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Coal Export Terminals Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2024 (PR773929, PR774051, PR774100 and PR774757).
Clause(s) affected by the most recent variation(s):
2—Definitions
15—Minimum rates
17—Allowances
Part 7—Workplace Delegates, Consultation and Dispute Resolution
25A—Workplace delegates’ rights
Schedule B—Summary of Hourly Rates of Pay
Schedule C—Summary of Monetary Allowances
Schedule E—Supported Wage System
Table of Contents
[Varied by PR750448, PR774757]
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
13. Ordinary hours of work and rostering
Part 6— Leave and Public Holidays
21. Personal/carer’s leave and compassionate leave
22. Parental leave and related entitlements
24. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
25A. Workplace delegates’ rights
26. Consultation about major workplace change
27. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Classification Structure
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary Allowances
Schedule D —School-based Apprentices
Schedule E —Supported Wage System
Schedule F —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 Coal Export Terminals Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733915, PR774757]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all-purpose rate means the rate of pay of an employee who is entitled to an all-purpose loading. This rate is to be used when calculating any penalties or loadings.
[Definition of casual employee inserted by PR733915 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
casual hourly rate means the hourly rate for a casual employee for the employee’s classification specified in Schedule A—Classification Structure, inclusive of the casual loading, which is payable for all purposes.
coal export terminal has the meaning given in clause 4.2.
continuous shiftworker means an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays.
day means a calendar day commencing at midnight on one day and concluding 24 hours later (unless otherwise agreed by the employer and a majority of the employees affected).
day worker means an employee other than a shiftworker.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774757 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774757 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) (the Act).
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hours means the hours required to be worked by an employee for the payment of their award classification rate.
[Definition of regular casual employee inserted by PR733915 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
roster means any arrangement of rostered hours worked by an employee.
rostered hours means ordinary hours of work and rostered overtime.
rostered overtime means reasonable additional hours which are required to be worked by an employee as an integral part of the employee’s roster.
[Definition of small business employer inserted by PR774757 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly wage for an Operations employee Competent level in clause 15.1(a).
[Definition of workplace delegate inserted by PR774757 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers who operate coal export terminals in respect of work by their employees in the classifications listed in Clause 15—Minimum rates to the exclusion of any other modern award.
4.4 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.
4.5 This award covers any employer which supplies labour on an on-hire basis to a coal export terminal 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 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award covers employers which provide group training services for apprentices and trainees engaged at a coal export terminal and/or parts of a coal export terminal and those apprentices and 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 4.6 operates subject to the exclusions from coverage in this award.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763242 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 28—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual affected employee, or the majority of affected employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.3 |
12 hour shifts |
A majority of affected employees |
|
13.5(a)(ii) |
Rostering of hours and length of shifts |
A majority of affected employees |
|
13.5(b)(ii) |
Shift starting and finishing times |
A majority of affected employees |
|
17.4(a)(ii) |
Tool allowance—tradespersons |
An individual |
|
19.7 |
Time off instead of payment for overtime |
An individual |
|
20.11 |
Annual leave in advance |
An individual |
|
20.12 |
Cashing out of annual leave |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is engaged to work an average of 35 ordinary hours per week.
10.1 A part-time employee is an employee who:
(a) is engaged to work an average of less than 35 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.
10.3 Any variation to the regular pattern of work will be recorded in writing.
10.4 A part-time employee will be paid the minimum hourly rate prescribed for their relevant classification and level found in clause 15—Minimum rates.
[Varied by PR723884, PR733915]
[11.1 deleted by PR733915 from 27Sep21]
[11.2 renumbered as 11.1 by PR733915 from 27Sep21]
11.1
A casual employee’s ordinary hours of work
are the lesser of an average of
35 hours per week or the hours required to be worked by the employer.
[11.3 substituted by PR723884 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733915 from 27Sep21]
11.2 For each ordinary hour worked, a casual employee will be paid no less than:
(a) the minimum hourly rate for the classification in which they are employed; and
(b) a casual loading of 25% of the minimum hourly rate.
[11.4 varied by PR723884 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733915 from 27Sep21]
11.3 The casual loading constitutes part of the casual employee’s all-purpose rate.
[11.6 renumbered as 11.5 by PR723884, 11.5 renumbered as 11.4 by PR733915 from 27Sep21]
[New 11.6 inserted by PR723884 ppc 20Nov20; 11.6 renumbered as 11.5 by PR733915 from 27Sep21]
11.5 When a casual employee works overtime, they must be paid the overtime rates in clause 19.1.
[11.5 renumbered as 11.7 by PR723884; varied by PR723884 ppc 20Nov20; 11.7 renumbered as 11.6 by PR733915 from 27Sep21]
11.6 A casual employee must receive a minimum of 4 hours’ payment for each engagement.
11.7 Offers and requests for casual conversion
[11.7 renumbered as 11.8 by PR723884; 11.8 renumbered as 11.7 and renamed and substituted by PR733915 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 28—Dispute resolution.
