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Registered and Licensed Clubs Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777288 and PR778026).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
15A—Employee right to disconnect
34—Dispute resolution
Table of Contents
[Varied by PR746868, PR747369, PR750534, PR774770, PR778026]
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
15A. Employee right to disconnect
16. Rostering arrangements—full-time and part-time employees
Part 5— Overtime and Penalty Rates
23. Recall to duty—club managers
Part 6— Leave and Public Holidays
26. Personal/carer’s leave and compassionate leave
27. Parental leave and related entitlements
29. Professional development leave—club managers
30. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
31A. Workplace delegates’ rights
32. Consultation about major workplace change
33. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Part 9— Industry Specific Provisions
37. Accommodation—club managers
Schedule A —Classification Definitions
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary Allowances
Schedule D —School-based Apprentices
Schedule E —Supported Wage System
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Registered and Licensed Clubs Award 2020.
[Varied by PR730950, PR733860, PR774770, PR777288]
In this award, unless the contrary intention applies:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 19.2(a)).
[Definition of casual employee inserted by PR733860 from 27Sep21; varied by PR777288 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.
club has the meaning given in clause 4.3.
club manager means a person who is appointed to a position which is covered by a managerial classification in clause A.12.2 of Schedule A—Classification Definitions and has duties and responsibilities as referred to in clause A.12.1 of Schedule A—Classification Definitions.
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 PR774770 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 PR774770 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).
golf professional means a qualified and current Full Member (Vocational) of the Professional Golfers Association of Australia referred to in clause A.3 of Schedule A—Classification Definitions.
[Definition golf trainee deleted by PR730950 ppc 22Jun21]
maintenance and horticultural employee means an employee engaged in a classification referred to in clause A.10 of Schedule A—Classification Definitions.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).
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 minimum hourly rate for an employee’s classification specified in clause 18.3 plus any all-purpose allowance to which an employee is entitled.
[Definition PGA Associate deleted by PR730950 ppc 22Jun21]
PGA Associate means an individual formally undertaking the Professional Golfers Association’s Membership Pathway Program, for the purposes of becoming a Full Member of the PGA referred to in clause A.3 of Schedule A—Classification Definitions.
public holiday means a day identified as a public holiday in the NES.
rostered day off means any continuous 24-hour period between the completion of the last ordinary shift and the commencement of the next ordinary shift on which an employee is rostered for duty.
[Definition of small business employer inserted by PR774770 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
spread of hours means the period of time from the time an employee starts duty to the time the employee finishes duty within any period of 24 hours.
standard rate means the minimum hourly rate for the Level 4 classification (Cook (tradesperson) grade 3) in clause 18.3.
[Definition of workplace delegate inserted by PR774770 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers of employees engaged in the performance of all or any work in or in connection with or for clubs and their employees in the classifications within Schedule A—Classification Definitions, to the exclusion of any other modern award.
4.2 Definition of clubs industry
For the purposes of clause 4 club industry means the performance of all or any work in or in connection with or for clubs.
4.4 This award covers the work of:
(a) bar attendants, golf professionals or stewards employed in a club situated on a football ground, cricket ground, golf course or sports ground; and
(b) persons engaged as greenkeepers, ground attendants, gardeners, propagators, lawn mower and motor roller drivers and general labourers in the construction and maintenance of bowling greens and golf courses, golf facilities including but not limited to golf clubs, on-course and off-course golf shops and driving ranges.
4.5 This award does not cover:
(a) persons employed by a student union of a university;
(b) employees of municipal, shire or county councils;
(c) landscape gardeners and master gardeners;
(d) employees employed by a contracted Golf Professional other than the club, where the employer operates a golf pro shop, driving range or other golfing facility, or provides golf coaching or other similar services, which are accessible to the general public;
(e) thoroughbred, harness, trotting and greyhound racing clubs and their employees in relation to operations covered by the Racing Clubs Events Award 2020; or
(f) club honorary secretaries.
4.6 This award does not apply to employees of employers who are covered by the following awards:
(a) Amusement, Events and Recreation Award 2020;
(b) Hospitality Industry (General) Award 2020;
(c) Cleaning Services Award 2020;
(d) Racing Industry Ground Maintenance Award 2020; or
(e) Security Services Industry Award 2020.
4.7 This award covers any employer which supplies labour on an on-hire basis in the clubs 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 4.7 operates subject to the exclusions from coverage in this award.
4.8 This award covers employers which provide group training services for apprentices and/or trainees engaged in the clubs industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.8 operates subject to the exclusions from coverage in this award.
4.9 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 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.10 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 PR763255 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 34—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
15.6(b) |
Ordinary hours of work – span of hours |
The majority of employees |
|
15.8(b) |
Rostered days off – club managers |
An individual |
|
15.8(c) |
Rostered days off – club managers |
An individual |
|
15.8(f) |
Deferral of rostered days off – club managers |
An individual |
|
20.1 |
Payment of wages |
The majority of employees |
|
22.8 |
Time off instead of payment for overtime |
An individual |
|
24.3(b) |
Penalty rates (Public holidays – substitution) |
An individual |
|
25.8 |
Annual leave in advance |
An individual |
|
25.9 |
Cashing out of annual leave |
An individual |
|
31.2, 31.3 |
Substitution of public holidays |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement, an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual. This decision will then be recorded in a letter of appointment.
9.1 A full-time employee is engaged to work:
(a) 38 ordinary hours per week; or
(b) an average of 38 ordinary hours per week over the roster cycle.
10. Part-time employees
[Varied by PR733860]
10.1 An employer may employ part-time employees in any classification defined in Schedule A—Classification Definitions.
10.2 Definition of part-time employee
A part-time employee is an employee who:
(a) is engaged to work at least 8 and fewer than 38 ordinary hours per week (or, if the employer operates a roster, an average of at least 8 and fewer than 38 hours per week over the roster cycle); and
(b) has reasonably predictable hours of work.
