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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777291 and PR778029)
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
28—Dispute resolution
Table of Contents
[Varied by PR747371, PR750474, PR774773, PR778029]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
13. Ordinary hours of work and rostering
13A. Employee right to disconnect
Part 5— Overtime and Penalty Rates
19. Overtime and penalty rates
Part 6— Leave and Public Holidays
21. Personal/carer’s leave and compassionate leave
22. Parental leave and related entitlements
24. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
25A. Workplace delegates’ rights
26. Consultation about major workplace change
27. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Classification 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
Schedule F —Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Gas Industry Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733879, PR774773, PR777291]
In this award, unless the contrary intention appears:
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.
afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
availability duty means that the employee is continuously available outside normal working hours to attend an urgent or emergency situation and when paged or upon receiving a telephone call must respond immediately.
[Definition of casual employee inserted by PR733879 from 27Sep21; varied by PR777291 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.
continuous shiftworker means a shiftworker who performs continuous work.
continuous work means work carried on with consecutive shifts of people throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
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 PR774773 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 PR774773 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).
gas industry has the meaning given in clause 4.2.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift means any specified or rostered shift finishing after midnight and at or before 8.00 am.
non-continuous shiftworker means a shiftworker other than a shiftworker who performs continuous work.
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.
[Definition of regular casual employee inserted by PR733879 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice.
[Definition of small business employer inserted by PR774773 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly wage for a Level 4 employee referred to in clause 15.1.
[Definition of workplace delegate inserted by PR774773 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia in the gas industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award.
4.3 This award does not cover:
(a) the retail, marketing and supply of gas where that activity is incidental or supplementary to the core business of an employer covered by the Electrical Power Industry Award 2020;
(b) the industry of the manufacture, making, processing, treatment, preparation, extraction, separation and associated storage, transport, distribution, sales and marketing of industrial, medical and special gases;
(c) the industry of the manufacture, processing, transportation, storage, distribution, marketing and sale of liquefied petroleum (LP) gas;
(d) employers and employees covered by the Hydrocarbons Industry (Upstream) Award 2020;
(e) employers and employees covered by the Road Transport and Distribution Award 2020; or
(f) employees wholly or mainly engaged in professional or managerial positions.
4.4 This award covers any employer which supplies labour on an on-hire basis in the gas 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the gas 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 in clause 4.1 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
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 PR763263 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 28—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or 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:
(a) clause 13.1(d)—Ordinary hours and roster cycles;
(b) clause 13.3(b)—Ordinary hours for continuous shiftworkers;
(c) clause 13.4—Ordinary hours of work for non-continuous shiftworkers;
(d) clause 19.4—Time off instead of payment for overtime;
(e) clause 20.6—Annual leave in advance;
(f) clause 20.8—Cashing out of annual leave
(g) clause 25.2—Substitution of public holidays by agreement.
Part 2—Types of Employment and Classifications
8.1 Employees under this award may be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement, an employer will inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.
A full-time employee is engaged to work an average of 38 ordinary hours per week.
(a) is engaged to work an average of less than 38 ordinary hours per week;
(b) has reasonably predictable hours of work; and
(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 A part-time employee must be engaged for a minimum of 4 consecutive hours on any shift.
[Varied by PR723905, PR727485, PR733879, PR777291]
[11.1 deleted by PR733879 from 27Sep21]
11.1 Casual loading
[11.2 substituted by PR723905 ppc 20Nov20; 11.2 renumbered as 11.1 by PR733879 from 27Sep21]
For each ordinary hour worked, a casual employee must be paid:
(a) the minimum hourly rate for the classification in which they are employed; and
(b) a loading of 25% of the minimum hourly rate.
[New 11.3 inserted by PR727485 ppc 03Mar21; 11.3 renumbered as 11.2 by PR733879 from 27Sep21]
11.2 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
11.3 Payment for working overtime
[New 11.3 inserted by PR723905 ppc 20Nov20; 11.3 renumbered as 11.4 by PR727485, 11.4 renumbered as 11.3 by PR733879 from 27Sep21]
When a casual employee works overtime, they must be paid the overtime rates in clause 19.1.
11.4 Changes to casual employment status
[11.3 renumbered as 11.4 by PR723905, 11.4 renumbered as 11.5 by PR727485; 11.5 renumbered as 11.4 and renamed and substituted by PR733879; renamed and substituted by PR777291 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 28—Dispute resolution.
The classification structure is set out at Schedule A—Classification Definitions.
