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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777286 and PR778024).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR742720, PR747367, PR750454, PR774768, PR778024]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
Part 3— Ordinary Hours of Work
13A. Employee right to disconnect
Part 5— Overtime, Shiftwork and Penalty Rates
21. Shiftwork and penalty rates
Part 6— Leave and Public Holidays
23. Personal/carer’s leave and compassionate leave
24. Parental leave and related entitlements
26. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
27A. Workplace delegates’ rights
28. Consultation about major workplace change
29. Consultation about changes to rosters or hours of work
31. Dispute resolution procedure training leave
Part 8— Termination of Employment and Redundancy
Schedule A —Classification Definitions
Schedule B —Summary of Hourly Rates of Pay—employees other than tile manufacturing employees
Schedule C —Summary of Monetary Allowances
Schedule D —Supported Wage System
Schedule E —Agreement to Take Annual Leave in Advance
Schedule F —Agreement to Cash Out Annual Leave
Schedule G —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 Concrete Products Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733876, PR774768, PR777286]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings or payment while they are on annual leave (see clause 18.2(b)).
[Definition of casual employee inserted by PR733876 from 27Sep21; varied by PR777286 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
concrete panels means all work performed in the preparation, casting and/or machining of re-constituted granite, terrazzo, marble, mosaic or precast articles.
concrete products industry has the meaning given in clause 4.2.
continuous work means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer.
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 PR774768 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 PR774768 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).
leading hand is an employee who is directed to control, supervise and take responsibility for the work performed by 2 or more employees.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift means any shift finishing after midnight and at or before 8.00 am.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 16—Minimum rates, inclusive of the industry allowance.
rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice.
[Definition of small business employer inserted by PR774768 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard hourly rate means the minimum hourly rate of pay for a Level 1 in clause 16—Minimum rates.
standard weekly rate means the minimum weekly rate of pay for a Level 1 in clause 16—Minimum rates.
[Definition of workplace delegate inserted by PR774768 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia in the concrete products industry and their employees in the classifications listed in Schedule A—Classification Definitions.
4.3 This award covers any employer which supplies labour on an on-hire basis in the concrete products industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for trainees engaged in the concrete products industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.2 are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover:
(a)
an employee 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), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763253 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
[Varied by PR733876]
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
[7.2 varied by PR733876 from 27Sep21]
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.2(b) |
Ordinary hours of work |
The majority of employees |
|
15.2(b) |
Crib breaks |
An individual |
|
15.3(b) |
Paid rest break |
The majority of employees |
|
17.1 |
Payment of wages—frequency of pay |
An individual |
|
22.5 |
Annual leave in advance |
An individual |
|
22.10 |
Cashing out of annual leave |
An individual |
|
27.4 |
Substitution of public holidays by agreement |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of commencing employment, an employer must inform an employee, in writing, of the category of their employment; whether it is full-time, part-time or casual.
A full-time employee is engaged to work an average of 38 ordinary hours per week.
(a) is engaged to work less than 38 ordinary hours per week; and
(b) works a regular number of ordinary hours each week.
(a) the hours to be worked each day;
(b) which days of the week the employee will work; and
(c) the actual starting and finishing times each day.
10.4 The agreement and variation will be retained by the employer and a copy given to the employee.
10.5 A part-time employee employed under clause 10 will be paid at the ordinary hourly rate for their classification in clause 16.1 (for ordinary hours worked).
[Varied by PR723886, PR733876, PR777286]
[11.1 deleted by PR733876 from 27Sep21]
11.1 Casual loading
[11.2 substituted by PR723886 ppc 20Nov20; 11.2 renumbered as 11.1 by PR733876 from 27Sep21]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and other entitlements of full-time or part-time employment.
[New 11.3 inserted by PR723886 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733876 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clauses 20.2 and 21.8.
[11.4 inserted by PR723886 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733876 from 27Sep21]
11.3 A casual employee must be paid for a minimum of 4 hours on each day the employee is engaged.
11.4 Changes to casual employment status
[11.3 renumbered as 11.5 by PR723886; 11.5 renumbered as 11.4 and renamed and substituted by PR733876; renamed and substituted by PR777286 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.
12.1 All employees covered by this award must be classified according to the structure set out in Schedule A—Classification Definitions. Employers must advise their employees in writing of their classification and any changes to their classification.
12.2 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.
(b) Work done outside the spread of hours fixed in accordance with clause 13 for which overtime rates are payable will be deemed to be part of the ordinary hours of work when otherwise the ordinary hours worked would be less than those prescribed.
(a) For day work, an employee’s ordinary hours may be worked:
(i) on any day of the week Monday to Friday inclusive; and
(ii) between the hours of 6.00 am and 6.00 pm.
(c) Hours will be worked continuously, except for meal breaks.
(d) If the employee is a shiftworker, ordinary hours will be worked in accordance with clause 21—Shiftwork and penalty rates.
13.3 Method of arranging ordinary working hours
(a) The ordinary hours of work will not exceed 10 hours on any day. Provided that:
(i) in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any day, the arrangement of hours will be subject to agreement of the employer and the majority of employees in the plant or section or sections concerned; and
(ii) by arrangement between an employer and the majority of employees in the plant or work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
· proper health monitoring procedures being introduced;
· suitable roster arrangements being made;
· proper supervision being provided;
· adequate breaks being provided; and
· an adequate trial or review process being implemented through the consultative process in clause 28—Consultation about major workplace change and clause 29—Consultation about changes to rosters or hours of work.