10.3 A part-time employee is entitled, on a proportionate basis, to the same pay and conditions as those of full-time employees who do the same kind of work.
10.4 Setting guaranteed hours and availability
At the time of engaging a part-time employee, the employer must agree in writing with the employee on all of the following:
(a) the number of hours of work which is guaranteed to be provided and paid to the employee each week or, where the employer operates a roster, the number of hours of work which is guaranteed to be provided and paid to the employee over the roster cycle (the guaranteed hours); and
(b) the days of the week on which, and hours on those days during which, the employee is available to work the guaranteed hours (the employee’s availability).
10.6 Rostering
The employer may roster a part-time employee to work their guaranteed hours and any additional hours in accordance with clause 16—Rostering arrangements—full-time and part-time employees.
10.7 However, a part-time employee:
(a) must not be rostered to work any hours outside the employee’s availability; and
(b) must not be rostered to work in excess of 12 or fewer than 3 hours in any one day; and
(c) must have 2 days off each week.
10.8 Increasing guaranteed hours to match regular work pattern
If a part-time employee has regularly worked a number of ordinary hours in excess of their guaranteed hours for at least 12 months, then they may request in writing that the employee agree to increase their guaranteed hours.
10.9 If the employer agrees to a request under clause 10.8, then the employer and the part-time employee must vary the agreement made under clause 10.4 to reflect the employee’s new guaranteed hours. The variation must be recorded in writing before it occurs.
10.10 The employer may only refuse a request under clause 10.8 on reasonable business grounds. The employer must notify the part-time employee in writing of a refusal and the grounds for it.
10.11 Change in employee’s circumstances that changes their availability
If there is a genuine and ongoing change in the part-time employee’s personal circumstances, then they may alter the times they are available by giving 14 days’ written notice of the alteration to the employer.
10.12 If the employer cannot reasonably accommodate the alteration to the part-time employee’s availability under clause 10.11, then (regardless of clause 10.5):
(a) the part-time employee’s guaranteed hours agreed under clause 10.4 cease to apply; and
(b) the employer and the part-time employee must agree a new set of guaranteed hours under clause 10.4.
10.13 Payment rates
(a) An employer must pay a part-time employee for ordinary hours worked in accordance with clause 18—Minimum rates.
(i) in excess of 38 hours per week or, if the employee works in accordance with a roster, an average of 38 hours per week over the roster cycle; or
(ii) in excess of the employee’s rostered hours.
[10.14 deleted by PR733860 from 27Sep21]
[10.15 renumbered as 10.14 by PR733860 from 27Sep21]
10.14 A part-time employee who, immediately before 1 January 2018, had a written agreement with their employer on a regular pattern of work, is entitled to continue to be rostered in accordance with that agreement but may enter into a new written agreement in accordance with clause 10.4.
11. Casual employees
[Varied by PR733860, PR777288]
[11.1 deleted by PR733860 from 27Sep21]
[11.2 renumbered as 11.1 by PR733860 from 27Sep21]
Casual employees will be paid the percentage of the ordinary hourly rate prescribed in clauses 24.1 and 24.2 (which includes a 25% casual loading) for the classification in which they are employed.
[11.3 renumbered as 11.2 by PR733860 from 27Sep21]
11.2 Clause 24.4—Late and early work penalty applies to casual employees.
[11.4 renumbered as 11.3 by PR733860 from 27Sep21]
[11.5 renumbered as 11.4 by PR733860 from 27Sep21]
11.4 An employer must pay a casual employee at the overtime rates specified in clause 22.3 for all time worked in excess of:
(a) 12 hours per day or per shift;
(b) 38 hours per week or, if the employee works in accordance with a roster, an average of 38 hours per week over the roster cycle (which may not exceed 4 weeks).
[11.6 renumbered as 11.5 by PR733860 from 27Sep21]
11.5 A casual employee (other than a casual employee engaged solely as a bingo caller, assistant bingo caller or fitness instructor) is entitled to a minimum payment for 2 hours’ work on each occasion that they are required to attend work. A casual employee engaged solely as a bingo caller, or an assistant bingo caller is entitled to a minimum payment for 3 hours’ work. A casual employee engaged as a fitness instructor is entitled to a minimum payment for 1 hour of work.
11.6 Changes to casual employment status
[11.7 renumbered as 11.6 and renamed and substituted by PR733860; renamed and substituted by PR777288 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 34—Dispute resolution.
12.1 Apprentices will be engaged in accordance with relevant apprenticeship legislation and be paid in accordance with clause 18.5.
12.2 An apprentice under the age of 18 years will not, without the employee’s consent, be required to work overtime, shiftwork or late work.
12.3 No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
12.4 Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
12.5 Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 12.5 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
12.6 For the purposes of clause 12.5, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 12.6, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
12.7 The amount payable by an employer under clause 12.5 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
12.9 An employer may meet its obligations under clause 12.8 by paying any fees and/or cost of textbooks directly to the RTO.
12.10 An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
12.11 Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12 operates subject to the provisions of Schedule D—School-based Apprentices.
13.1 Junior employees will be paid in accordance with clause 18.6. Where the law permits, junior employees may be employed in the bar or other places where liquor is sold. Junior employees working as liquor service employees must be paid at the adult rate of pay in clause 18.3 for the classification for the work being performed.
13.2 An employer may at any time require the production of a birth certificate or other satisfactory proof for the purpose of ascertaining the correct age of a junior employee. If a birth certificate is required, the cost of it must be covered by the employer.
13.3 No employee under the age of 18 years will be required to work more than 10 hours in a shift.
14.1 Employees must undertake duties as directed within the limits of their competence and may undertake duties across the different streams contained in the classification definitions in Schedule A—Classification Definitions, subject to clause 14.2.