A description of the classifications under this award is set out in Schedule A—Classification Structure.
13. Ordinary hours of work and rostering
[Varied by PR743423]
13.1 The ordinary hours of work will be an average of 35 hours per week.
13.2 For the purposes of the NES an employee’s ordinary hours may be averaged over the roster cycle of either not more than 26 weeks for shiftworkers or a period of up to 4 weeks for day workers.
13.3 Employees other than shiftworkers
[13.3 substituted and renamed by PR743423 ppc 11Jul22]
(a) Definitions
(i) Afternoon shift means any shift, the ordinary hours of which finish after 7.00 pm and at or before midnight.
(ii) Night shift means any shift, the ordinary hours of which finish after midnight and at or before 8.00 am.
(iii) Permanent night shift means a shift during a period which an employee:
· works night shift only;
· stays on night shift for a longer period than 4 consecutive weeks; or
· works on a roster that does not give at least one third of the employee’s working time off night shift in each roster cycle.
A shiftworker or continuous shiftworker will be paid the following rates, on the following shifts:
|
|
% of minimum hourly rate |
|
Afternoon shift |
115 |
|
Night shift |
115 |
|
Permanent night shift |
125 |
(a) Rostering of hours and length of shifts
(i) The employer can determine the type of rosters to be worked.
(ii) The employer can determine the length of shifts to be worked up to a maximum of 10 hours. Shifts of more than 10 ordinary hours can only be implemented by agreement between the employer and the majority of employees affected or, in the absence of agreement, as resolved in accordance with clause 28—Dispute resolution of this award.
(b) Shift starting and finishing times
(i) The start and finish times of shifts up to 10 ordinary hours may be determined by the employer.
(ii) Shifts in excess of 10 ordinary hours will be worked between the starting and finishing times that are agreed between the employer and the majority of employees affected or, in the absence of agreement, as resolved in accordance with clause 28—Dispute resolution of this award.
(c) Roster and shift changes
(ii) 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.
(iii) The employer must consult with directly affected employees about any changes made under clause 13.5.
(iv) In the case of an emergency an employer may vary or suspend any roster arrangement immediately, notwithstanding anything elsewhere in clause 13.5.
13.6 Weekend and Public Holiday Rates – All Employees
|
Day |
Rate of pay (% of minimum hourly rate) |
|
Monday to Friday |
100% |
|
Saturday—First 4 hours |
150% |
|
Saturday—After 4 hours |
200% |
|
Sunday |
200% |
|
Public Holiday |
250% |
(b) The rates in clause 13.6 are maximum rates, and are in substitution for and not cumulative upon any other rate in this award (including shiftwork rates in clause 13.4(b)).
14.1 Unpaid meal breaks—dayworkers
An employee, other than a shiftworker, is entitled to an unpaid meal break of 30 minutes after every 5 consecutive hours worked.
14.2 Paid meal breaks—shiftworkers
(a) A shiftworker working 10 hours or less will be entitled to a paid meal break of 30 minutes per shift.
(b) A shiftworker working for longer than 10 hours will be entitled to paid meal breaks totalling 60 minutes per shift.
14.3 Breaks will be scheduled by the employee’s supervisor based upon operational requirements so as to ensure continuity of operations. The employer will not require an employee to work more than 5 hours before the first meal is taken or between any subsequent meal breaks.
14.4 An employee working overtime may be entitled to a paid meal break in accordance with clause 19.4.
14.5 The employer and an employee may agree to any variation of clause 14 to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 14.
[Varied by PR718863, PR729303, PR733915, PR740725, PR762154, PR773929]
15.1 Employees other than apprentices
[15.1(a) varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
(a) An employer must pay an employee the following minimum rates for ordinary hours worked by the employee for their classification:
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Operations and Services |
|
|
|
Entry Level – Introductory |
935.80 |
26.74 |
|
Basic |
983.40 |
28.10 |
|
Competent |
1032.30 |
29.49 |
|
Advanced |
1131.10 |
32.32 |
|
Maintenance Trades |
|
|
|
Entry Level – Introductory |
983.40 |
28.10 |
|
Competent |
1032.30 |
29.49 |
|
Advanced |
1131.10 |
32.32 |
|
Dual Trade |
1230.60 |
35.16 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
(b) The classification structure and definitions for the above classifications are contained in Schedule A—Classification Structure.