(b) The method of implementing the 38 hour week will be determined by agreement between the employer and the majority of directly affected employees, from one or more of the following:
(i) by employees working less than 8 ordinary hours each day;
(ii) by employees working less than 8 ordinary hours one or more days each week; and/or
(iii) by all employees having one rostered day off, excluding public holidays, in each 20 day work cycle, 8 hours being worked on each of the other 19 days of those 4 weeks.
(d) Circumstances may arise where different methods of implementing a 38 hour week apply to various groups or sections of employees in the plant or establishment concerned.
13A. Employee right to disconnect
[13A inserted by PR778024 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 20.5.
(a) Where rostered days off are implemented, the rostered day off is to be nominated by the employer:
(i) by fixing one weekday upon which all or any number of employees will be off during a particular 20 day work cycle; or
(ii) by rostering employees off on various weekdays during a particular 20 day work cycle.
(b) Subject to operational requirements, preference will be given to rostered days off being arranged to suit individual requests.
(c) An employee’s rostered day off may be substituted for another day where the employer and:
· the directly affected employee; or
· a majority of directly affected employees in the plant or a section or sections of the plant,
agree to substitute the rostered day off for another day. Where the rostered day off is substituted for another day, the substituted day will be paid at ordinary time rates.
(d) Excluding circumstances beyond the control of the employer, the employer must give at least 7 days’ advance notice of the rostered days off allocated to employees.
(e) Where the hours of work of an establishment, plant or section are organised in accordance with clause 13.3 an employer may require the employee/s to accrue up to a maximum of 5 rostered days off.
(f) Where a rostered day off is accrued, it will be allowed and taken within 12 months of its original due date.
(g) The procedure for resolving special, anomalous or extraordinary problems will be applied in accordance with clause 30—Dispute resolution. The procedure will be applied without delay.
(h) During each entitlement of 4 weeks’ annual leave, the employee is deemed to have accumulated and taken a rostered day off.
(b) The employer may in appropriate circumstances reasonably require an employee to change the time of taking the meal break to ensure continuity of production.
(d) The employer may organise meal breaks to be taken at such times that they will not interfere with the continuity of work.
(a) An employee who is required to work for more than 2 hours beyond their normal ceasing time in any day will be allowed a paid crib break of 20 minutes at ordinary rates. After each further 4 hours worked, an employee will be entitled to a further crib break of 20 minutes without deduction of pay, if the employee continues working after that crib break.
(c) Paid rest breaks will be counted as time worked.
[Varied by PR720159, PR718874, PR729314, PR740736, PR762165, PR773942]
16.1 See Schedule B—Summary of Hourly Rates of Pay—employees other than tile manufacturing employees for a summary of hourly rates of pay for employees (other than tile manufacturing employees) including overtime and penalty rates.
[16.2 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Level 1 |
891.50 |
23.46 |
|
Level 2 |
915.80 |
24.10 |
|
Level 3 |
949.20 |
24.98 |
|
Level 4 |
980.40 |
25.80 |
|
Level 5 |
1032.30 |
27.17 |
16.4 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
[16.5(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum rates and conditions for employees undertaking traineeships.
[16.5(b) varied by PR720159 ppc 18Jun20, PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Concrete Products Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
Wages, including overtime, any penalties and allowances, must be paid weekly or, by agreement between the employer and the employee, fortnightly.
17.2 Method of payment
An employer may pay an employee’s wages by electronic funds transfer (EFT) into a bank or financial institution nominated by the employee or by cash or cheque.
17.3 Time of payment—cash or cheque
If payment is by cash or cheque, wages will be paid during ordinary working hours.
17.4 EFT wages fail to be deposited
When an employee is paid by way of EFT and their wages are not in their nominated account on the designated pay day, the employer, if requested to do so by the employee, must provide their wages in cash by conclusion of the next day’s shift.
17.5 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.5. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718874, PR719027, PR729314, PR729499, PR740904, PR740736, PR762165, PR762331, PR773942, PR774111]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee such allowances as the employee is entitled to under clause 18.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances.
18.2 Wage-related allowances
(a) All-purpose allowances
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) industry allowance—concrete products employees (clause 18.2(b)(i)); and
(ii) industry allowance—tile manufacturing employees (clause 18.2(b)(ii)).
(i) Concrete products employees—other than in the manufacture of tiles
[18.2(b)(i) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
(ii) Tile manufacturing employees
[18.2(b)(ii) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
An industry allowance of $17.83 per week will be paid to employees working in factories whose sole purpose is the manufacture of tiles. This allowance will be in addition to all other payments, and will be paid for all purposes of this award.
(c) Cement or concrete allowance
[18.2(c) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
An allowance of $0.70 per hour is payable to an employee working with cement or concrete articles (in and out of tanks) for all time actually spent in tanks containing water. The allowance will be paid for a minimum of 4 hours.
(d) First aid allowance
[18.2(d) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
Any employee appointed by the employer to perform first aid duty in addition to their ordinary duties will be paid an allowance of $3.57 per day.
(e) Leading hand allowance
A leading hand allowance is payable to an employee who is in charge of other employees. A leading hand will be paid the higher of:
(i) the rate prescribed for the highest class of work supervised; or
[18.2(e)(ii) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
(ii) their own classification rate with the following additional allowance:
|
In charge of |
$ per week |
|
Less than 3 employees |
25.85 |
|
3 to 6 employees |
33.88 |
|
More than 6 employees |
41.01 |
(f) Bituminous sprayer allowance
[18.2(f)(i) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
(i) An employee spraying or using bituminous and other similar preparations on exterior surfaces will be paid an allowance of $0.70 per hour or part of an hour whilst so engaged.
