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Hydrocarbons Industry (Upstream) Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 31 December 2023 (PR767894).
Clause(s) affected by the most recent variation(s):
Table of Contents
[Varied by PR716597, PR747372, PR750490]
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
18. Annualised wage arrangements
19. Composite rate instead of award provisions
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
26. Personal/carer’s leave and compassionate leave
27. Parental leave and related entitlements
29. Family and domestic violence leave
Part 7— Consultation and Dispute Resolution
31. Consultation about major workplace change
32. Consultation about changes to rosters or hours of work
Part 8— Termination of employment and Redundancy
Schedule A —Classification and Structure
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary Allowances
Schedule D —School-based Apprenticeships
Schedule E —Supported Wage System
Schedule F —Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation of this Award
1.1 This award is the Hydrocarbons Industry (Upstream) 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 PR733883]
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 7.00 pm and at or before midnight.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings or payment while they are on annual leave (see clause 20.2(a)).
base rate of pay has the meaning given by the NES.
[Definition of casual employee inserted by PR733883 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
continuous shiftworker means an employee engaged in an enterprise in which shifts are continuously rostered 24 hours per day, 7 days per week and who is rostered regularly to work those shifts and works regularly on Sundays and public holidays.
cycle work means a roster made up of a predetermined number of working days (on duty period) and non-working days (off-duty period) over a period (work cycle).
day shift means any shift finishing after noon and at or before 7.00 pm.
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
hydrocarbons means hydrocarbon or other products extracted from oil and gas fields, or other hydrocarbon products extracted from the earth, whether in solid, liquid or gas form, including without limitation gas, butane and methane, crude oil or condensate but excluding coal.
hydrocarbons industry has the meaning given in clause 4.2.
minimum weekly rate means the minimum weekly rate of pay in clause 16—Minimum rates.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift means any shift finishing after midnight and at or before noon.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 16—Minimum rates, inclusive of the industry allowance. Where an employee is entitled to an additional all-purpose allowance, this allowance forms part of that employee’s ordinary hourly rate.
permanent night shift means when an employee who:
(a) during a period of engagement on shiftwork works night shift only; or
(b) remains on night shift for a longer period than 4 consecutive weeks; or
(c) works on a night shift that does not rotate or alternate with another shift or with day work so as to give him or her at least one third of their working time off in each shift cycle.
[Definition of regular casual employee inserted by PR733883 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
remote work means work required to be performed in any location that is operated by the employer at a remote location, including but not limited to sites operating on a fly in/fly out, drive in/drive out or bus in/bus out basis.
shiftworker means an employee for the time being required by the employer to work in a system of shifts, being day shifts, afternoon shifts, night shifts or any combination of them; or a continuous shiftworker.
standard rate means the minimum weekly rate for a Level 3 employee in clause 16—Minimum rates.
work cycle means a roster cycle made up of working and non-working days.
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.
[Varied by PR743434]
4.1 This industry award covers employers throughout Australia in the hydrocarbons industry and their employees in the classifications listed in Schedule A—Classification and Structure to the exclusion of any other modern award.
4.2 Hydrocarbons industry means:
(b) the preparatory work and development of an oil or gas field, including well servicing, and decommissioning of hydrocarbon facilities;
(d) the provision of services incidental to the activities set out in clauses 4.2(a) to (c) above, including:
(i) provision of clerical and administrative, warehousing, stores and materials, medical, laboratory, utility or general services, or platform services at a location where the activities in clauses 4.2(a) to (c) above are being performed;
(ii) provision of catering, cleaning and accommodation services where owned or operated by an employer engaged in the activities set out in clauses 4.2(a) to (c) above at a location where the activities in clauses 4.2(a) to (c) above are being performed;
(iii) provision of supply base services owned or operated by an employer engaged in the activities set out in clauses 4.2(a) to (c) above;
(f) the provision of temporary labour services used in the activities set out in 4.2(a) to (e) above, by temporary labour personnel principally engaged to perform work at a location where the activities described above are being performed.
4.3 This award does not cover employers in respect of their operation or activities in the following industries or occupations:
(a) employees principally engaged as maritime officers, maritime engineers, ratings and catering crew on any vessel used in offshore hydrocarbon operations (including but not limited to any propelled or non-propelled vessel used in navigation, construction or drilling, ship, barge, drilling vessel, rig, crane vessel, floating production facility, tug boat, support vessel, supply vessel, stand-by/emergency vessel, pipe laying vessel, diving support vessel, lighter or like vessels);
(c) transportation, storage, distribution, marketing and sale of products produced in clause 4.3(b) or finished hydrocarbons products, including operations at bulk liquid terminals, refineries, airports and depots;
(d) information technology professionals, professional engineers, geologists and scientists;
(e) security, catering, cleaning and accommodation services (unless employed by an employer engaged in the hydrocarbons industry or related company); or
(f) aviation industry.
[4.4 varied by PR743434 ppc 11Jul22]
4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the hydrocarbons 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 clauses 4.1 and 4.2 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 PR763267 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 33—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
(a) clause 13.2(b)—Spread of hours;
(b) clause 13.4(e)—Special arrangements for cycle work;
(c) clause 14.1(a)—Notice period for roster variation;
(d) clause 15.3(c)—Scheduling of breaks;
(e) clause 23.5—Time off instead of payment for overtime
(f) clause 23.7(b)—Rest breaks during overtime;
(g) clause 25.11—Taking of annual leave over an extended period;
(h) clause 25.12—Annual leave in advance;
(i) clause 25.13—Cashing out of annual leave; and
(j) clauses 30.3 and 30.4—Substitution of public holidays.
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is engaged to work an average of 38 ordinary hours per week.
10.1 A part-time employee is an employee who:
(a) is engaged to work an average of less than 38 ordinary hours per week; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 A part-time employee must be paid the ordinary hourly rate for each ordinary hour worked at the rate in clause 16—Minimum rates for the classification in which they are employed.
[Varied by PR723912, PR733883]
[11.1 deleted by PR733883 from 27Sep21]
[11.2 renumbered as 11.1 by PR733883 from 27Sep21]
11.1 A casual employee’s ordinary hours of work are the lesser of:
(a) an average of 38 hours per week; or
(b) the average hours the employee is required to work by the employer per week over the work cycle.
