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Surveying Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777296 and PR778034).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
14A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR718141, PR742720, PR747375, PR750550, PR774778, PR778034]
15. Rostering arrangements—full-time and part-time employees.................................. 14
Schedule F —Agreement for Time Off Instead of Payment for Overtime.............................. 67
Part 1—Application and Operation of this award
1.1 This award is the Surveying Award 2020.
[Varied by PR733864, PR774778, PR777296]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
[Definition of casual employee inserted by PR733864 from 27Sep21; varied by PR777296 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774778 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774778 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
Graduate surveyor means a person who possesses a bachelor degree in a relevant spatial discipline and who is eligible for admission as an Associate Member—Graduate of the Surveying and Spatial Sciences Institute.
Licensed/Registered surveyor is an employee who is required to be registered in accordance with the provisions of relevant legislation, and/or endorsed (if required), and qualified to carry out surveying duties.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
professional surveying duties means duties carried out by a person with Graduate qualifications acceptable to Surveying and Spatial Sciences Institute for admission to the grade of Associate member.
Professional surveyor has the meaning given in clause 4.2.
[Definition of small business employer inserted by PR774778 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly rate for a Level 10 in clause 17.1.
[Definition of workplace delegate inserted by PR774778 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This occupational award covers employers throughout Australia who employ professional surveyors and other employees in the classifications listed in Schedule A—Classification Structure and Definitions and their employees to the exclusion of any other modern award.
4.3 This award covers any employer which supplies on-hire employees in classifications set out in Schedule A—Classification Structure and Definitions and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for trainees engaged in any of the classifications set out in Schedule A—Classification Structure and Definitions and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover employees of a local government covered by another award.
4.6 This award does not cover:
(a) an employee excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
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 PR763271 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
7.1 Agreement to vary award provisions
(a) This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 7.2(a) and 7.3(a).
(b) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions would be applied in practice.
(c) Facilitative provisions are not a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award.
7.2 Facilitation by individual agreement
|
Clause title |
Clause number |
|
Part-time hours and variations to them |
10.2 |
|
Accumulation of rostered days off |
15.3 |
|
Meal breaks |
16.1(a) |
|
Payment of wages |
18.1 |
|
Method of payment of wages |
18.2 |
|
Travelling time payment |
19.5(b) |
|
Time off instead of overtime |
21.2 |
|
Alternatives to time off instead of overtime |
21.2 |
|
Change to meal break on overtime |
21.7(a) |
|
Annual leave in advance |
22.3 |
|
Cashing out of annual leave |
22.8 |
|
Substitution of public holidays |
27.3 |
(b) The agreement reached must be kept by the employer as a time and wages record.
7.3 Facilitation by majority agreement
(a) The following facilitative provisions can be utilised only upon agreement between the employer and the majority of employees in the workplace or section or sections of it, provided the requirements of clauses 7.2(b), 7.3(b) and 7.3(c) have been met.
|
Clause title |
Clause number |
|
Spread of hours |
14.2 |
|
Spread of hours during daylight saving |
14.3 |
|
Working less than 5 days |
15.1 |
|
Change to rostered day off |
15.1 |
(b) Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision in clause 7.3(a), that agreement is binding on all such employees.
(d) A vote of employees in the workplace, a section or sections of it, taken in accordance with clause 7.3, to determine if there is a majority employee support for implementation of a facilitative provision, will be of no effect unless taken with the agreement of the employer.
Part 2—Types of Employment and Classifications
8.1 Employees under this award are to be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement the employer must inform each employee in writing of the terms of their engagement and classification.
8.3 Length of service for the purposes of all termination payments under this award are calculated on the basis of the total of:
(a) all periods of full-time employment; and
(b) all periods of part-time employment being converted to the pro rata full-time equivalent.
Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
10.4 For each ordinary hour worked, a part-time employee will be paid the minimum hourly rate prescribed for the work performed.
10.5 The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
10.6 The rates for overtime, Sunday and public holiday work apply respectively for time worked in excess of the specified hours in accordance with clause 10.2.
10.7 An employee whose employment is terminated while working:
(a) part-time after converting from full-time; or
(b) full-time after converting or reverting from part-time;
is entitled to all termination payments under this award at the full-time rate of pay applying to their work.
[Varied by PR723983, PR733864, PR777296]
[11.1 deleted by PR733864 from 27Sep21]
[11.2 renumbered as 11.1 by PR733864 from 27Sep21]
[New 11.3 inserted by PR723983 ppc 20Nov20; renumbered as 11.2 by PR733864 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clauses 21.2 and 21.4(b)
[11.3 renumbered as 11.4 by PR723983, 11.4 renumbered as 11.3 by PR733864 from 27Sep21]
11.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
11.4 Changes to casual employment status
[11.4 renumbered as 11.5 by PR723983; 11.5 renumbered as 11.4 and renamed and substituted by PR733864; renamed and substituted by PR777296 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.