[18.2(f)(ii) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
(ii) An employee engaged on the preparation and/or the application of epoxy based materials will be paid an allowance of $1.10 per hour, or part of an hour whilst so engaged.
[18.2(f)(iii) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
(iii) An employee required to use a sand-blasting machine will be paid an allowance of $1.10 per hour or part of an hour whilst so engaged.
(g) Fork-lift operators allowance
[18.2(g) varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
Where 2 or more fork-lifts or cranes are engaged in any one lift, the drivers of the fork-lifts will be paid an additional amount of $5.75 per week for the time so occupied.
18.3 Expense-related allowances
[18.3(a)(i) varied by PR719027, PR729499, PR740904, PR762331, PR774111 ppc 01Jul24]
(i) A meal allowance of $19.21 is payable to an employee when:
· the employee is required to work more than 2 hours beyond the completion of the employee’s ordinary hours; and
· the employee was not notified on the previous day or earlier that they will be required to work overtime; and
· the employer has not supplied the employee with a meal.
(ii) The allowance is payable for the first and subsequent meals.
(iii) If an employee pursuant to notice has provided their own meal and is not required to work overtime or is required to work less than the amount advised, they will be paid the meal allowance for those meals they have provided themselves.
Where an employee is unable to return to their home the same night and the employer does not provide board and lodging the employer will pay:
[18.3(b)(i) varied by PR719027, PR729499, PR740904, PR762331 ppc 01Jul23]
(i) $116.76 per day for the first 7 days; and
[18.3(b)(ii) varied by PR719027, PR729499, PR740904, PR762331 ppc 01Jul23]
(ii) $816.84 per week for any subsequent week or part thereof.
All reasonable fares for travel to and from an employee’s place of work will be reimbursed for work done away from the employer’s place of business.
(i) By agreement between the employer and majority of employees, all employees will either:
· receive $3.20 per week for the purchase of approved safety boots;
· be issued with up to 3 pairs of safety boots per annum when provided with satisfactory evidence that any boots issued previously are no longer serviceable; or
· have made available to them the above items which will remain the property of the employer.
(ii) A new employee who leaves within a period of 4 weeks of commencement will be charged the cost of boots supplied but this charge will be reduced by 25% for each completed week worked.
(i) By agreement between the employer and the majority of employees, all employees will either:
· Receive $2.60 per week for the purchase of items outlined in 18.3(e)(i);
· have made available to them the above items which will remain the property of the employer.
(ii) A new employee who leaves within a period of 4 weeks of commencement will be charged the cost of clothing supplied but this charge will be reduced by 25% for each completed week worked.
The employer will be responsible for reimbursement of up to a maximum of $746.90 for an employee’s clothing which may be destroyed by fire in a changing house or other shelter provided that such destruction is not in any way caused by the employee’s own act or neglect.
(g) Protective clothing allowance
(i) When an employee is called upon to work in water or rain, the employer will reimburse the employee for the cost of purchasing:
· suitable boots and waders;
· a waterproof overcoat; and
· a sou’wester.
(ii) Reimbursement does not apply where the above items are paid for by the employer, issued in good and clean condition, and replaced on a fair wear and tear basis.
(iii) The loss of protective clothing provided by the employer, due to the neglect or misuse by the employee will be charged against their wages, provided that no charge will be made in respect of reasonable wear and tear.
The employer will supply each employee with all the required tools and gloves for the performance of their duties, or by agreement between the employer and the individual employee, the employer may reimburse the employee for reasonable expenses where a receipt is provided.
An employee transferred by the employer from one job to another job on the same day will be paid for the time spent in travelling as for time worked.
[Varied by PR771332]
19.1 Superannuation legislation
[19.1 substituted by PR771332 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771332 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) CareSuper;
(b) Cbus;
(c) Westscheme
(d) 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
(e) a superannuation fund or scheme which the employee is a defined benefit member of.
19.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or 19.3(b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Overtime, Shiftwork and Penalty Rates
[Varied by PR723886, PR763253]
20.1 Definition of overtime
(a) For a full-time or casual employee other than a shiftworker, overtime is any time worked outside the ordinary starting and finishing times of work on any one day or shift Monday to Friday.
(b) For a part-time employee, all time worked in excess of the employee’s ordinary hours (agreed in accordance with clauses 10.2 or 10.3) will be paid at the appropriate overtime rate.
(c) For an employee who is a shiftworker, overtime is paid in accordance with clause 21.8.
(d) The assignment of overtime by an employer to an employee will be based on specific work requirements and the practice of ‘one in, all in’ overtime will not apply.
20.2 Overtime rates—employees other than shiftworkers
[20.2 substituted by PR723886 ppc 20Nov20]
An employee, other than a shiftworker, who works overtime at the instruction of the employer must be paid the overtime rates as follows:
|
For overtime worked on |
Full-time and part-time employees |
Casual employees |
|
|
% of ordinary hourly rate |
% of ordinary hourly rate |
|
Monday to Saturday—first 2 hours |
150 |
187.5 |
|
Monday to Saturday—after 2 hours |
200 |
250 |
|
Sunday all day |
200 |
250 |
NOTE 1: See Schedule B—Summary of Hourly Rates of Pay—employees other than tile manufacturing employees for a summary of hourly rates of pay including overtime.
NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(a)(ii) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.2.
20.3 Minimum payment for overtime—Saturday and Sunday
(a) An employee working overtime on a Saturday or Sunday will be paid for a minimum of 4 hours’ work.
(b) If, on the instructions of the employer, an employee reports for overtime work on a Saturday or Sunday and is not required to work, the employee will be paid for a minimum of 3 hours’ work at the applicable overtime rate prescribed in clause 20.2.
