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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.

2. Definitions

[Varied by PR733909]

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 16.2(b)).

[Definition of casual employee inserted by PR733909 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

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.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

fatigue management regulations means the fatigue management regulations made by the National Transport Commission from time to time.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

ordinary hourly rate means the hourly rate for an employee’s classification prescribed by this award, inclusive of the industry allowance.

standard rate means the minimum weekly rate for Level 6 in clause 15.1.

waste management industry has the meaning given in clause 4.2.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia in the waste management industry and their employees in the classifications listed in clause 12—Classifications to the exclusion of any other modern award.

4.2 The waste management industry means the collection, transportation, handling, recycling and disposal of any waste material whatsoever (be it solid or liquid, organic, biological, medical, raw or natural, wholly or partly manufactured, decomposed or partly decomposed or in any other state or form and including all domestic, trade and industrial waste) and includes the operation of transfer stations, landfill sites, incinerators, recycling depots, yards or terminals, treatment plants, compost facilities, alternative waste treatment facilities and the operation of other facilities of the same kind.

4.3 This award covers any employer which supplies labour on an on-hire basis in the waste management 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 waste management industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 The 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

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

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 PR763240 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. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause	Provision	Agreement between an employer and:
13.3(b)(i)	Providing for other than a rostered day off	The majority of employees
13.6	Make-up time	An individual
19.6	Time off instead of payment for overtime	An individual
22.3	Annual leave in advance	An individual
22.4	Cashing out of annual leave	An individual
27.4	Substitution of public holidays by agreement	An individual

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 Employees 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. This decision will then be recorded in the time and wages record.

9. Full-time employees

A full-time employee is engaged to work an average of 38 ordinary hours per week.

10. Part-time employees

10.1 A part-time employee is engaged to work less than 38 ordinary hours per week.

10.2 The terms of this award apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

10.3 A part-time employee will be paid the ordinary hourly rate for the classification in which the employee is engaged with a minimum payment of 4 hours for each day.

10.4 Before commencing employment, the part-time employee and employer must agree upon:

(a) the hours to be worked by the employee,

(b) the days upon which the hours will be worked;

(c) the commencing and finishing times; and

(d) the employee’s classification.

10.5 The terms of the agreement made pursuant to 10.4 or any variation to it must be in writing and retained by the employer. The employer must provide a copy of the agreement, and any agreed variation to it, to the employee.

10.6 The employer must pay a part-time employee at overtime rates for all time worked:

(a) in excess of the daily or weekly hours agreed under clause 10.4; or

(b) outside the spread of hours in clause 13.2.

11. Casual employees

[Varied by PR723990, PR733909]

[11.1 substituted by PR733909 from 27Sep21]

11.1 At the time of engagement the employer must inform the employee that they are to be employed as a casual employee, by whom they are to be employed and their classification, minimum wage and duties.

[11.2 and 11.3 deleted by PR733909 from 27Sep21]

[11.4 renumbered as 11.2 by PR733909 from 27Sep21]

11.2 The employer must notify a casual employee at the end of the day whether their services will be required on the next working day.

[11.5 renumbered as 11.3 by PR733909 from 27Sep21]

11.3 The minimum daily engagement of a casual employee is 4 hours.

11.4 Casual loading

[11.6 renumbered as 11.4 by PR733909 from 27Sep21]

[11.6(a) substituted by PR723990 ppc 20Nov20]

(a) For each ordinary hour worked, a casual employee must be paid:

(i) the ordinary hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the ordinary hourly rate.

[11.7 renumbered as 11.5 by PR733909 from 27Sep21]

11.5 The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and the other conditions of full-time or part-time employment.

[11.8 varied by PR723990 ppc 20Nov20; 11.8 renumbered as 11.6 by PR733909 from 27Sep21]

11.6 A casual employee working overtime or outside ordinary hours will be paid the overtime rate in clause 19.1 and an additional amount of 10% of the ordinary hourly rate for the work performed.

11.7 Offers and requests for casual conversion

[11.9 renumbered as 11.7 and renamed and substituted by PR733909 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 30—Dispute resolution.

12. Classifications

The classifications covered by this award are as follows:

12.1 Level 1

An employee engaged as a depot hand in training.

