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Wool Storage, Sampling and Testing Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771319).
Clause(s) affected by the most recent variation(s):
20—Superannuation
Table of Contents
[Varied by PR746868, PR747358, PR750601]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
Part 3— Ordinary Hours of Work
18. Annualised wage arrangements
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
25. Parental leave and related entitlements
27. Family and domestic violence leave
Part 7— Consultation and Dispute Resolution
29. Consultation about major workplace change
30. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Classification and Progression Principles
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary Allowances
Schedule D —Supported Wage System
Schedule E —Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Wool Storage, Sampling and Testing 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 PR733910]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
afternoon shift means any shift finishing after 6.00 pm and at or before 1.00 am.
base rate of pay has the same meaning as in section 16 of the Act.
[Definition of casual employee inserted by PR733910 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
continuous shiftworker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 6 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.
day shift means any shift finishing after 2.00 pm and at or before 6.00 pm.
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).
full rate of pay has the same meaning as in section 18 of the Act.
junior employee means an employee under the age of 21 years.
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.
night shift means any shift finishing after 1.00 am and at or before 7.00 am.
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.
raw wool testing laboratory means a testing laboratory independent of the sale transaction and having undertaken to carry out tests in accordance with the current International Wool Textile Organisation Core Test Regulations. Raw wool includes greasy wool, wool which has been scoured, carbonised, washed or solvent degreased, scoured skin wools, washed skin wools. It consists of wool fibre together with variable amounts of vegetable matter and extraneous alkali-insoluble impurities, mineral matter, wool waxes, suint and moisture. Greasy wool is wool from the sheep’s back or sheepskins, which has not been scoured, solvent degreased, carbonised or otherwise processed.
raw wool testing, skin, hide and wool storage services industry has the meaning given in clause 4.2.
sampling means all or any of the functions and duties required to be performed in connection with, or incidental to, the obtaining of wool samples for testing and, in particular, without limiting the generality of the foregoing, includes:
· the drawing of samples manually and/or the operation of mechanical sampling equipment;
· attendance at sampling lines in wool stores;
· the weighing of bales and recording of bale weights as a sworn weigher; and
· the clerical functions associated with the identification of bales and samples.
Sampling assistant means an employee engaged by a raw wool testing laboratory and required to perform sampling functions and duties, who has not completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee.
Sampling officer means an employee engaged by a raw wool testing laboratory and required to perform sampling functions and duties, who has completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee.
Senior sampling officer means a raw wool testing laboratory employee who, in addition to performing sampling functions and duties without direct supervision, is required to accept additional responsibilities such as the planning, organising and supervision of sampling by other employees, the administration of the company’s operations in a centre or specific area and/or officially representing the employer in discussions with representatives of other wool industry companies.
Senior testing officer means a raw wool testing laboratory employee who, in addition to performing testing functions and duties without direct supervision, is required to accept additional responsibilities, such as the planning, organising and supervision of testing by other employees, the administration of the company’s operations in a specific area, undertaking a range of quality control duties and/or participating in stock control, purchasing etc. associated with the testing operations.
shiftwork means work performed by shiftworkers.
shiftworker means an employee currently engaged to work in a system of shifts, being afternoon shifts, night shifts or both, or a continuous shiftworker.
standard rate means the minimum hourly rate for a Wool Industry Worker Level 2 (Skin and Hide Stores) employee in clause 16—Minimum rates. This rate is to be used for the purposes of calculating various allowances that require a designated standard rate.
testing means all or any of the functions and duties required to be performed in connection with, or incidental to, the testing of wool, seeds, grain, grasses and wool grease samples and, in particular, without limiting the generality of the foregoing, includes:
· the operation of various types of laboratory apparatus, testing equipment and machines;
· the weighing of containers and/or samples, subsamples and test specimens using laboratory balances provided and the recording of such weights;
· the clerical functions associated with the identification, control batching etc. of samples, subsamples, test specimens and containers; and
· the use of such chemicals and the handling of samples as required by the procedures laid down from time to time.
Testing assistant means an employee engaged by a raw wool testing laboratory and required to perform testing functions and duties, who has not completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee.
Testing officer means an employee engaged by a raw wool testing laboratory and required to perform testing functions and duties, who has completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee.
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 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply.
3.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies, 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 raw wool testing, skin, hide and wool storage services industry and their employees in the classifications listed in Schedule A—Classification and Progression Principles to the exclusion of any other modern award.
4.3 This award covers any employer which supplies labour on an on-hire basis in the raw wool testing, skin, hide and wool storage services 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 raw wool testing, skin, hide and wool storage services industry and/or parts of the 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 PR763241 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 31—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
(a) clause 13.2(b)—Ordinary hours—Employees other than shiftworkers;
(b) clause 14.1—Rostering;
(c) clause 15.2—Paid rest breaks;
(d) clause 16.3(a)—Pieceworkers;
(e) clause 21.4—Time off instead of payment for overtime;
(f) clause 23.6—Taking of annual leave over an extended period;
(g) clause 23.10—Annual leave in advance;
(h) clause 23.11—Cashing out of annual leave; and
(i) clause 28.3—Substitution of public holidays by agreement.