20.4 Payment for working rostered day off
The rostered day off prescribed in clause 14.1 may be worked where required by the employer, in which case, in addition to the payment of any accrual which has not previously been paid, the employee will be paid the following overtime rates.
|
For overtime worked on |
Overtime rate % of ordinary hourly rate |
|
Rostered day off prescribed in clause 14.1 – first 2 hours |
150 |
|
Rostered day off prescribed in clause 14.1 – after 2 hours |
200 |
An employee recalled to work overtime, Monday to Friday inclusive after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 4 hours’ work at the overtime rate for each time the employee is recalled.
20.6 Rest period after overtime
(a) When overtime work is necessary it will, wherever reasonably practicable, be arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
(b) Where an employee, other than a casual employee, has not had at least 10 hours’ break between finishing overtime and the commencement of ordinary hours on the next day, the employee must be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) Where an employee is directed to resume or continues work without having had the 10 consecutive hours off duty, the employee must be paid at the rate of 200% of the ordinary hourly rate for time subsequently worked until they are released from duty. The employee is then entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
(d) The provisions of clause 20.6 will apply to shiftworkers as if 8 hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shift is worked by arrangement between the employees themselves.
20.7 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 20.7(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.7 is set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.7 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 20.7 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 20.7 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 20.7(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 20.7 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 20.7 will apply, including the requirement for separate written agreements under clause 20.7(b) for overtime that has been worked.
[Note varied by PR763253 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 20.7 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 20.7.
21. Shiftwork and penalty rates
[Varied by PR723886]
21.1 Definitions
In this award:
afternoon shift means any shift finishing after 6.00 pm and at or before midnight
continuous work means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer
night shift means any shift finishing after midnight and at or before 8.00 am
rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice
21.2 Hours—continuous work shifts
Clause 21.2 will apply to shiftworkers on continuous work.
(a) The ordinary hours for shiftworkers on continuous work will be an average 38 per week inclusive of crib breaks and will not exceed 152 hours in 28 consecutive days.
(b) Where the employer and the majority of affected employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.
(c) Subject to the provisions of clause 21.2, shiftworkers will work at such times as the employer may require.
(d) A shift will consist of not more than 10 hours inclusive of crib time; provided that:
(i) in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any shift, the arrangement of hours will be subject to the agreement of the employer and the majority of employees concerned; and
(ii) by agreement between an employer and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
· proper health monitoring procedures being introduced;
· suitable roster arrangements being made;
· proper supervision being provided;
· adequate breaks being provided; and
· an adequate trial or review process being implemented through the consultative process in clause 28—Consultation about major workplace change and clause 29—Consultation about changes to rosters or hours of work.
(e) Except at the regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours.
(f) Twenty minutes will be allowed to shiftworkers each shift for a crib break which will be counted as time worked.
21.3 Hours—other than continuous work
Clause 21.3 will apply to shiftworkers not on continuous work.
(i) 38 hours within a period not exceeding 7 consecutive days;
(ii) 76 hours within a period not exceeding 14 consecutive days;
(iii) 114 hours within a period not exceeding 21 consecutive days; or
(iv) 152 hours within a period not exceeding 28 consecutive days.
(b) An afternoon or night shiftworker will be allowed 20 minutes crib time in each shift which will be counted as time worked and paid for as such.
(c) The rostered hours will be worked continuously except for meal breaks at the discretion of the employer.
(d) An employee will not be required to work for more than 6 hours without a meal break.
(i) the ordinary hours of work prescribed in clause 21.3 will not exceed 10 hours on any day;
(ii) in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any shift, the arrangement of hours will be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned; and
(iii) by agreement between an employer, and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
· proper health monitoring procedures being introduced;
· suitable roster arrangements being made;
· proper supervision being provided;
· adequate breaks being provided; and
· an adequate trial or review process being implemented through the consultative process in clause 28—Consultation about major workplace change and clause 29—Consultation about changes to rosters or hours of work.
(a) The method of working shifts may be varied by agreement between the employer and the majority of employees concerned.
(b) The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees concerned to suit the circumstances of the establishment or in the absence of agreement by 7 days’ notice of alteration given by the employer to the employees.
21.5 Rosters
Shift rosters will specify the commencing and finishing times of ordinary working hours of the respective shifts.
21.6 Afternoon or night shift rates
(a) A shiftworker on afternoon or night shifts will be paid 115% of the ordinary hourly rate for such shift.
(b) A shiftworker who works on an afternoon or night shift which does not continue:
(i) for at least 5 successive afternoons or nights in a 5 day workshop or 6 successive afternoons or nights in a 6 day workshop; or
(ii) for at least the number of ordinary hours prescribed by one of the alternative arrangements in clauses 21.2 or 21.3,
will be paid 150% of the ordinary hourly rate for each such shift for the first 2 hours and 200% for the remaining hours.
(c) An employee who:
(i) during a period of engagement on shift, works night shift only;
(ii) remains on night shift for a longer period than 4 consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least 1/3rd of their working time off night shift in each shift cycle,
will during such engagement period or cycle be paid 125% of the employee’s ordinary hourly rate for all time worked during ordinary working hours on such night shift.
The minimum rate to be paid to a shiftworker for work performed between midnight on Friday and midnight on Saturday will be 150% of the ordinary hourly rate.
[21.8 substituted by PR723886 ppc 20Nov20]
(a) For all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift, shiftworkers will be paid the following rates:
(i) for full-time and part-time shiftworkers employed on continuous work—200% of the ordinary hourly rate; or
(ii) for casual shiftworkers employed on continuous work—250% of the ordinary hourly rate; or
(iii) for full-time and part-time shiftworkers employed on other shiftwork—150% of the ordinary hourly rate for the first 2 hours and 200% thereafter, except in each case when the time is worked:
· by arrangement between the employees themselves; or
· for the purpose of effecting the customary rotation of shifts.