12.2 Level 2

An employee performing one or more of the following functions:

(a) Labourer or depot hand at any waste management facility including but not limited to transfer stations, landfills, recycling centres, alternative waste treatment facilities and incinerators;

(b) Waste treatment and/or handling and/or disposal facility attendant and/or process worker; and

(c) Offsider (includes Runners) to a Driver in all waste management systems.

12.3 Level 3

An employee performing one or more of the following functions:

(a) Weighbridge operator;

(b) Trainee driver of vehicle up to and including 14 tonnes GVM; and

(c) Driver (not elsewhere included) of a waste management vehicle up to and including 4.5 tonnes GVM.

12.4 Level 4

An employee performing one or more of the following functions:

(a) Driver of a vehicle with a truck mounted loading crane;

(b) Driver/operator of a mechanical road sweeper;

(c) Incinerator operator;

(d) Operator of earthmoving plant at a waste management facility up to and including 150 BHP (estimated 112kW);

(e) Trainee driver of vehicle exceeding 14 tonnes GVM; and

(f) Driver of a waste management vehicle exceeding 4.5 tonnes GVM and up to and including 14 tonnes GVM.

12.5 Level 5

An employee performing one or more of the following functions:

(a) Driver of a waste management vehicle exceeding 14 tonnes GVM and up to and including 30 tonnes GVM being:

(i) Rear end loading vehicles;

(ii) Roll on/roll off vehicles including hook lift, dino and cable;

(iii) Side lift vehicles (commercial collections);

(iv) Liquid waste rigid vehicles;

(v) Lift on skip or morrell vehicles;

(vi) Pantechnicon; and

(vii) Vehicle carrying septic tanks, chemical closets, portaloos, etc.

12.6 Level 6

An employee performing one or more of the following functions:

(a) Driver of an articulated vehicle;

(b) Driver of a rigid vehicle exceeding 30 tonnes GVM;

(c) Driver of a front lift vehicle; and

(d) Driver of a vehicle collecting containers of solid waste and/or recyclable materials by means of a one-man side operated grab and lifting device (SOLO) in accordance with local government contracts.

12.7 Level 7

An employee performing the following functions:

· Driver/instructor (all systems).

12.8 Level 8

An employee performing one or more of the following functions:

(a) Intermodal facility operator and tipping platform operator only;

(b) Operator of earth moving plant at a waste management facility over 150 BHP (estimated 112 kW).

12.9 Level 9

Driver of a double articulated vehicle (B double).

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 The ordinary hours of work for full-time employees will be an average of 38 hours per week to be worked within a work cycle not exceeding 28 consecutive days.

13.2 Ordinary hours and roster cycles

(a) Except as provided below, ordinary hours:

(i) are worked between 4.00 am and 5.00 pm, Monday to Friday; and

(ii) must not exceed 8 hours per day and are to be worked continuously (except for meal breaks).

13.3 Method of working ordinary hours

Ordinary hours may be worked in either of the following methods:

(a) Providing for a rostered day off

(i) An employee may work 19 days of 8 hours each over a continuous 4 week period.

(ii) A maximum of 10 rostered days off may be accumulated over a 40 week period, after which the employer may direct the employee to take the accumulated days.

(iii) Rostered days off may be taken at the start of the roster cycle, provided that if the employee ceases employment with the employer before accruing credits to cover the time taken in advance, any time outstanding may be deducted from money owed to the employee on termination of employment.

(iv) An employer may require an employee to forego a rostered day off due to operational requirements in which case the employee will be entitled to a substitute day off. Otherwise an employee’s rostered day off may be changed during the roster period by agreement or on 48 hours’ notice by the employer.

(v) Payment will be for 7 hours 36 minutes per day and an employee will accumulate 24 minutes per day over the 19 work days in the 28 day period of the roster to cover payment for the rostered day off.

(vi) Where an employer is required to service a particular client or clients and there has been a cessation of operations resulting from:

· annual close-down;

· industrial action;

· compulsory closure as a result of a legislative direction; or

· other circumstances beyond the control of the employer,

the employer may require employees to take a rostered day or days off to coincide with the day or days that the operation is closed, up to a maximum of 5 days.

(vii) A rostered day or days off taken in accordance with clause 13.3(a)(vi) which would normally become due to the employee will not become due for the number of days taken in accordance with clause 13.3(a).