Part 2—Types of Employment and Classifications
8.1 Employees under this award may be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is engaged to work an average of 38 ordinary hours per week.
(a) is engaged to work an average of less than 38 ordinary hours per week; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 For each ordinary hour worked, a part-time employee must be paid the minimum hourly rate for the employee’s classification in clause 16—Minimum rates.
10.3 An employer must inform a part-time employee of their ordinary hours of work and starting and finishing times.
10.4 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
[Varied by PR733910]
[11.1 deleted by PR733910 from 27Sep21]
[11.2 renumbered as 11.1 by PR733910 from 27Sep21]
[11.3 renumbered as 11.2 by PR733910 from 27Sep21]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the minimum hourly rate in clause 16.1; and
(ii) a loading of 25% of the minimum hourly rate,
for the classification in which they are employed.
[11.4 renumbered as 11.3 by PR733910 from 27Sep21]
11.3 A casual employee must be paid the overtime rates in clause 21.1 and the penalty rates in clauses 22.2(b), 22.3(b) and 22.4(b).
[11.5 renumbered as 11.4 by PR733910 from 27Sep21]
11.4 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.
11.5 Offers and requests for casual conversion
[11.6 renumbered as 11.5 and renamed and substituted by PR733910 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 31—Dispute resolution.
12.1 The classification structure and definitions under this award are set out in Schedule A—Classification and Progression Principles.
13.1 Ordinary hours and roster cycles
(a) The ordinary hours of work for a full-time employee are an average of 38 hours per week.
(b) The ordinary hours of work for a part-time and casual employee will be in accordance with clauses 10—Part-time employees and 11—Casual employees.
(c) An employer may require an employee to work reasonable additional hours at overtime rates.
13.2 Employees other than shiftworkers
(b) An employer may agree with a majority of affected employees or an individual employee to alter the spread of hours in clause 13.2(a) to suit their individual needs.
13.3 Shiftworkers
Shiftworkers may be required to work a shift up to 12 consecutive ordinary hours (including meal breaks).
13.4 Work cycle
(a) Employees may be engaged to work on a work cycle made up of working and non-working days.
(b) The total ordinary hours of work during a work cycle must not exceed 38 hours multiplied by the total number of working and non-working weeks in the cycle.
(c) The applicable overtime rates in clause 21—Overtime will be paid for work required to be performed:
(i) in addition to rostered hours on any shift; and
(ii) in excess of the total ordinary hours in the work cycle.
13.5 Maximum weekly hours
(a) Maximum weekly hours are provided for in the NES.
(b) Clause 13—Ordinary hours of work provides industry specific detail and supplements Division 3 of the NES which deals with maximum weekly hours.
(c) For the purposes of section 63 of the Act, an employee’s weekly hours may be averaged over a period of up to 26 weeks.
(a) Employees other than shiftworkers
Subject to clause 29—Consultation about major workplace change, an employer may vary an employee’s days or work or starting and finishing times to meet the needs of the business, by giving 48 hours’ notice or a shorter period as agreed between the employer and an individual employee.
(i) A shift system may be implemented by the employer and may be altered from time to time to meet the needs of the business in accordance with clause 14.1.
(ii) The employer may carry out operations 24 hours per day, 7 days of the week and implement and change roster systems to meet its operational requirements from time to time, having regard to the health and safety of employees.
(iii) Employees may be required to change between day work and shiftwork. An employee may be required to commence to perform or cease to perform shiftwork upon one week’s notice.
(iv) Where an employee is performing shiftwork, the employer may change shift rosters or require an employee to work a different shift roster upon 48 hours’ notice. These time periods may be reduced where agreed by the employer and the employee, or at the direction of the employer where operational circumstances require.
(v) Where an employer proposes to change an employee’s regular shift roster under clause 14.1(b) the employer must consult the employee or employees affected about the proposed change, as provided in clause 30—Consultation about changes to rosters or hours of work.
15.1 Unpaid meal breaks
(a) An employee is entitled to an unpaid meal break of not less than 30 minutes after every 5 hours worked.
(b) The time of taking a scheduled meal break by one or more employees may be altered by the employer if it is necessary to do so in order to meet a requirement for continuity of operations.
(c) The employer may stagger the taking of meal breaks to meet operational requirements.
(d) The employer will not require an employee to work more than 5 hours before the first meal is taken or between subsequent meal breaks, if any.
(a) An employee may take a paid rest break of 20 minutes per day or shift.
(b) The employer and an employee may agree to any variation of clause 15.2 to meet the requirements of the workplace and continuity of operations, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 15.2.
(c) The employer may stagger the time of taking rest breaks to meet operational requirements.
15.3 Minimum break between work on successive days or shifts
(a) Employees other than shiftworkers
(b) Shiftworkers
The provisions of clause 15.3 will apply to shiftworkers as if 8 hours were substituted for 10 hours.