(iv) for casual shiftworkers employed on other shiftwork—187.5% of the ordinary hourly rate for the first 2 hours and 250% thereafter, except in each case when the time is worked:
· by arrangement between the employees themselves; or
· for the purpose of effecting the customary rotation of shifts.
(b) Provided that when not less than 7 hours and 36 minutes notice has been given to the employer by a relief worker that they will be absent from work and the employee who should be relieved is not relieved and is required to continue to work on the rostered day off, the unrelieved employee will be paid at the following rate:
(i) for full-time and part-time employees—200% of the ordinary hourly rate; or
(ii) for casual employees—250% of the ordinary hourly rate.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(a)(ii) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.8.
21.9 Sundays and public holidays
(a) Shiftworkers on continuous work
Shiftworkers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday or public holiday will be paid as follows:
(i) Sundays—at the rate of 200% of the ordinary hourly rate; or
(ii) public holidays as prescribed by clause 27—Public holidays, at the rate of 200% of the ordinary hourly rate.
(b) Shiftworkers on other than continuous work
Shiftworkers on other than continuous work for all time worked on a Sunday or public holiday will be paid as follows:
(i) Sundays—at the rate of 200% of the ordinary hourly rate; or
(ii) public holidays as prescribed by clause 27—Public holidays, at the rate of 200% of the ordinary hourly rate.
(c) Where shifts commence between 11.00 pm and midnight on a Sunday or a public holiday, the time worked before midnight will not entitle the employee to the Sunday or public holiday rate, provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into a Sunday or public holiday will be regarded as time worked on such Sunday or public holiday.
(d) Where shifts fall partly on a public holiday, that shift, the major portion of which falls on a public holiday, will be regarded as the public holiday shift.
21.10 Shift rates and extra rates
Extra rates for Saturdays, Sundays, public holidays and periods of overtime will be in substitution for and not in addition to the shift rates prescribed in clause 21.6.
Part 6—Leave and Public Holidays
[Varied by PR751071]
22.1 Annual leave is provided for in the NES.
For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.
22.3 Payment for annual leave
Before the start of an employee’s annual leave, the employer must pay the employee:
(a) instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their ordinary hours had they not been on leave; and
(b) whichever is greater of:
(i) an additional loading of 17.5% of the employee’s ordinary hourly rate, including leading hand, industry and first aid allowances where appropriate; or
(ii) if the employee were a shiftworker prior to taking leave, their shift penalty.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
22.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.5 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.5 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
22.6 Direction to take annual leave during shutdown
[22.6 renamed and substituted by PR751071 ppc 01May23]
(a) Clause 22.6 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose, amongst others, of allowing annual leave to the affected employees or a majority of affected employees (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.6(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.6(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 22.6(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.6(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.5.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 22.5, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.7 to 22.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 22.6.
22.7 Excessive leave accruals: general provision
NOTE: Clauses 22.7 to 22.9 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 22.2.
(c) Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.8 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 22.8(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.8(d) may result in the direction ceasing to have effect. See clause 22.8(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.9 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.9(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.8(a) that, when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.9(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.9(a).
22.10 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.10.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.10.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.10 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.10 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.10.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.10.
NOTE 3: An example of the type of agreement required by clause 22.10 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763253 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750454 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
27.1 Public holidays are provided for in the NES.
27.2 Where a shiftworker works on a public holiday they will be paid in accordance with clause 21.9.
27.3 Where an employee other than a shiftworker works on a public holiday they will be paid 250% of their ordinary hourly rate.
27.4 Substitution of public holidays by agreement
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[25.7 deleted by PR747367 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774768 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774768 from 01Jul24]
27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 27A.
27A.2 In clause 27A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
27A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 27A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
27A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 27A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 27A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 27A.
27A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 27A, the entitlement under the other clause applies instead of the entitlement under clause 27A.
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763253, PR777286, PR778024]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763253; deleted by PR778024 from 26Aug24]
[Note inserted by PR778024 from 26Aug24; varied by PR777286 from 27Aug24]
NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
31. Dispute resolution procedure training leave
31.1 Subject to clauses 31.7 and 31.9, an eligible employee representative is entitled to, and the employer must grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which is to be read in conjunction with this award.
31.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.
31.3 The notice to the employer must include details of the type, content and duration of the course to be attended.
31.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
31.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.
31.6 Leave of absence granted pursuant to clause 31 counts as service for all purposes of this award.
(a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; and
(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following table:
|
Number of employees employed by the employer in an enterprise or workplace |
Maximum number
of eligible employee representatives |
|
5–15 |
1 |
|
16–30 |
2 |
|
31–50 |
3 |
|
51–90 |
4 |
|
More than 90 |
5 |
31.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
33.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
Schedule A—Classification Definitions
A.1 Level 1
A.1.2 Employees at this level perform routine duties essentially of a manual nature and to the level of their training;
(f) perform general labouring and cleaning duties;
(g) exercise minimal judgment;
(h) work under direct supervision;
(i) may undertake structured training so as to enable them to work at level 2; and
(j) within the limitations of the skill levels as defined employees will be expected to be responsible for the quality of their own work.
