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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777267 and PR778002).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR718141, PR746868, PR747355, PR750542, PR774750, PR778002]
Schedule D —Agreement for Time Off Instead of Payment for Overtime............................. 79
Part 1—Application and Operation of this Award
1.1 This award is the Silviculture Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733937, PR774750, PR777267]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 17.2).
Axeperson means an employee using an axe for delimbing but not engaged in felling.
[Definition of casual employee inserted by PR733937 from 27Sep21; varied by PR777267 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.
Chainperson means an employee who:
(a) uses a compass;
(b) undertakes line cutting (e.g. mature assessments, continuous forest inventories); and
(c) demonstrates a basic knowledge and skills of management/survey and office mapping work associated with field work.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774750 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 PR774750 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).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the ordinary weekly rate divided by 38.
ordinary weekly rate is calculated by adding the minimum weekly wage rate in clause 15.1, the special allowance in clause 17.3 and the industry allowance in clause 17.4(a), then multiplying that amount by 52 and then dividing by 50.4, rounded to the nearest 10 cents.
silviculture and afforestation has the meaning given in clause 4.2.
[Definition of small business employer inserted by PR774750 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly rate for Silviculture and afforestation worker grade 3 in clause 15.1.
Storeperson means an employee engaged in stores activities (locating, picking, control of inventory items and the appropriate recording systems).
Tree measurer (basic) means an employee who is competent in:
(a) all forestry management work at Grades 2 and 3;
(b) chain and compass survey (without supervision);
(c) boundary location;
(d) taking responsibility for stores and vehicles; and
(e) annual stocktaking and all relevant field and office work.
Tree measurer (in charge) means an employee who is competent in:
(a) leading mature assessments;
(b) remeasuring research plots;
(c) leading plantation inventory system plot measurements and pine growth plot measurement;
(d) the survey of continuous forest inventory plot locations as directed;
(e) lead residue assessments; and
(f) any office work associated with Grade 6 field work.
Utility person means an employee competent in:
(a) chain and compass line cutting;
(b) assessments and resource pilots;
(c) basic road survey, access lines and boundary demarcation;
(d) measuring tree diameters, completing bark readings and basic continuous forest inventories procedures; and
(e) any office work associated with Grade 3 field work.
[Definition of workplace delegate inserted by PR774750 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia in the industry of silviculture and afforestation and their employees in the classifications listed in clause 12—Classifications to the exclusion of any other modern award.
4.2 For the purpose of clause 4, silviculture and afforestation means planting, pruning, fertilising and any other activity in or in connection with the establishment or cultivation of trees in forests.
4.3 This award covers any employer which supplies labour on an on-hire basis in the silviculture and afforestation industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for trainees engaged in the silviculture and afforestation industry and/or parts of industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover:
(a) employees excluded from award coverage by the Act
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763237 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
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: |
|
14.1(b) |
Meal breaks |
The majority of employees |
|
14.5 |
Extension of breaks |
The majority of employees |
|
17.7(i) |
Alternative paid day off procedure |
An individual |
|
19.10 |
Time off instead of payment for overtime |
An individual |
|
22.4 |
Annual leave in advance |
An individual |
|
22.9 |
Cashing out of annual leave |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and in particular whether they are to be full‑time, part-time or casual.
A full-time employee is an employee engaged as such who works an average of 38 hours per week.
10.1 A part-time employee:
(a) is engaged to work less than 38 hours per week;
(b) has predictable hours of work; and
(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.3 Any agreed variation to the regular pattern of work will be recorded in writing.
10.4 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.
10.5 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
[Varied by PR723970, PR733937, PR777267]
[11.1 deleted by PR733937 from 27Sep21]
[11.2 substituted by PR723970 ppc 20Nov20; 11.2 renumbered as 11.1 by PR733937 from 27Sep21]
For each ordinary hour worked, a casual employee must be paid at least:
(a) the ordinary hourly rate for the classification in which they are employed; and
(b) a loading of 25% of the ordinary hourly rate.
[New 11.3 inserted by PR723970 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733937 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.2, 19.6(a)(ii), 19.6(a)(iv), 19.6(b)(ii), 19.6(c)(ii), 19.9 and 20.9.
[11.3 renumbered as 11.4 by PR723970, 11.4 renumbered as 11.3 by PR733937 from 27Sep21]
11.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
11.4 Changes to casual employment status
[11.4 renumbered as 11.5 by PR723970; 11.5 renumbered as 11.4 and renamed and substituted by PR733937; renamed and substituted by PR777267 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.
For the definition of classifications in this award reference will be made to the following:
12.1 Silviculture and afforestation worker grade 1 means a labourer with less than 3 months’ experience in the silviculture and afforestation industry.
12.2 Silviculture and afforestation worker grade 2 means an assistant powder monkey, axeperson, chainperson, tower person, an employee engaged in pruning, planting, and assessment, fertilising, thinning, fire guard, fire pump operator, pick and shovel and slasher operator, seed collector (fallen trees), tree lifting or the collection of field data (e.g. insect monitoring, survival counts, regeneration surveys, eagle nest searches, etc) or an employee not elsewhere classified.
12.3 Silviculture and afforestation worker grade 3 means a chainsaw operator, fencer fire guard (with certificate), patrol person, powder monkey, utility person, noxious weed employee, propagator, seed collector (standing trees), vermin destroyer, power driven portable saw operator, fire pump operator (with certificate), or an employee engaged in bushfire fighting and/or other fire suppression duties including tree felling as part of or as an incidental duty of firefighting or fire suppression activity.
12.4 Silviculture and afforestation worker grade 4 means a tool sharpener, tree climber, tree measurer, treemarker or storeperson.
12.5 Silviculture and afforestation worker grade 5 means a storeperson in charge.
12.6 Silviculture and afforestation worker grade 6 means a tree measurer (in charge).
13. Ordinary hours of work and rostering
[Varied by PR747355]
13.1 Ordinary hours are worked between 5.00 am and 5.00 pm, Monday to Friday.
13.3 Hours of work will be arranged in accordance with one or more of the methods set out below:
(a) by employees working less than 8 ordinary hours on each day;
(b) by employees working less than 8 ordinary hours on one or more days each week;
(e) by banking the days accrued to be taken as days off in accordance with clauses 13.3(c) and 13.3(d) to be taken at a time designated by management; or
(f) by any other method agreed between the employer and employee(s).
13.5 Employees may be required to work up to 10 ordinary hours per day.
13.6 Different methods of implementing the 38 hour week may be applied to various groups, individuals or sections of employees in the plant or establishment concerned.