[11.3 renumbered as 11.2 by PR733883 from 27Sep21]
[11.2(a) substituted by PR723912 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid no less than:
(i) the ordinary hourly rate for the classification in which they are employed in clause 16—Minimum rates; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and other entitlements of full-time or part-time employment.
11.3 Payment for working overtime
[New 11.4 inserted by PR723912 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733883 from 27Sep21]
When a casual employee works overtime, they must be paid the overtime rates in clause 23.3.
11.4 Minimum engagement for casual employees
[11.4 renumbered as 11.5 by PR723912, 11.5 renumbered as 11.4 by PR733883 from 27Sep21]
The minimum engagement for a casual employee is one day.
11.5 Offers and requests for casual conversion
[11.5 renumbered as 11.6 by PR723912; 11.6 renumbered as 11.5 and renamed and substituted by PR733883 from 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 33—Dispute resolution.
A description of the classifications under this award is set out in Schedule A—Classification and Structure.
13.1 Ordinary hours of work—all employees
(a) The ordinary hours of work for a full-time employee will be an average of 38 hours per week.
(b) The ordinary hours of work for part-time and casual employees will be in accordance with clauses 10—Part-time employees and 11—Casual employees.
(i) Clause 13.1(c) of the award provides industry specific detail and supplements the NES which deals with maximum weekly hours.
(ii) For the purposes of the NES an employee’s weekly hours may be averaged over a period of up to 26 weeks.
13.2 Employees other than shiftworkers
(a) Employees, other than shiftworkers, may be required to work up to 12 ordinary hours per day, within the spread of hours of 6.00 am and 6.00 pm, Monday to Sunday.
(b) An employer may agree with an individual employee or a majority of affected employees to alter the spread of hours in clause 13.2(a) provided that employees, other than shiftworkers, are not required to work more than 12 ordinary hours per day.
13.3 Shiftworkers
(b) Employees may be required to change shifts or change between day work and shiftwork, or shiftwork and day work.
13.4 Special arrangements for cycle work
(a) Regardless of any other provision of this award, the employer may require an employee to work on a work cycle.
(b) A work cycle is made up of working and non-working days.
(c) The total ordinary hours of work during a work cycle must not exceed 38 hours multiplied by the total number of working (on-duty period) and non-working (off-duty period) days in the cycle divided by 7.
(d) The on-duty period of a work cycle commences at the commencement of work at the workplace. The off-duty period of a work cycle commences at the departure time from the workplace.
(a) Subject to clause 13.3(c) an employer may vary an employee’s days of work or start and finish times to meet the needs of the business by giving at least 48 hours’ notice, or a shorter period as agreed to by the employer and an individual employee.
(b) Employees may be required to perform reasonable handover work to ensure continuity of operations.
(c) An employee who is not relieved as scheduled at the end of a shift, must continue working until relieved or authorised by the employer to finish work. Authorisation must not be unreasonably withheld.
(i) will be paid as though each day on which they are required to work was a normal on-duty day, and will be allowed an additional off-duty day to be taken at a time mutually agreed between the employer and employee for each day worked; or
(ii) the additional work on non-working days in clause 14.1(d) may be paid at overtime rates at the employer’s discretion.
(e) The employer must consult with directly affected employees about any changes made under clause 14.1 in accordance with clause 14.1.
In the case of an emergency an employer may vary or suspend any roster arrangement immediately, regardless of anything contained elsewhere in clause 14.1(f).
15.1 Unpaid meal breaks—employees other than shiftworkers
An employee other than a shiftworker will be entitled to an unpaid meal break of not less than 30 minutes after every 5 hours worked.
15.2 Paid meal breaks—shiftworkers
(a) A shiftworker working 10 hours or less will be entitled to a paid meal break of 20 minutes per shift.
(b) A shiftworker working for longer than 10 hours will be entitled to paid meal breaks totalling 40 minutes per shift.
(a) Breaks will be scheduled by the employee’s supervisor based upon operational requirements so as to ensure continuity of operations.
(b) An employer will not require an employee to work more than 5 hours before the first meal break is taken, or between subsequent meal breaks if any.
(c) An employer and an individual employee may agree to vary the time for taking of the breaks set out in clause 15.3 to suit their individual requirements, provided that:
(i) the break time taken by the employee is not reduced; and
(ii) the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 15.3.
15.4 Minimum break between work on successive days or shifts
(a) Employees other than shiftworkers
(ii) An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 consecutive hours off work between those times must be released after completion of the overtime until the employee has had 10 consecutive hours off work without loss of pay for ordinary working time occurring during the absence.
(b) Shiftworkers
Clauses 15.4(a)(i) to (iii) apply to shiftworkers as if the required period of consecutive hours off work is 8 hours.
15.5 Breaks during overtime
Breaks during overtime are provided in accordance with clause 23.7.
[Varied by PR720159, PR718880, PR729320, PR733883, PR740745, PR762171, PR767894]
16.1 Adult rates
[16.1 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
$ |
$ |
|
|
Entry Level—Introductory |
889.30 |
23.40 |
|
Level 1—Basic |
931.10 |
24.50 |
|
Level 2—Intermediate |
965.60 |
25.41 |
|
Level 3—Competent |
995.00 |
26.18 |
|
Level 4—Advanced |
1061.50 |
27.93 |
|
Level 5—Advanced Specialist |
1130.60 |
29.75 |
|
Level 6—Dual Trade |
1186.00 |
31.21 |
|
Level 7—Dual Trade Instrument Technician |
1234.10 |
32.48 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
[16.2 varied by PR767894 ppc 31Dec23]
A junior employee will be entitled to the percentage of the applicable adult weekly rate (in the case of part-time or casual employees the hourly rate) for their classification as set out in the table below:
|
Age |
% of the adult rate |
|
Under 17 years |
75 |
|
At 17 years |
85 |
|
At 18 years |
100 |
(a) An employer must pay an apprentice who commenced work with the employer before 1 January 2014 the following percentage of the applicable adult weekly rate for their classification.
|
Year of apprenticeship |
% of the adult rate |
|
1st year |
45 |
|
2nd year |
55 |
|
3rd year |
75 |
|
4th year |
88 |
(b) An employer must pay an apprentice who commenced work with the employer on or after 1 January 2014 the following percentage of the Level 3 rate in clause 16.1:
(i) From the first pay period commencing on or after 1 January 2015:
|
Year of apprenticeship |
% of the adult weekly wage for apprentices who have not completed Year 12 |
% of the adult weekly wage for apprentices who have completed Year 12 |
|
1st year |
50 |
55 |
|
2nd year |
60 |
65 |
|
3rd year |
75 |
75 |
|
4th year |
88 |
88 |
(c) Adult apprentice rates
(i) Adult apprentices who commenced on or after 1 January 2014 and are in the first year of their apprenticeship will be entitled to 80% of the Level 3 rate in clause 16.1, or the rate prescribed by clause 16.3(b) for the relevant year of the apprenticeship, whichever is the greater.