12.1 It is the responsibility of the employees to keep themselves informed of developments in their profession, and to develop their professional knowledge and ability and it is appropriate for employees to be encouraged to undertake self-development programs.
13.1 The classification structure and definitions for employees covered by this award are set out in Schedule A—Classification Structure and Definitions.
13.2 Disclosure of qualifications
An employee who is employed in, or who is an applicant for employment covered by this award will, if and when required to do so by their employer or an employer to whom they have applied for employment, produce to their employer or prospective employer written evidence that they possess or have acquired the qualifications necessary for the classification applied for.
14A. Employee right to disconnect
[14A inserted by PR778034 from 26Aug24]
14A.1 Clause 14A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
14A.2 Clause 14A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
14A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
14A.4 Clause 14A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 21.5.
15. Rostering arrangements—full-time and part-time employees
The employer and the majority of the employees concerned in the establishment or section or sections concerned may agree that the ordinary working hours be worked to enable a weekday to be taken off on a basis to be mutually agreed.
15.2 Notice of rostered days off
(a) The employer must advise the employee at least 4 weeks in advance of the weekday to be taken off.
(b) Rostered days off will be subject to the operational needs of the establishment and having regard to urgent and unforeseen circumstances in which case a substitute day must be arranged by mutual agreement.
Where agreed with the employer, an employee may accumulate up to 5 days’ leave to be taken when mutually convenient.
15.4 Rostered days off—building and construction industry
Where employees subject to this award perform survey work on a recognised building and construction industry site, those employees may work on a prescribed rostered day off which is applicable to that particular site under the following circumstances:
(a) where that is required by the employer and the work is necessary to allow other employees to be employed productively;
(b) to carry out out-of-hours maintenance;
(c) because of unforeseen delays to a particular project or a section of it; or
(d) for other reasons arising from unforeseen or emergency circumstances on a project.
(b) An employee must not be required to work for more than 5 hours without a break for a meal.
16.2 Morning and afternoon tea break
(a) An employee is allowed a rest period of 10 minutes without deduction of pay in the morning at a time fixed by the employer.
(b) An employee is permitted, without ceasing work, to take an afternoon tea break.
[Varied by PR718884, PR729325, PR740749, PR762175, PR773953]
[17.1 varied by PR718884, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]
The classification structure listed below is to be read in conjunction with Schedule A—Classification Structure and Definitions.
|
Wage group |
Minimum weekly rate (full-time employee) |
Minimum hourly
rate |
|
|
$ |
$ |
|
Level 12 |
915.90 |
24.10 |
|
Level 11 |
965.60 |
25.41 |
|
Level 10 |
1032.30 |
27.17 |
|
Level 9 |
1097.10 |
28.87 |
|
Level 8 |
1183.50 |
31.14 |
|
Level 7 |
1207.80 |
31.78 |
|
Level 6 |
1240.10 |
32.63 |
|
Level 5 |
1305.10 |
34.34 |
|
Level 4 |
1337.60 |
35.20 |
|
Level 3 |
1396.20 |
36.74 |
|
Level 2 |
1526.00 |
40.16 |
|
Level 1 |
1720.80 |
45.28 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
17.2 Junior rates
The rate for juniors is the appropriate percentage of the Level 10 rate in accordance with clause 17.1, as follows:
|
Age |
% of Level 10 rate |
|
17 |
52 |
|
18 |
62 |
|
19 |
75 |
|
20 |
88 |
17.4 Professional surveyors/Licensed surveyors receive incremental advancement in accordance with clause A.15.2.
17.5 Phasing in of wage rate of employees without relevant work experience
An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification, but who is without prior experience in the industry or other relevant work experience, is to be paid in accordance with the following formula:
|
Qualification |
Years of relevant work experience |
% of award rate of pay |
|
Diploma |
0 |
77 of Level 7 rate |
|
|
1 |
85 of Level 7 rate |
|
|
2 |
96 of Level 7 rate |
|
|
3 |
100 of Level 7 rate |
|
Advanced diploma |
0 |
72 of Level 5 rate |
|
|
1 |
79 of Level 5 rate |
|
|
2 |
89 of Level 5 rate |
|
|
3 |
93 of Level 5 rate |
|
|
4 |
100 of Level 5 rate |
For school-based apprentices, see Schedule D—School-based Apprentices.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.3 Payment of wages either by cash or by cheque must be made during working hours.