13.7 Where the method of implementation adopted is in accordance with clauses 13.3(c), 13.3(d) or 13.3(e) the wages paid each week for ordinary hours will be paid so that in each week when 40 hours (or more) are worked, the time in excess of 38 hours will be kept in hand and paid to the employee in the pay week(s) that the rostered day(s) off occur(s); to enable an averaging of payments for ordinary time to occur over the particular work cycle.
13.8 Rostered day off falling on a public holiday
(a) An employee entitled to a rostered day off (RDO) must not have that day off rostered on a holiday as specified in clause 27—Public holidays.
[13.8(b) substituted by PR747355 ppc 14Nov22]
(b) In the event that a public holiday is prescribed after notice is given to an employee of the taking of the RDO and the public holiday falls on the day the employee is to take off, the employer must allow the employee to take the day or part-day off on any alternative day or part-day where the employee is normally rostered to work ordinary hours.
(c) Where an employee is sick or injured on the day rostered off in accordance with clause 13.8, the employee will not be entitled to personal leave nor will the employee’s personal leave entitlement be reduced as a result of such sickness or injury that day.
13A. Employee right to disconnect
[13A inserted by PR778002 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid stand-by time under clause 21.12; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the stand-by.
13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 19.8, 19.9, 20.14 or 21.13.
(a) Employees must receive a break of at least 30 minutes within the first 5 hours of work.
An employee who is required to defer a meal break prescribed by clause 14.1 must be paid at 200% of the rate applying immediately before the meal break was due until their meal break is taken.
14.3 Overtime crib breaks
(a) An employee working overtime must be allowed a crib break of 20 minutes without deduction of pay after each 4 hours of overtime worked if the employee is to continue work after such crib time.
(b) An employee working at least one and a half hours of overtime must be allowed a crib break of 20 minutes before starting overtime after working ordinary hours (inclusive of time worked for accrual purposes in clause 13—Ordinary hours of work and rostering and clause 19.6) which will be paid at the rate applying immediately before commencing overtime.
14.4 Paid rest breaks
(a) Two 2 paid rest breaks of 7.5 minutes duration each must be allowed to employees on each day or shift.
(b) The times for taking such rest breaks will be set by agreement between the employer and employees concerned.
(a) The duration of any break prescribed by clause 14 may be extended by agreement between the employer and employees concerned.
(b) The employer will not be required to pay for any such extension.
[Varied by PR720159, PR718858, PR729294, PR740720, PR762149, PR773924]
[15.1 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
Ordinary weekly rate (full-time employee) |
|
|
|
$ |
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
951.10 |
25.03 |
1029.30 |
|
Silviculture and afforestation worker grade 2 |
986.60 |
25.96 |
1065.90 |
|
Silviculture and afforestation worker grade 3 |
1003.90 |
26.42 |
1083.80 |
|
Silviculture and afforestation worker grade 4 |
1028.40 |
27.06 |
1109.10 |
|
Silviculture and afforestation worker grade 5 |
1047.40 |
27.56 |
1128.70 |
|
Silviculture and afforestation worker grade 6 |
1055.90 |
27.79 |
1137.40 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
15.2 Pieceworker rates
(b) An employee working under a piecework rate agreement:
(i) must not be disadvantaged in relation to their terms and conditions of employment;
(ii) has the option to unilaterally terminate a piecework agreement:
· if the amount payable under the piecework agreement falls below the amount that they would otherwise have been entitled to using the wages and allowances provisions prescribed by this award; and
· if this amount has not been reached for 3 consecutive shifts.
(c) The employee must put their intention to terminate their piecework agreement in writing. The termination of the piecework agreement will then take effect 48 hours after the employer has been served with the written notice.
(d) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.
(e) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.
(a) An employee engaged for a total of more than 4 hours on any day or shift on duties carrying a higher rate than their usual classification must be paid the higher rate for the entire day or shift.
(b) An employee engaged for 4 hours or less on any day or shift on duties carrying a higher rate than their ordinary classification must be paid the higher rate for the time worked at the higher classification.
15.4 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.
[15.5(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.
[15.5(b) varied by PR720159, PR718858, PR729294, PR740720, PR762149, PR773924 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 Silviculture Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Method of payment
Employees must be paid their wages in cash, cheque or electronic funds transfer.
16.2 Time of payment
(a) Employees must be paid their wages during ordinary hours of work on Thursday of each week or fortnight.
(b) In any week in which a holiday falls on a Thursday or Friday employees must be paid on the preceding Wednesday.
(c) Nothing will prevent any alternative mutual arrangement between an employer and an employee.
(d) The employer must not keep more than 2 days’ wages in hand.
16.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.3(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 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718858, PR719011, PR729294, PR729483, PR740720, PR740888, PR762149, PR762312, PR773924, PR774094]
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loading or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(a) special allowance (clause 17.3);
(b) industry allowance (clause 17.4(a)).
In addition to the base rate specified in 15.1, employees will be paid each week a special allowance of $7.70. This allowance is payable for all purposes of the award, and must not be altered as a consequence of wage adjustments.
[17.4(a) varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
To compensate for the disabilities of the industry, employees will be paid each week an allowance of $38.84. This allowance is payable for all purposes of the award.
[17.4(b)(i) varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
(i) An employee appointed as a leading hand will be paid a leading hand allowance each week in accordance with the following table:
|
In charge of |
$ per week |
|
1 person |
24.83 |
|
2 to 5 persons |
55.22 |
|
6 to 10 persons |
70.01 |
|
more than 10 persons |
93.26 |
(ii) The allowance will be paid in addition to either the employee’s ordinary weekly rate or the ordinary weekly rate of the highest classification of the employees supervised, whichever amount is greater.
17.5 Expense-related allowances—fares and travelling time
The transport allowances in clause 17.5 are paid to employees as compensation for the travel patterns and mobility requirements of the industry.
[17.5(a) varied by PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
(b) Distant jobs
[17.5(b) varied by PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
An employee must be paid $15.04 per day when working on a distant job as defined by clause 17.7(a) and employed on work away from, and located within 30 km of the place where, with the employer’s approval, the employee is accommodated for the distant job.
[17.5(c)(i) varied by PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
(i) An employee who is engaged on work for a business, branch or section established in any place which is not covered by clauses 17.5(a) and 17.5(b) for the purpose of engaging in silviculture and afforestation work will be paid $15.04 per day when employed on work located within 30 km of the post office nearest the employer’s establishment.