14.3 A description of the classifications under this award is set out in Schedule A—Classification Definitions.
15.1 The ordinary hours of work of a full-time employee are an average of 38 hours per week.
15.2 Each full-time employee is entitled to 2 full days off per week as normal rostered days off.
15.3 The average of 38 hours per week is to be worked in one of the following ways:
(a) a 19 day month of 8 hours per day; provided that the ordinary daily hours (exclusive of meal breaks) will not exceed 8 per day or shift, worked within a spread of 11 hours per day;
(b) 4 days of 8 hours and one of 6 hours; provided that the ordinary daily hours (exclusive of meal breaks) will not exceed 8 per day, worked within a spread of 11 hours per day, except that the daily maximum will be 6 hours worked within a spread of 8 hours for one day in 5 under this method;
(c) 4 days of 9.5 hours per day worked (exclusive of meal breaks) within a spread of 12 hours;
(d) 5 days of 7 hours 36 minutes per day worked (exclusive of meal breaks) within a spread of 10.5 hours;
(e) 152 hours per each 4 week period with a minimum of 8 normal rostered days off per each 4 week period (subject to clause 15.5); or
(f) any combination of the above.
15.4 The arrangement for working the average of 38 hours per week is to be agreed between the employer and the employee from the alternatives in clause 15.3.
15.5 Where the hours of work arrangement provides for 152 hours per each 4 week period:
(a) no employee is to work more than 10 days in a row without a normal rostered day off;
15.6 Special provisions for maintenance and horticultural employees
(a) For maintenance and horticulture employees the ordinary hours will be worked between the hours of:
(i) 6.00 am and 6.00 pm Monday to Friday; and
(ii) 6.00 am and 12.00 noon on Saturday.
(c) The maximum number of ordinary hours worked on any one day will not exceed 8 hours on Monday to Friday and 4 hours on Saturday.
15.7 Special provisions for accrued rostered days off
(a) Accrued rostered days off may, by agreement, be banked to a maximum of 5 days credit and will be taken at a time or times that are mutually agreeable to the employer and the employee.
(b) Employees will be entitled to a maximum of 12 accrued days off in any one calendar year.
(c) Accrued time will be reduced pro rata for any unpaid non-attendance.
(d) For the purposes of the overtime provisions of the award, the standard day for full-time employees engaged on an accrued day off arrangement will be deemed to be 8 ordinary hours.
(e) A full-time employee who is absent from duty (other than on annual leave, long service leave, paid personal/carer’s leave, compassionate leave, public holidays or other paid leave) will have 8 hours at the ordinary hourly rate of pay deducted from the employee’s wages for each day the employee is absent.
(f) Any accrued time granted to an employee in advance or owing to an employee, at the time of termination of employment, and not offset by time worked, will be deducted from or added to the final payment on termination.
15.8 Special provisions for accrued rostered days off—club managers
(a) An employee will be free from duty for at least 9 days in each 4 weekly period. In each 4 week period the employee will have 2 consecutive days off on at least 2 occasions.
(e) Work performed on a rostered day off
(i) An employee who works on their rostered day(s) off as directed under clause 15.8(d) will be paid at overtime rates for all hours worked.
(ii) Details of all work performed on a rostered day off by an employee will be submitted in writing by the club manager to the club’s Board of Directors (the Board) or to a duly authorised representative of the Board before or at the next meeting of the Board.
(iii) Where details of work are submitted in accordance with clause 15.8(e)(ii), payment for the work will be made on the first pay day after the meeting.
(iv) Where details of work are not submitted in accordance with clause 15.8(e)(ii), no entitlement to payment will arise.
(f) Deferral of rostered days off
· rostered days off may be banked, by written agreement, for a period not exceeding 12 months from the date the rostered days off accrued to the employee;
· rostered days off are to be taken at a time agreed on between the employer and employee;
· the number of rostered days off banked will at no time exceed 10 days.
(ii) The employer and employee may agree in writing that the money value of any rostered days off accrued and banked but not taken by the employee, may be paid to the employee instead of taking the accrued and banked rostered days off. Payment under clause 15.8(f)(ii) will be made at the ordinary hourly rate.
(iii) On termination of employment for any reason, the money value of any rostered days off accrued and banked, but not taken by the employee, will be paid to the employee at the ordinary hourly rate of pay. Any rostered days off accrued over 10 days will be disregarded.
(iv) By agreement with the employer, the employee’s accrued rostered days off may be added to the employee’s annual leave. No annual leave loading will apply to accruals under clause 15.8(f).
15.9 Make-up time
An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
15A. Employee right to disconnect
[15A inserted by PR778026 from 26Aug24]
15A.1 Clause 15A 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.
15A.2 Clause 15A 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.
15A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
15A.5 Clause 15A.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) an emergency roster change under clause 16.3; or
(b) a recall to work under clause 23—Recall to duty—club managers.
16. Rostering arrangements—full-time and part-time employees
16.1 A roster for all full-time and part-time employees showing normal starting and finishing times and the surname and initials of each employee will be prepared by the employer and will be posted in an obvious place or places accessible to the employees concerned.
16.2 The roster may be changed, subject to clause 33—Consultation about changes to rosters or hours of work:
(a) by mutual consent at any time; or
(b) on 7 days’ notice.
17.1 Subject to the provisions of clause 17:
(a) If an employee, including a casual employee, is required to work more than 5 hours in a day the employee must be given an unpaid meal break of at least 30 minutes. The break must be given between 1.5 and 5 hours of the employee starting work.
(b) An employee rostered for a 5 hour shift may elect to take an unpaid 30 minute meal break during the shift and the employer shall not unreasonably refuse.
17.2 If an employee is not given a meal break in accordance with clause 17.1 the employer must pay the employee 150% of the ordinary hourly rate from the end of 5 hours until either the meal break is given or the shift ends.
17.3 If an employee is required to work more than 5 hours after the employee is given the unpaid meal break in clause 17.1, the employee must be given an additional 20 minute paid break.
17.4 Where the club employs fewer than 10 people covered by this award, then the break prescribed by clause 17.2 can be substituted by a paid 20 minute crib break, which can be taken, as trade permits, at any time within that day’s shift, and the penalty rate prescribed by clause 17.2 will not apply.
