/Brisbane |
Broken Hill/Newell Highway |
24.6 |
|
Adelaide/Sydney |
Bathurst/Sturt Highway |
16.7 |
|
Adelaide/Perth |
Eyre Highway |
31.5 |
|
Adelaide/Melbourne |
Dukes/Western Highway |
8.9 |
|
Adelaide/Darwin |
Stuart Highway |
35.5 |
|
|
|
|
|
Brisbane/Sydney |
New England |
11.6 |
|
Brisbane/Melbourne |
Pacific/Hume Highway |
21.8 |
|
Brisbane/Adelaide |
Broken Hill/Newell Highway |
24.6 |
|
Brisbane/Perth |
New England/Newell/Barrier |
50.7 |
|
Brisbane/Darwin |
Roma |
40.2 |
|
|
|
|
|
Perth/Adelaide |
Eyre Highway |
31.5 |
|
Perth/Melbourne |
Western/Eyre Highway |
40.0 |
|
Perth/Sydney |
Broken Hill |
47.6 |
|
Perth/Brisbane |
New England/Newell/Barrier |
50.7 |
|
Perth/Darwin |
North West Coastal |
47.4 |
|
|
|
|
|
Darwin/Brisbane |
Roma |
40.2 |
|
Darwin/Sydney |
Charleville/Dubbo |
46.8 |
|
Darwin/Melbourne |
Stuart/Western Highway |
44.1 |
|
Darwin/Adelaide |
Stuart Highway |
35.5 |
|
Darwin/Perth |
North West Coastal |
47.4 |
(a) Where an employee is engaged on loading or unloading duties, that employee must be paid for such duties at an hourly rate calculated by dividing the weekly award rate prescribed by clause 16.1 by 40 and multiplying by 1.3 (industry disability allowance), provided that a minimum payment of one hour loading and one hour unloading per trip must be made where loading and/or unloading duties are required.
(b) As an alternative to clause 16.6(a), where there is a written agreement between the employer and the employee a fixed allowance based on the hourly rate in clause 16.6(a) may be paid to cover loading and unloading duties, provided that such written agreement is attached to the time and wages record.
(c) A casual employee attending to the loading or unloading of the vehicles must be paid a loading of 25% in addition to the rates prescribed by clause 16.6.
Where an employee is required to perform 2 or more grades of work on any one day the employee is to be paid the minimum rate for the highest grade for the whole day.
[16.8(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[16.8(b) varied by PR720159 ppc18Jun20; PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Road Transport (Long Distance Operations) Award 2020 and not the Miscellaneous Award 2020.
16.9 Supported Wage System
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule C—Supported Wage System.
16.10 Penalty rates
See clause 25—Public holidays for provisions relating to penalty rates payable for work performed on a public holiday.
16.11 Overtime
See clause 18.2(b) for provisions relating to overtime rates.
[Varied by PR719904]
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 All earnings, including overtime, must be paid in the employer’s time on a day to be fixed by the employer, but not later than Thursday of each week. Once fixed, the day must not be altered more than once in 3 months.
17.2 All earnings, including overtime, must be paid within 4 business days of the expiration of the week in which they accrue.
[17.3 deleted by PR719904 ppc 11Jun20]
[17.4 renumbered as 17.3 by PR719904 ppc 11Jun20]
17.3 The employer may pay an employee by electronic funds transfer to a bank account nominated by an employee.
[17.5 renumbered as 17.4 by PR719904 ppc 11Jun20]
17.4 An employee who is entitled to a rostered day off which falls on a pay day must be paid the wages due on the next ordinary working day following the rostered day off.
17.5 Payment on termination of employment
[New 17.5 inserted by PR719904 ppc 11Jun20]
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.5. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718857, PR719010, PR729482, PR729293, PR740719, PR740887, PR762148, PR762311, PR773923, PR774092]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances
(a) Industry disability allowance
The minimum hourly driving rates, rates per kilometre and loading or unloading rates are inclusive of an industry disability allowance of 1.3 times the ordinary rate, which compensates for the following:
(i) shiftwork and related conditions;
(ii) necessity to work during weekends;
(iii) lack of normal depot facilities, e.g. lunch room, wash rooms, toilets, tea making facilities;
(iv) necessity to eat at roadside fast food outlets;
(v) absence of normal resting facilities and normal bed at night;
(vi) additional hazards arising from driving long distances at night and alone;
(vii) handling dirty material;
(viii) handling money;
(ix) extra responsibility associated with arranging loads, purchasing spare parts, tyres, etc.;
(x) irregular starting and finishing times; and
(xi) work in rain.