(viii) Where an employee is absent on workers compensation for more than 5 consecutive working days no entitlement to a rostered day off will accrue with respect to the period of the absence which exceeds 5 days.

(b) Providing for other than a rostered day off

An employer may require an employee to work ordinary hours over 5 days, Monday to Friday inclusive without a rostered day off, provided the daily hours are continuous (except for meal breaks), in any of the following circumstances:

(i) where there is agreement between the employer and the majority of employees;

(ii) where the employer operates 3 or fewer vehicles at a particular yard, depot or garage;

(iii) where the employer has arrangements with a client for the provision of transport services on a permanent basis extending over each day of the week, Monday to Friday, and those arrangements would be prejudiced by the requirement for a rostered day off; or

(iv) where the employer’s operations are such that it is necessary for the employee to work on each day of the week Monday to Friday and those operations would be prejudiced if the employee was given a rostered day off.

13.4 Starting and finishing times

(a) Each employer must fix a regular starting and finishing time for each employee which must be the same on each day of the week.

(b) An employer may alter an employee’s starting and finishing times on 7 days’ notice.

13.5 Absences from duty

Where an employer makes a deduction from an employee’s pay for an absence for which an employee is not entitled to be paid, a day’s pay is to be calculated by dividing the employee’s average weekly pay for ordinary hours by 5 and an hour’s pay is to be calculated by dividing the employee’s average weekly pay for ordinary hours by 38.

13.6 Make-up time

An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in clause 13.2(a)(i).

14. Breaks

14.1 Unpaid meal breaks

(a) An employee must be allowed an unpaid meal break of between 30 minutes and one hour within 5 and a quarter hours of commencing duty.

(b) The employer and the employee will agree on the time and length of the meal break having regard, among other things, to the fatigue management regulations.

14.2 Overtime meal breaks

(a) An employee must be allowed an unpaid meal break of not less than 15 minutes and not more than 30 minutes after 2 hours of overtime.

(b) The employee and the supervisor will agree on the time and length of the meal break having regard, among other things, to the fatigue management regulations.

(c) An employee working overtime may be entitled to a meal allowance in accordance with clause 16.3(a).

Part 4—Minimum Wages and Allowances

15. Minimum rates

[Varied by PR720159, PR718861, PR729300, PR740723, PR762152, PR767888]

15.1 Adult rates

[15.1 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

Adult employees are entitled to the minimum weekly rate prescribed for the classification in which they are employed plus the industry allowance referred to in clause 16.2(b), as follows:

Classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
	$	$
Level 1	907.70	23.89
Level 2	929.40	24.46
Level 3	940.20	24.74
Level 4	956.80	25.18
Level 5	968.70	25.49
Level 6	993.90	26.16
Level 7	1065.70	28.04
Level 8	1119.00	29.45
Level 9	1129.90	29.73

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 Junior rates

[15.2(a) varied by PR767888 ppc 31Dec23]

(a) The minimum rates to be paid to junior employees are the following percentages of the minimum wage for the relevant classification:

Age	% of relevant minimum wage
Under 19 years	70
19 years	80
20 years	100

(b) Where a junior employee aged 18 years or more is required to drive and be in sole charge of a motor vehicle, they will be paid the adult rate assigned to the class of driving work that they are required to perform.

15.3 Higher duties

(a) Where an employee is required to perform work at more than one classification level on any one day the employee is to be paid the minimum rate for the highest level, calculated hourly, for the whole day.

(b) An employee is not to be transferred to a lower classification level except on 7 days’ notice.

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 National training wage

[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 ppc 18Jun20, PR718861, PR729300, PR762152 ppc 01Jul23]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Waste Management Award 2020 and not the Miscellaneous Award 2020.

16. Allowances

[Varied by PR718861, PR719014, PR729300, PR729486, PR740723, PR740891, PR762152, PR762316]

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 Employers must pay to an employee the allowances the employee is entitled to under clause 16.

NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

16.2 Wage-related allowances

(a) All-purpose allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The industry allowance is paid for all purposes under this award (clause 16.2(b)).

(b) Industry allowance

[16.2(b)(i) varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

(i) A full-time employee must be paid an industry allowance of $109.33 per week in addition to the appropriate minimum rate. Part-time and casual employees must be paid the allowance pro rata.

(ii) The industry allowance is for all purposes of this award, including overtime and calculation of shift rates.