(ii) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship will be paid the rate for the lowest adult classification in clause 16.1, or the rate prescribed by clause 16.3(b) for the relevant year of the apprenticeship, whichever is the greater.
[16.3(c)(iii) varied by PR733883 from 27Sep21]
(iii) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 16.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(d) Except as provided in clause 16.3 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(e) 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 16.3(e) 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.
(f) For the purposes of clause 16.3(e) 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 16.3(e), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(g) The amount payable by an employer under clause 16.3(e) 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.
(i) An employer may meet its obligations under clause 16.3(h) by paying any fees and/or cost of textbooks directly to the RTO.
(j) 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.
(k) 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 16.3 operates subject to the provisions of Schedule D—School-based Apprenticeships.
(l) 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.
16.4 School-based apprentices
For school-based apprentices, see Schedule D—School-based Apprenticeships.
An employee who is engaged for 3 hours or more per day or per shift (excluding meal breaks and rest breaks) on duties carrying a higher rate of pay than the employee’s ordinary classification must, except where the employee is engaged in training, be paid at the higher rate of pay for that day or that shift.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System
[16.7(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.
[16.7(b) varied by PR720159 ppc 18Jun20, PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Hydrocarbons Industry (Upstream) Award 2020 and not the Miscellaneous Award 2020.
(a) In the event of storm, cyclone or other conditions which prevent the safe performance of work on a drilling rig, platform or at a facility, the employer may demobilise, reassign or stand down affected employees.
(b) In the event of a stand-down under clause 16.8 an employee will continue to be paid their minimum rate of pay for their ordinary hours in accordance with clause 16—Minimum rates for up to 5 working days.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Wages will be paid (including penalties and allowances) at a frequency of not longer than monthly by electronic funds transfer into the employee’s bank or a recognised financial institution nominated by the employee.
17.2 An employer may deduct from any amount required to be paid to an employee under clause 16.8 the amount of any overpayment of wages or allowances.
17.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
18. Annualised wage arrangements
[18—Annualised salary renamend and substituted by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
18.1 Annualised wage instead of award provisions
[18.1(a) corrected by PR716890 ppc 01Mar20]
(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 18.1(c), of any or all of the following provisions of the award:
(i) clause 16—Minimum rates;
(ii) clause 20—Allowances;
(iii) clause 23—Overtime;
(iv) clause 24—Penalty rates; and
(v) clause 25.5(b)—annual leave loading only.
(b) Where an annualised wage is paid the employer must advise the employee in writing, and keep a record of:
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 18.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
18.2 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases earlier over such lesser period as has been worked).
(b) The employer must each 12 months from the commencement of the annualised wage arrangement or upon the termination of employment of the employee calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required by clause 18.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
18.3 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 16—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
19. Composite rate instead of award provisions
[18.2 renumbered as 19 by PR716597 ppc 01Mar20]
19.1 Composite rate provisions apply only to employees who are required to perform drilling (as part of prospecting or exploration) prospecting and exploration duties.
(a) clause 16—Minimum rates;
(b) clause 20—Allowances;
(c) clause 23—Overtime
(d) clause 24—Penalty rates; and
(e) clause 25.5(b)—annual leave loading only.
19.3 Where a composite daily rate is paid the employer must advise the employee in writing the composite rate that is payable and what provisions of this award do not apply because of the composite rate arrangement.
19.4 Composite daily rate not to disadvantage employees
(a) The composite daily rate must be no less than the amount the employee would have been entitled to receive under the relevant wage rates, penalties, allowances and loadings prescribed by this award over the period of engagement for which the composite rate is paid.
(b) The composite daily rate is paid in full satisfaction of any obligation to otherwise make payments to the employee for the provisions that will not apply under this award instead of the composite rate and may be relied upon to set off any such obligation, whether of a different character or not.
19.5 Base rate of pay for employees on composite daily rate arrangements
For the purposes of the NES, the base rate of pay of an employee receiving a composite daily rate under clause 19.5 comprises the portion of the composite daily rate equivalent to the relevant minimum daily rate of pay in clause 16—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties and any other separately identifiable amounts incorporated into the composite rate.
[19 renumbered as 20 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20; varied by PR718880, PR719033, PR729320, PR729505, PR740745, PR740911, PR762171, PR762338]
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.
(a) Employers must pay to an employee the allowances the employee is entitled to under clause 20.
(b) Where an employee is paid by the hour, the allowance will be 1/38th of the weekly allowance for each hour worked.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) Industry allowance (clause 20.2(b)); and
(ii) Licence allowance—electricians (clause 20.2(c)).
[20.2(b)(i) varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
(i) Employees will be paid an all-purpose industry allowance of $59.30 per week.
(ii) The industry allowance recognises and is in payment for all aspects of work in the industry, including but not limited to the location and nature of hydrocarbons operations, dislocation, clothing, boiler cleaning, dirt, wet, height, fumes, heat, cold, confined space, and all other disabilities not expressly dealt with under clause 20.2.
(c) Licence allowance—electricians
[20.2(c) varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
An employee who is required by their employer to hold an Electrical Technicians licence (or equivalent) will be paid an all-purpose allowance of $28.76 per week.
[20.2(d) varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
Leading hands must be paid a weekly allowance of:
|
Leading hands in charge of: |
$ per week |
|
3–10 employees |
28.26 |
|
11–20 employees |
44.68 |
|
More than 20 employees |
56.52 |
(e) Living away from home allowance
(i) The following allowance only applies to employees required to undertake remote work.
[20.2(e)(ii) varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
(iii) This allowance is paid in compensation for isolation, the types of amenities and facilities available at the remote workplace and sharing accommodation.