(ii) Where the employer has an establishment in more than one such place, the establishment nearest the employee’s usual place of residence will be the establishment taken into account, and the employee will be entitled to the provisions of clause 17.5(d) when travelling to a job outside the radial area of the establishment nearest their residence.
(d) Travelling outside radial areas
Where an employee travels daily from inside any radial area mentioned in clauses 17.5(a) to 17.5(c), to a job outside that radial area, they must be paid the relevant allowance prescribed by clauses 17.5(a) to 17.5(c) and, in respect of the travel to and from the designated radius and the job:
[17.5(d)(ii) varied by PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
(e) Travelling between radial areas
The provisions of clause 17.5(d) will also apply to an employee who is required to travel daily from one of the areas mentioned in clauses 17.5(a) and 17.5(c) to an area or another area mentioned in clauses 17.5(a) and 17.5(c).
(f) Provision of transport
(i) Subject to clause 17.5(d), the allowances prescribed in clause 17.5, (except the additional payment prescribed in clauses 17.5(d) and 17.5(e)) will not be payable on any day on which the employer provides or offers to provide transport free of charge from the employee’s home (or, in the case of clause 17.5(b), the employee’s place of accommodation) to the place or work and back.
(iii) The relevant fares allowance prescribed in clause 17.5 will be payable in respect of any day on which the employer provides a vehicle free of charge to the employee and pursuant to the contract of employment, the employee is required by the employer to drive such vehicle from the employee’s home to the place of work and return.
(iv) Time spent by an employee travelling from the employee’s home (or, in the case of clause 17.5(b), the employee’s place of accommodation) to the place of work and return outside ordinary hours will not be regarded as time worked for any purpose of this award and no travelling time payment will be made except to the extent provided in clauses 19.6(a) and 17.7(e) of this award.
(v) Clauses 17.5(f)(iii) and 17.5(f)(iv) will have no application in the case of an employee directed by the employer to pick up and/or return other employees to their homes.
As required by the employer, employees will start and finish work on the job at the usual starting and finishing times within which ordinary hours may be worked and will transfer from site to site as directed by the employer.
(h) Transfer during ordinary working hours
[17.5(h)(ii) varied by PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
(i) Work in preparation
When an employee is required to perform preparation work in an off-site yard and is then required to erect or fix on-site, the provisions of clause 17.5 will apply.
The travelling allowances prescribed in clause 17.5 will not be taken into account in calculating overtime, penalty rates, annual leave or personal leave, but must be payable for any day on which the employee, in accordance with the employer’s requirements, works or reports for work or allocation of work and for the paid day or shift off as prescribed in clause 13—Ordinary hours of work and rostering and clause 19.6(a) of this award.
(k) Employees required to drive plant off-site
Notwithstanding anything elsewhere contained in clause 17.5, time occupied by an employee at the direction of the employer in driving plant between any point and a camp, centre or job will be regarded and paid for as working time.
(l) Transport from employer’s location
(i) An employee who, by mutual agreement with an employer, reports for work at a permanent location established by the employer and is transported from the location to the place of work and back will not be paid the daily fares allowances prescribed by clauses 17.5(a) to 17.5(e).
(ii) All time over 30 minutes spent by the employee travelling to and from the place of work in such transportation must be counted as time worked.
(iii) Transport provided by the employer pursuant to clause 17.5(l) must be free of charge, equipped with suitable seating accommodation and be covered when necessary so as to be weatherproof.
17.6 Expense-related allowances—meal allowance
[17.6 varied by PR719011, PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
An employee who is required to work more than one and a half hours’ overtime after working ordinary hours must be paid a meal allowance of $16.76 or will, at the option of the employer, be provided with a suitable meal.
17.7 Expense-related allowances—living away from home allowances
(i) An employee will be entitled to the provisions of clause 17.7 when employed on a job such a distance from their usual place of residence that they cannot reasonably return to that place each night, provided that:
· the employee is maintaining a separate place of residence to which it is not reasonable to expect them to return each night; and
(ii) Subject to clause 17.7(b), an employee will be regarded as bound by the statement of their address and no entitlement will exist if they wilfully and without duress make a false statement in relation to their place of residence.
(i) At the time of engagement, the employee will provide the employer with a written statement of their usual place of residence, and no subsequent change of address will entitle the employee to the provisions of clause 17.7(b) unless the employer agrees.
(ii) Documentary proof of address (such as a long service leave registration card or driver’s licence) may be accepted by the employer instead of the written statement required by clause 17.7(b)(i).
(iii) The employee will inform their employer in writing of any subsequent change in their usual place of residence.
(iv) The employee’s usual place of residence, and not the place of engagement, will determine the application of clause 17.7(b).
[17.7(c)(ii) varied by PR719011, PR729483, PR740888, PR762312 ppc 01Jul23]
(ii) Where an employee satisfies the requirements of clause 17.7(a) the employer will either provide the worker with reasonable board and lodging or pay the employee an allowance of $509.39 per week.
[17.7(c)(iii) varied by PR719011, PR729483, PR740888, PR762312 ppc 01Jul23]
Camp accommodation will be constructed and maintained where it is necessary to house an employee in a camp because:
· the employee is engaged on projects which are located in areas where reasonable board and lodging as defined in clause 17.7(c) is not available; or
· the size of the workforce is in excess of the available accommodation; or
· the project or the working of shifts necessitate camp accommodation.
[17.7(d)(ii) varied by PR719011, PR729483, PR740888, PR762312 ppc 01Jul23]
An employee living in a camp where free messing is not provided must receive a camping allowance of:
· $273.11 for every complete week the employee is available for work; and
· $38.96 per day if required to be in a camp for less than a complete week (including any Saturday or Sunday if they are in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday).
(iii) If an employee is absent without the employer’s approval on any day, the allowance will not be payable for that day and if the unauthorised absence occurs on the working day immediately before or after a Saturday or Sunday, the allowance will not be payable for the Saturday and Sunday.
(iv) Camp meal charges
Where a fee is charged for meals in a camp, such the fee will be fixed by agreement.
An employee who is sent by their employer or selected or engaged by an employer or agent to go to a job which qualifies them to the provision of clause 17.7(e) will not be entitled to any of the allowances prescribed by clause 17.5 for the period occupied in travelling from their usual place of residence to the distant job, but instead must be paid the allowances in clause 17.7(e).
For the forward journey, the employee is to be paid:
· the ordinary hourly rate for the time spent travelling (to a maximum of 8 hours); and
· the amount of a fare on the most common method of public transport to the job and any excess payment due to transporting the employee’s gear.