15.2 Apprentice rates
(a) The terms of this award apply to apprentices, subject to the provisions of an applicable contract of apprenticeship operating under federal, State or Territory apprenticeship legislation.
(b) Apprentices who commenced their apprenticeship before 1 January 2014 will be entitled to the percentage of the Maintenance Trades—Competent Rate as set out in the table below:
|
Year of apprenticeship |
Percentage of adult rate |
|
|
% |
|
1st year |
45 |
|
2nd year |
55 |
|
3rd year |
75 |
|
4th year |
88 |
|
Year of apprenticeship |
Have not completed Year 12 |
Have completed Year 12 |
|
|
% of Maintenance Trades—Competent Rate |
|
|
|
% |
% |
|
1st year |
50 |
55 |
|
2nd year |
60 |
65 |
|
3rd year |
75 |
75 |
|
4th year |
88 |
88 |
(i) Clause 15.2(d) applies to apprentices required to attend block release training identified in or associated with their training contract.
(iii) Clause 15.2(d)(ii) does not apply where the apprentice could attend a closer Registered Training Organisation (RTO), and use of the more distant RTO is not agreed between the employer and the apprentice.
(e) For the purposes of clause 15.2(d)(ii), excess reasonable travel costs include:
(i) the total costs of reasonable transport (including transporting tools where required);
(ii) accommodation costs incurred while travelling (where necessary); and
(iii) reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work.
(f) Excess reasonable travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(g) Reduction of payment
(i) Payment under clause 15.2(d) may be reduced where an apprentice is eligible to receive travel costs to attend the block release training under a Government apprentice assistance scheme.
(ii) The payment may be reduced by the amount the apprentice is entitled to receive under the scheme.
(iii) A payment reduction will only apply if an apprentice has either received assistance under the scheme or their employer has advised them in writing of the availability of the assistance.
(h) Reimbursements of course fees and materials
An employer must reimburse an apprentice for the following costs paid by the apprentice:
(i) all training fees charged by an RTO for prescribed courses; and
(ii) all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship.
(i) An employer must make the reimbursements in clause 15.2(h) at the later of:
(i) within 6 months of starting the apprenticeship or the relevant stage of the apprenticeship; or
(ii) within 3 months of starting training provided by the RTO.
(j) Reimbursement under clause 15.2(h) is not payable when there is unsatisfactory progress.
(k) An employer may meet its obligations under clauses 15.2(h) and 15.2(i) by paying any fees and/or cost of textbooks directly to the RTO.
(l) Attending training
(i) An apprentice will be released from work to attend any training and assessment specified in, or associated with, the training contract.
(ii) An apprentice’s attendance at training must be without loss of continuity of employment and be paid at the appropriate wages.
(m) Clause 15.2(l)(iii) operates subject to the provisions of Schedule D—School-based Apprentices.
(n) Except in an emergency, an apprentice must not be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
(a) An adult apprentice is a person who is 21 years of age or over when they commence their apprenticeship.
(b) Adult apprentices who commenced a 3 year apprenticeship before 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:
|
Year of apprenticeship |
Percentage of adult rate |
|
% |
|
|
1st year |
80 |
|
2nd year |
90 |
|
3rd year |
95 |
|
Year of apprenticeship |
Percentage of Maintenance Trades – Competent Rate |
|
% |
|
|
1st year |
80 |
|
2nd year |
90 |
|
3rd year |
95 |
(d) Adult apprentices who commence a 4 year apprenticeship on or after 1 January 2014 and are in the first year of their apprenticeship will be entitled to 80% of the Maintenance Trades—Competent Rate, or the rate prescribed by clause 15.2(c) for the relevant year of the apprenticeship, whichever is the greater.
(e) Adult apprentices who commence a 4 year apprenticeship on or after 1 January 2014 and are in the second and subsequent years of their apprenticeship are entitled to the rate for the lowest adult classification in 15.1—Employees other than apprentices, or the rate prescribed by clause 15.2(c) for the relevant year of the apprenticeship, whichever is the greater.
[15.3(f) varied by PR733915 from 27Sep21]
(f) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
15.4 School-based apprentices
For school-based apprentices, see Schedule D—School-based Apprentices.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 The employer will pay the employee’s wages, penalties and allowances at a frequency of not longer than fortnightly by electronic funds transfer into the employee’s bank (or other recognised financial institution) account nominated by the employee.