20.3 Expense-related allowances
(a) Meal allowance for overtime work
[20.3(a) varied by PR719033, PR729505, PR740911, PR762338 ppc 01Jul23]
An employee will be paid a meal allowance of $19.36 on each occasion that the employee is entitled to a rest break during overtime work, provided that an allowance is not required to be paid if the employer:
(i) provides a meal or meal-making facilities;
(ii) notified the employee no later than the previous day or shift that the employee would be required to work the overtime; or
(iii) the employee is entitled to receive a living away from home allowance.
(b) Stand-by allowance
Where the employer requires an employee to be on stand-by at a place away from the employee’s home, the employer must:
(i) reimburse the employee for the cost of reasonable board and accommodation; or
(ii) provide reasonable board and accommodation within a reasonable distance of the place where the employee is required to be on stand-by.
[20.3(c) varied by PR719033, PR729505, PR740911, PR762338 ppc 01Jul23]
An employee who is required by the employer to supply and maintain tools ordinarily required in the performance of work will be paid an allowance of $17.46 per week.
20.4 Point of assembly—remote work
(i) provide transport; or
(ii) reimburse the employee for the cost of transport
between the nominated assembly point and the workplace, and return.
(b) The minimum rates of pay set out in clause 16—Minimum rates include compensation for 4 hours of travelling time at the beginning and the end of each work cycle.
(c) Where, under normal circumstances, travelling time between a nominated assembly point and a workplace exceeds 4 hours at a given location, the employer will pay travelling time at the employee’s ordinary rate of pay for their classification under clause 16—Minimum rates for the period in excess of 4 hours up to a maximum of 12 hours for any one journey.
(d) If an employee is dismissed at the workplace, the employer will either provide transport or reimburse the employee for the cost of transportation from the workplace to the designated assembly point.
[20 renumbered as 21 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
21.1 For the purposes of clause 21, the following definitions will apply:
(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.
21.2 Entitlement to accident pay
The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum period of 52 weeks.
21.3 Calculation of the period
(a) The 52 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 52 week period.
(b) The termination by the employer of the employee’s employment within the 52 week period will not affect the employee’s entitlement to accident pay.
(c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.
21.4 When not entitled to payment
An employee will not be entitled to any payment under clause 21 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
If an employee entitled to accident pay under clause 21 returns to work on reduced hours or modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.
21.6 Redemptions
In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers compensation legislation, the liability of the employer to pay accident pay as herein provided will cease from the date the employee receives that payment.
21.7 Damages independent of the Acts
Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 21 and the employee will not be entitled to any further accident pay thereafter.
21.8 Casual employees
For a casual employee, the weekly payment referred to in clause 21.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments.
[21 renumbered as 22 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
22.1 Superannuation contributions for defined benefit members
An employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.
Part 5—Overtime and Penalty Rates
[Renumbered as 23 by PR716597; corrected by PR716890; varied by PR723912, PR763267]]
(a) For a full-time employee, overtime is any time worked in addition to the employee’s ordinary hours worked in accordance with clause 13—Ordinary hours of work.
(b) For a part-time employee, overtime is any time worked in excess of the part-time employee’s ordinary hours of work in clauses 10—Part-time employees and 13—Ordinary hours of work.
(c) For a casual employee overtime is any time worked in excess of the ordinary hours prescribed for casual employees in clauses 11—Casual employees and 13—Ordinary hours of work.
[23.2 renamed by PR723912 ppc 20Nov20]
(a) Monday to Saturday
[23.2(a) substituted by PR723912 ppc 20Nov20]
An employee will be paid for overtime worked on Monday to Saturday, except where provided otherwise in clause 23.2, at the rate of:
(i) 150% of the ordinary hourly rate for the first 2 hours; and
(ii) 200% of the ordinary hourly rate after 2 hours.
(b) Sunday
An employee will be paid 200% of the ordinary hourly rate for overtime worked at any time on a Sunday.
An employee will be paid 250% of the ordinary hourly rate for overtime worked on a public holiday.
(d) Recall
An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of 4 hours or will be paid for a minimum of 4 hours’ work at the applicable overtime rate in circumstances where the employee is engaged for a lesser period.
23.3 Payment for working overtime—casual employees—other than continuous shiftworkers
[New 23.3 inserted by PR723912 ppc 20Nov20]
(a) Monday to Saturday
An employee will be paid for overtime worked on Monday to Saturday, except where provided otherwise in clause 23.3, at the rate of:
(i) 175% of the ordinary hourly rate for the first 2 hours; and
(ii) 225% of the ordinary hourly rate after 2 hours.
(b) Sunday
An employee will be paid 225% of the ordinary hourly rate for overtime worked at any time on a Sunday.
(c) Public holiday
An employee will be paid 275% of the ordinary hourly rate for overtime worked on a public holiday.
(d) Recall
An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of 4 hours or will be paid for a minimum of 4 hours’ work at the applicable overtime rate in circumstances where the employee is engaged for a lesser period.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 23.2.
23.4 Payment for working overtime—continuous shiftworkers
[23.3 renumbered as 23.4 by PR723912 ppc 20Nov20]
A continuous shiftworker will be paid 200% of the ordinary hourly rate for all overtime the employer requires the continuous shiftworker to perform.
23.5 Time off instead of payment for overtime
[23.4 renumbered as 23.5 by PR723912 ppc 20Nov20]
(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 23.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 23.5 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 23.5 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 23.5 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 23.5 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 23.5(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 23.5 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 23.5 will apply, including the requirement for separate written agreements under clause 23.5(b) for overtime that has been worked.
[Note varied by PR763267 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 23.5 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 23.5.
[23.5 renumbered as 23.6 by PR723912 ppc 20Nov20]
(a) When computing overtime payments, each day or shift worked will stand alone.
(b) Any payments under clause 23 are in substitution of any other loadings or penalty rates.
23.7 Rest breaks during overtime
[23.6 renumbered as 23.7 by PR723912 ppc 20Nov20]
(a) An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked, if the employee is required to continue work after the rest break.
(b) The employer and an employee may agree to any variation of clause 23.7 to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 23.7.
23.8 Minimum break after overtime
[23.7 renumbered as 23.8 by PR723912 ppc 20Nov20]
A minimum break after overtime is provided in accordance with clause 15.4.