(iii) The industry allowance is paid in total recognition of the unique features associated with the waste industry. These features, which may vary from workplace to workplace and between functions, include but are not restricted to the requirement to:

· work in areas regarded as unusually offensive and obnoxious;

· handle obnoxious waste;

· work in the open in all weather variables;

· be able to adapt to and handle hydraulic lifting apparatus and compaction units associated with waste vehicles; and

· work at times with waste product which has the potential to be dangerous and therefore the requirement to abide by correct safe operating procedures including the wearing of appropriate protective safety equipment.

[16.2(c) varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

A leading hand must be paid a weekly allowance based on the number of employees in the group they are supervising. The weekly allowance is to be paid as follows:

Leading hand in charge of	Per week
	$
4–8 employees	26.84
9–15 employees	39.76
more than 15 employees	54.66

(d) Boat allowance

[16.2(d) varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

An employee required to use a boat must be paid a weekly allowance of $43.73.

(e) First aid allowance

[16.2(e) varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

An employee appointed by the employer to perform first aid must be paid an allowance of $4.97 per day.

16.3 Expense-related allowances

(a) Meal allowance

[16.3(a)(i) varied by PR719014, PR729486, PR740891, PR762316 ppc 01Jul23]

(i) An employee who has not received prior notification and is required to work overtime for 2 hours or more will either be supplied with a suitable meal by the employer or paid a meal allowance of $19.17.

[16.3(a)(ii) varied by PR719014, PR729486, PR740891, PR762316 ppc 01Jul23]

(ii) An employee required to commence work 2 hours or more prior to the normal agreed starting time must be paid a meal allowance of $19.17.

(b) Transport allowance

[16.3(b) varied by PR719014, PR729486, PR740891, PR762316 ppc 01Jul23]

An employee required to commence duty before 4.00 am is entitled to a transport allowance of $10.06 per day unless the employer provides transport.

17. Payment of wages

[Varied by PR719906]

17.1 All earnings, including overtime, must be paid in the employer’s time on a day to be fixed by the employer. Once fixed, the day must not be altered more than once in 3 months.

17.2 All earnings, including overtime, must be paid within 3 days of the end of the week in which they accrue.

[17.3 substituted by PR719906 ppc 11Jun20]

17.3 Clauses 17.1 and 17.2 operate subject to clause 17.5.

17.4 The employer may pay an employee by electronic funds transfer to a bank account nominated by the employee in question.

17.5 Payment on termination of employment

[17.5 inserted by PR719906 ppc 11Jun20]

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(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 money due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under clause 17.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 17.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.5. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18. Superannuation

[Varied by PR771318]

18.1 Superannuation legislation

[18.1 substituted by PR771318 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.

18.2 Employer contributions

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

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(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 PR771318 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) TWUSUPER;

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(c) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime and Shiftwork

19. Overtime

[Varied by PR723990, PR763240]

[19.1 varied by PR723990 ppc 20Nov20]

19.1 Work done outside ordinary hours by full-time and part-time employees must be paid for at 150% of the ordinary hourly rate calculated hourly for the first 2 hours and 200% after 2 hours.

[New 19.2 inserted by PR723990 ppc 20Nov20]

19.2 Work done outside ordinary hours by casual employees must be paid for at 160% of the ordinary hourly rate calculated hourly for the first 2 hours and 210% after 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the additional rate of 10% prescribed by clause 11.6, to the overtime rates for full-time and part-time employees prescribed by clause 19.1.

[19.2 renumbered as 19.3 and varied by PR723990 ppc 20Nov20]

19.3 Except as provided in clauses 19.1, 19.2 and 19.4, in computing overtime each day’s work will stand alone.

[19.3 renumbered as 19.4 by PR723990 ppc 20Nov20]

19.4 When overtime work is necessary it must, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

(a) An employee (other than a casual employee) who has not had at least 10 consecutive hours off duty between finishing overtime and the commencement of ordinary hours the next day must, subject to clause 19.4, be given time off without loss of pay until 10 consecutive hours have elapsed.

(b) If, on the instruction of the employer, such an employee resumes or continues work without having had 10 consecutive hours off duty, the employee must be paid at 200% of the ordinary hourly rate for such period, until released from duty, and is then entitled to be absent until 10 consecutive hours off duty have expired, without loss of pay for ordinary working time occurring during such absence.