(ii) The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within 2 weeks of commencing the job and who does not immediately return to their place of engagement.
(iii) The employee will be entitled to the meal allowance specified in clause 17.6 for all meals incurred while travelling. The meal allowance will be increased if the employee satisfies the employer that they reasonably incurred expenditure greater than the rate prescribed by clause 17.6.
An employee will, for the return journey, receive the same time, fares and meal payments as provided in clause 17.7(e)(i), unless the employee:
· terminates or discontinues their employment within 2 months of commencing on the job (or prior to the job completion if the work is for less than 2 months); or
· is dismissed for incompetence within one working week of commencing on the job; or
· is dismissed for misconduct.
(v) Departure point
For the purposes of clause 17.7(e), travelling time will be calculated as the time taken for the journey from the central or regional bus or air terminal nearest the employee’s usual place of residence to the locality of the work.
(f) Daily fares allowance
An employee engaged on a job which qualifies them to the travelling allowance under clause 17.7 and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) must be paid the allowance prescribed by clause 17.5.
[17.7(g)(i) PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
(i) An employee will be entitled to an allowance of $32.06 per occasion where the employee:
· works as required during the ordinary hours of work on the working day before and the working day after a weekend; and
· returns to their usual place of residence for the weekend; and
· notifies the employer or their representative, no later than Tuesday of each week, of their intention to return to their usual place of residence at the weekend.
(ii) Clause 17.7(g)(i) will not apply to an employee who is receiving:
· the payment prescribed in clause 17.7(c) instead of board and lodging being provided by the employer; or
· a camping allowance as prescribed in clause 17.7(d)(ii).
(iii) When employees return to their usual place of residence for a weekend or part of a weekend and do not absent themselves from the job for any of the ordinary working hours, no reduction of the allowance prescribed in clause 17.7(g)(i) will be made.
(i) An employee who proceeds to a job which qualifies them an allowance under clause 17.7, may, after 2 months’ continuous service and then after each 3 months of continuous service, return to their usual place of residence at the weekend.
(ii) If they do so, they will be paid the amount of a bus or air fare to the bus station or airport nearest their usual place of residence on the payday which immediately follows the date on which they return to the job; provided no delay not agreed to by the employer takes place in connection with the employee’s commencement of work on the morning of the working day following the weekend.
(iii) If the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of 2 or 3 months as mentioned, then the provisions of clause 17.7(h) will not be applicable.
For the purpose of clause 17.7 service will be deemed to be continuous notwithstanding an employee’s absence from work as prescribed in section 22 of the Act.
In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee’s accrual entitlements.
Payment of fares and leave with pay as provided for in clause 17.7(h) will not be made unless the rest and recreation leave is taken by the employee.
(i) Alternative paid day off procedure
If the employer and the employee agree in writing, the paid rostered day off as prescribed in clause 13—Overtime and Penalty Rates, and clause 20.14 of this award may be taken, and paid for, in conjunction with the additional rest and recreation leave as prescribed in clause 17.7(h), or at the end of the project, or on termination whichever comes first.
(j) Termination
An employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or must be paid as if employed up to the end of the ordinary working day before transport is available.
[Varied by PR771307]
18.1 Superannuation legislation
[18.1 substituted by PR771307 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 18 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.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771307 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(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) AustralianSuper;
(b) AustSafe Super
(c) LUCRF Super;
(d) Tasplan;
(e) Sunsuper;
(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
19. Overtime and Penalty Rates
[Varied by PR723970, PR747355, PR763237]
19.1 Overtime for weekday work—full-time and part-time employees
[19.1 renamed by PR723970 ppc 20Nov20]
Except as otherwise provided in clause 19, all time worked by an employee in excess of, or outside the ordinary hours of work, (inclusive of time worked for accrual purposes) must be paid at a rate of:
(a) 150% of the ordinary hourly rate for the first 2 hours; and
(b) 200% of the ordinary hourly rate after 2 hours.
19.2 Overtime for weekday work—casual employees
[New 19.2 inserted by PR723970 ppc 20Nov20]
Except as otherwise provided in clause 19, all time worked by an employee in excess of, or outside the ordinary hours of work, (inclusive of time worked for accrual purposes) must be paid at a rate of:
(a) 175% of the ordinary hourly rate for the first 2 hours; and
(b) 225% of the ordinary hourly rate after 2 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time and part-time employees prescribed by clause 19.1.
[19.2 renumbered as 19.3 by PR723970 ppc 20Nov20]
For the purpose of calculating overtime under clause 19:
(a) each day’s work will stand alone;
(b) day means all the time between the normal starting time of one day and the normal starting time of the next day;
(c) Saturday means all the time between midnight Friday and midnight Saturday; and
(d) Sunday means all the time between midnight Saturday and midnight Sunday.
19.4 Rest period after overtime duty
[19.3 renumbered as 19.4 by PR723970 ppc 20Nov20]
(b) Where an employee works so much overtime that there are fewer than 10 hours between finishing overtime on one day and the commencement of ordinary work on the next day, the employee will be released, subject to clause 19.4(c), until they have had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.
[19.4(c) varied by PR723970 ppc 20Nov20]
[Note inserted by PR723970 ppc 20Nov20]
NOTE: The overtime rate for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rate for full-time and part-time employees prescribed by clause 19.4(c).
19.5 Transport after overtime work
[19.4 renumbered as 19.5 by PR723970 ppc 20Nov20]
When an employee finishes working overtime at a time when reasonable means of transport are not available, the employer must provide them with transport to their usual place of residence or to the nearest appropriate public transport.
19.6 Overtime for weekend and public holiday work
[19.5 renumbered as 19.6, renamed and substituted by PR723970 ppc 20Nov20]
(i) All time worked on a Saturday by a full-time or part-time employee must be paid for at 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours.
(iii) All work performed on Easter Saturday by a full-time or part-time employee must be paid for at 250% of the ordinary hourly rate.
(v) An employee required to work prearranged overtime on a Saturday must be given a minimum of 3 hours’ work or be paid for 3 hours at the appropriate overtime rate.
(b) Sunday work
(i) All time worked on a Sunday by a full-time or part-time employee must be paid for at 200% of the ordinary hourly rate.
(iii) An employee required to work prearranged overtime on a Sunday must be given a minimum of 4 hours’ work or be paid for 4 hours at the appropriate overtime rate.