[Varied by PR729302, PR740724, PR762153, PR767889]
[16.1 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
16.1 An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
$ |
$ |
|
|
Wool Storage |
|
|
|
Wool Industry Worker Level 1 |
878.40 |
23.12 |
|
Wool Industry Worker Level 2 |
911.40 |
23.98 |
|
Wool Industry Worker Level 3 |
923.90 |
24.31 |
|
Wool Industry Worker Level 4 |
966.20 |
25.43 |
|
Wool Industry Worker Level 5 |
995.00 |
26.18 |
|
Wool Industry Worker Level 6 |
1042.80 |
27.44 |
|
Wool Testing |
|
|
|
Wool Industry Worker Level 1 |
878.40 |
23.12 |
|
Wool Industry Worker Level 1 |
895.00 |
23.55 |
|
Wool Industry Worker Level 2 |
911.40 |
23.98 |
|
Wool Industry Worker Level 3 |
923.90 |
24.31 |
|
Wool Industry Worker Level 4 |
966.20 |
25.43 |
|
Wool Industry Worker Level 5 |
1003.50 |
26.41 |
|
Skin and Hide Stores |
|
|
|
Wool Industry Worker Level 1 |
878.40 |
23.12 |
|
Wool Industry Worker Level 1 |
895.00 |
23.55 |
|
Wool Industry Worker Level 1 |
911.40 |
23.98 |
|
Wool Industry Worker Level 2 |
923.90 |
24.31 |
|
Wool Industry Worker Level 3 |
965.30 |
25.40 |
|
Wool Industry Worker Level 4 |
1003.50 |
26.41 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[16.2 varied by PR767889 ppc 31Dec23]
Junior employees will be entitled to the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:
|
Age |
% of adult rate |
|
Under 18 years |
60 |
|
At 18 years |
70 |
|
At 19 years |
80 |
|
At 20 years |
90 |
(b) The employer must record a piece rate agreement made under clause 16.3 in writing and provide a copy to the employee. The employer must keep the agreement as a time and wages record.
(c) The piece rate agreement must set out the following information:
(i) the parties to the agreement;
(ii) the date the agreement commences to operate; and
(iii) the basis on which the piece rate payment is made and how piecework will be measured.
(d) An employee working under a piece rate agreement must:
(i) be paid no less than the amount to which the employee would have been entitled to receive under the rates and allowances prescribed by this award if the piece rate agreement had not been made; and
(ii) not disadvantage the employee in relation to their terms and conditions of employment.
(e) An agreement made under clause 16.3 may be terminated by written agreement between the employer and the employee or by either party giving 4 weeks’ notice in writing to the other party. The agreement will cease to operate at the end of the notice period.
(f) 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.
(g) 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.
16.4 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[16.5(b) varied by PR729302, PR740724, PR762153 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 Wool Storage, Sampling and Testing 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.
17.1 Wages will be paid either weekly, fortnightly or monthly by electronic funds transfer to the bank or other recognised financial institution nominated by the employee.
17.2 An employer may deduct from any amount required to be paid to an employee under clause 17, the amount of any overpayment of wages or allowances.
17.3 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 17.3(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 17.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3. 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.
18. Annualised wage arrangements
18.1 Annualised wage instead of award provisions
(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 18.1(c), of any or all of the following provisions of the award:
(i) clause 16.1—Minimum rates;
(ii) clause 16.2—Junior employee rates;
(iii) clause 19—Allowances;
(iv) clause 21—Overtime;
(v) clause 22—Penalty rates; and
(vi) clause 23.4—Annual leave loading.
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 18.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
18.2 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases earlier over such lesser period as has been worked).
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required by clause 18.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
18.3 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 16—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
[Varied by PR729302, PR729487, PR740892, PR762317, PR762153]
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.
19.1 Employers must pay to an employee the allowances the employee is entitled to under clause 19. See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
19.2 Wage-related allowances
[19.2(a) varied by PR729302, PR740724, PR762153 ppc 01Jul23]
A leading hand engaged in a skin and hide store must be paid an allowance of $55.91 per week.
[19.2(b) varied by PR729302, PR740724, PR762153 ppc 01Jul23]
An employee who holds first aid qualifications from St John Ambulance or an equivalent body, and who is appointed by the employer to participate in the emergency response team or otherwise to perform first aid duty, will be paid a first aid payment of $20.91 per week.
19.3 Expense-related allowances
[19.3(a)(i) varied by PR729487, PR740892, PR762317 ppc 01Jul23]
(ii) The allowance is not payable if the employer provides a meal or meal-making facilities or if the employee was notified no later than the previous day or shift that they would be required to work the overtime.
(i) Where the employer requires an employee engaged in wool testing to wear protective clothing, the employer must reimburse the employee for the cost of purchasing such clothing.
(ii) Clause 19.3(b) does not apply where the protective clothing is paid for by the employer.
(i) Where the employer requires an employee engaged in wool testing to wear safety footwear, the employer must reimburse the employee for the cost of purchasing such footwear.
(ii) Clause 19.3(c) does not apply where the safety footwear is paid for by the employer.
[Varied by PR771319]
20.1 Superannuation legislation
[20.1 substituted by PR771319 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 20 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
20.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.