13. Ordinary hours of work and rostering
13.1 Ordinary hours and roster cycles
(a) The ordinary hours of work are an average of up to 38 hours per week.
(b) Subject to clauses 13.3 and 13.4, ordinary hours are worked between 7.00 am and 6.00 pm, Monday to Friday.
(c) The ordinary hours of work for a part-time employee will be in accordance with clause 10—Part-time employees.
(d) Subject to clause 27—Consultation about changes to rosters or hours of work, the employer and the majority of employees in the work section or sections concerned, may agree to alter:
(i) the spread of hours, hours of work and the usual daily commencing and finishing times of ordinary hours of work; and
(ii) the days upon which ordinary hours of work may be worked, including Saturdays and Sundays.
13.2 Definitions for the purpose of clause 13
(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
(b) Continuous shiftworker means a shiftworker who performs continuous work.
(c) Continuous work means work carried on with consecutive shifts of people throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(d) Night shift means any specified or rostered shift finishing after midnight and at or before 8.00 am.
(e) Non-continuous shiftworker means a shiftworker other than a shiftworker who performs continuous work.
(f) Rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice.
13.3 Ordinary hours for continuous shiftworkers
(b) Where the employer and the majority of employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.
(c) Subject to clause 13.3(d), continuous shiftworkers will work at such times as the employer may require.
(i) proper health and monitoring procedures being introduced;
(ii) suitable roster arrangements being made; and
(iii) proper supervision being provided.
13.4 Ordinary hours for non-continuous shiftworkers
(a) The ordinary hours of work for non-continuous shiftworkers must not exceed:
(i) 38 hours within a period not exceeding 7 consecutive days;
(ii) 76 hours within a period not exceeding 14 consecutive days;
(iii) 114 hours within a period not exceeding 21 consecutive days; or
(iv) 152 hours within a period not exceeding 28 consecutive days.
(b) The ordinary hours must be worked continuously, except for meal breaks. An employee must not be required to work for more than 5 hours without a break for a meal.
(i) proper health and monitoring procedures being introduced;
(ii) suitable roster arrangements being made; and
(iii) proper supervision being provided.
(d) Subject to clause 27, the employer and the majority of employees concerned may agree to vary the usual time of commencing and finishing shifts to suit the circumstances of the business.
13A. Employee right to disconnect
[13A inserted by PR778029 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the availability duty allowance under clause 17.3; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the availability duty.
(b) Employees required to work for more than 5 hours without a meal break as provided for in clause 14.1(a) must, for all time worked in excess of the 5 hours before being allowed a meal break, be paid:
(i) the hourly rate applying to the employee immediately before the meal break provided for in clause 14.1(a); and
(ii) 100% of the minimum hourly rate in clause 15.1 for their classification.
(c) Employees required to continue work during their meal break provided for in clause 14.1(a) must, for all time worked from the beginning of the scheduled meal break until the full meal break is given, be paid:
(i) the hourly rate applying to the employee immediately before the meal break provided for in clause 14.1(a); and
(ii) 50% of the minimum hourly rate in clause 15.1 for their classification.
(d) Employees required to resume work during their meal break provided for in clause 14.1(a) must, for all time worked from resuming work until the full meal break is given, be paid:
(i) the hourly rate applying to the employee immediately before the meal break provided for in clause 14.1(a); and
(ii) 50% of the minimum hourly rate in clause 15.1 for their classification.
14.2 Breaks after overtime are to be taken in accordance with clause 19.6.
[Varied by PR720159, PR718879, PR723827, PR729319, PR733879, PR740744, PR762170, PR773947]
[15.1 varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
An employer must pay adult employees the following minimum wages for ordinary hours worked:
|
Gas industry employee |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Level 1 |
923.50 |
24.30 |
|
Level 2 |
957.10 |
25.19 |
|
Level 3 |
991.90 |
26.10 |
|
Level 4 |
1032.30 |
27.17 |
|
Level 5 |
1106.10 |
29.11 |
|
Level 6 |
1183.90 |
31.16 |
|
Level 7 |
1236.60 |
32.54 |
|
Level 8 |
1292.90 |
34.02 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
15.2 Apprentice rates
(a) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the applicable adult weekly rate for their classification as set out in the table below:
|
Year of apprenticeship |
% of adult rate |
|
1st year |
45 |
|
2nd year |
55 |
|
3rd year |
75 |
|
4th year |
88 |
|
Year of apprenticeship |
% of minimum weekly rate for a Level 4 employee for apprentices who have not completed year 12 |
% of minimum weekly rate for a Level 4 employee for apprentices who have completed year 12 |
|
1st year |
50 |
55 |
|
2nd year |
60 |
65 |
|
3rd year |
75 |
75 |
|
4th year |
88 |
88 |
15.3 Adult apprentice rates
(a) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship will be:
(i) 80% of the minimum weekly rate for a Level 4 employee in clause 15.1; or
(ii) the rate prescribed by clause 15.2(b) for the relevant year of the apprenticeship,
whichever is the greater.