18.4 Where it is known that the employee will be absent from their normal workplace on pay day, the employer must make arrangements for the payment of wages no later than the normal pay day.
18.5 Where an employee is required to work at a location other than their normal place of employment for an extended period, the employer must make prior arrangement for the payment of wages to the employee no later than the normal pay day.
18.6 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 18.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 18.6(b) allows the Commission to make an order delaying the requirement to make a payment under clause 18.6. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR719037, PR729510, PR740916, PR762342, PR774121]
19.1 Employers must pay to an employee the allowances the employee is entitled to under clause 19.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
[19.2(a) varied by PR719037, PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]
[19.2(b) varied by PR719037, PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]
19.3 Fares
(b) The fare which is payable under clause 19.3(a) must enable them to travel economy class, where available.
19.4 Air travel
Air travel will be economy class. In the case of economy air travel the allowance prescribed in clause 19.2 must be paid for each meal period occurring during the duration of the travel, provided the employee did not receive a meal in flight for each period concerned.
(a) Where an employee is directed to work at a place other than their usual place of employment, all time occupied by them on any day in travelling which is in excess of the time normally occupied in travelling when working at their usual place of employment is deemed to be working time.
19.6 Living away from home allowance
An employee required by their employer to work temporarily away from their usual place of employment and, as a result, is required to sleep away from their usual place of residence, is entitled to the following:
(a) fares to and from the place at which their employer requires the employee to work;
(b) all reasonable expenses including board and lodging; and
(c) payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location, such paid time not to exceed 7.6 hours in 24 hours.
[19.7 varied by PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]
In cases where it is mutually agreed that an employee will be required to use their private vehicle during the course of employer’s business, an employee must be paid reasonable compensation, but in no case will they receive payment at a rate less than the equivalent of $0.98 per kilometre so travelled.
[Varied by PR771342]
20.1 Superannuation legislation
[20.1 substituted by PR771342 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 20 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
20.2 Employer contributions
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
20.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.
20.4 Superannuation fund
[20.4 varied by PR771342 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.1(a) to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.1(a) and pay any amount authorised under clauses 20.3(a) or 20.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) Sunsuper;
(c) Tasplan;
(d) Statewide Superannuation Ltd;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.1(a) and pay the amount authorised under clauses 20.3(a) or (b) while the employee is on any paid leave.
Part 5—Overtime and Penalty Rates
21. Overtime and penalty rates
[Varied by PR723983, PR763271]
[21.1 varied by PR723983 ppc 20Nov20]
21.1 An employer must pay a full-time or part-time employee for all authorised time worked in excess of or outside the spread of ordinary hours of duty at the rate of 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate thereafter.
[New 21.2 inserted by PR723983 ppc 20Nov20]
21.2 An employer must pay a casual employee for all authorised time worked in excess of or outside the spread of ordinary hours of duty at the rate of 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after 3 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1 to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.1.
21.3 Time off instead of payment for overtime
[21.2 renumbered as 21.3 by PR723983 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 21.3 must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 21.3 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 21.3 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 21.3 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 21.3 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 21.3(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 21.3 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 21.3 will apply, including the requirement for separate written agreements under clause 21.3(b) for overtime that has been worked.
[Note varied by PR763271 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 21.3 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 21.3.
21.4 Sundays and public holidays
[21.3 renumbered as 21.4 by PR723983 ppc 20Nov20]
[21.4(a) varied by PR723983 ppc 20Nov20]
(i) Sunday—200% of the minimum hourly rate;
(ii) Public holidays (as defined in this award)—250% of the minimum hourly rate.
[New 21.4(b) inserted by PR723983 ppc 20Nov20]
(b) A casual employee must be paid the following rates for work done on Sundays and public holidays, until the employee is relieved from duty:
(i) Sunday—250% of the minimum hourly rate;
(ii) Public holidays (as defined in this award)—312.5% of the minimum hourly rate.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1 to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 21.4(a).
[21.4(b) renumbered as 21.4(c) by PR723983 ppc 20Nov20]
(c) An employee required to work on a Sunday or public holiday for more than 4 hours:
(i) must be allowed a rest break of 20 minutes without deduction of pay after 4 hours of work, if the employee continues work after the rest break; and
(ii) must either be supplied with a meal by the employer or paid the meal allowance as set out in clause 19.2(b).
[21.4 renumbered as 21.5 by PR723983 ppc 20Nov20]
An employee recalled to work overtime, after leaving their employer’s premises or required to work overtime on a Saturday, Sunday or public holiday must be paid for a minimum of 4 hours’ work at the appropriate overtime rate.
