MA000067

Journalists Published Media Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771343).

Clause(s) affected by the most recent variation(s):

17—Superannuation

 

Table of Contents

[Varied by PR719795, PR741828, PR742720, PR747376, PR750492]

Part 1— Application and Operation of this Award................................................................... 3

1. Title and commencement............................................................................................. 3

2. Definitions..................................................................................................................... 3

3. The National Employment Standards and this award.................................................. 5

4. Coverage....................................................................................................................... 6

5. Individual flexibility arrangements............................................................................... 7

6. Requests for flexible working arrangements................................................................ 9

7. Facilitative provisions................................................................................................... 9

Part 2— Types of Employment and Classifications................................................................. 10

8. Full-time employees................................................................................................... 10

9. Part-time employees.................................................................................................. 10

10. Casual employees....................................................................................................... 11

11. Classifications............................................................................................................. 12

Part 3— Hours of Work............................................................................................................ 15

12. Ordinary hours of work.............................................................................................. 15

13. Breaks......................................................................................................................... 17

Part 4— Wages and Allowances.............................................................................................. 17

14. Minimum rates........................................................................................................... 17

15. Payment of wages....................................................................................................... 19

16. Allowances.................................................................................................................. 20

17. Superannuation.......................................................................................................... 24

Part 5— Overtime, Shiftwork and Weekend Rates................................................................. 26

18. Overtime..................................................................................................................... 26

19. Shiftwork and weekend rates..................................................................................... 30

Part 6— Leave and Public Holidays......................................................................................... 32

20. Annual leave............................................................................................................... 32

21. Personal/carer’s leave and compassionate leave....................................................... 38

22. Parental leave and related entitlements.................................................................... 38

23. Community service leave............................................................................................ 38

24. Family and domestic violence leave........................................................................... 38

25. Public holidays............................................................................................................ 39

Part 7— Consultation and Dispute Resolution........................................................................ 40

26. Consultation about major workplace change............................................................ 40

27. Consultation about changes to rosters or hours of work........................................... 41

28. Dispute resolution...................................................................................................... 42

Part 8— Termination of Employment and Redundancy......................................................... 43

29. Termination of employment....................................................................................... 43

30. Redundancy................................................................................................................ 44

Schedule A —Summary of Hourly Rates of Pay...................................................................... 46

Schedule B —Summary of Monetary Allowances.................................................................. 73

Schedule C —Agreement to Take Annual Leave in Advance.................................................. 75

Schedule D —Agreement to Cash Out Annual Leave.............................................................. 77


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Journalists Published Media Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Varied by PR719795, PR733851]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 16.2(a)).

artist means a person, other than a person solely employed in retouching photographic plates, who prepares for publication:

(a)          original drawings of any kind; or

(b)         creative art of any kind; or

(c)          photographs, drawings, layouts, maps, plans, diagrams, decorations, lettering (including instant or transfer lettering), borders, backgrounds or similar embellishments.

cadet means an employee who is constantly or regularly in training for journalism, press photography or editorial art and who has not become classified as an award level employee.

[Definition of casual employee inserted by PR733851 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

country non-daily newspaper means a newspaper published on less than 5 days a week and which is principally distributed within a regional area, other than a metropolitan area of a capital city.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

[Definition of digital publication inserted by PR719795 ppc 01Mar21]

digital publication means an online publication, other than an online publication which is an associated publication of a print publication (such as a metropolitan daily newspaper or a regional daily newspaper).

editorial employees include reporters, writers, photographers, sub-editors, cartoonists, artists, video journalists, moderators of blogs on news websites, editorial content producers for online publications, chiefs of staff, picture editors, designers and production managers.

employee means national system employee within the meaning of the Act.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

metropolitan daily newspaper means a newspaper published Monday to Saturday or published only on a Sunday and which is principally distributed throughout the metropolitan area of one or more capital cities or the metropolitan areas of Newcastle or Wollongong.

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.

ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clause 14.1 plus any all-purpose allowance to which the employee is entitled.

photographer means a person who takes and where necessary prepares photographs for reproduction in a publication published by an employer.

published media industry has the meaning given in clause 4.2.

regional daily newspaper means a newspaper which is published on more than 4 days a week and which is principally distributed within a regional area, other than a metropolitan area of a capital city or the metropolitan areas of Newcastle or Wollongong.

[Definition of specialist publication deleted by PR719795 ppc 01Mar21]

standard rate means the minimum weekly rate for a Level 3 employee in clause 14.1.

sub-editing procedures includes activating computer programs to:

(a)          prepare an electronic layout of the page or pages other than the assignment of advertisements; and/or

(b)         perform complex make-up, which causes headings, text, picture captions, editorial line work and editorial display devices such as rules, borders, stipples, colour tints, panels, graphs, reverses and half tones of news items or feature articles, to be typeset in a single operation in the relative positions described for or assigned to them in an editorial layout and whether typeset as one or more areas, or a full page or pages.

suburban newspaper means a newspaper that is principally distributed within a suburb or discrete collection of neighbouring suburbs, within but not comprising the whole metropolitan area of a capital city.

wire service means a news gathering organisation that distributes syndicated copy electronically, usually to subscribers.