(b) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship will be:
(i) the rate for the lowest adult classification in clause 15.1; or
(ii) the rate prescribed by clause 15.2(b) for the relevant year of the apprenticeship,
whichever is the greater.
[15.3(c) varied by PR733879 from 27Sep21]
(c) A person who has been employed by an employer under this award for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to entering into a training agreement as an adult apprentice with the employer, must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
15.4 Apprentice conditions of employment
(a) Except as provided in clause 15.4 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(b) 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 15.4(b) 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.
(c) For the purposes of clause 15.4(b) above, 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 15.4(c), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(d) The amount payable by an employer under clause 15.4(b) 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.
(f) An employer may meet its obligations under 15.4(e) by paying any fees and/or cost of textbooks directly to the RTO.
(g) 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.
(h) 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 15.4(h) operates subject to the provisions of Schedule D—School-based Apprentices.
(i) 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.
15.5 Higher duties
An employee required by the employer to continuously perform the duties of a position at a higher classification level for one day or more, must be paid at the rate applicable for that higher level for the time worked at the higher level.
15.6 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.
15.7 School-based apprentices
For school-based apprentices, see Schedule D—School-based Apprentices.
[15.8(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.8(b) varied by PR720159 ppc 18Jun20, PR723827, PR729319, PR740744, PR762170, PR773947 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 Gas Industry Award 2020 and not the Miscellaneous Award 2020.
[15.8(c) inserted by PR718879; deleted by PR723827 ppc 01Nov20]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Wages must be paid either weekly or fortnightly.
16.2 At the option of the employer, the method of payment may be by cash, electronic funds transfer or cheque drawn on an account with a local bank.
16.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718879, PR719032, PR729319, PR729504, PR740744, PR740909, PR762170, PR762337, PR773947, PR774116]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule C—Summary of Monetary Allowance for a summary of monetary allowances and method of adjustment.
[17.2(a) varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
A first aid allowance of $20.65 per week must be paid where an employee:
(i) holds a current first aid certificate; and
(ii) is appointed by the employer as a first aid attendant.
[17.3(a) varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
(a) Where an employer requires an employee to be on availability duty, the employee will be entitled to be paid an allowance of $268.40 per week (or per day on a pro rata basis where an employee is so required for less than a week).
(b) An employee required to be on availability duty who is unavailable when requested to attend an urgent or emergency situation shall not be paid the availability duty allowance for that day.
17.4 Expense-related allowances
[17.4(a)(i) varied by PR719032, PR729504, PR740909, PR762337, PR774116 ppc 01Jul24]
(i) Where the employee is required to work 2 hours or more of overtime, a meal allowance of $20.74 will be paid.
[17.4(a)(ii) varied by PR719032, PR729504, PR740909, PR762337, PR774116 ppc 01Jul24]
[17.4(a)(iii) varied by PR719032, PR729504, PR740909, PR762337, PR774116 ppc 01Jul24]
(iii) Where overtime continues all additional meals will be provided or an additional payment will be made of $20.74 for each additional consecutive 4 hours worked.
(b) Protective clothing allowance
Where it is necessary that an employee wear protective clothing the employer must reimburse the employee the cost of purchasing the clothing, unless the protective clothing is supplied to the employee at the employer’s expense.
[Varied by PR771337]
18.1 Superannuation legislation
[18.1 substituted by PR771337 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771337 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper; or
(b) Sunsuper; or
(c) TWUSUPER; or
(d) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(e) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
19. Overtime and penalty rates
[Varied by PR723905, PR747371, PR763263]
19.1 Payment for working overtime
[19.1 substituted by PR723905 ppc 20Nov20]
(b) For a casual employee, any hours worked on any one day in excess of the number of ordinary hours of work for that day must be paid at the rate of 175% of the minimum hourly rate for the first 2 hours and 225% of the minimum hourly rate after 2 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time and part-time employees prescribed by clause 19.1(a).