[19.4 renumbered as 19.5 by PR723990 ppc 20Nov20]

19.5 Call-back

(a) An employee recalled to work overtime after leaving the employer’s depot, yard or garage (whether notified before or after leaving the depot, yard or garage) is to be paid for a minimum of 3 hours’ work for the first recall and a minimum of 2 hours for each subsequent recall.

(b) The employee is not to be required to work the full minimum hours referred to in clause 19.5(a) if the job the employee was recalled to perform is completed within a shorter period except in the case of unforeseen circumstances.

(c) Clause 19.5 does not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside ordinary hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary hours.

(d) Overtime worked under clause 19.5(a) to 19.5(c) is not to be regarded as overtime for the purposes of clause 19.4(a) where the actual time worked is less than the minimum hours.

[19.5 renumbered as 19.6 by PR723990 ppc 20Nov20]

19.6 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(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 19.6.

(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;

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in clause 19.6(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 19.6 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 19.6 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 19.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(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 19.6 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 19.6(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 19.6 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 19.6 will apply, including the requirement for separate written agreements under clause 19.6(b) for overtime that has been worked.

[Note varied by PR763240 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 19.6 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 19.6.

20. Shiftwork

[Varied by PR723990]

20.1 Definitions

(a) Afternoon shift means a shift where the ordinary hours worked finish after 6.30 pm but not later than 12.30 am.

(b) Night shift means a shift where the ordinary hours worked finish after 12.30 am and at or before 8.30 am.

(c) Continuous work means work carried on with continuous shifts of workers throughout the 24 hours on each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(d) Rostered shift means a shift for which the employee concerned has had at least 48 hours’ notice.

(e) Shiftwork means work extending for at least 5 consecutive days and performed either in daily recurrent periods or in regular rotating periods falling within the limits defined for afternoon shift or night shift.

20.2 Shift rosters

(a) The employer must post a shift roster in a prominent place in the workplace.

(b) The shift roster must specify the start and finishing times of ordinary hours of respective shifts.

(c) The roster must not be altered without 7 days’ notice.

20.3 Shift rates

Shiftworkers must be paid the following rates for ordinary hours worked on shifts as follows:

	Weekly employees	Casual employees
	% of the ordinary hourly rate
Afternoon shift	117.5	142.5
Night shift	130	155

20.4 Shiftwork—overtime

[20.4 varied by PR723990] ppc 20Nov20]

An employee engaged on shiftwork must be paid at the relevant overtime rates as provided for in clause 19—Overtime instead of the shift rate in clause 20.3 if:

(a) the employee has not had at least 48 hours’ notice of a shift; or

(b) the shiftwork is not regular shiftwork (as defined in clause 20.1(e)); or

(c) the shiftwork is performed outside ordinary hours or in excess of 8 hours per shift.

20.5 Transfer to or from shiftwork

(a) An employee may be transferred to or from shiftwork on 14 days’ notice provided the employee has at least 10 hours off duty before commencing shiftwork.

(b) Where 14 days’ notice is not provided, the employee will be paid overtime rates for all work done outside previous ordinary working hours within 14 days of the time of notification of the change.

20.6 Work on Saturday, Sunday or public holiday

A shiftworker attending for work on a rostered shift, the major portion of which falls on a Saturday, Sunday or public holiday, must be paid the rates prescribed in clauses 21.3, 21.4 and 27.5 instead of the shift rate in clause 20.3.

20.7 Rate when shift extends beyond midnight

Despite any other provision of clause 20 each shift must be paid for at the rate applicable to the day on which the major portion of the shift is worked.

21. Saturday and Sunday work

21.1 Subject to any custom now prevailing under which employees are required regularly to hold themselves in readiness for call-back, employees required to hold themselves in readiness for work after ordinary hours are to be paid at the relevant ordinary hourly rate for all such time.

21.2 When an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the employer must provide transport home or pay the employee at the ordinary hourly rate for the time reasonably taken to return home.

21.3 Saturday work

An employee required to work overtime on a Saturday is to be paid for at least 4 hours at overtime rates unless the overtime is continuous with overtime which commenced on the previous day.

21.4 Sunday work

All time of duty on any Sunday stands alone and must be paid for at 200% of the ordinary hourly rate with a minimum payment of 4 hours.