A.1.3 Classification descriptors
· Operator of concrete mixing machine with a rated capacity in excess of 0.4 cubic metres (1/2 cubic yard approximately)
· Automatic tile/ridge machine operator
· Maker by hand of tiles, ridges, apexes and starters
· Pipe machine operator
· Employee making pipe specials, i.e. concreting junctions, splays or other articles including the use of cortex and who may be required to work from plans and/or specifications
· Moulder special, employed working from plans and specifications
· Pre-stressed concrete—steel stressing operator
· Automatic block/brick machine operator
· Off-bearer operator
· Operator bending, cutting and/or fixing bars, rods or reinforcement working from plans
· Exposed aggregate maker-finisher (includes control of washing off of wet concrete surfaces)
· Coating machine operator
A.2 Level 2
A.2.1 Employees who have undertaken the employer’s induction programme and who have satisfactorily completed training so as to enable them to perform work at this level.
A.2.2 Employees at this level perform work above and beyond the skills of an employee at level 1 and to the level of their training:
(a) work under direct supervision either individually or in a team environment;
(b) have a basic product knowledge;
(c) understand and utilise basic control procedures;
(d) understand and undertake basic quality control/assurance procedure including the ability to recognise basic quality deviation/faults; and
(e) within the limitations of the skill levels as defined employees will be expected to be responsible for the quality of their own work.
A.2.3 Indicative of the tasks which an employee at this level may perform are the following:
(a) repetition work on a minor machine in a production centre;
(b) use selected hand tools;
(c) maintain simple records;
(d) use hand trolleys and pallet trucks;
(e) assist in the provision of on-the-job training in conjunction with other employees, supervisors/trainers; and
(f) use and operation of pendant cranes subject to an employee possessing the required licence or permit.
A.2.4 Classification descriptors
· Operator of concrete mixing machine with a rated capacity of less than 0.4 cubic metres but more than 0.12 cubic metres (3½ cubic feet approximately)
· Colour mixer/applicator operator
· Reinforcement welding machine operator
· Moulder of other cement or concrete articles
· Repairer and/or jointer
· Renderer facing concrete articles with float and trowel
· Mould assembler and/or stripper
· Concrete vibrator operator
· Splitter or cuber operator
· Hydraulic flag press operator
· Operator bending, cutting and/or fixing bars, rods, or reinforcement—other
· Exposed aggregate maker—other, including setting up of moulds and making of reconstructed aggregate
· Machine operator not elsewhere included
A.3 Level 3
A.3.1 Employees who have undertaken the employer’s induction programme and who have satisfactorily completed training so as to enable them to perform work at this level.
A.3.2 Employees at this level perform work above and beyond the skills of an employee at level 2 and to the level of their training:
(a) are responsible for the quality of their own work subject to routine supervision;
(b) work under supervision either individually or in a team environment; and
(c) exercise discretion within their level of skill and training.
A.3.3 Indicative of the tasks which an employee at this level may perform are the following:
(a) operate flexibly between production centres;
(b) operate and set machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at level 2;
(c) operate and is licensed to operate mobile equipment including fork-lifts, overhead cranes and winch operations;
(d) basic inventory control in the context of a production process;
(e) basic keyboard skills;
(f) receiving, dispatching, distributing, sorting, checking and packing (other than repetitive packing in a standard container in which such goods are ordinarily sold) documenting and recording of goods, materials and components;
(g) boiler attendant;
(h) ability to measure accurately; and
(i) assist in the provision of on-the-job training in conjunction with other employees, supervisors/trainers.
A.3.4 Classification descriptors
· Operator of concrete mixing machine with rated capacity less than 0.12 cubic metres, or mixing by hand
· Pipe tester
· Stacker by hand of articles including bricks, blocks, tiles and pipes
· All other employees not elsewhere classified
A.4 Level 4
A.4.1 Employees who have undertaken the employer’s induction programme and completed a Certificate level qualification and satisfactorily completed training so as to enable them to perform work at this level.
A.4.2 Employees at this level perform work above and beyond the skills of employees at level 3 and to the level of their training:
(a) work from complex instruction and procedures;
(b) assist in the provision of on-the-job training to a limited degree;
(c) co-ordinate work in a team environment or work individually under general supervision; and
(d) are responsible for assuring the quality of their own work.
A.4.3 Indicative of the tasks which an employee at this level may perform are the following:
(a) machine setting, loading and operating;
(b) inventory and store control;
(c) licensed operation of all appropriate handling equipment;
(d) use of tools and equipment within the scope of this grade;
(e) computer operation at a higher level than that of an employee at level 3;
(f) intermediate keyboard skills;
(g) perform basic quality checks on the work of others;
(h) operates and is licensed and certified for fork-lift, engine driving and crane driving operations at a higher level than level 3;
(i) has a knowledge of the employer’s operation as it relates to production processes;
(j) lubrication of production machinery equipment; and
(k) assist in the provision of on-the-job training in conjunction with other supervisors/trainers.
A.4.4 Classification descriptors
(a) Mobile cranes - Lifting capacity
Up to and including 5 tons
Over 5 tons and up to and including 10 tons
Over 10 tons and up to and including 20 tons
Over 20 tons and up to and including 40 tons
Over 40 tons and up to and including 80 tons
Over 80 tons
(b) Fork-lift operators
Lifting capacity up to and including 10 000 lb
Lifting capacity over 10 000 lb
(c) Front-end and/or overhead loaders
Up to and including 1 cubic yard capacity
Over 1 cubic yard and up to and including 3 cubic yards capacity
Over 3 cubic yards capacity and including 6 cubic yards capacity
Over 6 cubic yards capacity
(d) Tractor (pneumatic tyred) using power operated attachments
Up to and including 50 brake horse power
Over 50 and up to and including 100 brake horse power
Over 100 and up to and including 150 brake horse power
Over 150 brake horse power
(e) Tractor (pneumatic tyred) without power operated attachments
50 brake horse power or under towing trailer
Stiff legged derrick crane
Overhead traverser
Operator of dumper and any other power propelled vehicles
Truck drivers 3 to 6 tons carrying capacity
(f) Crane chaser
(g) Boiler attendant
(h) Segmental paving operator
Employee preparing surfaces for and/or placing
(i) Sleeper maker (S.A.)