16.2 An employer may deduct any overpayment of wages and allowances from the amount that is required to be paid to an employee under clause 16.
16.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718863, PR719016, PR729303, PR729488, PR740725, PR740893, PR762154, PR762318, PR773929, PR774100]
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 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
17.2 Except where specifically indicated, the following allowances will apply to employees covered by this award and are payable in addition to an employee’s classification rate of pay, but are not taken into account in the calculation of any other penalty rate prescribed by the award.
17.3 Wage-related allowances
[17.3(a) varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
An employee who has been trained to provide first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid $7.85 per week extra if appointed by their employer to perform first aid duty.
17.4 Expense-related allowances
(a) Tool allowance—tradespersons
[17.4(a)(i) varied by PR719016, PR729488, PR740893, PR762318, PR774100 ppc 01Jul24]
(i) A tradesperson must be paid $17.90 per week extra for supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.
(iii) A tradesperson is to replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.
(b) Licence reimbursement
(i) An employee that is required by an employer to obtain and use a statutory license for work must be reimbursed by the employer for the cost of the license.
(ii) A pro rata rate will apply to casual or part-time employees.
[17.4(c)(i) varied by PR719016, PR729488, PR740893, PR762318, PR774100 ppc 01Jul24]
(i) An employee must be paid a meal allowance of $17.92 on each occasion the employee is entitled to a rest break during overtime work in accordance with clause 19.4, except in the following circumstances:
· if the employee is a day worker and was notified no later than the previous day or previous rostered shift that they would be required to work the overtime;
· if the employee is a shiftworker and was notified no later than the previous day or previous rostered shift that they would be required to work the overtime;
· if the employee lives in the same locality as the enterprise and could reasonably return home for meals; or
· if the employee is provided with an adequate meal by the employer.
(ii) If an employee has provided their own meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.
(d) Protective clothing and equipment allowance
Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory, the employer must reimburse the employee for the cost of purchasing such special clothing and equipment unless the clothing and equipment is paid for by the employer.
[Varied by PR771320]
18.1 Superannuation legislation
[18.1 substituted by PR771320 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771320 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) Maritime Super;
(b) BHP Billiton Super Fund;
(c) Plum Super;
(d) Auscoal Super;
(e) QSuper;
(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
[Corrected by PR720786; varied by PR723884, PR763242]
[19.1 varied by PR723884 ppc 20Nov20]
All time worked in excess of or outside the ordinary hours of any shift on the following days will be paid for at the following rates:
|
Day |
Full-time and part-time employees |
Casual employees |
|
% of minimum hourly rate |
% of casual hourly rate |
|
|
Monday to Saturday—First 3 hours |
150 |
150 |
|
Monday to Saturday—After 3 hours |
200 |
200 |
|
Sunday |
200 |
200 |
|
Public holidays |
250 |
250 |
NOTE: The casual hourly rates include the casual loading prescribed by clause 11.2(b), as defined in clause 2—Definitions.
19.2 Method of calculation
When computing overtime, except for clause 19.6, each day or shift worked will stand alone.
19.3 Overtime—continuous shiftworkers
[19.3(a) varied by PR723884 ppc 20Nov20]
(a) A continuous shiftworker will be paid for all work done in addition to the ordinary hours at the rate of 200% of the minimum hourly rate except on a public holiday when the rate will be 250% of the minimum hourly rate.
[19.3(b) corrected by PR720786 ppc 04Feb20]
(b) The rates in clause 19.3 are maximum rates and are in substitution for and not cumulative upon any other rate in this award (including shiftwork rates in clause 13.4).
19.4 Rest period during overtime
An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked, if the employee is required to continue work after the rest break.
19.5 Rest period after working overtime
(a) Length of the rest period
When overtime work is necessary it will be arranged where possible for employees to have at least 10 consecutive hours off duty between the work of successive days.
(b) Where the employee does not get a 10 hour rest
· the employee will be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty; and
· there will be no loss of pay for rostered hours of work time which occur during this absence.
[19.5(b)(ii) substituted by PR723884 ppc 20Nov20]
(ii) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 19.5(b)(i):
· if the employee is a full-time or part-time employee, they must be paid at 200% of the minimum hourly rate during rostered hours and after that until the employee is released from duty;
· if the employee is a casual employee, they must be paid at 200% of the casual hourly rate during rostered hours and after that until the employee is released from duty;
· the employee will then be entitled to be absent for 10 consecutive hours; and
· there will be no loss of pay for rostered hours of work time which occur during this absence.