17.5 If either:
(a) an employee’s hours of work fall entirely between 11.00 pm and 8.00 am; or
(b) an employee is the only employee rostered for duty on a particular day or shift;
the employee will be given a paid break of at least 20 minutes. This paid break may be given instead of the unpaid meal break provided in clause 17.1.
17.6 Paid breaks – maintenance and horticultural employees
(a) A maintenance and horticultural employee is entitled to 2 tea breaks of 10 minutes’ duration each, to be counted as time worked, in the morning and afternoon at a time to be arranged by the employer. Alternatively, the employer and employee may agree to combine the breaks into one break of 20 minutes’ duration.
(b) A maintenance and horticultural employee working overtime will be allowed a crib break of 20 minutes’ duration without loss of pay after each 4 hours of overtime worked if the employee continues work after such a break.
(c) Where a maintenance and horticultural employee is to work a period of overtime of more than 1.5 hours, the employee will be allowed a meal break of 20 minutes’ duration after ordinary hours before starting overtime. The meal break will be paid for at the ordinary hourly rate.
[Varied by PR718876, PR723829, PR726419; corrected by PR726037; varied by PR730950, PR729316, PR731022, PR742740, PR742741, PR740738, PR762167, PR767892, PR773944]
An adult employee within a level specified in the table in clause 18.3 (other than an apprentice or an employee engaged on a supported wage) will be paid not less than the minimum weekly rate for the classification in which the employee is working.
18.2 An employee’s ordinary rate of pay is inclusive of the award rate set out in clause 18 and the additional allowance (where applicable) for first aid set out in clause 19.2(b).
[18.3 varied by PR718876 ppc 01Feb21; corrected by PR726037 ppc 01Feb21; varied by PR730950, PR729316, PR740738, PR762167, PR773944 ppc 01Jul24]
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
Annual rate (where applicable) (full-time employee) |
|
|
|
|
$ |
$ |
$ |
|
Introductory |
|
891.50 |
23.46 |
|
|
Level 1 |
Food and beverage attendant grade 1 |
915.90 |
24.10 |
|
|
Level 2 |
Child care worker grade 1 |
949.20 |
24.98 |
|
|
Level 3 |
Clerical grade 2 |
980.40 |
25.80 |
|
|
Level 4 |
Clerical grade 3 |
1032.30 |
27.17 |
|
|
Level 5 |
Child care worker grade 2 |
1097.10 |
28.87 |
|
|
Level 6 |
Cook (tradesperson) grade 5 |
1126.30 |
29.64 |
|
|
Level 6 |
Club manager of a club with a gross annual revenue of less than $500,000 |
1126.30 |
29.64 |
58,728 |
|
Level 7 |
Level A manager |
1154.70 |
30.39 |
60,209 |
|
Level 8 |
Level B manager |
1203.60 |
31.67 |
62,759 |
|
Level 9 |
Level C manager |
1219.60 |
32.09 |
63,593 |
|
Level 10 |
Level D manager |
1264.50 |
33.28 |
65,935 |
|
Level 11 |
Level E manager |
1310.60 |
34.49 |
68,338 |
|
Level 12 |
Level F manager |
1393.50 |
36.67 |
72,661 |
|
Level 13 |
Level G manager |
1420.80 |
37.39 |
74,085 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
18.4 Non-application of particular provisions of this award to employees within particular classifications receiving specified salaries
(a) Managerial classifications—levels 6–13 inclusive in clause 18.3
(i) Subject to the requirements of the NES, the provisions of clauses:
· 15—Ordinary hours of work (other than clause 15.8—Special provisions for accrued rostered days off—club managers);
· 17.2—Meal breaks;
· 18.11—Higher duties;
· 19.2(c)—Broken periods of work allowance;
· 22—Overtime;
· 23—Recall to duty—club managers; and
· 24—Penalty rates (other than penalty rate provisions relating to public holidays (see clause 24—Penalty rates));
will not apply to a club manager receiving a salary of 20% in excess of the minimum annual rates for the appropriate classification prescribed in Schedule A—Classification Definitions.
(ii) Subject to the requirements of the NES, the provisions of clauses:
· 15—Ordinary hours of work;
· 17.2—Meal breaks;
· 18.11—Higher duties;
· 19.2(c)—Broken periods of work allowance;
· 19.3(b)—Meal allowance—club managers;
· 19.3(d)—Uniforms—club managers;
· 19.3(e)—Vehicle allowance;
· 22—Overtime;
· 23—Recall to duty—club managers;
· 24—Penalty rates; and
· 31.4—Additional arrangements for full-time employees
will not apply to club managers receiving a salary in excess of 50% above the minimum annual rate for the appropriate classification prescribed in Schedule A—Classification Definitions.
(iii) To avoid doubt, where a club manager is not paid in accordance with either clause 18.4(a)(i) or clause 18.4(a)(ii) above, the club manager will be entitled to the benefits of all relevant provisions of this Award.
(b) Maintenance and horticultural levels 1–4
· clause 15—Ordinary hours of work;
· clause 17—Meal breaks;
· clause 19.3(a)—Meal allowance—club employees other than club managers;
· clause 22—Overtime; and
· clause 31—Public holidays
(ii) No employee on a salary arrangement under clause 18.4(b)(i) will be required to work in excess of 38 ordinary hours per week, averaged over a 52 week period.
(iii) An agreement made pursuant to clause 18.4(b)(i) may be terminated by either party after 12 months by giving 28 days’ written notice or a lesser period as is agreed.
(a) Cooking and maintenance and horticultural apprenticeship
(i) A person who has completed a full apprenticeship in cooking or maintenance and horticulture must be paid not less than the standard rate.
(ii) An apprentice in the cooking or maintenance and horticulture trades will be paid the following percentage of the standard rate:
|
Year |
% of standard rate (Level 4) |
|
First |
55 |
|
Second |
65 |
|
Third |
80 |
|
Fourth |
95 |
(b) Waiting apprenticeship
(i) A person who has completed a full apprenticeship as a qualified tradesperson must be paid not less than the standard rate.