20.4 Superannuation fund
[20.4 varied by PR771319 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) LUCRF:
(b) AustralianSuper;
(c) 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
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR763241]
An employee will be paid the following overtime rates for all work done in addition to their ordinary hours:
|
Full-time or part-time employee
|
Casual employee |
|
|
|
% of minimum hourly rate |
|
|
Monday to 12 noon Saturday—first 2 hours |
150% |
175% |
|
Monday to 12 noon Saturday—after 2 hours |
200% |
225% |
|
Saturday—after 12 noon |
200% |
225% |
|
Sunday all day |
200% |
225% |
|
Public holiday all day |
250% |
275% |
|
Continuous shiftworkers |
|
|
|
All overtime hours |
200% |
225% |
NOTE 1: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 21.1.
21.2 Recall—employees other than continuous shiftworkers
An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of 4 hours or will be paid for a minimum of 4 hours work in circumstances where the employee is engaged for a lesser period.
21.3 Method of calculation
(a) When computing overtime payments, each day or shift worked will stand alone.
(b) Any payments under clause 21.1 are in substitution for any other loadings or penalty rates.
21.4 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 21.4.
(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 21.4(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 21.4 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 21.4 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 21.4 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 21.4 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 21.4(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 21.4 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 21.4 will apply, including the requirement for separate written agreements under clause 21.4(b) for overtime that has been worked.
[Note varied by PR763241 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.4.
In this award:
(a) day shift means any shift finishing after 2.00 pm and at or before 6.00 pm;
(b) afternoon shift means any shift finishing after 6.00 pm and at or before 1.00 am;
(c) night shift means any shift finishing after 1.00 am and at or before 7.00 am; and
(d) continuous shiftworker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 6 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.
(a) Full-time and part-time shiftworkers or continuous shiftworkers
(i) A shiftworker or continuous shiftworker whilst on afternoon shift or night shift must be paid 115% of the minimum hourly rate.
(b) Casual shiftworkers or continuous shiftworkers
(i) A shiftworker or continuous shiftworker whilst on afternoon shift or night shift must be paid 140% of the minimum hourly rate.
(ii) A shiftworker or continuous shiftworker whilst on permanent night shift must be paid 155% of the minimum hourly rate.
NOTE: The shiftwork penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the shiftwork penalty rates for full-time and part-time employees prescribed by clause 22.2(a).
(a) Full-time and part-time employees
(ii) For ordinary hours worked at any time on a Sunday, an employee will be paid 200% of the minimum hourly rate.
(i) For ordinary hours worked at any time on a Saturday, an employee will be paid 175% of the minimum hourly rate for the first 2 hours and 225% of the minimum hourly rate after 2 hours.
(ii) For ordinary hours worked at any time on a Sunday, an employee will be paid 225% of the minimum hourly rate.
NOTE: The weekend penalties for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the weekend penalties for full-time and part-time employees prescribed by clause 22.3(a).
(c) The rates of pay referred to in clause 22.3 do not apply where the time worked forms part of the normal continuous hours in a normal shift.
(a) A full-time or part-time employee will be paid at the rate of 250% of the minimum hourly rate for any ordinary hours worked on a public holiday.
NOTE: The public holiday penalty rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the public holiday penalty rate for full-time and part-time employees prescribed by clause 22.4(a).
Part 6—Leave and Public Holidays
[Varied by PR751063].
23.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.
23.2 For the purposes of Division 6—Annual leave of the NES, shiftworker means a continuous shiftworker as defined in this award.
23.3 Arrangements for taking leave
(b) When annual leave is taken by an employee, the employer may require that the leave be taken in accordance with the employee’s roster.
When an employee takes a period of paid annual leave, the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 6 of the NES.
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).
23.5 Direction to take annual leave during shutdown
[23.5 renamed and substituted by PR751063 ppc 01May23]
(a) Clause 23.5 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (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 23.5(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 23.5(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 23.5(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 23.5(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 23.10.
(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 23.10, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 23.6 to 23.8 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 23.5.
23.6 Excessive leave accruals: general provision
NOTE: Clauses 23.6 to 23.8 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 (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 23.2).
(c) Clause 23.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 23.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
23.7 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 23.6(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 23.7(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 23.6, 23.7 or 23.8 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 23.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 23.7(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 23.7(d) may result in the direction ceasing to have effect. See clause 23.7(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.
23.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.6(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 23.8(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 23.7(a) that, when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 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 23.8(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 23.6, 23.7 or 23.8 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 23.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 23.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 23.8(a).
23.9 Taking of annual leave over an extended period
An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. For example, it may be agreed that the leave period is doubled and taken on half pay.
(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 23.10 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 23.10 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.10, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
23.11 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.11.
(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 23.11 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 23.11 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 23.11 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 23.11.
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 23.11.
NOTE 3: An example of the type of agreement required by clause 23.11 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
25. Parental leave and related entitlements
[25 varied by PR763241 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 31—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
27. Family and domestic violence leave
[27—Unpaid family and domestic violence leave renamed and substituted by PR750601 ppc 15 Mar23]
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 PR747358]
28.1 Public holidays are provided for in the NES.
28.2 Where an employee works on a public holiday, they will be paid in accordance with clause 22.4.
28.3 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.
[28.4 deleted by PR747358 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
29. Consultation about major workplace change
29.1 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.
29.2 For the purposes of the discussion under clause 29.1(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.
29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
29.4 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 29.1(b).
29.5 In clause 29 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.
29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.