19.2 Overtime rates not cumulative
If more than one of the provisions in clause 19 apply to an employee, payment is only to be made under the provision which prescribes the higher rate.
19.3 Early start
Where an employee is required to commence work 2.5 hours or less before normal starting time on an ordinary working day, it will be regarded as an early start, and the employee will be required to remain at work until normal finishing time. The period of work up to the normal starting time must be paid for at 150% of the minimum hourly rate for the first 2 hours and at 200% of the minimum hourly rate thereafter.
19.4 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 19.4(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 19.4 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.4 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 19.4 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.4 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.4(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 19.4 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.4 will apply, including the requirement for separate written agreements under clause 19.4(b) for overtime that has been worked.
[Note varied by PR763263 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.4.
19.5 Transport
When employees are on overtime duty which terminates at an hour when a reasonable means of transport to their place of residence is not available, the employer must provide and pay for suitable transport.
19.6 Minimum break after overtime
(a) An employee is entitled to at least 10 hours’ break between finishing overtime and resuming work. The employee will not suffer a reduction in payment for ordinary hours of work during this break.
[19.6(b) varied by PR723905 ppc 20Nov20]
[19.6(c) inserted by PR723905 ppc 20Nov20]
(c) Where a casual employee is directed to resume work before such a break is taken, the employee must be paid at the rate of 225% of the minimum hourly rate for time subsequently worked until a break of at least 10 hours has been taken.
NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rate for full-time and part-time employees prescribed by clause 19.6(b).
19.7 Work on weekends and public holidays
(a) Ordinary hours on Saturdays
All ordinary hours worked on a Saturday must be paid at 150% of the minimum hourly rate, with a minimum payment for 4 hours’ work.
(b) Sundays
(i) All hours worked on a Sunday must be paid at 200% of the minimum hourly rate, with a minimum payment for 4 hours’ work.
(ii) Payment at 200% must continue to apply to all continuous work commencing on a Sunday but finishing on the following day, provided the following day is not a public holiday.
(c) Public holidays
(ii) Payment at 250% must continue to apply to all continuous work commencing on a public holiday but finishing on the following day.
[19.7(c)(iii) inserted by PR747371 ppc14Nov22]
(iii) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 19.7(c)(i).
19.8 Subject to clause 19.2, an employee will be paid overtime and penalty rates for work during the following periods.
|
Hours worked |
Rate for full-time and part-time employees |
Rate for casual employees (inclusive of casual loading) |
Minimum payment |
|
|
% of minimum hourly rate |
|
|
|
Afternoon shift |
115 |
140 |
– |
|
Night shift |
130 |
155 |
– |
|
Saturday—ordinary hours |
150 |
175 |
4 hours |
|
Sunday—all hours |
200 |
225 |
4 hours |
|
Public holiday—all hours |
250 |
275 |
4 hours |
|
Early start—first 2 hours |
150 |
175 |
– |
|
Early start—after 2 hours |
200 |
225 |
– |
|
Overtime—first 2 hours |
150 |
175 |
– |
|
Overtime—after 2 hours |
200 |
225 |
– |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
Part 6—Leave and Public Holidays
[Varied by PR751076]
20.1 Annual leave is provided for in Division 6 of the NES. For the purpose of the additional week of annual leave, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual leave does not apply to casual employees.
20.2 Annual leave loading
(a) An employee taking annual leave must be paid the greater of:
(i) a loading of 17.5% calculated at the employee’s ordinary weekly rate including appropriate allowances (excluding shift and weekend penalty rate payments); or
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
20.3 Excessive leave accruals: general provision
NOTE: Clauses 20.3 to 20.5 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.
(c) Clause 20.4 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.5 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.4 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.3(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 20.4(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.3, 20.4 or 20.5 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 20.4(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.4(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 20.4(d) may result in the direction ceasing to have effect. See clause 20.4(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
20.5 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.3(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 20.5(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 20.4(a) that, when any other paid annual leave arrangements (whether made under clause 20.3, 20.4 or 20.5 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 20.5(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.3, 20.4 or 20.5 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 20.5(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 20.1) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 20.5(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 20.6 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 20.6 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.6, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
20.7 Direction to take annual leave during shutdown
[20.7 renamed and substituted by PR751076 ppc 01May23]
(a) Clause 20.7 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 20.7(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 20.7(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 20.7(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 20.7(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 20.6.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 20.6, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 20.3 to 20.5 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 20.7.
20.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.8.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 20.8 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 20.8 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 20.8 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.8.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.8.