(i) All work performed by a full-time or part-time employee on any of the holidays or substituted holidays prescribed in clause 27—Public holidays must be paid for at 250% of the ordinary hourly rate.
(ii) All work performed by a casual employee on any of the holidays or substituted holidays prescribed in clause 27—Public holidays must be paid for at 275% of the ordinary hourly rate.
[19.6(c)(iv) inserted by PR747355 ppc 14Nov22]
(iv) 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 19.6(c)(iii).
NOTE: The overtime rates for casual employees in clause 19.6 have been calculated by adding the casual loading prescribed by clause 11.1(b) to the equivalent overtime rates for full-time and part-time employees prescribed by clause 19.6.
[New 19.7 inserted by PR723970 ppc 20Nov20]
19.7 The overtime rates for casual shiftworkers are provided for in clause 20.9.
19.8 Call-outs—full-time and part-time employees
[19.6 renumbered as 19.8 and renamed by PR723970 ppc 20Nov20]
(a) Monday to Friday
[19.8(a)(ii) varied by PR723970 ppc 20Nov20]
(b) Saturdays
(i) An employee called out to work on a Saturday must be paid for a minimum of 3 hours’ work at 150% of the ordinary hourly rate for each time they are called out.
[19.8(b)(ii) varied by PR723970 ppc 20Nov20]
(c) Sundays
(i) An employee called out to work on a Sunday must, for the first call out, be paid for a minimum of 3 hours’ work at 200% of the ordinary hourly rate.
(ii) Each subsequent call out must be paid at the rate of 200% of ordinary hourly rate for the actual time worked.
(ii) Each subsequent call out must be paid at the rate of 250% of the ordinary hourly rate for the actual time worked.
19.9 Call-outs—casual employees
[New 19.9 inserted by PR723970 ppc 20Nov20]
(a) Monday to Friday
(i) An employee called out to work after they have left work for the day must be paid for a minimum of 3 hours’ work at 175% of the ordinary hourly rate for each time they are called out.
(ii) If the employee is required to work for 2 hours or more, they must be paid for a minimum of 4 hours’ work at the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after 2 hours.
(b) Saturdays
(i) An employee called out to work on a Saturday must be paid for a minimum of 3 hours’ work at 175% of the ordinary hourly rate for each time they are called out.
(ii) If the employee is required to work for 2 hours or more, they must be paid for a minimum of 3 hours’ work at 175% of the ordinary hourly rate for the first 2 hours and 225% of the ordinary hourly rate after 2 hours.
(c) Sundays
(i) An employee called out to work on a Sunday must, for the first call out, be paid for a minimum of 3 hours’ work at 225% of the ordinary hourly rate.
(ii) Each subsequent call out must be paid at the rate of 225% of ordinary hourly rate for the actual time worked.
(d) Public holidays
(i) An employee called out to work on a public holiday must, for the first call out, be paid for a minimum of 3 hours’ work at 275% of the ordinary hourly rate.
(ii) Each subsequent call out must be paid at the rate of 275% of the ordinary hourly rate for the actual time worked.
NOTE: The call-out overtime rates for casual employees in clause 19.9 have been calculated by adding the casual loading prescribed by clause 11.1(b) to the equivalent call-out overtime rates for full-time and part-time employees prescribed by clause 19.9.
19.10 Time off instead of payment for overtime
[19.7 renumbered as 19.10 by PR723970 ppc 20Nov20]
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.10.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 19.10(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 19.10 is set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.10 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 19.10 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.10 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.10(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 19.10 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.10 will apply, including the requirement for separate written agreements under clause 19.10(b) for overtime that has been worked.
[Note varied by PR763237 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.10 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.10.
[Varied by PR723970, PR747355]
20.1 Definitions
For the purposes of this award:
(a) day shift means any shift starting at or after 5.00 am and before 10.00 am;
(b) afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm;
(c) night shift means any shift starting at or after 8.00 pm and before 5.00 am; and
(d) rostered shift means a shift for which the employee concerned has had at least 48 hours’ notice.
20.2 Roster
Shifts must be worked according to a roster which will:
(a) provide for rotation of shifts unless all the employees concerned agree otherwise;
(b) provide for not more than 8 shifts to be worked in any 9 consecutive days; and
(c) specify the starting and finishing times of each shift.
20.3 Ordinary hours
(a) The ordinary hours of work for shiftworkers must not exceed an average of 38 per week over a cycle of 2, 3 or 4 weeks.
(b) A shift will consist of not more than 8 consecutive hours inclusive of a crib time of 30 minutes which will be counted as time worked.
20.4 Rostered shift off
24 minutes of each 8 hour shift worked during a shift cycle will accrue as an entitlement to take a rostered shift off (RSO) after each 19 shifts worked. The rostered off shift will be paid for as though worked.
[20.5 varied by PR747355 ppc 14Nov22]
Each day of paid leave taken and any public holiday occurring during any shift cycle will be regarded as a shift or part-shift worked for accrual purposes.
20.6 Pro rata accrued entitlements
(a) A shiftworker who has not worked or is not regarded by reason of clause 20.5 as having worked a complete shift cycle will receive pro rata accrued entitlements for each shift worked or regarded as having been worked in that cycle.
(b) The pro rata entitlements will be payable for the rostered off shift or, in the case of termination of employment, on such termination.
20.7 Taking rostered day off
(a) The employer and employees concerned must agree in writing upon arrangements for the taking of rostered days off or for their accumulation. The accumulation must be limited to not more than 5 shifts before they are taken as rostered days off.
(b) When rostered days off shifts are taken, they will be regarded as shifts worked for accrual purposes in the particular shift cycle in which they are taken.
20.8 Work on a rostered day off
Where an employer, for emergency reasons, requires an employee to work on their rostered day off, the employee will, in addition to their accrued entitlements, be paid at overtime rates for all work performed on the rostered day off.
[20.9 renamed by PR723970 ppc 20Nov20]
[20.9(a) varied by PR723970 ppc 20Nov20]
[New 20.9(b) inserted by PR723970 ppc 20Nov20]
(b) All overtime worked by a casual shiftworker must be paid at 225% of the ordinary hourly rate.
NOTE: The overtime rate for casual shiftworkers been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rate for full-time and part-time employees prescribed by clause 20.9(a).
[20.9(b) renumbered as 20.9(c) by PR723970 ppc 20Nov20]
(c) This will not apply when the overtime is worked by arrangements between the employees themselves or for the purpose of effecting the customary rotation of shifts.
20.10 Shift allowances
A shiftworker whilst on afternoon or night shift (other than on a Saturday, Sunday or holiday) must be paid at 115% of the ordinary hourly rate for the shift.