21.6 Overtime—rest break
[21.5 renumbered as 21.6 by PR723983 ppc 20Nov20]
An employee working overtime must be allowed a rest break of 20 minutes (paid for at overtime rates) after each 4 hours of overtime worked if the employee continues to work after the rest break.
21.7 Overtime—meal break
[21.6 renumbered as 21.7 by PR723983 ppc 20Nov20]
(a) An employee required to work at least one and a half hours of overtime after working ordinary hours must be allowed a meal break of 20 minutes before starting overtime (paid for at ordinary rates). An employer and employee may agree to any variation of this provision to meet the circumstances of the work at hand provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.
(b) An employee required to work beyond 2 hours after the usual finishing time of work must be provided with an adequate meal or paid a meal allowance as set out in clause 19.2(a).
21.8 Returning home when normal means of transport is not available
[21.7 renumbered as 21.8 by PR723983 ppc 20Nov20]
When an employee working overtime or working on a Sunday or public holiday finishes work at a time when normal means of transport is not available, the employer must provide the employee with a conveyance to their home.
Part 6—Leave and Public Holidays
[Varied by PR751079]
22.1 Annual leave is provided for in the NES.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
22.2 Annual leave loading
During a period of annual leave an employee must receive a loading of 17.5% on the rate of pay they would have been entitled to receive for their ordinary hours had they not been on such leave.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.3 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 22.3 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.3, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
22.4 Excessive leave accruals: general provision
NOTE: Clauses 22.4 to 22.6 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(c) Clause 22.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.5 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.4(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 22.5(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.4, 22.5 or 22.6 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.5(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.5(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.5(d) may result in the direction ceasing to have effect. See clause 22.5(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.6 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.4(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.6(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.5(a) that, when any other paid annual leave arrangements (whether made under clause 22.4, 22.5 or 22.6 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.6(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.4, 22.5 or 22.6 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.6(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.6(a).
22.7 Direction to take annual leave during shutdown
[22.7 renamed and substituted by PR751079 ppc 01May23]
(a) Clause 22.7 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purposes, among other things, of allowing annual leave to the employees concerned or a majority of them (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.7(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.7(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 22.7(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.7(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.3.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 22.3, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.4 to 22.6 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 22.7.
22.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.8.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.8 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.8 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.8 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.8.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.8.
NOTE 3: An example of the type of agreement required by clause 22.8 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763271 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750550 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.
27.1 Public holidays are provided for in the NES.
27.2 All work performed on a public holiday is deemed to be work in excess or outside of ordinary hours of duty and will be paid or compensated for in accordance with clause 21—Overtime and penalty rates.
27.3 Public holidays—process for substitution
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[27.4 deleted by PR747375 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774778 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted PR774778 from 01Jul24]
27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 27A.
27A.2 In clause 27A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
27A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 27A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
27A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 27A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 27A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 27A.
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763271, PR777296, PR778034]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763271; deleted by PR778034 from 26Aug24]
[Note inserted by PR778034 from 26Aug24; varied by PR777296 from 27Aug24]
NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
31.1 Notice of termination by an employee
(a) Clause 31.1 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 31.1(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 31.1(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 31.1(b), then no deduction can be made under clause 31.1(d).
(f) Any deduction made under clause 31.1(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 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 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 32.1(c).
(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
32.2 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 32 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.
32.3 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 32.3(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 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.2.
Schedule A—Classification Structure and Definitions
A.1 Definitions
A.1.1 Surveying means the act or process of determining the form, contour, position, area, height, depth or any other similar particulars of the earth’s surface, whether on land or water or of any natural or artificial features on, below or above any part of that surface or planning the position or the length and direction of the bounding lines of any part of that surface, or of any such natural or artificial features thereof and includes the making or obtaining of a plan of plans thereof.
A.1.2 It includes the acquisition, management, interpretation and analysis of data; the portrayal and dissemination of derived information in written, graphical, numerical, digital, photographic or magnetic media; and associated consulting, design, and plan preparation. In addition and when performed by employees in the classifications listed in Schedule A—Classification Structure and Definitions, Surveying also includes administration, management and technical support activities.
Surveyor means an employee classified at Level 6 or above.
Survey Technician means an employee classified at Level 9, Level 8 or Level 7.
Survey Assistant means an employee classified at Level 12, Level 11 or Level 10.
A.1.3 The words or equivalent where they appear in these definitions mean:
· A qualification recognised as equivalent by a State Training Authority or by a Registered Training Organisation registered by that Authority; or
· Equivalent skill and knowledge gained through on-the-job experience and/or relevant training which can be assessed using relevant competency standards and assessment procedures.