[23 renumbered as 24 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
afternoon shift means any shift finishing after 7.00 pm and at or before midnight
continuous shiftworker means an employee engaged in an enterprise in which shifts are continuously rostered 24 hours per day, 7 days per week and who is rostered regularly to work those shifts and works regularly on Sundays and public holidays
day shift means any shift finishing after noon and at or before 7.00 pm
night shift means any shift finishing after midnight and at or before noon
permanent night shift means when an employee who:
(a) during a period of engagement on shiftwork works night shift only; or
(b) remains on night shift for a longer period than 4 consecutive weeks; or
(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of their working time off in each shift cycle
shiftworker means an employee for the time being required by the employer to work in a system of shifts, being day shifts, afternoon shifts, night shifts or any of them, or a continuous shiftworker
24.2 Calculation of penalty rates
Any payments under clause 24 are in substitution of any other loadings or penalty rates.
24.3 Shiftwork rates
(a) A shiftworker or continuous shiftworker must be paid 115% of the ordinary hourly rate for each ordinary hour worked on afternoon shift or night shift.
24.4 Saturday work
For all ordinary hours worked on a Saturday an employee will be paid:
(a) 150% of the ordinary hourly rate for the first 2 hours; and
(b) 200% of the ordinary hourly rate thereafter.
An employee will be paid 200% of the ordinary hourly rate for all ordinary hours worked on a Sunday.
An employee will be paid 250% of the ordinary hourly rate for all ordinary hours worked on a public holiday.
For the avoidance of doubt, clause 24 does not apply in respect of additional hours worked where an employee voluntarily swaps shifts with another employee.
Part 6—Leave and Public Holidays
[24 renumbered as 25 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20; varied by PR751077]
25.1 Annual leave is provided for in the NES.
25.2 Clause 25 of the award supplements the provisions of the NES which deal with annual leave. Annual leave does not apply to casual employees.
25.3 For the purposes of the provisions of the NES which deal with annual leave, shiftworker means a continuous shiftworker.
25.4 Arrangements for taking leave
(a) Where an employee works in a remote location or on cycle work made up of working days and non-working days, a period of paid annual leave includes working and non-working days during the period.
(b) Where an employee works in a remote location or on cycle work made up of working days (on-duty period) and non-working days (off-duty period), an employer may reasonably require that:
(i) any period or periods of annual leave taken by the employee must be a multiple of the on-duty period under the employee’s work cycle roster; or
(ii) the employee take annual leave as provided in the roster cycle.
The amount to be paid to an employee prior to going on leave must be worked out on the basis of the greater of:
(b) the employee’s minimum rate of pay for ordinary hours under clause 16—Minimum rates of this award plus an annual leave loading of 17.5%.
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).
25.6 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 25, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave. The amount to be paid must be worked out in accordance with clause 25.5.
25.7 Direction to take annual leave during shutdown or lay-ups
[25.7 renamed and substituted by PR751077 ppc 01May23]
(a) Clause 25.7 applies if:
(i) an employer intends to shut down all or part of its operation for a particular period (temporary shutdown period); or
(ii) it is necessary for a drilling rig to lay-up for repairs, survey or maintenance or where the rig cannot be usefully employed for any cause beyond the employer’s control (lay-up period); and
(iii) the employer wishes to require affected employees to take paid annual leave during that period.
(b) The employer must give the affected employees:
(i) 28 days’ written notice of a temporary shutdown period; or
(ii) one week’s written notice of a lay-up period
(c) or any shorter period agreed between them and the majority of relevant employees.
(d) The employer must give written notice of a temporary shutdown period or lay-up period to any employee who is engaged after the notice is given under clause 25.7(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown or lay-up period.
(f) A direction by the employer under clause 25.7(d):
(i) must be in writing; and
(ii) must be reasonable.
(g) The employee must take paid annual leave in accordance with a direction under clause 25.7(d).
(h) In respect of any part of a temporary shutdown or lay-up period which is not the subject of a direction under clause 25.7(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.
(i) An employee may take annual leave in advance during a temporary shutdown period or lay-up period in accordance with an agreement under clause 25.12.
(j) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 25.12, to which an entitlement has not been accrued, is to be taken into account.
(k) Clauses 25.8 to 25.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period or lay-up period in accordance with clause 25.7.
25.8 Excessive leave accruals: general provision
NOTE: Clauses 25.8 to 25.10 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 25.3).
(c) Clause 25.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 25.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
25.9 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 25.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 25.9(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.8, 25.9 or 25.10 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under 25.9(a) that is in effect.
(d) An employee to whom a direction has been given under 25.9(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 25.9(d) may result in the direction ceasing to have effect. See clause 25.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
25.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 25.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 25.10(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 25.9(a) that, when any other paid annual leave arrangements (whether made under clause 25.8, 25.9 or 25.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 25.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.8, 25.9 or 25.10 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 25.10(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 25.3) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 25.10(a).
25.11 Taking of annual leave over an extended period
An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. For example, it may be agreed that the leave period is doubled and taken on half pay.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 25.12 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 25.12 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 25.12, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
25.13 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.13.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.13.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 25.13 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 25.13 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 25.13 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 25.13.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.13.
NOTE 3: An example of the type of agreement required by clause 25.13 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.
26. Personal/carer’s leave and compassionate leave
[25 renumbered as 26 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
Personal/carer’s leave and compassionate leave are provided for in the NES.
27. Parental leave and related entitlements
[26 renumbered as 27 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20; varied by PR763267 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 33—Dispute resolution and/or under section 76B of the Act.
[27 renumbered as 28 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
Community service leave is provided for in the NES.
29. Family and domestic violence leave
[28 renumbered as 29 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20; 29—Unpaid family and domestic violence leave renamed and substituted byPR750490 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.
[29 renumbered as 30 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20, Paragraph in 30 varied by PR747372]
30.1 Public holidays are provided for in the NES.
30.2 Where an employee works on a public holiday they will be paid in accordance with clauses 23.2(c) or 24.6.
30.3 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
30.4 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.
[30.5 deleted by PR747372 ppc14Nov22]
Part 7—Consultation and Dispute Resolution
31. Consultation about major workplace change
[30 renumbered as 31 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
31.1 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.
31.2 For the purposes of the discussion under clause 31.1(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.
31.3 Clause 31.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
31.4 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 31.1(b).