Employees working shifts between midnight on Friday and midnight on Saturday must be paid at 150% of the ordinary hourly rate for ordinary hours of work, inclusive of time worked for accrual purposes as prescribed in clause 20.5.
20.12 Sundays and public holidays
(a) Subject to clause 20.12, employees working shifts on public holidays will be paid at 250% of the ordinary hourly rate.
(b) Subject to clause 20.12, employees working shifts on a Sunday will be paid at 200% of the ordinary hourly rate.
(d) A shift, the majority of which falls on a Sunday or public holiday, will be regarded as a Sunday or public holiday shift.
20.13 Five successive shifts
Shiftworkers who work on any afternoon or night shift which does not continue for at least 5 successive afternoons or nights must be paid for at 150% of the ordinary hourly rate for all ordinary time occurring during such shift.
(a) A shiftworker must be paid for a minimum of 3 hours, at 200% of the ordinary hourly rate each time they are called out to work:
(i) on a day on which they are rostered off; or
(ii) after the end of their usual working time, after they have left work for the shift.
(b) If called out on a public holiday payment will be calculated at the rate prescribed in clause 19.6(c) of this award.
20.15 Transport after overtime or shift
When a shiftworker finishes working overtime or a shift for which they have not been regularly rostered at a time when reasonable means of transport are not available, the employer must provide the shiftworker with transport to their usual place of residence or to the nearest appropriate public transport.
21.1 Clause 21 applies to situations where a fire is burning out of control requiring emergency attendance. It does not apply to regeneration burns and the mopping up operations associated with regeneration burns or wildfires.
21.2 Retention classification
(a) An employee will retain the classification applicable immediately prior to the outbreak of a wildfire.
(b) For the purpose of and during any period of wildfire firefighting operations the employer may specifically assign an employee to another classification for which a higher wage rate is prescribed. In this case, payment must be made in accordance with clause 15.3—Higher duties.
21.3 Normal hours of work
The weekly total of hours at ordinary time will not exceed 38 per week to be worked in accordance with the normal accrual provisions.
21.4 Work periods
The minimum work period, except as provided for stand-by and call outs, will be 8 consecutive hours inclusive of time worked for normal accrual purposes. A work period can only be terminated by a rest period of a minimum of 8 hours.
21.5 Rest period
(a) An employee must receive a rest period of at least 8 consecutive hours between successive work periods.
(b) If a rest period exceeds 16 hours, a new work period will be deemed to commence at the expiration of that 16 hours.
21.6 Paid rest period
(a) If a work period exceeds 16 hours due to an extreme emergency or lack of transport, an employee must, at the conclusion of the work period, receive a rest period of at least 8 hours duration and must, in respect of such rest period, be paid 8 hours at the ordinary hourly rate.
(b) After 8 hours of any paid rest period, a new work period will be deemed to commence.
21.7 Meal breaks
Meal breaks must not exceed 45 minutes and must be counted as time worked.
21.8 Monday to Friday payment
(a) Subject to clauses 21.8(b) and 21.8(c), all time worked Monday to Friday (including time worked prior to firefighting work) must be paid for at:
(i) the ordinary hourly rate for the first 8 hours; and
(ii) 150% of the ordinary hourly rate for the next 2 hours; and
(iii) 200% of the ordinary hourly rate after that.
21.9 Saturday work
Except where the provisions of clause 21.8(c) apply, all time worked by an employee on a Saturday must be paid for at 150% of the ordinary hourly rate for the first 2 hours and at 200% of the ordinary hourly rate after that.
21.10 Sunday work
All time worked by an employee on a Sunday must be paid for at 200% of the ordinary hourly rate.
All time worked on a public holiday must be paid for at 250% of the ordinary hourly rate.
(b) An employee on stand-by will be available either at home or at such other place as is mutually agreed with the employer.
(c) Stand-by payment must be at the rate of 50% of the employee’s ordinary hourly rate.
(d) Stand-by for employees on Saturdays, Sundays and public holidays means the 8 hour period between 10.00 am and 6.00 pm.
(f) Despite clause 21.12(e), the employee will be entitled to only 8 hours stand-by pay if by 5.00 pm on their last normal working day preceding a weekend, they are notified that stand-by for that weekend has been cancelled.
(g) Between November and April, an employer may, on any normal weekday which has a high fire danger rating, place an employee on stand-by at the end of the normal working time for the day and/or their departure from the place where they normally cease work for the day. Payment must be made from the normal time of ceasing work at the rate as provided in clause 21.12(c).
(h) Where an employee is called upon to perform firefighting work on any day that they are on stand-by, they must be paid for all time worked at the appropriate prescribed rate in addition to any entitlement for stand-by performed on that day.
(a) An employee recalled to perform work in or in connection with wildfire fighting must be paid for a minimum of 4 hours’ work at the appropriate wage rate each time they are recalled.
(b) The employee must not be required to work the full hours if the job for which they are recalled is completed in a shorter period.
(c) If the work continues for more than 4 hours, the employee must be paid for a minimum work period of 8 consecutive hours.
21.14 Travelling time
All time spent by an employee travelling to and from a wildfire at the direction of the employer will be deemed to be time worked. Payment must start from, and finish at, the employer’s depot, camp or normal pick-up place in the home district.
21.15 Resumption of normal duties
(a) An employee who has been engaged in firefighting work will be entitled to a break of 10 hours between the end of the firefighting work and the start of normal duties, without loss of pay for recognised working time that occurs during the break.
(b) An employee who has been camped out for at least 3 nights will be entitled to a clear break of 12 hours in accordance with clause 21.15.
(c) These provisions will not apply with respect to any firefighting operations commenced and completed between the hours of 7.00 am and 5.00 pm on the same day.
21.16 Provision of meals
(a) The employer must provide 3 meals per day.
(b) Where an employee is required to work at night, the employer must provide suitable provisions at reasonable intervals. All food supplied by the employer must be free of charge to the employee.
Part 6—Leave and Public Holidays
[Varied by PR751061]
22.1 Annual leave entitlements are provided for in the NES. Annual leave does not apply to casual employees.
Before the start of the employee’s annual leave the employer must pay the employee:
(a) instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and
(b) an additional loading of 17.5% of the ordinary hourly rate.
22.3 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.4 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.4 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
22.5 Direction to take annual leave during shutdown
[22.5 renamed and substituted by PR751061 ppc 01May23]
(a) Clause 22.5 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them (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 22.5(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.5(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 22.5(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.5(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.4.