30. Consultation about changes to rosters or hours of work
30.1 Clause 30 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.
30.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
30.4 The employer must consider any views given under clause 30.3(b).
30.5 Clause 30 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 PR763241]
31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, 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.
31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.
31.5 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.
31.6 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.
31.7 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 31.
31.8 While procedures are being followed under clause 31 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.
31.9 Clause 31.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763241 ppc 01Aug23]
NOTE 1: In addition to clause 31, 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 PR763241 ppc 01Aug23]
NOTE 2: In addition to clause 31, 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.
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.
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.
|
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.
(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.
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—Classification and Progression Principles
In each of the classifications under this award it is a requirement that an employee must:
(a) perform work in a fully flexible manner as reasonably required by the employer and in accordance with the employee’s ability and competence;
(b) acquire any skills as reasonably requested by the employer and, where necessary, undertake required training and assist with the training of others; and
(c) use such tools and equipment as may be required, subject to the limit of the employee’s skills and competence and provided that the employee has been properly trained in the use of such tools and equipment.
A.2 Progression
An employee will progress through the classification levels subject to:
(a) possessing the applicable skills for the level; and
(b) being required by the employer to perform work at that level.
An employee will be classified in accordance with the classification descriptions below based on whether they are employed in a wool store, a raw wool testing laboratory or a skin and hide store.
A.3.1 Wool Industry Worker Level 1 (Wool Storage)
(a) Prerequisites
· basic interpersonal and communication skills; and
· basic literacy and numeracy skills.
(b) Skills/duties
· become familiar with company policies and procedures;
· responsible for quality of their own work subject to detailed direction;
· obtain knowledge and apply appropriate manual handling skills and/or testing or sampling skills;
· ability to work in a team environment and/or under routine supervision;
· ability to exercise discretion within the limits of skills and/or training; and
· ability to undertake duties in a safe and responsible manner.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· core sampling (non-mechanical);
· feeding wool into blending machines;
· head marking or branding of head bale at receival or weighing;
· inserting lot plates or dividers;
· lobbing;
· opening or closing bales (including fadging and boodling);
· pushing into or taking from elevators or drops;
· sewing;
· wheeling baskets;
· hand trucking;
· use of non-licensed material handling equipment;
· operate wool bending machine; and
· responsible for housekeeping in own work environment.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.2 Wool Industry Worker Level 2 (Wool Storage)
(a) Prerequisites
Wool Industry Worker Level 1 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 1 the following skills/duties are required:
· able to work in a team environment under limited supervision;
· responsible for quality of own work; and
· appropriate licence to operate required materials handling equipment (other than crane or fork-lift rated in excess of 20,000 kg), (as required).
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· breaking out of specified bales for shipping, showing, pooling or blending;
· breaking out for rail trucks (including the use of mechanical aids);
· breaking down stacks of wool;
· port marking and branding of wool for shipment;
· operating and in charge of semi automatic dump press;
· operation of all appropriate materials handling equipment (other than crane or fork-lift rated in excess of 20,000 kg), not requiring ancillary or incidental clerical functions;
· sheetman or fossicker;
· wool pressing; and
· weight adjusting.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.3 Wool Industry Worker Level 3 (Wool Storage)
(a) Prerequisites
Wool Industry Worker Level 2 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:
· understands and is responsible for quality control standards;
· advanced level of interpersonal and communications skills;
· keyboard skills;
· able to perform work required under minimal supervision; and
· ability to operate computerised inventory equipment (as required).
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· sworn weigher or employee (including fork lift driver) recording or carrying out clerical functions in receiving, weighing and delivering or shipping of bales including notifying locations of bales by radio or other electronic means;
· employee in charge of an out-store;
· operation of semi automatic core line; and
· employee responsible for the actual packing of containers with dumped bales.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.4 Wool Industry Worker Level 4 (Wool Storage)
(a) Prerequisites
Wool Industry Worker Level 3 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 3 the following skills/duties are required:
· appropriate licence to operate required materials handling equipment and/or container handling equipment and/or crane, with capacity rated greater than 20,000 kg (as required);
· knowledge of operation of fully automated core line operation;
· ability to operate computerised wool handling equipment (as required); and
· ability to perform a greater number of testing and sampling functions without direct supervision and to accept additional responsibilities.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· operator in charge of a fully automated core line operation;
· operator in charge of fully automatic dump press (i.e. TriPak);
· operator of container handling equipment rated greater than 20,000 kg; and
· employee charged by employer with the responsibility of supervising and directing not more than 10 employees (not being a number of employees working as a team).
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.5 Wool Industry Worker Level 5 (Wool Storage)
(a) Prerequisites
· Wool Industry Worker Level 4 or equivalent; and
· Appropriate certification.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 4 the following skills/duties are required:
· ability to sort all types of wool to desired graded lines;
· ability to allocate bin types and calculate bin weights and percentages;
· responsible for sorting wool to industry quality control standards;
· understanding of operation of a wool re-handling department; and
· wool testing – understanding the operations of the company’s testing and/or sampling functions.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· classing or sorting wool with or without mechanical aids; and
· undertake appropriate recording functions.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.6 Wool Industry Worker Level 6 (Wool Storage)
(a) Prerequisites
Wool Classer or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Classer the following skills/duties are required:
· proven ability to train and supervise;
· must be competent to train wool classers;
· proficient in the accurate allocation of types and component percentages and weights of all wool bales;
· must ensure quality control standards are met by all wool re-handling personnel;
· must ensure the efficient operation of a wool re-handling department; and
· ability to perform testing and sampling functions and duties without supervision and to accept additional responsibilities.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· control and co-ordinate all relevant functions of a wool re-handling operation.