31.5 In clause 31 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.
31.6 Where this award makes provision for alteration of any of the matters defined at clause 31.5, such alteration is taken not to have significant effect.
32. Consultation about changes to rosters or hours of work
[31 renumbered as 32 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20]
32.1 Clause 32 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.
32.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 32.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
32.4 The employer must consider any views given under clause 32.3(b).
32.5 Clause 32 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[32 renumbered as 33 by PR716597 ppc 01Mar20; corrected by PR716890 ppc 01Mar20; varied by PR763267]
33.1 Clause 33 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
33.3 If the dispute is not resolved through discussion as mentioned in clause 33.2, 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.
33.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 33.2 and 33.3, a party to the dispute may refer it to the Fair Work Commission.
33.5 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.
33.6 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.
33.7 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 33.
33.8 While procedures are being followed under clause 33 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.
33.9 Clause 33.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763267 ppc 01Aug23]
NOTE 1: In addition to clause 33, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763267 ppc 01Aug23]
NOTE 2: In addition to clause 33, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8—Termination of employment and Redundancy
[33 renumbered as 34 and corrected by PR716890 ppc 01Mar20]
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
34.1 Notice of termination by an employee
(a) Clause 34.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 34.1(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 34.1(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 34.1(b), then no deduction can be made under clause 34.1(d).
(f) Any deduction made under clause 34.1(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 34.2 is to be taken at times that are convenient to the employee after consultation with the employer.
[34 renumbered as 35 and corrected by PR716890 ppc 01Mar20]
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
35.1 Transfer to lower paid duties on redundancy
(a) Clause 35.1 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 35.1(c).
(c) If the employer acts as mentioned in clause 35.1(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.
35.2 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 35 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.
35.3 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 35.3(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 35.3(b).
(d) An employee who fails to produce proof when required under clause 35.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 34.2.
Schedule A—Classification and Structure
[Varied by PR743434]
A.1 The schedule sets out the classification structure that will apply to all employees covered by this award.
A.2 Classification and progression principles
A.2.1 Classification
In each of the classifications under this award it is a requirement that an employee must:
(a) perform work in a fully flexible manner as reasonably required by the employer and in accordance with the employee’s ability and competence;
(b) acquire any skills as reasonably requested by the employer and, where necessary, undertake required training and assist with the training of others; and
(c) use such tools and equipment as may be required, subject to the limit of the employee’s skills and competence and provided that the employee has been properly trained in the use of such tools and equipment.
A.2.2 Progression
An employee will progress through the classification levels subject to:
(a) possessing the applicable skills for the level; and
(b) being required by the employer to perform work at that level.
Progression from Level 4 and above will be subject to the employee being appointed by the employer.
A.3 Classification groups
A.3.1 Hydrocarbons Industry Services Employees
A Hydrocarbons Industry Services Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: clerical and administrative duties; labouring; assisting drilling and processing employees, and tradespersons; rigging, scaffolding; cargo-handling, operation of plant and equipment; maintenance work on plant, equipment or buildings; performance of general plant, stores and materials, workshop, warehouse and packaging tasks; performance of first aid; preparing and cleaning equipment and materials; and on site catering, accommodation, cleaning and security.
A.3.2 Hydrocarbons Industry Onshore Drilling Employees
A Hydrocarbons Industry Onshore Drilling Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: onshore hydrocarbons activities (including any activities under the industry services stream, including labouring, sampling, drilling, processing, production and delivery activities); operation and maintenance of onshore hydrocarbons plant and equipment (including pumps, drilling equipment; derricks and forklifts); preparation of tubing and piping; erecting and dismantling drilling rigs; and minor engine maintenance.
A.3.3 Hydrocarbons Industry Offshore Drilling Employees
A Hydrocarbons Industry Offshore Drilling Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: offshore hydrocarbons activities (including any activities under the industry services stream, including labouring, sampling, drilling, processing, production and delivery activities); and operation and maintenance of offshore hydrocarbons plant and equipment (including pumps, drilling equipment, derricks, forklifts and rig deck cranes); preparation of tubing and piping; erecting and dismantling drilling rigs; and minor engine maintenance.
A.3.4 Hydrocarbons Industry Operations and Processing Employees
A Hydrocarbons Industry Operations and Processing Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: operating and adjusting all hydrocarbons plant equipment (and associated control panels) utilised in hydrocarbons industry extraction, separation, production and processing, piping, storage, distribution and delivery; maintaining plant productivity; and laboratory technicians providing services on such plant.
A.3.5 Hydrocarbons Industry Modification and Maintenance Trades Employees
A Hydrocarbons Industry Modification and Maintenance Trades Employee is designated as such by their employer, performs all tasks onshore or offshore as directed by their employer and is trade qualified.
A.4 Classification structure
A.4.1 Entry Level—Introductory
(a) An employee at this level is undertaking the standard induction training required for the operation or business. Such training covers: conditions of employment; plant safety; first aid procedures; movement around the site; work and documentation procedures; quality control and quality assurance; and introduction to supervisors and fellow workers. Employees at this level perform routine duties under direct supervision.
(b) This level applies to the following classification groups:
· Hydrocarbons Industry Services; Hydrocarbons Industry Onshore Drilling; Hydrocarbons Industry Offshore Drilling; Hydrocarbons Industry Operations and Processing.
A.4.2 Level 1—Basic
(a) An employee at this level will have completed the standard induction training and have been assessed to be able to competently carry out the basic and semi-skilled work required for this level.
(b) This level applies to the following classification groups:
· Hydrocarbons Industry Services; Hydrocarbons Industry Onshore Drilling; Hydrocarbons Industry Offshore Drilling; Hydrocarbons Industry Operations and Processing.
A.4.3 Level 2—Intermediate
(a) An employee at this level will have been assessed as being competent to carry out semi-skilled work on a broad range of plant and equipment functions. The employee exercises discretion within their level of skill and is responsible for the quality of the work subject to routine supervision.
(b) This level applies to the following classification groups:
· Hydrocarbons Industry Services; Hydrocarbons Industry Onshore Drilling; Hydrocarbons Industry Offshore Drilling; Hydrocarbons Industry Operations and Processing.
A.4.4 Level 3—Competent
(a) An employee at this level will have been assessed as being competent to apply skills and knowledge in complex but routine situations where discretion and judgment are involved. The skills and knowledge are acquired through the completion of a trade certificate, or through practical experience, which has equipped the employee with an equivalent level of skills and knowledge.