(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 22.4, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.6 to 22.8 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 22.5.
22.6 Excessive leave accruals: general provision
NOTE: Clauses 22.6 to 22.8 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 22.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.7 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 22.6(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 22.7(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 22.6, 22.7 or 22.8 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 22.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.7(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 22.7(d) may result in the direction ceasing to have effect. See clause 22.7(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.
22.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.6(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 22.8(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 22.7(a) that, when any other paid annual leave arrangements (whether made under clause 22.6, 22.7 or 22.8 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 22.8(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 22.6, 22.7 or 22.8 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 22.8(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 22.8(a).
22.9 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.9.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.9.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.9 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.9 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.9.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.9.
NOTE 3: An example of the type of agreement required by clause 22.9 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763237 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750542 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 PR747355]
27.1 Public holiday entitlements are provided for in the NES.
27.2 An employee working on a public holiday will be paid in accordance with clauses 19.6(c), 19.8(d), 20.12 or 21.11.
[27.3 deleted by PR747355 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774750 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774750 from 01Jul24]
27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 27A.
27A.2 In clause 27A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
27A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 27A.7(a) if:
(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.
27A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 27A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 27A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 27A.
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763237, PR777267, PR778002]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763237; deleted by PR778002 from 26Aug24]
[Note inserted by PR778002 from 26Aug24; varied by PR777267 from 27Aug24]
NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
31.1 Notice of termination by an employee
(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 31.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 31.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 31.1(b), then no deduction can be made under clause 31.1(d).
(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
32.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
32.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.2.
Schedule A—Summary of Hourly Rates of Pay
[Varied by PR718858, PR729294, PR740720, PR762149, PR773924]
A.1 Ordinary hourly rate
Ordinary hourly rate includes the industry and special allowances payable for all purposes (see clause 17.2).
A.2 Full-time and part-time employees
A.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
[A.2.1 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Classification |
Ordinary hours |
Public holiday1 |
|
|
|
All hours |
|
|
% of ordinary hourly rate2 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
27.09 |
67.73 |
|
Silviculture and afforestation worker grade 2 |
28.05 |
70.13 |
|
Silviculture and afforestation worker grade 3 |
28.52 |
71.30 |
|
Silviculture and afforestation worker grade 4 |
29.19 |
72.98 |
|
Silviculture and afforestation worker grade 5 |
29.70 |
74.25 |
|
Silviculture and afforestation worker grade 6 |
29.93 |
74.83 |
A.2.2 Full-time and part-time employees other than shiftworkers—overtime rates
[A.2.2 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Classification |
Monday to Saturday |
Sunday |
Public holiday |
|
|
first 2 hours |
after 2 hours |
all day |
all day |
|
|
% of ordinary hourly rate 1 |
||||
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
|
Silviculture and afforestation worker grade 1 |
40.64 |
54.18 |
54.18 |
67.73 |
|
Silviculture and afforestation worker grade 2 |
42.08 |
56.10 |
56.10 |
70.13 |
|
Silviculture and afforestation worker grade 3 |
42.78 |
57.04 |
57.04 |
71.30 |
|
Silviculture and afforestation worker grade 4 |
43.79 |
58.38 |
58.38 |
72.98 |
|
Silviculture and afforestation worker grade 5 |
44.55 |
59.40 |
59.40 |
74.25 |
|
Silviculture and afforestation worker grade 6 |
44.90 |
59.86 |
59.86 |
74.83 |
A.2.3 Full-time and part-time shiftworkers—ordinary, penalty rates and overtime
[A.2.3 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Classification |
Day |
Afternoon and night |
Saturday |
Sunday |
Less than 5 successive shifts1 |
Overtime2 |
Public holidays |
|
|
% of ordinary hourly rate 3 |
||||||
|
|
100% |
115% |
150% |
200% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
27.09 |
31.15 |
40.64 |
54.18 |
40.64 |
54.18 |
67.73 |
|
Silviculture and afforestation worker grade 2 |
28.05 |
32.26 |
42.08 |
56.10 |
42.08 |
56.10 |
70.13 |
|
Silviculture and afforestation worker grade 3 |
28.52 |
32.80 |
42.78 |
57.04 |
42.78 |
57.04 |
71.30 |
|
Silviculture and afforestation worker grade 4 |
29.19 |
33.57 |
43.79 |
58.38 |
43.79 |
58.38 |
72.98 |
|
Silviculture and afforestation worker grade 5 |
29.70 |
34.16 |
44.55 |
59.40 |
44.55 |
59.40 |
74.25 |
|
Silviculture and afforestation worker grade 6 |
29.93 |
34.42 |
44.90 |
59.86 |
44.90 |
59.86 |
74.83 |
1 Shiftworkers
who work on any afternoon or night shift which does not continue for at least 5
successive afternoons or nights.
2 All time worked in excess of or outside the ordinary hours
or on a shift other than rostered shift.
3 Ordinary hourly rate includes the industry and special
allowances payable to all employees for all purposes.
A.3 Casual employees
A.3.1 Casual employees other than shiftworkers—ordinary and penalty rates
[A.3.1 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Casual hourly rate |
Public holiday1 |
|
|
|
|
All hours |
|
|
% of ordinary hourly rate2 |
|
|
|
125% |
275% |
|
|
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
33.86 |
74.50 |
|
Silviculture and afforestation worker grade 2 |
35.06 |
77.14 |
|
Silviculture and afforestation worker grade 3 |
35.65 |
78.43 |
|
Silviculture and afforestation worker grade 4 |
36.49 |
80.27 |
|
Silviculture and afforestation worker grade 5 |
37.13 |
81.68 |
|
Silviculture and afforestation worker grade 6 |
37.41 |
82.31 |
1 This
rate is payable for all time worked on a public holiday.
2 Ordinary hourly rate includes the industry and special
allowances payable to all employees for all purposes.