The minimum hourly driving rates and rates per kilometre are inclusive of an overtime allowance of 1.2 times the ordinary rate, which takes into account an overtime factor of 2 hours in 10 at double time.
(c) Other allowances
[18.2(c)(i) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
[18.2(c)(ii) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
[18.2(c)(iii) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(iii) Any employee required to drive a motor vehicle which is in excess of 3.5 metres in width or transport a load in excess of that width must receive an additional $4.47 per day.
[18.2(c)(iv) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
[18.2(c)(v) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(v) Any employee who is a recognised livestock carter, carting livestock as defined must receive an additional $24.60 per week.
(d) Dangerous goods allowance
[18.2(d)(i) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(i) A driver engaged in the transport of bulk dangerous goods or carting explosives in accordance with the Australian Explosives Code by Public Road must receive an allowance of $23.07 per day. Bulk dangerous goods are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time.
[18.2(d)(ii) varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
(ii) A driver engaged in the transport of packaged dangerous goods which require placarding by public road must receive an allowance of $9.66 per day. Packaged goods which require placarding are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time.
18.3 Expense-related allowances
(a) Work diary
A weekly employee required to purchase a work diary must be reimbursed by the employer for the cost of the work diary.
[18.3(c)(i) varied by PR719010, PR729482, PR740887, PR762311 ppc 01Jul23]
(i) An employee engaged in ordinary travelling on duty or on work which the employee is unable to return home and takes their major rest break under the applicable driving hours regulations away from home must be paid $56.28 per occasion. This will not be payable where an employee is provided with suitable accommodation away from the vehicle.
(ii) In exceptional circumstances, where amounts greater than those specified are claimed, an employee will need to demonstrate why the claim is necessary and gain approval from a representative of the employer. Approval will not be unreasonably withheld.
(iii) If an employee is engaged in more than one long distance operation or part thereof in a fortnight, the allowance due for each long distance operation or part thereof must be separately calculated in accordance with clause 18.3(c).
(d) Housing allowance
[18.3(d)(ii) varied by PR762311, PR774092 ppc 01Jul24]
(ii) If an employer provides housing for an employee and the employee’s family, and requires the employee to live there and charges rent, the employer must pay the employee an allowance of $3.80 less than the amount of rent charged by the employer for the accommodation.
(i) Where, as a result of consultation, it is agreed by the employer that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours the employee concerned must not suffer any loss of pay. The employer must not unreasonably withhold paid training leave.
(ii) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred in connection with the undertaking of training must be reimbursed by the employer upon production of evidence of such expenditure. Reimbursement of standard fees may be made at the completion of the prescribed course or annually, whichever is the earlier, subject to reports of attendance at such courses.
(iii) Travel costs incurred by an employee undertaking training in accordance with clause 18.3(e) which exceed those normally incurred in travelling to and from work must be reimbursed by the employer.
[Varied by PR771306]
19.1 Superannuation legislation
[19.1 substituted by PR771306 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771306 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) TWUSUPER;
(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.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or 19.3(b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Leave and Public Holidays
[Varied by PR751060]
20.1 Annual leave is provided for in the NES.
20.2 Payment for period of annual leave
(a) Before the start of an employee’s annual leave, an employee must be paid wages calculated in accordance with clause 20.2(b), for the period of leave the employee takes.
(b) The wages referred to in clause 20.2(a) will be calculated to include the following:
(i) A proportion of the applicable minimum weekly rate prescribed by clause 16.1 which corresponds to the amount of leave taken, and
(ii) An additional loading of 30%. The loading prescribed by clause 20.2(b) will not apply to proportionate leave on termination.
(c) For the purposes of clause 20.2(b)(i) the applicable minimum rate prescribed by clause 16.1 must be that applicable to the classification which the employee would have worked in had they not taken the period of leave.
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).
20.3 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 20, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
20.4 Direction to take annual leave during shutdown
[20.4 renamed and substituted by PR751060 ppc 01May23]
(a) Clause 20.4 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 20.4(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 20.4(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 20.4(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 20.4(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 20.9.
(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 20.9, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 20.6 to 20.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 20.4.
20.5 Rostered day off falling during annual leave
Upon an employee taking annual leave, the work cycle under
which the employee becomes entitled to a weekly accrual for an RDO will be
suspended and the employee will not be entitled to further accrual until their
return from leave. Upon returning to work, the entitlement period for
accrual will resume and the employee will be entitled to be rostered to take a
day off and must take an RDO upon completing the balance of the work cycle.
20.6 Excessive leave accruals: general provision
NOTE: Clauses 20.6 to 20.8 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.