(b) An employee at this level can plan tasks, select equipment and appropriate procedures from known alternatives and takes responsibility for the work of others. An employee at this level requires only limited supervision or guidance.
(c) An employee at this level understands and applies quality control techniques; exercises discretion within the scope of this level; performs work under limited supervision; operates all equipment incidental to the work; and assists in the provision of on-the-job training.
(d) This level applies to the following classification groups:
· Hydrocarbons Industry Onshore Drilling; Hydrocarbons Industry Offshore Drilling; Hydrocarbons Industry Operations and Processing; Hydrocarbons Industry Modification and Maintenance Trades.
A.4.5 Level 4—Advanced
(a) An employee at this level will have met the requirements for Level 3 and been assessed as being competent to perform tasks which require in depth skill or knowledge, or the employee is assessed as having the integration of a broad range of skills. The work may be of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.
(b) The level of skills or knowledge required to perform this work will involve the completion of post trade training appropriate for this level, or through the acquisition of practical skills and knowledge which has equipped the employee with the equivalent level of skills and knowledge.
(c) An employee at this level will provide guidance, assistance to others and may supervise employees below Level 4.
(d) This level applies to the following classification groups:
· Hydrocarbons Industry Offshore Drilling; Hydrocarbons Industry Operations and Processing; Hydrocarbons Industry Modification and Maintenance Trades.
A.4.6 Level 5—Advanced Specialist
(a) An employee at this level will have met the requirements for Level 4 and holds a trade qualification used in the operation and has acquired additional knowledge by having satisfactorily completed a prescribed post-trade course appropriate for this level or the achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means including in‑plant training or on‑the-job experience.
(b) An employee at this level will provide guidance, assistance to others and may supervise employees below Level 5.
(c) This level applies to the following classification groups:
· Hydrocarbons Industry Modification and Maintenance Trades.
A.4.7 Level 6—Dual Trade
(a) An employee at this level will have met the requirements for Level 5 and holds a dual trade qualification or equivalent prescribed post-trade course used in the operation and has acquired additional knowledge enabling the employee to apply dual trade skills or an equivalent level of high precision specialised trade skills.
[A.4.7(b) varied by PR743434 ppc 11Jul22]
(c) An employee at this level will provide guidance, assistance to others and may supervise employees below Level 6.
(d) This level applies to Hydrocarbons Industry Modification and Maintenance Trades.
A.4.8 Level 7—Dual Trade Instrument Technician
(a) An employee at this level will have met the requirements for Level 6 and have acquired further additional knowledge by having satisfactorily completed a prescribed post-trade course or an advanced trade equivalent enabling the employee to apply advanced dual trade instrument electrical technician skills.
(b) This level applies to Hydrocarbons Industry Modification and Maintenance Trades.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718880, PR729320, PR740745, PR762171]
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate includes the industry allowance (clause 20.2(b)) which is payable for all purposes.
B.1.2 Where an allowance is payable for all purposes in accordance with clause 20.2(a)(ii), this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
B.2 Full-time and part-time employees
B.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
[B.2.1 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
||||
|
|
|
% of ordinary hourly rate 1 |
|||
|
|
100% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Entry Level—Introductory |
24.96 |
37.44 |
49.92 |
49.92 |
62.40 |
|
Level 1—Basic |
26.06 |
39.09 |
52.12 |
52.12 |
65.15 |
|
Level 2—Intermediate |
26.97 |
40.46 |
53.94 |
53.94 |
67.43 |
|
Level 3—Competent |
27.74 |
41.61 |
55.48 |
55.48 |
69.35 |
|
Level 4—Advanced |
29.49 |
44.24 |
58.98 |
58.98 |
73.73 |
|
Level 5—Advanced Specialist |
31.31 |
46.97 |
62.62 |
62.62 |
78.28 |
|
Level 6—Dual Trade |
32.77 |
49.16 |
65.54 |
65.54 |
81.93 |
|
Level 7—Dual Trade Instrument Technician |
34.04 |
51.06 |
68.08 |
68.08 |
85.10 |
B.2.2 Full-time and part-time employees other than shiftworkers—overtime rates
[B.2.2 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday – all day |
Public holiday – all day |
|
|
First 2 hours |
After 2 hours |
|||
|
% of ordinary hourly rate 1 |
||||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Entry Level—Introductory |
37.44 |
49.92 |
49.92 |
62.40 |
|
Level 1—Basic |
39.09 |
52.12 |
52.12 |
65.15 |
|
Level 2—Intermediate |
40.46 |
53.94 |
53.94 |
67.43 |
|
Level 3—Competent |
41.61 |
55.48 |
55.48 |
69.35 |
|
Level 4—Advanced |
44.24 |
58.98 |
58.98 |
73.73 |
|
Level 5—Advanced Specialist |
46.97 |
62.62 |
62.62 |
78.28 |
|
Level 6—Dual Trade |
49.16 |
65.54 |
65.54 |
81.93 |
|
Level 7—Dual Trade Instrument Technician |
51.06 |
68.08 |
68.08 |
85.10 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.2.3 Shiftworkers—ordinary and penalty rates
[B.2.3 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
|
|
Shift |
Saturday |
Sunday |
Public holiday |
|||
|
Afternoon |
Night |
Permanent night |
First 2 hours |
After 2 hours |
|||
|
|
% of ordinary hourly rate 1 |
||||||
|
|
115% |
115% |
130% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Entry Level—Introductory |
28.70 |
28.70 |
32.45 |
37.44 |
49.92 |
49.92 |
62.40 |
|
Level 1—Basic |