(ii) An apprentice in the waiting trade will be paid the standard rate, or the rate as otherwise prescribed, as follows:
|
Stage of apprenticeship |
Rate prescribed |
|
1st 6 months |
70% of the standard rate |
|
2nd 6 months |
85% of the standard rate |
|
3rd 6 months |
Midway between the total rate prescribed for Food and beverage attendant grade 2 (waiter) in clause 18.3 and the standard rate; and |
|
4th 6 months |
Midway between the total rate prescribed for the 3rd 6 months, above, and the standard rate. |
(c) Proficiency pay—cooking apprenticeship
(i) Application
Proficiency pay as set out in clause 18.5(c)(ii) will apply to apprentices who have successfully completed their schooling in a given year.
Apprentices must receive the standard rate during the latter half of the fourth year of the apprenticeship where the standard of proficiency has been attained on one, 2 or 3 occasions on the following basis:
On one occasion only:
· for the first 9 months of the fourth year of apprenticeship—the normal fourth year rate of pay;
· thereafter—the standard rate.
On 2 occasions:
· for the first 6 months of the fourth year of apprenticeship—the normal fourth year rate of pay;
· thereafter—the standard rate.
On all 3 occasions:
· for the entire fourth year—the standard rate.
(d) Proficiency payments—waiting apprenticeship
(i) Application
Proficiency pay as set out in clause 18.5(d)(ii) will apply to level 2 apprentices who have successfully completed their schooling in the first year.
Apprentices who have attained the standard of proficiency in their first year must receive the standard rate during the latter half of the second year of apprenticeship.
(i) The minimum rate of an adult apprentice who commenced their apprenticeship on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the standard rate, or the appropriate rate prescribed by clause 18.5 for the relevant year of the apprenticeship, whichever is the greater.
(ii) The minimum rate of an adult apprentice who commenced their apprenticeship on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 18.3—Adult employee rates or the appropriate rate prescribed by clause 18.5 for the relevant year of the apprenticeship, whichever is the greater.
(iii) A person employed by an employer under this award immediately before entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 18.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
18.6 Junior employee rates
[18.6(a) varied by PR767892 ppc 31Dec23]
(a) The minimum rate for junior employees will be the following percentages of the rate prescribed for the adult classification appropriate to the work performed for the area in which the employee is working:
|
% of appropriate adult rate |
|
|
Under 18 years of age |
60 |
|
18 years of age |
70 |
|
19 years of age |
85 |
|
20 years of age |
100 |
18.7 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[18.8(b) varied by PR718876; corrected by PR726037; varied by PR729316, PR740738, PR762167, PR773944 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 Registered and Licensed Clubs Award 2020 and not the Miscellaneous Award 2020.
[Note inserted by PR723829 01Nov20; deleted by PR726419; inserted by PR730832 ppc 01Jul21; deleted by PR731022; inserted by PR742740; deleted by PR742741 ppc 01Oct22]
For school-based apprentices see Schedule D—School-based Apprentices.
18.10 Management trainees
(a) Upon engagement Management trainees are to be enrolled into the nationally accredited qualification: SIT 50307 Diploma of Hospitality Management with an appropriate Registered Training Organisation.
(b) The minimum rates payable for Management trainees will be the following percentages of the Level 8—Level B manager’s rate:
|
Year of service |
Percentage of Level 8—Level B manager rate % |
|
First year |
90 |
|
Second year |
95 |
|
Third year |
97.5 |
|
Fourth year |
100 |
(c) Progression to the next year of service salary scale will be dependent upon the trainee having acquired training levels within the nationally accredited qualification: SIT 50307 Diploma of Hospitality Management for the preceding year.
(a) An employee employed for 2 or more hours of one day on duties carrying a higher rate than the employee’s ordinary classification will be paid the higher rate for that day. If the employee is employed for less than 2 hours on such duties, the employee is entitled to be paid the higher rate for the time worked at the higher classification.
(b) A higher paid employee will, when necessary, temporarily relieve a lower paid employee without loss of pay.
[Varied by PR718876, PR719029; corrected by PR726037; varied by PR729316, PR729501, PR740738, PR740906, PR762167, PR762333, PR773944, PR774113]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
19.1 Employers must pay to an employee the allowances the employee is entitled to under clause 19.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
19.2 Wage-related allowances
(i) First aid allowance (clause 19.2(b)).
[19.2(b) varied by PR718876; corrected by PR726037; varied by PR729316, PR740738, PR762167, PR773944 ppc 01Jul24]
An employee who has undertaken a first aid course and who is the holder of a current recognised first aid qualification such as a certificate from the St John Ambulance or similar body and who is appointed by the employer as a first aid attendant must be paid an allowance of $12.39 per week. This amount will be paid for all purposes.
(c) Broken periods of work allowance
[19.2(c) varied by PR718876; corrected by PR726037; varied by PR729316, PR740738, PR762167, PR773944 ppc 01Jul24]
An employee (other than a casual employee) who is required to work any of their ordinary hours on any day in more than one period of employment, other than for meal breaks in accordance with the provisions of clause 17—Meal breaks, will be paid an allowance of $4.13 per day, for the broken work period worked.
19.3 Expense-related allowances
(a) Meal allowance—club employees other than club managers
[19.3(a)(i) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
[19.3(a)(ii) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
(ii) If an employee, having been given notice of a requirement to work overtime, has provided a meal for themselves and is not required to work overtime or is required to work less than the amount advised, the employee must be paid an allowance of $16.31 for the extra meal which they have provided.
(b) Meal allowance—club managers
[19.3(b)(i) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
(i) Where a club provides meals for members, a manager employed by the club will, while on duty, be entitled to a free meal, to the maximum value of $16.31, whenever the club is providing meals.
[19.3(b)(ii) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
[19.3(b)(iii) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
(iii) Despite the provisions of clause 19.3(b), an employer and an employee may agree in writing that an allowance of $16.31 per meal will be paid instead of the provision of a free meal to the employee.