NOTE: The casual hourly rate includes the casual loading prescribed by clause 11.2(b), as defined in clause 2—Definitions.
(i) An employee who is recalled to work overtime after leaving the coal export terminal (whether the employee was notified before or after leaving it) will be paid for at least 4 hours’ work at the appropriate rate for each time the employee is recalled.
(ii) The employee will not be required to work the full 4 hours if the job to be performed is completed within a shorter period, except where unforeseen circumstances arise.
(iii) The provisions of clause 19.6(a) do not apply in the following cases:
· where it is customary for an employee to return to the coal export terminal to perform a specific job outside the employee’s ordinary working hours; or
· where the overtime is continuous (subject to a reasonable meal break) with the end or start of ordinary working time.
(b) Call-back less than four hours
Overtime worked in the circumstances specified in clause 19.6(a) will not be regarded as overtime for the purposes of a rest period as set down in clause 19.5 if the actual time worked is less than 4 hours on any recall or on each of any recalls.
19.7 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 19.7(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 19.7 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.7 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 19.7 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.7 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.7(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 19.7 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.7 will apply, including the requirement for separate written agreements under clause 19.7(b) for overtime that has been worked.
[Note varied by PR763242 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.7 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.7.
Part 6—Leave and Public Holidays
[Varied by PR751064]
20.1 Annual leave is provided for in the NES. Clause 20 supplements those entitlements and provides industry specific detail.
20.2 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a continuous shiftworker as defined in clause 2—Definitions.
20.3 Deduction of annual leave
For each period of annual leave taken the ordinary hours of rostered shifts that would have been worked by an employee will be deducted from the employee’s accrued annual leave entitlement.
20.4 Payment for annual leave
An employee taking annual leave must be paid the greater of either:
(a) the employee’s ordinary rate of pay plus a loading of 17.5% of that rate; or
(b) the employee’s rostered earnings for the period of annual leave, which includes all rostered overtime and rostered public holidays (paid at the rate in clause 13.6), but does not include shift penalties, other than for 7 day roster employees.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
20.5 When payment will be made for annual leave
An employee will be paid for a period of annual leave in accordance with the employee’s normal pay periods, unless an employee requests that payment of the entire period of annual leave be made prior to the employee commencing leave.
20.6 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 20, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
20.7 Direction to take annual leave during shutdown
[20.7 renamed and substituted by PR751064 ppc 01May23]
(a) Clause 20.7 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 20.7(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 20.7(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 20.7(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 20.7(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 20.11.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 20.11, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 20.8 to 20.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 20.7.
20.8 Excessive leave accruals: general provision
NOTE: Clauses 20.7 to 20.10 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 20.2).
(c) Clause 20.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.9 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 20.9(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.7, 20.9 or 20.10 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 20.9(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.9(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 20.9(d) may result in the direction ceasing to have effect. See clause 20.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
20.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 20.10(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 20.9(a) that, when any other paid annual leave arrangements (whether made under clause 20.7, 20.9 or 20.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 20.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.7, 20.9 or 20.10 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 20.10(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 20.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 20.10(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(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 20.11 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 20.11 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.11, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
20.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.12.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 20.12 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 20.12 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 20.12 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.12.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.12.
NOTE 3: An example of the type of agreement required by clause 20.12 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.
21. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
22. Parental leave and related entitlements
[22 varied by PR763242 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 28—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750448 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
25.1 Public holidays are provided for in the NES.
25.2 Payment for public holidays for day workers is in accordance with clause 19.1.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774757 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774757 from 01Jul24]
25A.1 Clause 25A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 25A.
25A.2 In clause 25A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
25A.3 Before exercising entitlements under clause 25A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
25A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
25A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 25A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
25A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate’s entitlements under clause 25A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 25A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 25A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 25A.
26. Consultation about major workplace change
26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
26.2 For the purposes of the discussion under clause 26.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).
26.5 In clause 26 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763242]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.
28.8 While procedures are being followed under clause 28 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763242 ppc 01Aug23]
NOTE 1: In addition to clause 28, 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 PR763242 ppc 01Aug23]
NOTE 2: In addition to clause 28, 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.
29.1 Notice of termination by an employee
(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 29.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.
(b) The time off under clause 29.2(a) 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.
30.1 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
30.2 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 30.2(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 30.2(b).