Part 6—Leave and Public Holidays

22. Annual leave

22.1 Annual leave is provided for in the NES. Clause 22 contains additional provisions.

22.2 During a period of annual leave an employee will receive a loading calculated on the wage rate prescribed in clause 15—Minimum rates of this award.

The loading is as follows:

(a) Day work

Employees who would have worked on day work only had they not been on leave—17.5% or the relevant weekend penalty rates, whichever is the greater but not both.

(b) Shiftwork

Employees who would have worked on shiftwork had they not been on leave—a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

22.3 Annual leave in advance

(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 22.3 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 22.3 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.3, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.4 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.4.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.4.

(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 22.4 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 22.4 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 22.4 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 22.4.

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 22.4.

NOTE 3: An example of the type of agreement required by clause 22.4 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.

22.5 Excessive leave accruals: general provision

NOTE: Clauses 22.5 to 22.7 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.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 22.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 22.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.6 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 22.5(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 22.6(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 22.5, 22.6 or 22.7 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 22.6(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.6(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 22.6(d) may result in the direction ceasing to have effect. See clause 22.6(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.

22.7 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.5(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 22.7(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 22.6(a) that, when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 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 22.7(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 22.5, 22.6 or 22.7 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 22.7(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 22.7(a).

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 PR763240 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.

25. Community service leave

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 PR750557 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.

27. Public holidays

[Varied by PR747357]

27.1 Public holidays are provided for in the NES.

27.2 Where an employee works on a public holiday they will be paid in accordance with clause 27.5.

[27.3 substituted by PR747357 ppc 14Nov22]

27.3 Rostered day off falling on a public holiday

(a) Where an employee’s rostered day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(i) 7 hours and 36 minutes of pay at the appropriate minimum rate; or

(ii) 7 hours 36 minutes’ extra annual leave; or

(iii) a substitute day off.

(b) If a public holiday is a part-day public holiday, then clause 27.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

27.4 Substitution of public holidays by agreement

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

27.5 Payment for work on public holidays

(a) All time worked by a weekly employee on a public holiday must be paid at the following rates with a minimum payment of 4 hours:

	% of the ordinary hourly rate
Good Friday and Christmas Day	200
Any other public holiday	150

(b) Payment for work on a public holiday is in addition to any amount payable in respect of the weekly wage.

(c) Despite clause 27.5(a) an employee required to work on a public holiday during hours which, if the day were not a public holiday, would be outside the range of ordinary working time as mentioned in clause 19—Overtime, will be paid for such hours at the following rates:

	% of the ordinary hourly rate
Good Friday and Christmas Day	300
Any other public holiday	250

(d) Where Christmas Day falls on a Saturday or Sunday and another day is observed as a public holiday in accordance with sections 114 to 116 of the Act, a full-time employee who is regularly rostered to work ordinary hours on a Saturday or Sunday will be paid:

(i) a loading of 50% of the ordinary hourly rate; and

(ii) the Saturday/Sunday rate for all ordinary hours worked on 25 December with a minimum of 4 hours’ pay;

(e) An employee referred to in clause 27.5(d) will also be entitled to the substituted public holiday.

(f) Where an employee is entitled to a public holiday but the employer requires the employee to work, the employer must notify the employee on the preceding working day. Otherwise the employee is entitled to be absent on the public holiday without deduction of pay.

(g) All time worked by a casual employee on a public holiday must be paid at the following rates, with a minimum payment of 4 hours:

	% of the ordinary hourly rate
Good Friday and Christmas Day	325
Any other public holiday	275

[27.5(h) inserted by PR747357 ppc 14Nov22]

(h) Work performed on part-day public holidays

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 27.5.

[27.6 deleted by PR747357 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

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.

29.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

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

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

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.

30. Dispute resolution

[Varied by PR763240]

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.

30.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

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 inserted by PR763240 ppc 01Aug23]

NOTE 1: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763240 ppc 01Aug23]

NOTE 2: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

31. Dispute resolution training leave

31.1 An employee representative is entitled to leave with pay each calendar year, non-cumulative, to a maximum of 5 days per employee per year, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and/or industrial issues which arise at the workplace. Union delegates and/or employee representatives are only entitled to leave in accordance with clause 31 for bona fide courses.