A.3.2 Casual shiftworkers—ordinary and penalty rates
[A.3.2 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Day |
Afternoon and night |
Saturday |
Sunday |
Less than 5 successive shifts1 |
Public holidays |
|
|
|
% of ordinary hourly rate2 |
|||||
|
|
125% |
140% |
175% |
225% |
175% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
33.86 |
37.93 |
47.41 |
60.95 |
47.41 |
74.50 |
|
Silviculture and afforestation worker grade 2 |
35.06 |
39.27 |
49.09 |
63.11 |
49.09 |
77.14 |
|
Silviculture and afforestation worker grade 3 |
35.65 |
39.93 |
49.91 |
64.17 |
49.91 |
78.43 |
|
Silviculture and afforestation worker grade 4 |
36.49 |
40.87 |
51.08 |
65.68 |
51.08 |
80.27 |
|
Silviculture and afforestation worker grade 5 |
37.13 |
41.58 |
51.98 |
66.83 |
51.98 |
81.68 |
|
Silviculture and afforestation worker grade 6 |
37.41 |
41.90 |
52.38 |
67.34 |
52.38 |
82.31 |
A.4 Bushfire fighting
A.4.1 Full-time and part-time employees
[A.4.1 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Classification |
Monday to Friday |
Saturday |
Sunday |
Public holidays |
||
|
|
After 8 hours1 |
After 10 hours |
First 2 hours |
After 2 hours |
All hours
|
All hours |
|
|
% of ordinary hourly rate2 |
|||||
|
|
150% |
200% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
40.64 |
54.18 |
40.64 |
54.18 |
54.18 |
67.73 |
|
Silviculture and afforestation worker grade 2 |
42.08 |
56.10 |
42.08 |
56.10 |
56.10 |
70.13 |
|
Silviculture and afforestation worker grade 3 |
42.78 |
57.04 |
42.78 |
57.04 |
57.04 |
71.30 |
|
Silviculture and afforestation worker grade 4 |
43.79 |
58.38 |
43.79 |
58.38 |
58.38 |
72.98 |
|
Silviculture and afforestation worker grade 5 |
44.55 |
59.40 |
44.55 |
59.40 |
59.40 |
74.25 |
|
Silviculture and afforestation worker grade 6 |
44.90 |
59.86 |
44.90 |
59.86 |
59.86 |
74.83 |
1 This penalty is paid after 8 hours up to 10 hours Monday to Friday (for 2 hours).
2 Ordinary hourly rate includes the industry and special allowances payable to all employees for all purposes.
A.4.2 Casual employees
[A.4.2 varied by PR718858, PR729294, PR740720, PR762149, PR773924 ppc 01Jul24]
|
Classification |
Monday to Friday |
Saturday |
Sunday |
Public holidays |
||
|
|
After 8 hours1 |
After 10 hours |
First 2 hours |
After 2 hours |
All hours
|
All hours |
|
|
% of ordinary hourly rate2 |
|||||
|
|
175% |
225% |
175% |
225% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Silviculture and afforestation worker grade 1 |
47.41 |
60.95 |
47.41 |
60.95 |
60.95 |
74.50 |
|
Silviculture and afforestation worker grade 2 |
49.09 |
63.11 |
49.09 |
63.11 |
63.11 |
77.14 |
|
Silviculture and afforestation worker grade 3 |
49.91 |
64.17 |
49.91 |
64.17 |
64.17 |
78.43 |
|
Silviculture and afforestation worker grade 4 |
51.08 |
65.68 |
51.08 |
65.68 |
65.68 |
80.27 |
|
Silviculture and afforestation worker grade 5 |
51.98 |
66.83 |
51.98 |
66.83 |
66.83 |
81.68 |
|
Silviculture and afforestation worker grade 6 |
52.38 |
67.34 |
52.38 |
67.34 |
67.34 |
82.31 |
1 This penalty is paid after 8 hours up to 10 hours Monday to Friday (for 2 hours).
2 Ordinary hourly rate includes the industry and special allowances payable to all employees for all purposes.
Schedule B—Summary of Monetary Allowances
[Varied by PR718858, PR719011, PR729294, PR729483, PR740720, PR740888, PR750793, PR762149, PR762312, PR773924, PR774094]
See clause 17—Allowances for full details of allowances payable under this award.
[B.1.1 varied by PR718858, PR729294, PR740720, PR762149, PR773924 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 hourly wage for a Silviculture and afforestation worker grade 3 in clause 15.1 = $26.42
|
Allowance |
Clause |
% of standard rate
|
$ |
Payable |
|
Industry allowance1 |
17.4(a) |
147.0 |
38.84 |
per week |
|
Leading hand in charge of—1 person |
17.4(b)(i) |
94.0 |
24.83 |
per week |
|
Leading hand in charge of—2 to 5 persons |
17.4(b)(i) |
209.0 |
55.22 |
per week |
|
Leading hand in charge of—6 to 10 persons |
17.4(b)(i) |
265.0 |
70.01 |
per week |
|
Leading hand in charge of—More than 10 persons |
17.4(b)(i) |
353.0 |
93.26 |
per week |
1 This allowance applies for all purposes of this award.
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750793 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 varied by PR719011, PR729483, PR740888, PR762312, PR774094 ppc 01Jul24]
|
Allowance |
Clause |
$ |
Payable |
|
Fares and travelling time—Metropolitan radial areas |
17.5(a) |
15.04 |
per day |
|
Fares and travelling time—distant jobs |
17.5(b) |
15.04 |
per day |
|
Fares and travelling time—country radial areas |
17.5(c)(i) |
15.04 |
per day |
|
Fares and travelling time—travelling outside radial areas |
17.5(d)(ii) |
0.98 |
per km |
|
Fares and travelling time—transfer during ordinary working hours |
17.5(h)(ii) |
0.98 |
per km |
|
Meal allowance—overtime in excess of one and a half hours |
17.6 |
16.76 |
per occasion |
|
Living away from home allowances—board and lodging—full week |
17.7(c)(ii) |
509.39 |
per week |
|
Living away from home allowances—board and lodging—broken part of week |
17.7(c)(iii) |
72.79 |
per day |
|
Living away from home allowances—camping out—camping allowance—full week |
17.7(d)(ii) |
273.11 |
per week |
|
Living away from home allowances—camping out—camping allowance—less than a week |
17.7(d)(ii) |
38.96 |
per day |
|
Living away from home allowances—weekend return home |
17.7(g)(i) |
32.06 |
per occasion |
B.2.1 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Living away from home allowances |
Domestic holiday travel and accommodation sub-group |
|
Travel allowance |
Transport group |
|
Vehicle allowance |
Private motoring sub-group |
|
Weekend return home allowance |
Transport group |
The following allowance is payable in accordance with clause 17.3 and must not be altered as a consequence of wage adjustments.
|
Allowance |
Clause |
$ per week |
|
Special allowance |
17.3 |
7.70 |
1 This allowance applies for all purposes of this award.
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, 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, 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 for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule E—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 F—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule G—Part-day Public Holidays deleted by PR747355 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868, ppc 17Oct22]
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