A.2 Accreditation and Regulation
A.2.1 Where registration under state or federal legislation is required to carry out particular types of surveying work (such as cadastral, mining, hydrographic surveying work) at any level, then such registration is mandatory for an employee employed at that level unless responsibility for the work is taken by another surveyor appropriately registered.
A.2.2 Where duties/responsibilities as described in this Schedule A—Classification Structure and Definitions require supervision by a Licensed/Registered Surveyor, such duties/responsibilities must be undertaken with the appropriate supervision by a Licensed/Registered Surveyor as defined in Clause 2—Definitions.
A.3 Level 12 – Survey Assistant Level I (82% relativity)
Survey Assistant Level I is a survey assistant who is capable of working in a team environment and who is aware of safe work practices.
A.3.1 Minimum training and requirements
A Survey Assistant Level I means an employee who holds no relevant qualification but is capable of assisting the surveyor or survey technician.
A.3.2 Duties
Indicative duties under supervision include:
· assisting in field work under direct supervision which may involve the setting up of basic field equipment;
· maintaining and cleaning basic survey equipment; and
· performing general office duties under instruction.
A.4 Level 11 – Survey Assistant Level II (90% relativity)
Survey Assistant Level II is a survey assistant who performs work above and beyond the skills of an employee at Level 12 – Survey Assistant Level I and who is capable of working in a team environment and who is aware of safe work practices.
A.4.1 Minimum training and requirements
A Survey Assistant Level II means a person who has completed a Certificate II or equivalent.
A.4.2 Duties
Indicative duties, under supervision, include:
· setting up surveying instruments;
· maintaining and cleaning basic survey instruments;
· reducing levels; and
· undertaking general office duties.
A.5 Level 10 – Survey Assistant Level III (100% relativity)
Survey Assistant Level III is a survey assistant who performs work above and beyond the skills of an employee at Level 11 – Survey Assistant Level II and who is able to show initiative in the performance of survey tasks and is able to adapt to form part of a team for the purpose of performing surveys.
A.5.1 Minimum training and requirements
A Survey Assistant Level III means a person who:
· has completed 85% towards a Certificate III; or
· equivalent.
A.5.2 Duties
Indicative duties, under supervision include:
· measuring accurately using the correct techniques;
· assisting on field surveys;
· understanding and performing basic survey tasks under instruction;
· reducing basic field measurements; and
· maintaining and calibrating survey equipment.
A.6 Level 9 – Survey Technician Level I (110% relativity)
Survey Technician Level I is a survey technician who works above and beyond an employee at Level 10 – Survey Assistant Level III and who works in a team environment or performs their duties under regular supervision and who possesses a basic understanding of the down loading of field data into computers and basic keyboard skills. In addition employees at this level possess basic mathematical skills enabling the employee to understand EDM measurement and booking techniques and to perform the duties listed below.
A.6.1 Minimum training and requirements
A Survey Technician Level I means a person who:
· has completed 40% towards an Advanced Diploma or 60% towards a Diploma; or
· has completed 85% towards a Certificate IV; or
· equivalent.
A.6.2 Duties
Indicative duties include:
· the competent reduction of levels;
· the accurate transfer of survey information;
· basic plan preparation;
· accurate angular observation;
· efficient field techniques;
· responsibility for the acquisition of data in the field under the immediate supervision of a qualified surveyor or their appointee; and
· measuring accurately.
A.7 Level 8 – Survey Technician Level II (125% relativity)
Survey Technician Level II is a survey technician who works above and beyond an employee at Level 9 – Survey Technician Level I and to the level of their training and who is able to use survey based computer programmes. In addition an employee at this level possesses an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks.
A.7.1 Minimum training and requirements
A Survey Technician Level II means a person who:
· has completed 50% towards an Advanced Diploma or 85% towards a Diploma;
· is an (entry point) Professional Surveyor (3 year graduate); or
· equivalent.
A.7.2 Duties
Indicative duties include:
· providing technical guidance or advice within the scope of this level;
· providing limited technical reports on assigned tasks as directed within the scope of this level;
· carrying out limited engineering surveys to the required accuracy under immediate supervision or direction;
· preparing basic plans using either manual or computer based methods under supervision; and
· undertaking survey computations.
A.8 Level 7 – Surveying Technician Level III (130% relativity)
Surveying Technician Level III is a survey technician who works above and beyond an employee at Level 8 – Survey Technician Level II and to the level of their training and who is able to use survey based computer programmes. In addition an employee at this level will have an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks and a basic knowledge of those aspects of civil engineering, geology, soil and fauna/environmental disciplines relevant for their surveying practice.
A.8.1 Minimum training and requirements
A Survey Technician III (including an acting or part-time party leader) means a person who:
· has completed a Diploma; or
· is a Professional Surveyor who has completed a 4 year degree course, or 3 year degree course plus one year experience; or
· equivalent.