[19.3(b)(iv) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
(iv) Where a club does not provide a meal for members, the employee will be entitled to an allowance of $16.31 per meal.
(c) Clothing, equipment and tools
[19.3(c)(i) varied by PR719029, PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
(ii) Where the employer requires an employee to wear any special clothing such as coats, dresses, caps, aprons, cuffs, safety footwear and any other articles of clothing, the employer must reimburse the employee the cost. The provisions of clause 19.3(c)(ii) do not apply where the special clothing is supplied by the employer.
(iii) Where the employee is responsible for laundering the special clothing the employer must reimburse the employee for the demonstrated costs of laundering it.
(iv) The employer and the employee may agree on an arrangement under which the employee will wash and iron the special clothing for an agreed sum of money to be paid by the employer to the employee each week.
(v) For the purposes of clause 19.3(c) black and white attire (not being dinner suit or evening dress), shoes, hosiery and/or socks are not special clothing.
(vi) Where it is necessary that an employee wear waterproof or other protective clothing such as waterproof boots, aprons, or gloves, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of clause 19.3(c)(vi) do not apply where the protective clothing is supplied by the employer.
(viii) In the case of genuine wear and tear, damage, loss or theft that is not the employee’s fault the provisions of clause 19.3(c)(vii) will not apply.
(ix) Where the employer requires an employee to provide and use any towels, tools, ropes, brushes, knives, choppers, implements, utensils and materials, the employer must reimburse the employee for the cost of purchasing such equipment. The provisions of clause 19.3(c)(ix) do not apply where these items are supplied by the employer.
(i) Where the employer requires a manager to wear a uniform while on duty, the employer must reimburse the manager for the cost of purchasing the uniform. The provisions of clause 19.3(d)(i) do not apply where the uniform is supplied by the employer.
(ii) Where the employer requires a manager to wear a uniform, the employer must pay to the employee an allowance of $10.00 per week to cover the costs of laundering the uniform. The provisions of clause 19.3(d)(ii) do not apply where the employer arranges for the uniform to be laundered without cost to the manager.
(iv) In the case of genuine wear and tear, damage, loss or theft that is not the employee’s fault, the provisions of clause 19.3(d)(iii) will not apply.
[19.3(e) varied by PR729501, PR740906, PR762333, PR774113 ppc 01Jul24]
An employee who is required by their employer to use their own vehicle in or in connection with the official business of the employer must be paid an allowance of $0.99 each kilometre of authorised travel. An employer may require an employee to record full details of all such official travel requirements in a logbook as a pre-condition for the employee qualifying for the allowance.
When an employer requires an employee to work until it is unreasonable to travel by their normal method of transport home, the employer must pay the cost of transport for the employee to get home. Clause 19.3(f) does not apply where the employer provides accommodation for the employee for the night free of charge or provides transport for the employee to get home.
When an employer requires an employee to start work before their normal starting time and before their normal method of transport to work is available, the employer must pay the cost of transport for the employee to get to work. Clause 19.3(g) does not apply where the employer provides transport for the employee to get to work.
(h) Working away from usual place of work
(i) Clause 19.3(h) applies where an employer requires an employee other than a casual employee to work at a place more than 80 kilometres from the employee’s usual place of work.
(ii) The employer must pay the employee an amount equal to the cost of fares reasonably spent by the employee in travelling from the employee’s usual place of work to the new place of work.
(iii) The employer may recover any amount paid to an employee under clause 19.3(h) if the employee leaves their employment or is dismissed for misconduct within 3 months of receiving the payment.
(i) Expenses—club managers
(i) An employee will be reimbursed for all monies they reasonably spend for and on behalf of the employer, subject to Board policy or approval.
(ii) The Board of Directors or a duly appointed representative of the Board may predetermine the parameters for the usage of credit cards issued to the employee and advise the club card holder of those parameters accordingly.
(j) Maintenance and horticultural employees training allowance
(ii) Fees for the course under clause 19.3(j)(i) will be reimbursed by the employer to the employee at the successful completion of each year.
20.2 By agreement between the employer and the employee wages may be paid either weekly or fortnightly by one of the following means:
(a) cash;
(b) cheque; or
(c) payment into employee’s bank account by electronic funds transfer, without cost to the employee.
20.3 An employer may pay an employee weekly by cash without consultation.
20.5 Employees whose rostered day off falls on pay day will be paid their wages, if they so desire, before going off duty on the working day prior to their day off. However, this provision will not apply to employees paid by electronic funds transfer.
20.6 Payment on termination of employment
(a) Subject to clause 20.6(b), the employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) Where a casual employee is paid at the end of each engagement pursuant to clause 11.3 of this award, and that employee’s employment is terminated, the employer must pay the employee their wages due under the award at the end of their last engagement.
(c) The requirement to pay wages and other amounts under clause 20.6(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 20.6(c) allows the Commission to make an order delaying the requirement to make a payment under clause 20.6. 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 PR771334]
21.1 Superannuation legislation
[21.1 substituted by PR771334 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 21 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.
21.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.
(c) The employer must pay the amount authorised under clauses 21.3(a) or 21.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or 21.3(b) was made.
21.4 Superannuation fund
[21.4 varied by PR771334 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(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) Club Plus Superannuation Pty Limited;
(b) Club Super;
(c) HOSTPLUS;
(d) Sunsuper;
(e) Tasplan;
(f) AustralianSuper;
(g) 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
(h) a superannuation fund or scheme which the employee is a defined benefit member of.
21.5 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 21.2 and pay the amount authorised under clauses 21.3(a) or 21.3(b):
(a) Paid leave—while the employee is on any paid leave;
(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 and Penalty Rates
[Varied by PR747369, PR763255]
22.1 An employer may require an employee to work reasonable overtime at overtime rates.
22.2 All time worked by a full-time employee in excess of the hours or outside the spread of hours or outside the rostered hours prescribed in this award will be overtime and will be paid for at the overtime rates specified in clause 22.3:
NOTE: Clause 10.13(b) specifies when an employer must pay overtime rates to part-time employees and clause 11.4 specifies when an employer must pay overtime rates to casual employees.