(j) Central batching plant operator
Operating machine in excess of 0.4 cubic metres rates capacity and supplying 3 or more production centres within a factory
(k) Storeman
A.5 Level 5
A.5.1 Employees who have undertaken the employer’s induction programme and who apply the skills acquired through successful completion of a Trade Certificate level qualification in the production, distribution or stores functions according to the needs of the enterprise.
A.5.2 Employees at this level work above and beyond an employee at level 4 and to the level of their training:
(a) understand and apply quality control techniques;
(b) exercise good interpersonal communication skills;
(c) exercise discretion within the scope of this grade;
(d) exercise keyboard skills at a level higher than level 4;
(e) perform work under general supervision either individually or in a team environment; and
(f) able to inspect products and/or materials for conformity with established operational standards.
A.5.3 Indicative of the tasks which an employee at this level may perform are as follows:
(a) approve and pass first-off samples and maintain quality of product;
(b) work from production drawings, prints or plans;
(c) operate set up and adjust all production machinery in a plant;
(d) can perform a range of engineering maintenance functions;
(e) removing equipment fastenings including use of destructive cutting equipment;
(f) lubrication of production equipment;
(g) running adjustments to production equipment;
(h) operate all lifting equipment;
(i) basic production scheduling and material handling within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians;
(j) understand and apply computer techniques as they relate to production process operations;
(k) possession of a First Class Engine Driver’s Certificate;
(l) high level stores and inventory responsibility beyond the requirements of an employee at level 4;
(m) assist in the provision of on-the-job training in conjunction with trades persons and trainers; and
(n) has a sound knowledge of the employer’s operations as it relates to the production process.
Schedule B—Summary of Hourly Rates of Pay—employees other than tile manufacturing employees
[Varied by PR718874, PR729314, PR740736; PR762165, PR773942]
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate includes the industry allowance for employees other than those in the manufacture of tiles (clause 18.2(a)(i)) which is payable for all purposes.
B.2 Full-time and part-time employees—ordinary and penalty rates
B.2.1 Full-time and part-time employees—other than shiftworkers—ordinary and penalty rates
[B.2.1 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Day |
Public holiday |
|
|
% of ordinary hourly rate1 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Level 1 |
24.16 |
60.40 |
|
Level 2 |
24.80 |
62.00 |
|
Level 3 |
25.68 |
64.20 |
|
Level 4 |
26.50 |
66.25 |
|
Level 5 |
27.87 |
69.68 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.2.2 Full-time and part-time employees—shiftworkers—ordinary and penalty rates