(d) An employee who fails to produce proof when required under clause 30.2(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
Schedule A—Classification Structure
[Varied by PR743423]
A.1 Classification and progression principles
A.1.1 Classification
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.1.2 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.
Progression from the level of Competent and above will be subject to the employee being appointed by the employer.
Employees at a particular level in the classification structure will be expected to perform all duties within the classification and any other functions or duties which they are capable and qualified to perform.
A.2 Classification groups
A.2.1 Services employees
A Services employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: labouring; assisting work crews and tradespersons; operation of plant and equipment (including mobile plant); maintenance work on plant, equipment or buildings; performance of general plant, stores, workshop, warehouse and packaging tasks; preparing and cleaning equipment and materials; and on-site catering, cleaning and security.
A.2.2 Operations employees
An Operations employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to operating and adjusting all plant equipment (and associated control panels) utilised in coal export terminal operations.
A.2.3 Maintenance Trades employees
A Maintenance Trades employee is designated as such by their employer, performs all tasks in relation to a coal export terminal as directed by their employer and is trade qualified.
A.3 Classification structure
A.3.1 Entry Level—Introductory
An employee at this level is undertaking the standard induction training required for the operation or business. Such training covers: conditions of employment; coal export terminal and plant safety; first aid procedures; movement around the site; work and documentation procedures; quality control and quality assurance; and introduction to supervisors and fellow workers. Employees at this level perform routine duties under direct supervision.
This level applies to Services, Operations and Maintenance Trades employees.
A.3.2 Basic
An employee at this level will have completed the standard induction training and have been assessed to be able to competently carry out the basic and semi-skilled work on a range of plant and equipment functions required for this level. The employee exercises discretion within their level of skill and is responsible for the quality of the work subject to routine supervision.
An Operations employee at this level may be required to perform duties which include driving and or operating mobile plant and light vehicles such as motor vehicles, cranes and or machines. An Operations employee at this level may also perform duties relating to receiving, tipping, stacking, crushing, blending, shovelling, carting, sampling and loading of coal onto and or into wagons, rail trucks and or hoppers and or conveyor belts.
This level applies to Services and Operations employees.
A.3.3 Competent
An employee at this level will have been assessed as being competent to apply skills and knowledge in complex but routine situations where discretion and judgment are involved. The skills and knowledge are acquired through the completion of a trade certificate, or through practical experience which has equipped the employee with an equivalent level of skills and knowledge.
An employee at this level can plan tasks, select equipment and appropriate procedures from known alternatives and takes responsibility for the work of others. An employee at this level requires only limited supervision or guidance.
An employee at this level: understands and applies quality control techniques; exercises discretion within the scope of this level; performs work under limited supervision; operates all equipment incidental to the work; and assists in the provision of on-the-job training.
An employee at this level will provide guidance and assistance to others.
An Operations employee at this level will be required to be proficient in performing the duties of an Operations employee at the levels of Entry Level – Introductory and Basic, and may be required to perform duties relating to operating ship loading, reclaiming and stacking machines.
This level applies to Services, Operations and Maintenance Trades employees.
A.3.4 Advanced
An employee at this level will have met the requirements of, and be proficient in performing the duties of an employee at the levels of Entry Level—Introductory, Basic and Competent, and been assessed as being competent to perform tasks which require in-depth skill or knowledge, or the employee is assessed as having the integration of a broad range of skills. The work may be of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.
The level of skills or knowledge required to perform this work will involve the completion of post-trade training appropriate for this level, or through the acquisition of practical skills and knowledge which has equipped the employee with the equivalent level of skills and knowledge.
An employee at this level may be required to supervise other employees and direct the conduct of work by employees at the levels of Entry Level—Introductory, Basic and Competent.
An Operations employee at this level may be required to be competent in coal export terminal operations computer skills and perform duties which include control room operations.
This level applies to Services, Operations and Maintenance Trades employees.
[A.3.5 varied by PR743423 ppc 11Jul22]
A Maintenance Trades employee at this level will have met the requirements of, and be proficient in performing, the duties of a Maintenance Trades employee at the levels of Competent and Advanced, and hold a dual trade qualification or equivalent prescribed post-trade course used in the operation and has acquired additional knowledge enabling the employee to apply dual trade skills or an equivalent level of high precision specialised trade skills in one area.
An employee at this level has high precision trade skills in more than one area; is qualified to work on machinery or equipment with complex mechanical, hydraulic, electrical circuitry or controls; and meets the skills requirements for Tradespersons in accordance with the Manufacturing and Associated Industries and Occupations Award 2020 for this level.