A.3.7 Wool Industry Worker Level 1 (Wool Testing)
(a) Prerequisites
· basic interpersonal and communication skills; and
· basic literacy and numeracy skills.
(b) Skills/duties
· become familiar with company policies and procedures;
· responsible for quality of their own work subject to detailed direction;
· obtain knowledge and apply appropriate manual handling skills and/or testing or sampling skills;
· ability to work in a team environment and/or under routine supervision;
· ability to exercise discretion within the limits of skills and/or training; and
· ability to undertake duties in a safe and responsible manner.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· performing of 3–4 less complicated testing functions, limited coreline supervision, manual coring and associated tasks to the above such as sample security, handling and delivery;
· operating mechanical sampling equipment;
· weighing of bales and recording bale weights as a sworn weigher; and
· clerical functions associated with the identification of bales and samples.
(c) Promotional criteria
An employee employed at this level in wool testing remains at this level until they have completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee. 2008 ordinary hours of service by a casual employee will be the equivalent to the 12 month period referred to above. At the end of this, an employee will be reclassified to Level 2.
A.3.8 Wool Industry Worker Level 2 (Wool Testing – Sampling or Testing Officer)
(a) Prerequisites
Wool Industry Worker Level 1 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 1 the following skills/duties are required:
· able to work in a team environment under limited supervision;
· responsible for quality of own work;
· appropriate licence to operate required materials handling equipment (other than crane or fork lift rated in excess of 20,000 kg), (as required); and
· employees will have more detailed knowledge of Company Policies and procedures and the ability to perform a greater number of testing and sampling functions.
The following tasks are indicative of the tasks which an employee at this level may be required to perform. Employees will be proficient in the following relevant tasks as required:
· laserscan testing;
· mechanical tuft sampling;
· auto residuals;
· atlas testing;
· burrs;
· vegetable matter dissection;
· fleece measurement testing;
· batching/receivals;
· more complicated non-routine testing;
· retufting; and
· recoring; and
· processing over weight bales.
An employee classified as a Sampling Officer or a Testing Officer will automatically be entitled to an incremental pay increase upon completion of each successive continuous service period which, in aggregate, is equivalent to the ordinary time worked in 12 months by a full-time employee. In the case of a full-time employee such incremental pay increase or multiple thereof, if applicable, will take effect on each anniversary of the date upon which the employee was classified as a Sampling Officer or a Testing Officer, as the case may be.
Provided that clause A.3.8(c) will be applicable only where the employee continues to demonstrate the ability to perform, efficiently and with limited supervision, a comprehensive range of functions required to be performed within the scope of the employee’s classification.
The automatic service increments referred to herein will not apply to casual employees. The exception to this is where a casual employee has completed 12,048 ordinary hours of service (equivalent to 6 years full-time). A casual employee who has completed 12,048 ordinary hours of service after 1 October 2005 will be moved to the Sampling Officer 3 or Testing Officer 3 wage rate. No further service increments will apply to such casual employees.
The quantum of an incremental pay increase, referred to herein, will be calculated as one-quarter of the difference between the Wool Industry Worker (Wool Testing) Level 2 rate and the Wool Industry Worker (Wool Testing) Level 3 rate.
A.3.9 Wool Industry Worker Level 3 (Wool Testing —Sampling or Testing Officer)
(a) Prerequisites
Wool Industry Worker Level 2 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:
· understands and is responsible for quality control standards;
· advanced level of interpersonal and communications skills;
· keyboard skills;
· able to perform work required under minimal supervision;
· ability to operate computerised inventory equipment (as required); and
· employees must demonstrate the ability to perform the testing or sampling tasks of a Testing or Sampling Officer with minimal supervision and to demonstrate pro-active abilities in carrying out the required tasks.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· conducting testing and sampling tasks with minimal supervision and demonstrating a pro-active approach to the conduct of those tasks.
(c) Promotional criteria
Before being classified formally as a Senior Sampling or Senior Testing Officer, an employee will be required to demonstrate the ability to accept those additional responsibilities specified for that classification for a probationary period of up to 6 months.
During this probationary period, the employee will be paid as a Wool Industry Worker (Wool Testing) Level 4 at the entry point, provided that the minimum rate of pay for an employee who is responsible for training, organising and supervising more than 5 employees will be the mid-point of the Senior Sampling or Senior Testing Officer range.
A.3.10 Wool Industry Worker Level 4 (Wool Testing)
(a) Prerequisites
Wool Industry Worker Level 3 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 3 the following skills/duties are required:
· knowledge of operation of fully automated core line operation;
· ability to operate computerised wool handling equipment (as required); and
· ability to perform a greater number of testing and sampling functions without direct supervision and to accept additional responsibilities.