A.8.2 Duties
Indicative duties include:
· providing technical guidance or advice within the scope of this level;
· preparing reports of a technical nature on specific tasks or assignments as directed or within the scope of discretion at this level;
· assisting in the provision of on-the-job training in conjunction with supervisors and trainers;
· carrying out surveys to the required accuracy under supervision or direction;
· preparing plans, using either manual or computer based methods under supervision;
· survey computations;
· obtaining survey information and interpreting this information for drawing, computation or survey needs; and
· being able to use survey based computer programmes.
A.9 Level 6 – Surveyor Level I (135% relativity)
Surveyor Level I is a surveyor who works above and beyond an employee at Level 7 – Surveying Technician Level III, and whose duties may include document research, field and office work and checks on their own work and the leading of groups carrying out field or office work under controlled supervision. Work is carried out under prescribed methods and standards and is reviewed for validity, adequacy, and methodology.
A.9.1 Minimum training and requirements
A Surveyor Level I (including a Party Leader (Supervised/Technical) Surveyor) means an employee who:
· has completed 80% of an Advanced Diploma; or
· is a Professional Surveyor who has completed a degree and experience; or
· equivalent.
A.9.2 Duties
Indicative duties include:
· whilst working under controlled supervision, gathering or setting out field data and collating the resultant or separate information using computer techniques;
· preparing work sheets for engineering surveys and applying all relevant checks to ensure quality of computed work;
· preparing plans to an acceptable standard;
· clearly setting out all computations and checks to surveying work for checking by a Professional Surveyor;
· assisting in the training of staff, maintenance of equipment and office records; and
· assisting in the development of new techniques and procedures.
A.10 Level 5 – Surveyor Level II (145% relativity)
Surveyor Level II (including a Party-Leader) is a surveyor who works above and beyond an employee at Level 6- Surveyor Level I, and who, whilst not requiring supervision for daily tasks, is still responsible to a more senior Professional Surveyor. A Surveyor Level II is able to perform surveys, to the required accuracy for the various types of surveys under direction of a co-ordinator and/or Professional Surveyor. Surveying assignments at this level require judgment with guidance available from more senior surveyors on unusual features.
A.10.1 Minimum training and requirements
A Surveyor Level II (including a Party-Leader) means an employee who:
· has completed an Advanced Diploma; or
· is a Professional Surveyor who has completed a degree and relevant experience; or
· equivalent.
A.10.2 Duties
Indicative duties include:
· interpreting survey information to enable field surveys to relate to previous surveys;
· making adoptions for boundary definitions and present these adoptions with evidence to a Licensed/Registered Surveyor for ratification; and
· preparing reports on the manner in which the surveys were conducted and justification of results.
A.11 Level 4 – Surveyor Level III (150% relativity)
Surveyor Level III is a surveyor who acts above and beyond an employee at Level 5 – Surveyor Level II and, whilst not requiring supervision in the performance of these duties is still responsible to a more senior Professional Surveyor. Work is carried out without detailed supervision, but with guidance on unusual features based on project complexity, and the surveyor is engaged on more complex surveying assignments requiring substantial judgement.
A.11.1 Minimum training and requirements
A Surveyor Level III means an employee who has completed:
· a 3 or 4 year degree; or
· an Advanced Diploma and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level; or
· accredited education and training so as to reach a standard equivalent to a 3 or 4 year degree and who is required to perform the work set out; or
· equivalent.
A.11.2 Duties
Indicative duties include:
· to the level of their experience, co-ordinating other field parties in the performance of their duties;
· carrying out field surveys to a professional standard to the satisfaction of the employer;
· contributing to the improvement of field and office techniques;
· managing computer files and job flow patterns;
· ensuring quality assurance for the areas directly under their control;
· preparing detailed reports on survey results;
· being of such professional attitude and demeanour to enable themselves to represent their employer at meetings; and
· being technically competent in all areas relating to the employee’s speciality.
A.12 Level 3 – Surveyor Level IV (160% relativity)
Surveyor Level IV means a surveyor who has a mature approach to the completion of survey projects and who acts above and beyond an employee at Level 4 – Surveyor Level III. Supervision received is in broad objectives such that direction from management will enable the surveyor to determine whether targets are being reached.
Employees at this level are required to be proficient in and maintain their knowledge of, aspects of law and technology relating to the field of surveying in which the employee practices. At this level an employee’s work is carried out within broad guidelines requiring conformity with overall objectives, project targets, relative priorities and necessary cooperation with other stakeholder units. In addition, employees at this level will have responsibility for improving the skills of those over whom they have direct control and have responsibility for conducting regular checks on Quality Control procedures in place for the surveyor’s place of equipment.