31.2 For the purposes of clause 31, a bona fide course means a Dispute Resolution Training Leave Course conducted by or on behalf of a registered training organisation whose scope of registration includes industrial relations training. Nothing in clause 31 will prevent the employee representative and the employer from reaching agreement that such training can be provided by a union or other accredited training provider/s.

31.3 An employee representative must give the employer 6 weeks’ notice of their intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

31.4 The notice to the employer must include details of the type, content and duration of the course to be attended. Upon request, the course curriculum must be provided to the employer.

31.5 Leave is to be available according to the following scale for each yard, depot or garage of an employer:

No. of full and part-time employees covered by this award	Max. no. of employee representatives eligible to attend per year	Max. no. of days permitted per year
5–15	1	5
16–30	2	10
31–50	3	15
51–100	4	20
101 and over	5	25

31.6 An employer will not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purposes of clause 31 ordinary time earnings are defined as the ordinary hourly rate and shiftwork rates, where relevant, plus over award payment where applicable.

31.7 Leave of absence on training leave will be counted as service.

31.8 The employee must provide the employer with proof of attendance.

Part 8—Termination of Employment and Redundancy

32. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

32.1 Notice of termination by an employee

(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

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 32.1(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 32.1(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 32.1(b), then no deduction can be made under clause 32.1(d).

(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.

32.2 Job search entitlement

(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 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

33.1 Transfer to lower paid duties on redundancy

(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).

(c) If the employer acts as mentioned in clause 33.1(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.

33.2 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 33 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.

33.3 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 33.3(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 33.3(b).

(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 32.2.

Schedule A—Summary of Hourly Rates of Pay

[Varied by PR718861, PR729300, PR740723, PR762152]

A.1 Ordinary hourly rate

Ordinary hourly rate includes the industry allowance (clause 16.2(b)) which is payable for all purposes.

A.2 Full-time and part-time employees

A.2.1 Full-time and part-time employees—ordinary and penalty rates

[A.2.1 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

	Ordinary hours	Public holiday¹	Good Friday & Christmas Day^{1, 2}
	% of ordinary hourly rate³
	100%	150%	200%
	$	$	$
Level 1	26.77	40.16	53.54
Level 2	27.34	41.01	54.68
Level 3	27.62	41.43	55.24
Level 4	28.06	42.09	56.12
Level 5	28.37	42.56	56.74
Level 6	29.04	43.56	58.08
Level 7	30.92	46.38	61.84
Level 8	32.33	48.50	64.66
Level 9	32.61	48.92	65.22

¹ Payment for work on a public holiday is in addition to any amount payable in respect of the weekly wage (see clause 27.5(b)).

²Where Christmas Day falls on a Saturday or Sunday and another day is observed as a public holiday, a full-time employee who is regularly rostered to work ordinary hours on a Saturday or Sunday will be paid in accordance with clause 27.5(d). See also clause 27.5(e).

³Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.

A.2.2 Full-time and part-time shiftworkers—penalty rates

[A.2.2 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

	Afternoon	Night	Saturday		Sunday
	Afternoon	Night	First 2 hours	After 2 hours	Sunday
	% of ordinary hourly rate¹
	117.5%	130%	150%	200%	200%
	$	$	$	$	$
Level 1	31.45	34.80	40.16	53.54	53.54
Level 2	32.12	35.54	41.01	54.68	54.68
Level 3	32.45	35.91	41.43	55.24	55.24
Level 4	32.97	36.48	42.09	56.12	56.12
Level 5	33.33	36.88	42.56	56.74	56.74
Level 6	34.12	37.75	43.56	58.08	58.08
Level 7	36.33	40.20	46.38	61.84	61.84
Level 8	37.99	42.03	48.50	64.66	64.66
Level 9	38.32	42.39	48.92	65.22	65.22

¹Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.