NOTE 3: An example of the type of agreement required by clause 20.8 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.
20.9 Payment of accrued annual leave on termination of employment
(a) The NES provides for payment of accrued annual leave upon termination. For a full explanation of the NES entitlement see section 90(2) of the Act.
(b) Where an employee is paid out accrued annual leave upon termination of employment, the employee will be paid the annual leave loading set out in clause 20.2(a).
21. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
22. Parental leave and related entitlements
[22 varied by PR763263 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 28—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750474 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 PR747371]
25.1 Public holidays are provided for in the NES.
25.2 Substitution of public holidays by agreement
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[25.3 deleted by PR747371 ppc14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774773 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774773 from 01Jul24]
25A.1 Clause 25A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 25A.
25A.2 In clause 25A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
25A.3 Before exercising entitlements under clause 25A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
25A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
25A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 25A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
25A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate’s entitlements under clause 25A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 25A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 25A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 25A.
26. Consultation about major workplace change
26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
26.2 For the purposes of the discussion under clause 26.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).
26.5 In clause 26 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763263, PR777291, PR778029]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.
28.8 While procedures are being followed under clause 28 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763263; deleted by PR778029 from 26Aug24]
[Note inserted by PR778029 from 26Aug24; varied by PR777291 from 27Aug24]
NOTE: In addition to clause 28, 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.
29.1 Notice of termination by an employee
(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(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 29.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.
(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 29.2 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.
30.1 Transfer to lower paid duties on redundancy
(a) Clause 30.1 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 30.1(c).
(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
30.2 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 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
30.3 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 30.3(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 30.3(b).
(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
Schedule A—Classification Definitions
This schedule provides guidelines for the positions covered at the various levels contained in this award.
The appointment of an employee to a position will be dependent upon the person being capable of performing the functions at that level in a competent manner and being required by the employer to perform work at that level.
This requires that the person is not only qualified for the position, but has sufficient experience and level of skills to meet the standards of proficiency necessary to undertake the duties of the position with minimal supervision.
It is understood that entry levels will be provided with training, whether on-the-job, in‑house, or by external providers, sufficient to achieve a standard of performance which is deemed to be that of a competent employee for that level, within a period of a few months.
For all roles that require an employee to travel to various locations to undertake the employee’s duties, the employee must hold a current and relevant drivers licence.
A.1 Gas industry employee—Level 1
A.1.1 Role
An employee of this level works under close direction and undertakes routine activities which require the practical application of basic skills and techniques.
A.1.2 General features
Employees are expected to demonstrate responsibility and accountability for the tasks they are directed to perform whilst working within established routines, methods and procedures. With experience, employees may have sufficient freedom to exercise judgment in the planning of their own work within those confines.
A.1.3 Knowledge
This level is basic entry and the applicant would be expected to have sufficient communication skills to understand instructions, and relay information clearly. Most tasks can be learned fairly quickly because of the routine, simple, or repetitious nature of the work.
A.1.4 Positions included in this level:
(a) Basic administration grade 1
An employee at this level will be required to perform basic administration duties including reception duties. Basic computer skills are required.
(b) General hand/General hand pipelines
An employee at this level will be required to work within established routines, methods and procedures within the gas transmission and distribution sector.
(c) Plant maintenance employee grade 1
An employee at this level will be required to work within established routines, methods and procedures, operating residential type gardening equipment.
A.2 Gas industry employee—Level 2
A.2.1 Role
An employee of this level works under regular direction within clearly defined guidelines and undertakes a range of routine technical/administrative activities requiring the application and continuing development of acquired skills and knowledge.
A.2.2 General features
Employees are expected to demonstrate responsibility and accountability for planning and organising their own work which is performed within established routines, methods and procedures. They will be required to manage their own time and possibly resolve minor work procedural issues in their relevant work area within established constraints. Work is checked on completion.
A.2.3 Knowledge
Entry at this level would require completion of some form of formal education which is equivalent to junior certificate level at high school supplemented by some work experience in a relevant field.
Tasks require knowledge of established work practices, procedures, policies, and regulations relevant to the work area.
A.2.4 Positions included in this level:
(a) Basic administration grade 2
An employee at this level will be required to perform basic administration duties. General computer skills are required.
(b) Meter reader
An employee must be competent to proficiently perform the procedures in relation to reading meters.
(c) Meter repairer grade 1
An employee must be competent to proficiently perform techniques and procedures to dismantle and rebuild simple gas meters. The employee will be required to use relevant testing equipment for the calibration of repaired gas meters.