29.97 |
29.97 |
33.88 |
39.09 |
52.12 |
52.12 |
65.15 |
|
Level 2—Intermediate |
31.02 |
31.02 |
35.06 |
40.46 |
53.94 |
53.94 |
67.43 |
|
Level 3—Competent |
31.90 |
31.90 |
36.06 |
41.61 |
55.48 |
55.48 |
69.35 |
|
Level 4—Advanced |
33.91 |
33.91 |
38.34 |
44.24 |
58.98 |
58.98 |
73.73 |
|
Level 5—Advanced Specialist |
36.01 |
36.01 |
40.70 |
46.97 |
62.62 |
62.62 |
78.28 |
|
Level 6—Dual Trade |
37.69 |
37.69 |
42.60 |
49.16 |
65.54 |
65.54 |
81.93 |
|
Level 7—Dual Trade Instrument Technician |
39.15 |
39.15 |
44.25 |
51.06 |
68.08 |
68.08 |
85.10 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.2.4 Shiftworkers—overtime rates
[B.2.4 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
Continuous shiftworker—Monday to Sunday |
|
|
First 2 hours |
After 2 hours |
||||
|
% of ordinary hourly rate 1 |
|||||
|
|
150% |
200% |
200% |
250% |
200% |
|
$ |
$ |
$ |
$ |
$ |
|
|
Entry Level—Introductory |
37.44 |
49.92 |
49.92 |
62.40 |
49.92 |
|
Level 1—Basic |
39.09 |
52.12 |
52.12 |
65.15 |
52.12 |
|
Level 2—Intermediate |
40.46 |
53.94 |
53.94 |
67.43 |
53.94 |
|
Level 3—Competent |
41.61 |
55.48 |
55.48 |
69.35 |
55.48 |
|
Level 4—Advanced |
44.24 |
58.98 |
58.98 |
73.73 |
58.98 |
|
Level 5—Advanced Specialist |
46.97 |
62.62 |
62.62 |
78.28 |
62.62 |
|
Level 6—Dual Trade |
49.16 |
65.54 |
65.54 |
81.93 |
65.54 |
|
Level 7—Dual Trade Instrument Technician |
51.06 |
68.08 |
68.08 |
85.10 |
68.08 |
B.3 Casual employees
B.3.1 Casual employees other than shiftworkers—ordinary and penalty rates
[B.3.1 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
First 2 hours |
After 2 hours |
||||
|
|
% of ordinary hourly rate 1 |
||||
|
|
125% |
175% |
225% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Entry Level—Introductory |
31.20 |
43.68 |
56.16 |
56.16 |
68.64 |
|
Level 1—Basic |
32.58 |
45.61 |
58.64 |
58.64 |
71.67 |
|
Level 2—Intermediate |
33.71 |
47.20 |
60.68 |
60.68 |
74.17 |
|
Level 3—Competent |
34.68 |
48.55 |
62.42 |
62.42 |
76.29 |
|
Level 4—Advanced |
36.86 |
51.61 |
66.35 |
66.35 |
81.10 |
|
Level 5—Advanced Specialist |
39.14 |
54.79 |
70.45 |
70.45 |
86.10 |
|
Level 6—Dual Trade |
40.96 |
57.35 |
73.73 |
73.73 |
90.12 |
|
Level 7—Dual Trade Instrument Technician |
42.55 |
59.57 |
76.59 |
76.59 |
93.61 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.
B.3.2 Casual shiftworkers—ordinary and penalty rates
[B.3.2 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
|
|
Shift |
Saturday |
Sunday |
Public holiday |
|||
|
|
Afternoon |
Night |
Permanent night |
First 2 hours |
After 2 hours |
||
|
|
% of ordinary hourly rate 1 |
||||||
|
|
140% |
140% |
155% |
175% |
225% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Entry Level—Introductory |
34.94 |
34.94 |
38.69 |
43.68 |
56.16 |
56.16 |
68.64 |
|
Level 1—Basic |
36.48 |
36.48 |
40.39 |
45.61 |
58.64 |
58.64 |
71.67 |
|
Level 2—Intermediate |
37.76 |
37.76 |
41.80 |
47.20 |
60.68 |
60.68 |
74.17 |
|
Level 3—Competent |
38.84 |
38.84 |
43.00 |
48.55 |
62.42 |
62.42 |
76.29 |
|
Level 4—Advanced |
41.29 |
41.29 |
45.71 |
51.61 |
66.35 |
66.35 |
81.10 |
|
Level 5—Advanced Specialist |
43.83 |
43.83 |
48.53 |
54.79 |
70.45 |
70.45 |
86.10 |
|
Level 6—Dual Trade |
45.88 |
45.88 |
50.79 |
57.35 |
73.73 |
73.73 |
90.12 |
|
Level 7—Dual Trade Instrument Technician |
47.66 |
47.66 |
52.76 |
59.57 |
76.59 |
76.59 |
93.61 |
1 Ordinary hourly rate includes the industry allowance payable to all employees for all-purposes. Any additional all-purpose allowances applicable need to be added to these rates.
Schedule C—Summary of Monetary Allowances
[Varied by PR718880, PR719033, PR729320, PR729505, PR740745, PR740911, PR750818, PR762171, PR762338]
C.1 Wage-related allowances
[C.1.1 varied by PR718880, PR729320, PR740745, PR762171 ppc 01Jul23]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Level 3 employee in clause 16.1 = $995.00.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Industry allowance1 |
20.2(b)(i) |
5.96 |
59.30 |
per week |
|
Licence allowance—electricians2 |
20.2(c) |
2.89 |
28.76 |
per week |
|
Leading hands in charge of—3 to 10 employees |
20.2(d) |
2.84 |
28.26 |
per week |
|
Leading hands in charge of—11 to 20 employees |
20.2(d) |
4.49 |
44.68 |
per week |
|
Leading hands in charge of—More than 20 employees |
20.2(d) |
5.68 |
56.52 |
per week |
|
Living away from home allowance—employees required to undertake remote work only |
20.2(e)(ii) |
6.0 |
59.70 |
per day or part thereof |
1, 2 These allowances apply for all purposes of this award
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750818 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 PR719033, PR729505, PR740911, PR762338 ppc 01Jul23]
C.2.1 The expense-related allowances will be adjusted by reference to the Consumer Price Index (CPI) as per the following:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—overtime |
20.3(a) |
19.36 |
per occasion |
|
Tool allowance |
20.3(c) |
17.46 |
per week |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, an expense related allowance set out in clause 20.3 will be increased by the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) For clause 20.3 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 Index figure |
|
Overtime meal allowance |
Take-away and fast foods sub-group |
|
Tool allowance |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
Schedule D—School-based Apprenticeships
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]
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 ppc 01Jul23]
E.4.2 Provided that the minimum amount payable must be not less than $102 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 ppc 01Jul23]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 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___
|
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 PR747372 ppc14Nov22]
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