This level applies to Maintenance Trades employees.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718863, PR729303, PR740725, PR762154, PR773929]
NOTE 1: The hourly rates in this Schedule are based on a 35 hour week.
B.1 Full-time and part-time employees
B.1.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
[B.1.1 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
|
|
First 4 ordinary hours |
After 4 ordinary hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
100% |
150% |
200% |
200% |
|
|
$ |
$ |
$ |
$ |
|
Operations and Services |
|
|
|
|
|
Entry Level – Introductory |
26.74 |
40.11 |
53.48 |
53.48 |
|
Basic |
28.10 |
42.15 |
56.20 |
56.20 |
|
Competent |
29.49 |
44.24 |
58.98 |
58.98 |
|
Advanced |
32.32 |
48.48 |
64.64 |
64.64 |
|
Maintenance Trades |
|
|
|
|
|
Entry Level – Introductory |
28.10 |
42.15 |
56.20 |
56.20 |
|
Competent |
29.49 |
44.24 |
58.98 |
58.98 |
|
Advanced |
32.32 |
48.48 |
64.64 |
64.64 |
|
Dual Trade |
35.16 |
52.74 |
70.32 |
70.32 |
B.1.2 Full-time and part-time employees other than shiftworkers—overtime rates
[B.1.2 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
|
|
Saturday |
Sunday |
Public holiday |
|
|
First 3 hours |
After 3 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Operations and Services |
|
|
|
|
|
Entry Level – Introductory |
40.11 |
53.48 |
53.48 |
66.85 |
|
Basic |
42.15 |
56.20 |
56.20 |
70.25 |
|
Competent |
44.24 |
58.98 |
58.98 |
73.73 |
|
Advanced |
48.48 |
64.64 |
64.64 |
80.80 |
|
Maintenance Trades |
|
|
|
|
|
Entry Level – Introductory |
42.15 |
56.20 |
56.20 |
70.25 |
|
Competent |
44.24 |
58.98 |
58.98 |
73.73 |
|
Advanced |
48.48 |
64.64 |
64.64 |
80.80 |
|
Dual Trade |
52.74 |
70.32 |
70.32 |
87.90 |
B.1.3 Full-time and part-time shiftworkers—ordinary rates and penalty rates
[B.1.3 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
|
|
Day |
Afternoon shift |
Night shift |
Permanent night shift1 |
|
|
% of minimum hourly rate |
|||
|
|
100% |
115% |
115% |
125% |
|
|
$ |
$ |
$ |
$ |
|
Operations and Services |
|
|
|
|
|
Entry Level – Introductory |
26.74 |
30.75 |
30.75 |
33.43 |
|
Basic |
28.10 |
32.32 |
32.32 |
35.13 |
|
Competent |
29.49 |
33.91 |
33.91 |
36.86 |
|
Advanced |
32.32 |
37.17 |
37.17 |
40.40 |
|
Maintenance Trades |
|
|
|
|
|
Entry Level – Introductory |
28.10 |
32.32 |
32.32 |
35.13 |
|
Competent |
29.49 |
33.91 |
33.91 |
36.86 |
|
Advanced |
32.32 |
37.17 |
37.17 |
40.40 |
|
Dual Trade |
35.16 |
40.43 |
40.43 |
43.95 |
1 Permanent night shift means an employee who works night shift only, for a longer period of 4 consecutive weeks, or on a roster that does not give at least one third of the employee’s working time off night shift in each roster cycle, see clause 13.4(a)(iii).
B.1.4 Full-time and part-time shiftworkers—overtime
[B.1.4 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
|
|
Other than continuous shiftworkers |
Continuous shiftworkers |
All employees |
||
|
|
Saturday |
Sunday |
Monday - Sunday |
Public holiday |
|
|
|
First 3 hours |
After 3 hours |
|||
|
|
% of minimum hourly rate |
|
|||
|
|
150% |
200% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Operations and Services |
|
|
|
|
|
|
Entry Level – Introductory |
40.11 |
53.48 |
53.48 |
53.48 |
66.85 |
|
Basic |
42.15 |
56.20 |
56.20 |
56.20 |
70.25 |
|
Competent |
44.24 |
58.98 |
58.98 |
58.98 |
73.73 |
|
Advanced |
48.48 |
64.64 |
64.64 |
64.64 |
80.80 |
|
Maintenance Trades |
|
|
|
|
|
|
Entry Level – Introductory |
42.15 |
56.20 |
56.20 |
56.20 |
70.25 |
|
Competent |
44.24 |
58.98 |
58.98 |
58.98 |
73.73 |
|
Advanced |
48.48 |
64.64 |
64.64 |
64.64 |
80.80 |
|
Dual Trade |
52.74 |
70.32 |
70.32 |
70.32 |
87.90 |
1 Permanent night shift means an employee who works night shift only, for a longer period of 4 consecutive weeks, or on a roster that does not give at least one third of the employee’s working time off night shift in each roster cycle, see clause 13.4(a)(iii).