(d) Plant maintenance employee grade 2
The employee must be competent to proficiently perform basic maintenance tasks and demonstrate the ability to organise resources.
(e) Storekeeper
An employee at this level will be required to work within established routines, methods and procedures, involved in the warehouse operations.
(f) Mains layer assistant
An employee at this level will be required to work within established routines, methods and procedures involved in the laying of mains.
A.3 Gas industry employee—Level 3
A.3.1 Role
Employees of this level carry out moderately routine work using a more extensive range of appropriate skills and knowledge and receive direction in the application and further development of skills and knowledge appropriate to the work. Procedures, methods and guidelines are well established.
A.3.2 General features
Employees perform tasks or activities of increasing complexity using knowledge, judgment and work organisational skills. They are expected to demonstrate responsibility and accountability for their own work with assistance being available from supervisors. Employees may receive guidance on the broader aspects of their work and may assist other employees and tradespeople with direction and technical knowledge.
Employees are required to plan their own work and may be required to assist in co‑ordinating a small work team, undertake some complex operational work and may be involved in planning and co-ordination of activities within the work area. Employees will assist in on-the-job training as is required.
A.3.3 Knowledge
Entry at this level would assume some work experience after completing formal education to junior high school, or an equivalent level of competence obtained through a structured training or a demonstrated competency of suitable skills gained through work experience.
Tasks require a working knowledge of work practices, gas industry codes and regulations relevant to the work area
A.3.4 Positions included in this level are:
(a) Administration grade 3
An employee at this level will be required to perform administration duties including the intermediate knowledge of computer applications.
(b) Overdue account collector
The employee must be competent in the reading of all types of gas meters, and in the collection of outstanding payment from customers.
(c) Plant maintenance employee grade 3 (leak survey technician)
The employee must be competent in the principles of gas metering, pressure regulation, reading, adjustment, and routine servicing of these instruments. Employees must be able to locate gas leakages and be competent in the care maintenance of the instruments used for this task.
(d) Meter repairer grade 2
The employee must be able to service and repair large gas meters used for industry and gas pressure controlling regulators.
A.4 Gas industry employee—Level 4
A.4.1 Role
Employees work under general direction in functions that require the application and further development of skills and knowledge appropriate to the work. Guidelines and work practices are generally established.
A.4.2 General features
Under broad instruction employees perform activities or functions involving the application of knowledge and skills gained through a structured course and previous experience. Employees will be expected to contribute specialist knowledge on projects in their appropriate work related areas. There is scope for initiative in the application of established work practices. Work roles may involve a range of functions which could contain a limited component of supervision. At this level employees may either broaden their skill base or further develop a skill specialisation. Assistance is readily available for specific problems.
A.4.3 Knowledge
Entry to this level will assume trade qualifications or equivalent received through structured training. Tasks require knowledge of statutory requirements relevant to the work area, and the application of good customer service techniques. Employees are expected to continue to enhance their knowledge and skill base through appropriate structured training.
A.4.4 Positions included in this level are:
(a) Administration grade 4
An employee at this level will be required to perform non routine administration duties including the intermediate knowledge of computer applications.
(b) Main layer grade 1
The employee must hold the relevant licences/trade qualification (Cert III), and experience to lay mains.
(c) Serviceperson grade 1
The employee must hold the relevant gas licences/trade qualification (Cert III), and experience in order to successfully service gas infrastructure.
A.5 Gas industry employee—Level 5
A.5.1 Role
Employees receive general direction from departmental managers and adhere to established work practices however they may be required to exercise initiative and judgment where practices and direction are not clearly defined. Employees working at this level will have highly developed skills in either an extended skill base or in a field of specialisation.
A.5.2 General features
Employees are involved in establishing work programmes. Work roles may include a range of activities or functions and involve the employee in internal and external liaison and communication activities. The employee will have responsibility and accountability for the everyday operation of the function and scope to exercise initiative in the application of established work procedures. Work may also involve specialist knowledge in a more limited number of functions or disciplines. Employees may be required to provide advice and assistance to others in their work group or affiliated department.
A.5.3 Knowledge
Entry to this level will assume post trade training and experience in excess of the requirements of level 4 or an equivalent level of competence obtained through structured training.
Tasks require extensive knowledge of policies, practices, industry codes and regulations gained through qualifications and experience. Employees are expected to continue to enhance their knowledge and skill base through appropriate additional structured training.