[B.2.2 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Day |
Afternoon & night |
Non-successive afternoon & night1 |
Permanent night |
Saturday |
Sunday & public holiday |
|
|
First 2 hours |
After 2 hours |
||||||
|
|
% of ordinary hourly rate2 |
||||||
|
|
100% |
115% |
150% |
200% |
125% |
150% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
24.16 |
27.78 |
36.24 |
48.32 |
30.20 |
36.24 |
48.32 |
|
Level 2 |
24.80 |
28.52 |
37.20 |
49.60 |
31.00 |
37.20 |
49.60 |
|
Level 3 |
25.68 |
29.53 |
38.52 |
51.36 |
32.10 |
38.52 |
51.36 |
|
Level 4 |
26.50 |
30.48 |
39.75 |
53.00 |
33.13 |
39.75 |
53.00 |
|
Level 5 |
27.87 |
32.05 |
41.81 |
55.74 |
34.84 |
41.81 |
55.74 |
1 Penalty rate for non-successive afternoon and night shift in accordance with clause 21.6(b).
2 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.3 Full-time and part-time employees—overtime rates
B.3.1 Full-time and part-time employees—other than shiftworkers—overtime rates
[B.3.1 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday – all day |
Rostered day off |
||
|
First 2 hours |
After 2 hours |
First 2 hours |
After 2 hours |
||
|
|
% of ordinary hourly rate1 |
||||
|
|
150% |
200% |
200% |
150% |
200% |
|
$ |
$ |
$ |
$ |
$ |
|
|
Level 1 |
36.24 |
48.32 |
48.32 |
36.24 |
48.32 |
|
Level 2 |
37.20 |
49.60 |
49.60 |
37.20 |
49.60 |
|
Level 3 |
38.52 |
51.36 |
51.36 |
38.52 |
51.36 |
|
Level 4 |
39.75 |
53.00 |
53.00 |
39.75 |
53.00 |
|
Level 5 |
41.81 |
55.74 |
55.74 |
41.81 |
55.74 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.3.2 Full-time and part-time employees—shiftworkers on continuous work—overtime rates
[B.3.2 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Monday to Sunday and public holidays |
|
|
% of ordinary hourly rate1 |
|
|
200% |
|
$ |
|
|
Level 1 |
48.32 |
|
Level 2 |
49.60 |
|
Level 3 |
51.36 |
|
Level 4 |
53.00 |
|
Level 5 |
55.74 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.3.3 Full-time and part-time employees—shiftworkers on other than continuous work—overtime rates
[B.3.3 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Monday to Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|
|
|
% of ordinary hourly rate1 |
|||
|
|
150% |
200% |
200% |
|
$ |
$ |
$ |
|
|
Level 1 |
36.24 |
48.32 |
48.32 |
|
Level 2 |
37.20 |
49.60 |
49.60 |
|
Level 3 |
38.52 |
51.36 |
51.36 |
|
Level 4 |
39.75 |
53.00 |
53.00 |
|
Level 5 |
41.81 |
55.74 |
55.74 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.4 Casual employees—ordinary and penalty rates
B.4.1 Casual employees—other than shiftworkers—ordinary and penalty rates
[B.4.1 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Day |
Public holiday |
|
|
% of ordinary hourly rate1 |
|
|
|
125% |
275% |
|
|
$ |
$ |
|
Level 1 |
30.20 |
66.44 |
|
Level 2 |
31.00 |
68.20 |
|
Level 3 |
32.10 |
70.62 |
|
Level 4 |
33.13 |
72.88 |
|
Level 5 |
34.84 |
76.64 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
B.4.2 Casual employees—shiftworkers—ordinary and penalty rates
[B.4.2 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
|
|
Day |
Afternoon & night |
Non-successive afternoon & night1 |
Permanent night |
Saturday |
Sunday & public holiday |
|
|
First 2 hours |
After 2 hours |
||||||
|
|
% of ordinary hourly rate2 |
||||||
|
|
125% |
140% |
175% |
225% |
150% |
175% |
225% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
30.20 |
33.82 |
42.28 |
54.36 |
36.24 |
42.28 |
54.36 |
|
Level 2 |
31.00 |
34.72 |
43.40 |
55.80 |
37.20 |
43.40 |
55.80 |
|
Level 3 |
32.10 |
35.95 |
44.94 |
57.78 |
38.52 |
44.94 |
57.78 |
|
Level 4 |
33.13 |
37.10 |
46.38 |
59.63 |
39.75 |
46.38 |
59.63 |
|
Level 5 |
34.84 |
39.02 |
48.77 |
62.71 |
41.81 |
48.77 |
62.71 |
1 Penalty rate for non-successive afternoon and night shift in accordance with clause 21.6(b).
2 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.
Schedule C—Summary of Monetary Allowances
[Varied by PR718874, PR719027, PR730214, PR729314, PR729499, PR740904, PR740736, PR750812, PR762165, PR762331, PR773942, PR774111]
See clause 18—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR718874, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
C.1.1 The following wage-related allowances in this award are based on the standard weekly rate as defined in clause 2—Definitions as the minimum weekly wage for a Level 1 in clause 16.1 = $891.50.
|
Allowance |
Clause |
% of standard weekly rate |
$ |
Payable |
|
Industry allowance—Other than factories manufacturing tiles1 |
18.2(b)(i) |
3.0 |
26.75 |
per week |
|
Industry allowance—Factories manufacturing tiles1 |
18.2(b)(ii) |
2.0 |
17.83 |
per week |
|
First aid allowance |
18.2(d) |
0.4 |
3.57 |
per day |
|
Leading hand in charge of—Less than 3 employees |
18.2(e)(ii) |
2.9 |
25.85 |
per week |
|
Leading hand in charge of—3 to 6 employees |
18.2(e)(ii) |
3.8 |
33.88 |
per week |
|
Leading hand in charge of—More than 6 employees |
18.2(e)(ii) |
4.6 |
41.01 |
per week |
1 This allowance applies for all purposes.
[C.1.2 varied by PR718874, PR730214, PR729314, PR740736, PR762165, PR773942 ppc 01Jul24]
C.1.2 The following wage-related allowances in this award are based on the standard hourly rate as defined in clause 2—Definitions as 1/38th of the standard weekly rate for a Level 1 in clause 16.1 = $23.46.
|
Allowance |
Clause |
% of standard hourly rate |
$ |
Payable |
|
Cement or concrete allowance |
18.2(c) |
3.0 |
0.70 |
per hour or part thereof |
|
Bituminous sprayer allowance—Exterior surfaces |
18.2(f)(i) |
3.0 |
0.70 |
per hour or part thereof |
|
Bituminous sprayer allowance—Epoxy based materials allowance |
18.2(f)(ii) |
4.7 |
1.10 |
per hour or part thereof |
|
Bituminous sprayer allowance—Sand-blasting allowance |
18.2(f)(iii) |
4.7 |
1.10 |
per hour or part thereof |
|
Fork-lift operators allowance |
18.2(g) |
24.5 |
5.75 |
per week |
C.1.3 Automatic adjustment of wage-related allowances
[C.1.3 renamed and substituted by PR750812 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 PR719027, PR729499, PR740904, PR762331, PR774111 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3.
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
18.3(a)(i) |
19.21 |
per meal |
|
Accommodation allowance—for the first 7 days |
18.3(b)(i) |
116.76 |
per day |
|
Accommodation allowance—for any subsequent week or part thereof |
18.3(b)(ii) |
816.84 |
per week or part thereof |
|
Boot allowance |
18.3(d)(i) |
3.20 |
per week |
|
Clothing allowance |
18.3(e)(i) |
2.60 |
per week |
|
Loss of clothing—up to a maximum amount of |
18.3(f) |
746.90 |
|
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 |
|
Clothing and boot allowance and loss of clothing |
Clothing and footwear group |
|
Travelling expenses and accommodation allowance |
Domestic holiday travel and accommodation subgroup |
Schedule D—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.4.2 Provided that the minimum amount payable must be not less than $106 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule F—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—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___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
[Schedule H—Part-day Public Holidays deleted by PR747367 ppc 14Nov22]
[Sched X—Additional Measures During the COVID-19 Pandemic deleted by PR742720 ppc 17Jun22]
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