(a) Monday to Friday: 150% of the ordinary hourly rate of pay for the first 2 hours and 200% after 2 hours;
(b) between midnight Friday and midnight Saturday: 175% of the ordinary hourly rate of pay for the first 2 hours and 200% after 2 hours;
(c) between midnight Saturday and midnight Sunday: 200% of the ordinary hourly rate of pay for all time worked;
[22.3(d) varied by PR747369 ppc14Nov22]
(d) public holiday: 250% of the ordinary hourly rate of pay for all time worked, with a minimum payment of 4 hours. Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period;
(e) rostered day off: 200% of the ordinary hourly rate of pay for all time worked, with a minimum payment of 4 hours.
22.6 An apprentice under the age of 18 years will not, without the employee’s consent, be required to work overtime, shiftwork or late work.
22.7 An employer must supply an employee with a meal, or pay an employee the allowance prescribed in clause 19.3(a)(i), if the employee is required to work overtime for more than 2 hours without being notified of that requirement on or before the previous day.
22.8 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE: By making an agreement under clause 22.8 an employee who worked 2 overtime hours at the rate of 150% is entitled to 3 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.
(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.8 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.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.8(c), 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.
(f) 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.
(g) 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 22.8 will apply for overtime that has been worked.
[Note varied by PR763255 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).
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.8 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 22.8.
23. Recall to duty—club managers
23.1 An employee recalled to work any overtime in one or more periods after having left the club premises will be paid for a minimum of one hour’s work at overtime rates when the overtime is worked after the end of the ordinary hours of one shift and before the start of ordinary hours of the next shift. Clause 23.1 applies whether the employee was notified before or after having left the premises.
23.2 Under clause 23.1:
(a) Overtime is not required to be paid when the recall to work is because of the failure of the employee to perform a duty or function during the employee’s ordinary working hours.
(b) The employee will not be paid for the time spent travelling to and from the club on a recall.
[Varied by PR718876; corrected by PR726037; varied by PR729316, PR740738, PR747369, PR762167, PR773944]
|
|
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
% of ordinary hourly rate |
||||
|
Full-time and part-time employees |
100 |
150 |
175 |
250 |
|
Casual employees (inclusive of the 25% casual loading) |
125 |
150 |
175 |
250 |
24.2 A maintenance and horticultural employee performing work on the following days will be paid the following percentage of the ordinary hourly rate for the relevant classification:
|
|
Monday to Friday and Saturday before 12 noon |
Saturday after 12 noon |
Sunday |
Public holiday |
|
|
% of ordinary hourly rate |
|||
|
Full-time and part-time employees |
100% |
150% for the first 2 hours then 200% |
200% |
250% |
|
Casual employees (inclusive of the 25% casual loading) |
125% |
150% for the first 2 hours then 200% |
200% |
250% |
[24.3(a) varied by PR747369 ppc14Nov22]
(a) An employee other than a casual employee working on a public holiday will be paid for a minimum of 4 hours’ work. Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period.
(i) equivalent paid time is added to the employee’s annual leave; or
[24.3(b)(ii) varied by PR747369 ppc14Nov22]
(ii) an alternative day or part-day off instead of the public holiday may be taken during the week in which the holiday falls, or will be allowed to the employee within 28 days of the holiday falling due.
(c) An employee other than a casual working on Christmas Day when it falls on a weekend, and is not prescribed as a public holiday under the NES, will be paid 150% of the ordinary hourly rate for the hours worked on that day and will also be entitled to the benefit of a substitute day.
24.4 Late and early work penalty
[24.4(a)(i) varied by PR718876; corrected by PR726037; varied by PR729316, PR740738, PR762167, PR773944 ppc 01Jul24]
(i) Monday to Friday, 7.00 pm to midnight: $2.72 per hour for such time worked; and
[24.4(a)(ii) varied by PR718876; corrected by PR726037; varied by PR729316, PR740738, PR762167, PR773944 ppc 01Jul24]
(ii) Monday to Friday, midnight to 7.00 am: $4.08 per hour for such time worked.
(b) The amount payable will be paid on a pro-rata basis for a part hour.
NOTE: See Schedule B.7 for method of adjusting the rates in clause 24.4
24.5 Penalty rates not cumulative
Except as provided in clause 17—Meal breaks, where time worked is required to be paid for at more than the ordinary hourly rate, the penalty which is to the employee’s greatest advantage will apply to the exclusion of other penalties.
Part 6—Leave and Public Holidays
[Varied by PR751073]
(a) Annual leave is provided for in the NES. It does not apply to casual employees.
(b) For the purpose of the additional week of leave provided by the NES, a shiftworker means a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays, and includes a club manager.
25.2 The NES prescribes the basis for payment for annual leave, including payment for untaken leave upon the termination of employment.
25.3 In addition to the payment provided for in the NES, an employer is required to pay an additional leave loading of 17.5% of that payment.
25.4 Direction to take annual leave during shutdown
[25.4 renamed and substituted by PR751073 ppc 01May23]
(a) Clause 25.4 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 25.4(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 25.4(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 25.4(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 25.4(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 25.8.
(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 25.8, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 25.5 to 25.7 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 25.4.
25.5 Excessive leave accruals: general provision
NOTE: Clauses 25.5 to 25.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 25.1).
(c) Clause 25.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 25.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
25.6 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 25.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 25.6(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.5, 25.6 or 25.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 25.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 25.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 25.6(d) may result in the direction ceasing to have effect. See clause 25.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
25.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 25.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 25.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 25.6(a) that, when any other paid annual leave arrangements (whether made under clause 25.5, 25.6 or 25.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 25.7(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.5, 25.6 or 25.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 25.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 25.1) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 25.7(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 25.8 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 25.8 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 25.8, 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.
25.9 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.9.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.9.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 25.9 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 25.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 25.9 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 25.9.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.9.