A Surveyor Level IV will include a Licensed/Registered Surveyor who has successfully completed all necessary requirements for registration. Such a qualification however is not mandatory for work at this level.
A.12.1 Minimum training and requirements
A Surveyor Level IV (including an experienced Professional
Surveyor—Experienced/Licensed) means an employee who has completed:
· a 3 or 4 year degree; or
· an Advanced Diploma and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level; or
· accredited education and training so as to reach a standard equivalent to a 3 or 4 year degree and who is required to perform the work set out; or
· equivalent.
A.13 Level 2 – Surveyor Level V (180% relativity)
Surveyor Level V is a senior surveyor whose normal duties require the application of mature surveying knowledge with scope for individual accomplishment and co-ordination of difficult and responsible surveying alignments. They deal with problems for which it is necessary to modify established guides and devise new approaches.
Employees at this level are responsible for the management of complex projects and some business development tasks. They are able to work at an advanced level in project resource allocation, supervision and coordination including liaison with local governments, government agencies and clients, and determination of project technical and financial requirements with a minimum of supervision.
Duties are assigned only in terms of broad objectives, and are reviewed for policy, soundness of approach, accomplishment and general effectiveness. They may plan, direct and co-ordinate the work of other professional surveyors and may also supervise other professional and technical staff.
A.13.1 Minimum training and requirements
A Surveyor Level V (including a Manager Project/Specialist) means an employee who has completed:
· a 3 or 4 year degree to qualify as a Professional surveyor; or
· additional accredited education and training so as to reach a standard equivalent to a 3 or 4 year degree and who is required to perform the work set out above; or
· equivalent.
A.14 Level 1 – Surveyor Level VI (210% relativity)
Surveyor Level VI means a senior surveyor who is required to perform professional surveying work involving considerable independence in approach and demanding a considerable degree of originality, ingenuity and judgment. They require knowledge of more than one field of surveying or are an expert in a particular field of surveying.
Their normal duties may include those included in Level 2 – Surveyor Level V plus strategic business management and development. They are able to work at an advanced level in resource allocation, supervision of staff, complex projects and liaison with local government and other agencies without supervision and make independent decisions on surveying policies and technical functions. Duties are assigned only in terms of broad objectives and are reviewed for policy, soundness of approach, accomplishment and general effectiveness.
A.14.1 Minimum training and requirements
A Surveyor Level VI (including a Manager Business/Specialist) means an employee who has completed:
· a 3 or 4 year degree to qualify as a Professional surveyor; or
· accredited education and training so as to reach a standard equivalent to a 3 or 4 year degree and who is required to perform the work set out above; or
· equivalent.
A.15 Professional surveyor—graduate
A Professional surveyor—graduate, is a Professional surveyor (as defined) and will mean a person who has successfully completed a course of studies approved by the Surveyor’s Board or the Surveying and Spatial Sciences Institute.
A.15.1 Duties
(a) The surveyor undertakes initial professional surveying tasks of limited scope and complexity, such as minor phases of broader assignments, in office, plant, field or laboratory work.
(b) Under supervision from higher level Professional surveyors as to method of approach and requirements, the Professional surveyor—graduate performs normal professional surveying work and exercises individual judgment and initiative in the application of surveying principles, techniques and methods.
(c) In assisting more senior professional surveyors by carrying out tasks requiring accuracy and adherence to prescribed methods or surveying analysis, design or computation, the surveyor draws upon advanced techniques and methods learned during and after the undergraduate course.
(e) Decisions are related to tasks performed, relying upon precedent or defined procedures for guidance. Recommendations are related to solution of problems in connection to the tasks performed.
(f) Work is reviewed by higher level Professional surveyors for validity, adequacy, methods and procedures. With professional development and experience work receives less review, and the Professional surveyor—graduate progressively exercises more individual judgment until the level of competence is achieved.
(g) The Professional surveyor—graduate may assign and check work of technical staff assigned to work on a common project.
A.15.2 Progression to Level 3—Professional surveyor/Licensed surveyor
The Professional surveyor—graduate will receive increments upon the attainment of skills, and demonstration of competence which fulfill the requirements of the following levels in the classification structure as outlined in clause A.15.2.