The following tasks are indicative of the tasks which an employee at this level should be proficient in and may be required to perform:
· planning, organising and supervision of testing and/or sampling by other employees;
· administering the company’s operations in a specific area;
· undertaking a range of quality control duties;
· participating in stock control, ordering, purchasing and like activities associated with the testing and sampling operations;
· trials of testing functions and/or equipment for research and development purposes;
· calibration of instruments;
· ashing; and
· scoured wool testing.
(c) Promotional criteria
Promotion of an employee through the Wool Industry Worker Level 4 classification will be calculated as one-quarter of the difference between the entry point of the Wool Industry Worker Level 4 rate and the Wool Industry Worker Level 5 rate.
Progression is not automatic and is dependent on a position becoming available.
A.3.11 Wool Industry Worker Level 5 (Wool Testing)
(a) Prerequisites
Wool Industry Worker Level 4 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 4 the following skills/duties are required:
· understanding the operations of the company’s testing and/or sampling functions.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· detailed knowledge of the company’s testing and/or sampling functions;
· ability to plan, organise and supervise employees;
· ability to write reports on operations in the employee’s work area; and
· ability to work effectively unsupervised.
A.3.12 Wool Industry Worker Level 1 (Skin and Hide Stores)
(a) Prerequisites
· basic interpersonal communication skills;
· basic literacy and numeracy skills.
(b) Skills/duties
· become familiar with company policies and procedures;
· responsible for quality of their own work subject to detailed direction;
· obtain knowledge and apply appropriate manual handling skills and/or testing or sampling skills;
· ability to work in a team environment and/or under routine supervision;
· ability to exercise discretion within the limits of skills and/or training; and
· ability to undertake duties in a safe and responsible manner.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· use of non-licensed material handling equipment;
· breaker out of certain specified bales for shipment or show purposes Brander postmarker wool for shipment;
· wool presser;
· wool blending machine operation (not being a wool classer function);
· trottering or handling green skins and/or handling hides;
· curing of skins and/or hides;
· preparing skins and/or hides for classers;
· operator of a feeder of skin, hide or wool press whether mobile or fixed;
· cleaning/maintenance;
· ability to measure accurately using gauges and meters;
· allocating and retrieving goods from specific warehouse areas;
· periodic stock checks;
· storing and packing of goods and materials in accordance with appropriate procedures and/or regulations; and
· preparation and receipt of documentation including liaison with supplier.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.13 Wool Industry Worker Level 2 (Skin and Hide Stores)
(a) Prerequisites
Wool Industry Worker Level 1 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:
· understands and is responsible for quality control standards;
· advanced level of interpersonal and communications skills;
· keyboard skills;
· able to perform work required under minimal supervision; and
· ability to operate computerised inventory equipment (as required).
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· licensed operation of all appropriate material handling equipment;
· bale clerk;
· trainee shipping officer;
· trainee classer; and
· wool classer trainee.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.14 Wool Industry Worker Level 3 (Skin and Hide Stores)
(a) Prerequisites
Wool Industry Worker Level 2 or equivalent.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:
· appropriate licence to operate required materials handling equipment and/or container handling equipment and/or crane, with capacity rated greater than 20,000 kg (as required);
· knowledge of operation of fully automated core line operation;
· ability to operate computerised wool handling equipment (as required); and
· ability to perform a greater number of testing and sampling functions without direct supervision and to accept additional responsibilities.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· operation of tripak ashe press or any other similar automated dumping press;
· core and grab machine operator; and
· skin and hide classer.
(c) Promotional criteria
An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.
A.3.15 Wool Industry Worker Level 4 (Skin and Hide Stores)
(a) Prerequisites
· Wool Industry Worker Level 3 or equivalent; and
· appropriate certification.
(b) Skills/duties
In addition to the skills/duties required of a Wool Industry Worker Level 3 the following skills/duties are required:
· ability to sort all types of wool to desired graded lines;
· ability to allocate bin types and calculate bin weights and percentages;
· responsible for sorting wool to industry quality control standards; and
· understanding of operation of a wool re-handling department.