NOTE 3: An example of the type of agreement required by clause 25.9 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
26. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
27. Parental leave and related entitlements
[27 varied by PR763255 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 34—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
29. Professional development leave—club managers
29.1 Clause 29 applies only to club managers.
29.2 In order to facilitate progression through the classification structure, a club manager is entitled to 5 days’ paid professional development leave in each calendar year, subject to the provisions of clause 29.
29.3 Professional development leave is only available for the purpose of undertaking continuing education and industry activity programs.
29.4 The entitlement to paid professional development leave is dependent on:
(a) the employee providing the club with at least 28 days’ notice, or a lesser period as mutually agreed, of the dates on which the employee seeks to take professional development leave;
(b) the granting of leave not unduly affecting the operation of the club; and
(c) the employee agreeing to provide, if requested by the club, a report outlining the potential benefits of the training undertaken to the operation of the club.
29.5 The club will reimburse an employee for any costs associated with undertaking continuing education programs and industry activities.
30. Family and domestic violence leave
[30—Unpaid family and domestic violence leave renamed and substituted by PR750534 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747369]
31.1 Public holiday entitlements are provided for in the NES.
31.2 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
31.3 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.
31.4 Additional arrangements for full-time employees
(a) A full-time employee whose rostered day off falls on a public holiday must, subject to clause 24.3:
(i) be paid an extra day’s pay;
(ii) be provided with an alternative day off within 28 days; or
(iii) receive an additional day’s annual leave.
(b) Clause 31.4(a) does not apply in relation to Easter Saturday, if employees have their ordinary hours rostered only on Monday to Friday.
[31.4(c) varied by PR747369 ppc14Nov22]
(c) A full-time employee who works on a public holiday which is subject to substitution as provided for by the NES will be entitled to the benefit of the substitute day or part-day.
[31.4(d) inserted by PR747369 ppc14Nov22]
(d) If a public holiday is a part-day public holiday, then clause 31.4 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
31.5 An employee who works on a public holiday will be paid in accordance with clause 24—Penalty rates.
[31.6 deleted by PR747369 ppc14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774770 from 01Jul24]
31A. Workplace delegates’ rights
[31A inserted by PR774770 from 01Jul24]
31A.1 Clause 31A 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 31A.
31A.2 In clause 31A:
(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.
31A.3 Before exercising entitlements under clause 31A, 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.
31A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
31A.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.
31A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 31A.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.
31A.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 31A.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.
31A.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.
31A.9 Exercise of entitlements under clause 31A
(a) A workplace delegate’s entitlements under clause 31A 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 31A 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 31A 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 31A.
32. Consultation about major workplace change
32.1 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.
32.2 For the purposes of the discussion under clause 32.1(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.
32.3 Clause 32.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
32.4 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 32.1(b).
32.5 In clause 32 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.
32.6 Where this award makes provision for alteration of any of the matters defined at clause 32.5, such alteration is taken not to have significant effect.
33. Consultation about changes to rosters or hours of work
33.1 Clause 33 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.
33.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 33.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
33.4 The employer must consider any views given under clause 33.3(b).
33.5 Clause 33 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 PR763255, PR777288, PR778026]
34.1 Clause 34 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
34.3 If the dispute is not resolved through discussion as mentioned in clause 34.2, 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.
34.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 34.2 and 34.3, a party to the dispute may refer it to the Fair Work Commission.
34.5 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.
34.6 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.
34.7 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 34.
34.8 While procedures are being followed under clause 34 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.
34.9 Clause 34.8 is subject to any applicable work health and safety legislation
[Note 1 and Note 2 inserted by PR763255; deleted by PR778026 from 26Aug24]
[Note inserted by PR778026 from 26Aug24; varied by PR777288 from 27Aug24]
NOTE: In addition to clause 34, the Act contains dispute resolution procedures as follows
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
35.1 Notice of termination by an employee
(a) Clause 35.1 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 35.1(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 35.1(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 35.1(b), then no deduction can be made under clause 35.1(d).
(f) Any deduction made under clause 35.1(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 35.2 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.
36.1 Transfer to lower paid duties on redundancy
(a) Clause 36.1 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 36.1(c).
(c) If the employer acts as mentioned in clause 36.1(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 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 and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
36.2 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 36 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.
36.3 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 36.3(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 36.3(b).
(d) An employee who fails to produce proof when required under clause 36.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 35.2.
Part 9—Industry Specific Provisions
37. Accommodation—club managers
37.1 Where a club provides accommodation for a club manager, a club manager and spouse or de facto partner, or a club manager, spouse or de facto partner and dependent children, the club will be entitled to deduct an amount agreed in writing between the club and the employee, from the employee’s wages for rental of such accommodation.
37.2 A written agreement entered into by a club and its employee under clause 37 must contain a provision specifying the method by which the agreed deduction for accommodation may be varied and the dates upon which the review is to take place.
Schedule A—Classification Definitions
[Varied by PR730950]
A.1 General definitions
A.1.1 Introductory level means the level of an employee who enters the industry and who has not demonstrated the competency requirements of Level 1. Such an employee will remain at this level for up to 3 months while the appropriate training for Level 1 is undertaken and assessment made to move from the introductory level to Level 1. At the end of 3 months from entry, an employee will move to Level 1 other than where agreement has been reached and recorded between the employee and the employer that further training of up to 3 months is required for the employee to achieve competence for movement to Level 1.
A.1.2 Management trainee means an employee appointed as such by the club’s Board of Directors or Committee of Management or by a person, including the club manager, authorised to make such appointment and engaged in management training.
A.1.3 Appropriate level of training when used in this Schedule means that an employee:
(a) has completed an appropriate training program that meets the training and assessment requirements of a qualification or one or more designated units of competency from a Training Package; and/or
(b) has been assessed by a qualified skills assessor to have skills at least equivalent to those attained in an appropriate training course; and/or
(c) at 31 December 2009, has been doing the work of a particular classification for a period of at least 3 months.
NOTE: The minimum classification level for an employee who has completed A