B.2 Casual employees
B.2.1 Casual employees other than shiftworkers—ordinary and penalty rates
[B.2.1 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
|
|
First 4 ordinary hours |
After 4 ordinary hours |
|||
|
|
% of casual hourly rate1 |
|||
|
|
100% |
150% |
200% |
200% |
|
|
$ |
$ |
$ |
$ |
|
Operations and Services |
|
|
|
|
|
Entry Level – Introductory |
33.43 |
50.15 |
66.86 |
66.86 |
|
Basic |
35.13 |
52.70 |
70.26 |
70.26 |
|
Competent |
36.86 |
55.29 |
73.72 |
73.72 |
|
Advanced |
40.40 |
60.60 |
80.80 |
80.80 |
|
Maintenance Trades |
|
|
|
|
|
Entry Level – Introductory |
35.13 |
52.70 |
70.26 |
70.26 |
|
Competent |
36.86 |
55.29 |
73.72 |
73.72 |
|
Advanced |
40.40 |
60.60 |
80.80 |
80.80 |
|
Dual Trade |
43.95 |
65.93 |
87.90 |
87.90 |
1 Casual hourly rate is based on the minimum hourly rate and includes the casual loading which constitutes part of the casual employee’s all-purpose rate.
B.2.2 Casual shiftworkers—ordinary and penalty rates
[B.2.2 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
|
|
Day |
Afternoon shift |
Night shift |
Permanent night shift1 |
|
|
% of casual hourly rate2 |
|||
|
|
100% |
115% |
115% |
125% |
|
|
$ |
$ |
$ |
$ |
|
Operations and Services |
|
|
|
|
|
Entry Level – Introductory |
33.43 |
38.44 |
38.44 |
41.79 |
|
Basic |
35.13 |
40.40 |
40.40 |
43.91 |
|
Competent |
36.86 |
42.39 |
42.39 |
46.08 |
|
Advanced |
40.40 |
46.46 |
46.46 |
50.50 |
|
Maintenance Trades |
|
|
|
|
|
Entry Level – Introductory |
35.13 |
40.40 |
40.40 |
43.91 |
|
Competent |
36.86 |
42.39 |
42.39 |
46.08 |
|
Advanced |
40.40 |
46.46 |
46.46 |
50.50 |
|
Dual Trade |
43.95 |
50.54 |
50.54 |
54.94 |
1 Permanent night shift means an employee who works night shift only, for a longer period of 4 consecutive weeks, or on a roster that does not give at least one third of the employee’s working time off night shift in each roster cycle, see clause 13.4(a)(iii).
2 Casual hourly rate is based on the minimum hourly rate and includes the casual loading which constitutes part of the casual employee’s all-purpose rate.
Schedule C—Summary of Monetary Allowances
[Varied by PR718863, PR719016, PR729303, PR729488, PR740725, PR740893, PR750799, PR762154, PR762318, PR773929, PR774100]
See clause 17—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR718863, PR729303, PR740725, PR762154, PR773929 ppc 01Jul24]
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 weekly wage for an Operations employee Competent level in clause 15.1(a) = $1032.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
First aid allowance |
17.3(a) |
0.76 |
7.85 |
per week |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750799 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.2.1 varied by PR719016, PR729488, PR740893, PR762318, PR774100 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.4:
|
Allowance |
Clause |
$ |
Payable |
|
Tool allowance—tradesperson |
17.4(a)(i) |
17.90 |
per week |
|
Meal allowance—overtime |
17.4(c)(i) |
17.92 |
per occasion |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Tool allowance |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
E.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.
E.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.
E.3 Eligibility criteria
E.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.
E.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.
E.4 Supported wage rates
E.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 E.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.2 Provided that the minimum amount payable must be not less than $106 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.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.
E.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.
E.6 Lodgement of SWS wage assessment agreement
E.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.
E.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.
E.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.
E.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.
E.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.
E.10 Trial period
E.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.
E.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.
[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.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 E.5.
Schedule F—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 G—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___
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[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 H—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___ |
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Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
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