The following tasks are indicative of the tasks which an employee at this level may be required to perform:
· liaising with management, customers and suppliers with respect to stores operation;
· maintaining control registers including invention control and being responsible for the preparation and reconciliation of regular reports on stock movements, despatches, etc;
· buyer and seller of skin, hides or wool (responsible for arrangement of shows and setting out products for potential outside buyers);
· wool classer;
· valuer of skins, hides and wool; and
· weighing, shipping or receiving a delivery officer.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR729302, PR762153]
B.1 Full-time and part-time employees
B.1.1 Full-time and part-time employees—ordinary and penalty rates
[B.1.1 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
|
|
Ordinary hours |
Public holiday |
|
|
|
% of minimum hourly rate |
||
|
|
100% |
250% |
|
|
Wool Industry Worker |
$ |
$ |
|
|
Wool Storage—Level 1 |
23.12 |
57.80 |
|
|
Wool Testing—Level 1 (first 3 months) |
23.12 |
57.80 |
|
|
Skin and Hide Stores—Level 1 (first 3 months) |
23.12 |
57.80 |
|
|
Wool Testing—Level 1 (after 3 months) |
23.55 |
58.88 |
|
|
Skin and Hide Stores—Level 1 (after 3 months) |
23.55 |
58.88 |
|
|
Wool Storage—Level 2 |
23.98 |
59.95 |
|
|
Wool Testing—Level 2 |
23.98 |
59.95 |
|
|
Skin and Hide Stores—Level 1 (after 12 months) |
23.98 |
59.95 |
|
|
Wool Storage—Level 3 |
24.31 |
60.78 |
|
|
Wool Testing—Level 3 |
24.31 |
60.78 |
|
|
Skin and Hide Stores—Level 2 |
24.31 |
60.78 |
|
|
Skin and Hide Stores—Level 3 |
25.40 |
63.50 |
|
|
Wool Testing—Level 4 |
25.43 |
63.58 |
|
|
Wool Storage—Level 4 |
25.43 |
63.58 |
|
|
Wool Storage—Level 5 |
26.18 |
65.45 |
|
|
Skin and Hide Stores—Level 4 |
26.41 |
66.03 |
|
|
Wool Testing—Level 5 |
26.41 |
66.03 |
|
|
Wool Storage—Level 6 |
27.44 |
68.60 |
|
B.1.2 Full-time and part-time employees—shiftworkers
[B.1.2 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
B.1.3 Full-time and part-time employees—overtime
[B.1.3 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
B.2 Casual employees
B.2.1 Casual employees—ordinary and penalty rates
[B.2.1 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
||||
|
|
% of minimum hourly rate |
||||
|
|
125% |
175% |
225% |
225% |
275% |
|
Wool Industry Worker |
$ |
$ |
$ |
$ |
$ |
|
Wool Storage—Level 1 |
28.90 |
40.46 |
52.02 |
52.02 |
63.58 |
|
Wool Testing—Level 1 (first 3 months) |
28.90 |
40.46 |
52.02 |
52.02 |
63.58 |
|
Skin and Hide Stores—Level 1 (first 3 months) |
28.90 |
40.46 |
52.02 |
52.02 |
63.58 |
|
Wool Testing—Level 1 (after 3 months) |
29.44 |
41.21 |
52.99 |
52.99 |
64.76 |
|
Skin and Hide Stores—Level 1 (after 3 months) |
29.44 |
41.21 |
52.99 |
52.99 |
64.76 |
|
Wool Storage—Level 2 |
29.98 |
41.97 |
53.96 |
53.96 |
65.95 |
|
Wool Testing—Level 2 |
29.98 |
41.97 |
53.96 |
53.96 |
65.95 |
|
Skin and Hide Stores—Level 1 (after 12 months) |
29.98 |
41.97 |
53.96 |
53.96 |
65.95 |
|
Wool Storage—Level 3 |
30.39 |
42.54 |
54.70 |
54.70 |
66.85 |
|
Wool Testing—Level 3 |
30.39 |
42.54 |
54.70 |
54.70 |
66.85 |
|
Skin and Hide Stores—Level 2 |
30.39 |
42.54 |
54.70 |
54.70 |
66.85 |
|
Skin and Hide Stores—Level 3 |
31.75 |
44.45 |
57.15 |
57.15 |
69.85 |
|
Wool Testing—Level 4 |
31.79 |
44.50 |
57.22 |
57.22 |
69.93 |
|
Wool Storage—Level 4 |
31.79 |
44.50 |
57.22 |
57.22 |
69.93 |
|
Wool Storage—Level 5 |
32.73 |
45.82 |
58.91 |
58.91 |
72.00 |
|
Skin and Hide Stores—Level 4 |
33.01 |
46.22 |
59.42 |
59.42 |
72.63 |
|
Wool Testing—Level 5 |
33.01 |
46.22 |
59.42 |
59.42 |
72.63 |
|
Wool Storage—Level 6 |
34.30 |
48.02 |
61.74 |
61.74 |
75.46 |
B.2.2 Casual employees—shiftworkers
[B.2.2 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
Schedule C—Summary of Monetary Allowances
[Varied by PR729302, PR729487, PR740892, PR750798, PR762153, PR762317]
See clause 19—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR729302, PR740724, PR762153 ppc 01Jul23]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for a Wool Industry Worker Level 2 (Skin and Hide Stores) employee in clause 16—Minimum rates = $24.31.
|
Clause |
% of standard rate |
$ |
Payable |
|
|
Leading hand allowance |
19.2(a) |
230.0 |
55.91 |
per week |
|
First aid allowance |
19.2(b) |
86.0 |
20.91 |
per week |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750798 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2 varied by PR729487, PR740892, PR762317 ppc 01Jul23]
The following expense-related allowances will be payable to employees in accordance with clause 19.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
19.3(a)(i) |
15.73 |
per occasion |
C.2.1 Adjustment of expense-related allowances
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.
The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
Schedule D—Supported Wage System
[Varied by PR729672, PR742256, PR762969]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (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
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR729672, PR742256, PR762969 ppc 01Jul23]
D.4.2 Provided that the minimum amount payable must be not less than $102 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR729672, PR742256, PR762969 ppc 01Jul23]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
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 F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
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Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule H—Part-day Public Holidays deleted by PR747358 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
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