(a) Graduate 3 year course
|
|
Level |
|
Entry point – Survey Technician Level II (125% relativity) |
8 |
|
Survey Technician Level III (130% relativity) |
7 |
|
Surveyor Level I (135% relativity) |
6 |
|
Surveyor Level II (145% relativity) |
5 |
|
Surveyor Level III (150% relativity) |
4 |
(b) Graduate 4 year course
|
|
Level |
|
Entry point – Survey Technician Level III (130% relativity) |
7 |
|
Surveyor Level I (135% relativity) |
6 |
|
Surveyor Level II (145% relativity) |
5 |
|
Surveyor Level III (150% relativity) |
4 |
A.16 Relativities
The percentage wage relativities to Level 10 in the classification definitions in Clause Schedule A—Classification Structure and Definitions reflect the percentages prescribed in 1990 in Re Metal Industry Award 1984—Part I (M0039 Print J2043) and in the Land Surveyors General Award 1998 (AP787068CRV Print N4014) The minimum wages in this award do not reflect these relativities because some wage increases since 1990 have been expressed in dollar amounts rather than percentages and as a result have altered the relativities.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718884, PR725207, PR729325, PR740749, PR762175, PR773953]
B.1 Full-time and part-time adult employees
B.1.1 Full-time and part-time employees—ordinary and penalty rates
[B.1.1 varied by PR718884, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of minimum hourly rate |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Level 12 |
24.10 |
60.25 |
|
Level 11 |
25.41 |
63.53 |
|
Level 10 |
27.17 |
67.93 |
|
Level 9 |
28.87 |
72.18 |
|
Level 8 |
31.14 |
77.85 |
|
Level 7 |
31.78 |
79.45 |
|
Level 6 |
32.63 |
81.58 |
|
Level 5 |
34.34 |
85.85 |
|
Level 4 |
35.20 |
88.00 |
|
Level 3 |
36.74 |
91.85 |
|
Level 2 |
40.16 |
100.40 |
|
Level 1 |
45.28 |
113.20 |
B.1.2 Full-time and part-time employees—overtime rates
[B.1.2 varied by PR718884, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
|
first 3 hours |
after 3 hours |
||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Level 12 |
36.15 |
48.20 |
48.20 |
60.25 |
|
Level 11 |
38.12 |
50.82 |
50.82 |
63.53 |
|
Level 10 |
40.76 |
54.34 |
54.34 |
67.93 |
|
Level 9 |
43.31 |
57.74 |
57.74 |
72.18 |
|
Level 8 |
46.71 |
62.28 |
62.28 |
77.85 |
|
Level 7 |
47.67 |
63.56 |
63.56 |
79.45 |
|
Level 6 |
48.95 |
65.26 |
65.26 |
81.58 |
|
Level 5 |
51.51 |
68.68 |
68.68 |
85.85 |
|
Level 4 |
52.80 |
70.40 |
70.40 |
88.00 |
|
Level 3 |
55.11 |
73.48 |
73.48 |
91.85 |
|
Level 2 |
60.24 |
80.32 |
80.32 |
100.40 |
|
Level 1 |
67.92 |
90.56 |
90.56 |
113.20 |
B.2 Casual adult employees—ordinary and penalty rates
[B.2 varied by PR718884, PR725207, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of minimum hourly rate |
|
|
|
125% |
312.5% |
|
|
$ |
$ |
|
Level 12 |
30.13 |
75.31 |
|
Level 11 |
31.76 |
79.41 |
|
Level 10 |
33.96 |
84.91 |
|
Level 9 |
36.09 |
90.22 |
|
Level 8 |
38.93 |
97.31 |
|
Level 7 |
39.73 |
99.31 |
|
Level 6 |
40.79 |
101.97 |
|
Level 5 |
42.93 |
107.31 |
|
Level 4 |
44.00 |
110.00 |
|
Level 3 |
45.93 |
114.81 |
|
Level 2 |
50.20 |
125.50 |
|
Level 1 |
56.60 |
141.50 |
Schedule C—Summary of Monetary Allowances
[Varied by PR719037, PR729510, PR740916, PR762342, PR774121]
See clause 19—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
There are no wage-related allowances in this award.
C.2 Expense-related allowances
[C.2.1 varied by PR719037, PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 19—Allowances:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—more than 2 hours’ overtime after usual finishing time |
19.2(a) |
15.56 |
per first and/or subsequent rest break |
|
Meal allowance—more than 4 hours’ work on Sunday or public holiday |
19.2(b) |
15.56 |
per first and/or subsequent rest break |
|
Vehicle allowance—using own vehicle |
19.7 |
0.98 |
per km |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice.
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). 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, all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause E.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.2 Provided that the minimum amount payable must be not less than $106 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
E.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
E.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
E.10 Trial period
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.
Schedule F—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule G—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule H—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
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 PR747375 ppc 14Nov22]
[Schedule X—Additional Measures During the Covid-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR722193, PR723053; deleted by PR742720 ppc 17Jun22]
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past and present.