A.5.4 Positions included in this level:
(a) Administration grade 5
An employee at this level will be required to perform a wide range of non routine administration, financial, logistical and associated duties including the advanced knowledge of computer skills/applications.
(b) Main layer grade 2
The employee must hold the relevant licence/trade qualification, and extensive experience to lay mains.
(c) Serviceperson grade 2
The employee will hold the relevant gas and electrical licence/trade qualification, and experience in order to successfully service infrastructure.
(d) Plant maintenance employee grade 4
The employee must be competent and qualified in the principles of mechanical engineering or similar trade qualification. These employees will have extensive experience with gas metering, pressure regulation, and in the reading, adjustment, and extensive servicing of these instruments.
A.6 Gas industry employee—Level 6
A.6.1 Role
Employees work under limited direction and undertake a range of functions for which operational policies, work practices and guidelines have been developed.
A.6.2 General features
Employees will apply specialist knowledge based on their qualifications, previous training and experience in areas relevant to their discipline.
Work roles will require responsibility for decision-making in the particular work area and the provision of credible advice. Employees may exercise limited supervisory responsibility for large work projects, work independently as specialists or may be a senior member of a project team.
A.6.3 Knowledge
Tasks require detailed knowledge of activities and work practices relevant to the work area and a strong knowledge of organisation structure and functions.
The employee will be well trained in the systems relevant to the position and perform a wide range of non routine administration, financial, logistical and associated duties including the advanced knowledge of computer skills/applications. The employee will have obtained qualifications through TAFE or equivalent.
A.6.4 Positions included in this level are:
Administration grade 6 (team leader).
A.7 Gas industry employee—Level 7
A.7.1 Role
Employees enter this level after considerable relevant experience subsequent to leaving school. Under broad direction they undertake work which is either specialised, skill based or utilises extended skill based abilities in positions demanding the exercise of independence.
A.7.2 General features
Employees are required to demonstrate proficiency in the application of theoretical or applied approaches and have accountability for their own work as defined. They will liaise with other departments in providing credible technical or administrative support. Work roles will demand responsibility for decision-making and may involve basic diagnostic activities in problem solving and troubleshooting.
A.7.3 Knowledge
Entry to this level assumes trade and post trade qualifications or equivalent and experience in excess of the relevant requirements for levels 4, 5 and 6.
Tasks require detailed knowledge of work practices relevant to the work area and a sound knowledge of equipment, machines and tools utilised in the relevant role.
A.7.4 Positions included in the level are:
(a) Administration grade 7 (team leader)
The employee will be well trained in the systems relevant to the position. The employee will be responsible for the supervision of a team. The employee will have obtained qualifications through TAFE or equivalent.
(b) Gas installer grade 1
The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate.
(c) Main layer grade 3
The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate.
(d) Plant maintenance employee grade 5
The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate.
A.8 Gas industry employee—Level 8
A.8.1 Role
Employees entering this level will be a competent and experienced employee. They undertake work which is either specialised or skill based. They may be required to exercise initiative and judgment where practices are not clearly defined.
A.8.2 General features
Work roles may include a range of activities or functions and may require the supervision of a team. There will be a need to apply specialist knowledge based on qualifications, previous training and experience in areas relevant to their discipline.
A.8.3 Knowledge
Entry to this level would assume qualifications in excess of those required for level 7 together with supervisory responsibilities.
Tasks require detailed knowledge of activities and work practices.
A.8.4 Positions included in this level are:
(a) Main layer grade 3 (team leader)
The employee must hold the relevant licences/trade qualification, and extensive experience to lay mains. The employee will be required to assign work and supervise other employees.
(b) Plant maintenance employee grade 5 (team leader)
These employees must have extensive experience with gas metering and pressure regulation. The employee will be required to assign work and supervise other employees.
(c) Gas installer supervisor
The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate. The employee will be required to assign work and supervise other employees.