(c) Clause 20.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.7 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 20.7(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 20.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.7(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 20.7(d) may result in the direction ceasing to have effect. See clause 20.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
20.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 20.8(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 20.7(a) that, when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 20.8(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 20.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 20.8(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(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 20.9 is set out at Schedule D—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 20.9 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 20.9, 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.
20.10 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.10.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.10.
(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 20.10 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 20.10 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 20.10 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 20.10.
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 20.10.
NOTE 3: An example of the type of agreement required by clause 20.10 is set out at Schedule E—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Cash Out Annual Leave.
21. Personal/carer’s leave and compassionate leave
21.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
21.2 Rate of pay for a period of paid personal/carer’s leave and compassionate leave
The rate of pay for an employee who accesses a period of paid personal/carer’s leave or compassionate leave must be a portion of the applicable minimum rate prescribed by clause 16.1 which corresponds to the amount of leave taken. The applicable minimum rate must be that applicable to the classification which the employee would have worked in had they not taken the period of leave.
22. Parental leave and related entitlements
[22 varied by PR763236 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 28—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750536 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 PR719256, PR747354]
25.1 Public holidays are provided for in the NES.
25.2 Substitution of certain public holidays by agreement at the enterprise
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
25.3 Payment for work on a public holiday—full-time and part-time employees
[25.3(a)(i) corrected by PR719256 ppc 04May20]
(i) on Good Friday and the Christmas Day holiday—30% of the applicable minimum weekly rate specified in clause 16.1(a) plus payment for the work performed in accordance with the designated method of payment specified in clause 16—Minimum rates.
[25.3(a)(ii) corrected by PR719256 ppc 04May20]
(ii) on any other holiday—20% of the applicable minimum weekly rate specified in clause 16.1(a), plus payment for the work performed in accordance with the designated method of payment specified in clause 16—Minimum rates.
(b) An employee must be paid for a minimum of 4 hours’ work.
[25.3(c) inserted by PR747354 ppc 14Nov22]
(c) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 25.3(b).
25.4 Payment for work on a public holiday—casual employees
For all time worked by a casual employee on a public holiday, payment must be made at the following rates:
[25.4(a) corrected by PR719256 ppc 04May20]
(a) on Good Friday and the Christmas Day holiday—30% of the applicable minimum weekly rate specified in clause 16.1(a) plus payment for the work performed in accordance with the designated method of payment specified in clause 16—Minimum rates.
[25.4(b) corrected by PR719256 ppc 04May20]
(b) on any other holiday—20% of the applicable minimum weekly rate specified in clause 16.1(a) plus payment for the work performed in accordance with the designated method of payment specified in clause 16—Minimum rates.
25.5 An employee will only be entitled to the payments specified in clauses 25.3 and 25.4 in circumstances where the majority of the work undertaken by an employee on a particular journey or long distance operation is undertaken on a public holiday.
[25.6 deleted by PR747354 ppc 14Nov22]
Part 6—Workplace Delegates, Consultation and Dispute Resolution
[Part 6—Consultation and Dispute Resolution renamed by PR774749 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774749 from 01Jul24]
25A.1 Clause 25A 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 25A.
25A.2 In clause 25A:
(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.
25A.3 Before exercising entitlements under clause 25A, 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.
25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
25A.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.
25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.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.
25A.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 25A.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.
25A.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.
25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate’s entitlements under clause 25A 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 25A 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 25A 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 25A.
26. Consultation about major workplace change
26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
26.2 For the purposes of the discussion under clause 26.1(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.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 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 26.1(b).
26.5 In clause 26 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.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 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.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 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 PR763236, PR777266, PR778000]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 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.
28.6 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.
28.7 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 28.
28.8 While procedures are being followed under clause 28 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.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763236; deleted by PR778000 from 26Aug24]
[Note inserted by PR778000 from 26Aug24; varied by PR777266 from 27Aug24]
NOTE: In addition to clause 28, 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 7—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.
29.1 Notice of termination by an employee
(a) Clause 29.1 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 29.1(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 29.1(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 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(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 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.
29.3 Termination away from home base
Where an employer decides to terminate the employment of an employee and the employee is away from their home base, the employer shall provide the employee with the means of returning to home base or reimburse the employee for the cost of any fares reasonably incurred in returning home.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
30.1 Transfer to lower paid duties on redundancy
(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 30.1(c).
(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
30.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
30.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 30.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 30.3(b).