A.2.3 Full-time and part-time employees—overtime

[A.2.3 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

	Monday to Saturday		Sunday	Public holiday¹	Good Friday & Christmas Day¹
	First 2 hours	After 2 hours	Sunday	Public holiday¹	Good Friday & Christmas Day¹
	% of ordinary hourly rate²
	150%	200%	200%	250%	300%
	$	$	$	$	$
Level 1	40.16	53.54	53.54	66.93	80.31
Level 2	41.01	54.68	54.68	68.35	82.02
Level 3	41.43	55.24	55.24	69.05	82.86
Level 4	42.09	56.12	56.12	70.15	84.18
Level 5	42.56	56.74	56.74	70.93	85.11
Level 6	43.56	58.08	58.08	72.60	87.12
Level 7	46.38	61.84	61.84	77.30	92.76
Level 8	48.50	64.66	64.66	80.83	96.99
Level 9	48.92	65.22	65.22	81.53	97.83

¹Work outside ordinary hours on a public holiday (see clause 27.5).

²Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.

A.3 Casual employees

A.3.1 Casual employees—ordinary and public holiday penalty rates

[A.3.1 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

	Ordinary hours	Public holiday	Good Friday & Christmas day
	% of ordinary hourly rate¹
	125%	275%	325%
	$	$	$
Level 1	33.46	73.62	87.00
Level 2	34.18	75.19	88.86
Level 3	34.53	75.96	89.77
Level 4	35.08	77.17	91.20
Level 5	35.46	78.02	92.20
Level 6	36.30	79.86	94.38
Level 7	38.65	85.03	100.49
Level 8	40.41	88.91	105.07
Level 9	40.76	89.68	105.98

¹Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.

A.3.2 Casual shiftworkers—shiftwork penalty rates

[A.3.2 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

	Afternoon	Night	Saturday		Sunday
	Afternoon	Night	First 2 hours	After 2 hours	Sunday
	% of ordinary hourly rate¹
	142.5%	155%	175%	225%	225%
	$	$	$	$	$
Level 1	38.15	41.49	46.85	60.23	60.23
Level 2	38.96	42.38	47.85	61.52	61.52
Level 3	39.36	42.81	48.34	62.15	62.15
Level 4	39.99	43.49	49.11	63.14	63.14
Level 5	40.43	43.97	49.65	63.83	63.83
Level 6	41.38	45.01	50.82	65.34	65.34
Level 7	44.06	47.93	54.11	69.57	69.57
Level 8	46.07	50.11	56.58	72.74	72.74
Level 9	46.47	50.55	57.07	73.37	73.37

¹Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.

Schedule B—Summary of Monetary Allowances

[Varied by PR718861, PR719014, PR729300, PR729486, PR740723, PR740891, PR750796, PR762152, PR762316]

See clause 16—Allowances for full details of allowances payable under this award.

B.1 Wage-related allowances

[B.1.1 varied by PR718861, PR729300, PR740723, PR762152 ppc 01Jul23]

B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Level 6 in clause 15.1 = $993.90.

Allowance	Clause	% of standard rate	$	Payable
Industry allowance¹	16.2(b)	11.0	109.33	per week
Leading hand in charge of—4–8 employees	16.2(c)	2.7	26.84	per week
Leading hand in charge of—9–15 employees	16.2(c)	4.0	39.76	per week
Leading hand in charge of—more than 15 employees	16.2(c)	5.5	54.66	per week
Boat allowance	16.2(d)	4.4	43.73	per week
First aid allowance	16.2(e)	0.5	4.97	per day

¹This allowance applies for all purposes of this award.

B.1.2 Automatic adjustment of wage-related allowances

[B.1.2 renamed and substituted by PR750796 ppc 15Mar23]

The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

B.2 Expense-related allowances

[B.2.1 varied by PR719014, PR729486, PR740891, PR762316 ppc 01Jul23]

B.2.1 The expense-related allowances in this award will be payable to employees in accordance with clause 16.3:

Allowance	Clause	$	Payable
Meal allowance	16.3(a)	19.17	per occasion
Transport allowance	16.3(b)	10.06	per day

B.2.2 Adjustment of expense-related allowances

(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Transport allowance	Transport group

Schedule C—Supported Wage System

[Varied by PR719661, PR729672, PR742256, PR762969]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

C.2 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.

supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.

SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause C.5 ) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[C.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]

C.4.2 Provided that the minimum amount payable must be not less than $102 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 Assessment of capacity

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 ppc 01Jul23]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 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 PR747357 ppc 14Nov22]

[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048, PR728080, PR736911; deleted byPR746868]

Details

Title: Waste Management Award 2020
Code: MA000043

Effective:

Updated:

Instrument Type: Modern Award

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Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.

Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

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Waste Management Award 2020

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