(d) Service person supervisor
The employee must hold the relevant gas and electrical licence/trade qualification, and experience in order to successfully service infrastructure. The employee will be required to assign work and supervise other employees.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718879, PR729319, PR740744, PR762170, PR773947]
B.1 Full-time and part-time employees
B.1.1 Full-time and part-time employees—ordinary and penalty rates
[B.1.1 varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
|
|
Ordinary hours |
Early start |
Afternoon shift |
Night shift |
Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||||||
|
|
% of minimum hourly rate |
|||||||
|
|
100% |
150% |
200% |
115% |
130% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
24.30 |
36.45 |
48.60 |
27.95 |
31.59 |
36.45 |
48.60 |
60.75 |
|
Level 2 |
25.19 |
37.79 |
50.38 |
28.97 |
32.75 |
37.79 |
50.38 |
62.98 |
|
Level 3 |
26.10 |
39.15 |
52.20 |
30.02 |
33.93 |
39.15 |
52.20 |
65.25 |
|
Level 4 |
27.17 |
40.76 |
54.34 |
31.25 |
35.32 |
40.76 |
54.34 |
67.93 |
|
Level 5 |
29.11 |
43.67 |
58.22 |
33.48 |
37.84 |
43.67 |
58.22 |
72.78 |
|
Level 6 |
31.16 |
46.74 |
62.32 |
35.83 |
40.51 |
46.74 |
62.32 |
77.90 |
|
Level 7 |
32.54 |
48.81 |
65.08 |
37.42 |
42.30 |
48.81 |
65.08 |
81.35 |
|
Level 8 |
34.02 |
51.03 |
68.04 |
39.12 |
44.23 |
51.03 |
68.04 |
85.05 |
B.1.2 Full-time and part-time employees—overtime rates
[B.1.2 varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
|
Monday to Saturday |
Sunday – all day |
Public holiday |
||
|
|
First 2 hours |
After 2 hours |
||
|
% of minimum hourly rate |
||||
|
|
150% |
200% |
200% |
250% |
|
$ |
$ |
$ |
$ |
|
|
Level 1 |
36.45 |
48.60 |
48.60 |
60.75 |
|
Level 2 |
37.79 |
50.38 |
50.38 |
62.98 |
|
Level 3 |
39.15 |
52.20 |
52.20 |
65.25 |
|
Level 4 |
40.76 |
54.34 |
54.34 |
67.93 |
|
Level 5 |
43.67 |
58.22 |
58.22 |
72.78 |
|
Level 6 |
46.74 |
62.32 |
62.32 |
77.90 |
|
Level 7 |
48.81 |
65.08 |
65.08 |
81.35 |
|
Level 8 |
51.03 |
68.04 |
68.04 |
85.05 |
B.2 Casual employees
B.2.1 Casual employees—ordinary and penalty rates
[B.2.1 varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
|
|
Ordinary hours |
Early start |
Afternoon shift |
Night shift |
Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
|||||||
|
|
% of minimum hourly rate |
|||||||
|
|
125% |
175% |
225% |
140% |
155% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
30.38 |
42.53 |
54.68 |
34.02 |
37.67 |
42.53 |
54.68 |
66.83 |
|
Level 2 |
31.49 |
44.08 |
56.68 |
35.27 |
39.04 |
44.08 |
56.68 |
69.27 |
|
Level 3 |
32.63 |
45.68 |
58.73 |
36.54 |
40.46 |
45.68 |
58.73 |
71.78 |
|
Level 4 |
33.96 |
47.55 |
61.13 |
38.04 |
42.11 |
47.55 |
61.13 |
74.72 |
|
Level 5 |
36.39 |
50.94 |
65.50 |
40.75 |
45.12 |
50.94 |
65.50 |
80.05 |
|
Level 6 |
38.95 |
54.53 |
70.11 |
43.62 |
48.30 |
54.53 |
70.11 |
85.69 |
|
Level 7 |
40.68 |
56.95 |
73.22 |
45.56 |
50.44 |
56.95 |
73.22 |
89.49 |
|
Level 8 |
42.53 |
59.54 |
76.55 |
47.63 |
52.73 |
59.54 |
76.55 |
93.56 |
Schedule C—Summary of Monetary Allowances
[Varied by PR718879, PR719032, PR729319, PR729504, PR740744, PR740909, PR750817, PR762170, PR762337, PR773947, PR774116]
C.1 Wage-related allowances
[C.1.1 varied by PR718879, PR729319, PR740744, PR762170, PR773947 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly wage rate for a Level 4 employee in clause 15.1 = $1032.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
First aid allowance |
17.2(a) |
2.0 |
20.65 |
per week |
|
Availability duty |
17.3(a) |
26.0 |
268.40 |
per week or part thereof |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750817 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2.1 varied by PR719032, PR729504, PR740909, PR762337, PR774116 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.4:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
17.4(a) |
20.74 |
per meal |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression, if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause E.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.2 Provided that the minimum amount payable must be not less than $106 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
E.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
E.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
E.10 Trial period
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.
Schedule F—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule G—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule H—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
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Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule I —Part-day Public Holidays deleted by PR747371 ppc14Nov22]
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