(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
Schedule A—Summary of Hourly Rates of Pay
[Varied by PR718857, PR729293, PR740719, PR762148, PR773923]
A.1 Full-time employees and part-time employees—ordinary rates, loading and unloading rates and penalty rates
[A.1 varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
|
Hourly driving method |
Kilometre driving method |
Loading or unloading |
Public holiday2 |
Christmas or Good Friday2 |
|
|
|
$ per hour1 |
Minimum cents per kilometre1 |
$ per hour1 |
$ per shift3 |
$ per shift3 |
|
3 |
38.04 |
50.73 |
31.71 |
195.10 |
292.65 |
|
4 |
38.72 |
51.62 |
32.27 |
198.54 |
297.81 |
|
5 |
39.20 |
52.26 |
32.67 |
201.00 |
301.50 |
|
6 |
39.64 |
52.85 |
33.03 |
203.28 |
304.92 |
|
7 |
40.22 |
53.62 |
33.51 |
206.24 |
309.36 |
|
8 |
41.39 |
55.18 |
34.49 |
212.24 |
318.36 |
|
9 |
42.08 |
56.10 |
35.06 |
215.78 |
323.67 |
|
10 |
43.12 |
57.50 |
35.93 |
221.14 |
331.71 |
1 Part-time employees must be paid an additional 15% for driving or loading and unloading duties undertaken in accordance with an employer request on days not agreed in accordance with clauses 10.2 or 10.3. See clause 10.7.
2 See clause 25.3.
3 This amount is payable in addition to the relevant hourly or cents per kilometre rate (see clause 25.3).
A.2 Casual employees—ordinary rates, loading and unloading rates and penalty rates
[A.2 varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
|
Grade |
Hourly driving method |
Kilometre driving method |
Loading or unloading |
Public holiday1 |
Christmas or Good Friday1 |
|
|
$ per hour |
Minimum cents per kilometre |
$ per hour |
$ per shift2 |
$ per shift2 |
|
3 |
43.75 |
58.34 |
39.64 |
195.10 |
292.65 |
|
4 |
44.53 |
59.36 |
40.34 |
198.54 |
297.81 |
|
5 |
45.08 |
60.10 |
40.84 |
201.00 |
301.50 |
|
6 |
45.59 |
60.78 |
41.29 |
203.28 |
304.92 |
|
7 |
46.25 |
61.66 |
41.89 |
206.24 |
309.36 |
|
8 |
47.60 |
63.46 |
43.11 |
212.24 |
318.36 |
|
9 |
48.39 |
64.52 |
43.83 |
215.78 |
323.67 |
|
10 |
49.59 |
66.13 |
44.91 |
221.14 |
331.71 |
1 See clause 25.4.
2 This amount is payable in addition to
the relevant hourly or cents per kilometre rate (see clause 16.4).
Schedule B—Summary of Monetary Allowances
[Varied by PR718857, PR719010, PR729293, PR729482, PR740719, PR740887, PR750792, PR762148, PR762311, PR773923, PR774092]
See clause 18—Allowances for full details of allowances payable under this award.
[B.1.1 varied by PR718857, PR729293, PR740719, PR762148, PR773923 ppc 01Jul24]
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Grade 6 in clause 16.1 = $1016.40.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Temporary transfer of duties—local driver (under terms of Road Transport and Distribution Award 2020) |
18.2(c)(i) |
1.24 |
12.60 |
per occasion |
|
Motor vehicle—length in excess of legislated limit |
18.2(c)(ii) |
0.44 |
4.47 |
per day |
|
Motor vehicle—width (and/or load) in excess of 3.5 metres |
18.2(c)(iii) |
0.44 |
4.47 |
per day |
|
Furniture carter |
18.2(c)(iv) |
2.42 |
24.60 |
per week |
|
Livestock carter |
18.2(c)(v) |
2.42 |
24.60 |
per week |
|
Bulk dangerous goods allowance |
18.2(d)(i) |
2.27 |
23.07 |
per day |
|
Packaged dangerous goods allowance |
18.2(d)(ii) |
0.95 |
9.66 |
per day |
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750792 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
B.2 Expense-related allowances
[B.2.1 varied by PR719010, PR729482, PR740887, PR762311, PR774092 ppc 01Jul24]
B.2.1 The expense-related allowances in this award will be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Travelling allowance |
18.3(c)(i) |
56.28 |
per occasion |
B.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0) as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Travelling allowance |
Domestic holiday travel and accommodation sub-group |
|
Housing allowance |
Rents sub-group |
Schedule C—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause C.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—Agreement 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 E—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___
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Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule F—Part-day Public Holidays deleted by PR747354 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic deleted by PR742720 ppc 17Jun22]
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