3.                      The National Employment Standards and this award

3.1                   The National Employment Standards 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.                      Coverage

[Varied by PR719795]

4.1                   This industry award covers employers throughout Australia in the published media industry with respect to their employees engaged in journalism in its literary, artistic and photographic branches and/or the gathering, writing or preparing of news matter or news commentaries, and their employees in the classifications listed in clause 11Classifications to the exclusion of any other modern award.

4.2                   Published media industry means the industry concerned with the publication of newspapers, magazines, periodicals, journals and online publications, and the provision of wire services.

4.3                   Where this award refers to an employee working on an employer’s print publication (such as a metropolitan daily newspaper or a regional daily newspaper), it includes a reference to an employee employed by that employer on the print publication’s associated online publication.

4.4                   Without limiting the generality of the foregoing, this award does not cover employers covered by the following awards with respect to employees covered by the awards:

(a)          Graphic Arts, Printing and Publishing Award 2020;

(b)         Broadcasting and Recorded Entertainment Award 2020; or

(c)          Clerks—Private Sector Award 2020.

[4.5 substituted by PR719795 ppc 01Mar21]

4.5                   The award does not cover:

(a)          employees employed as editor, editor in chief and chief of staff of a metropolitan daily newspaper; and

(b)         employees who occupy positions with an annual salary greater than the Level 11 rate of pay and which involve the exercise of significant editorial, artistic or managerial control or direction within a publication.

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;

(c)          an employer bound by an enterprise award with respect to any employee whose position is exempted from the coverage of the enterprise award;

(d)         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                   This award covers any employer which supplies labour on an on-hire basis in the published media industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.7 operates subject to the exclusions from coverage in this award.

4.8                   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.

4.9                   Exemptions from award provisions

[4.9(a) substituted by PR719795 ppc 01Mar21]

(a)          Part 3—Hours of Work and Part 5—Overtime, Shiftwork and Weekend Rates of this award will not have any application to employees classified as:

(i)            Levels 12 or 13;

(ii)          Level 10 by a suburban newspaper; or

(iii)        Level 9 by a country non-daily newspaper.

(b)         The overtime provisions applying to part-time and casual employees at clauses 9.6, 9.7, and 10.3 will not apply to employees referred to in clause 4.9(a).

(c)          Provided that, all the employees referred to in clause 4.9(a) will be given at least 2 days off in each week in accordance with clause 12.9. The provisions of clause 18.6 will apply to an employee not given 2 days off.

[4.9(d) deleted by PR719795 ppc 01Mar21]

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

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

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 PR763272 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 28—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2                   Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

12.2

Ordinary hours of work

A majority of employees

12.3

Ordinary hours of work

An individual

12.6

Ordinary hours of work

An individual

20.7

Annual leave in advance

An individual

20.9

Cashing out of annual leave

An individual

25.3(c)

Employees receiving additional annual leave

An individual

25.4

Substitution of certain public holidays by agreement at the enterprise

An individual

   

Part 2—Types of Employment and Classifications

8.                      Full-time employees

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

9.                      Part-time employees

9.1                   A part-time employee is an employee who is employed on a continuing basis and engaged to work an average of less than 38 ordinary hours per week.

9.2                   An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift.

9.3                   A part-time employee will receive on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

9.4                   The weekly hours of employment, including starting and finishing times, will be as agreed between the employee and the employer.

9.5                   The employer may change the hours of work by providing 7 days’ notice in writing, provided that there is no change to the total agreed number of ordinary hours of work. Clause 9.5 is subject to clause 27Consultation about changes to rosters or hours of work.

9.6                   An employer may ask a part-time employee to work at times other than those agreed in case of an emergency or a shortage of staff because of sickness or other causes which cannot reasonably be foreseen. In this case the employer must give the employee as much notice as possible and will, within the same or the following week, give the employee time off duty to compensate for the additional time worked.

9.7                   Overtime

(a)          For a part-time employee, all time worked in excess of the agreed hours (except as provided for in clause 9.6 or as varied in accordance with clause 9.5) will be overtime and must be paid for at overtime rates.

(b)         Where a part-time employee works overtime, the employer must pay the employee overtime rates as follows:

(i)            150% of the ordinary hourly rate for the first 3 hours; and

(ii)          200% of the ordinary hourly rate after 3 hours.

(c)          The overtime provisions in clauses 9.7(a) and 9.7(b) will not apply to the employees listed at clause 4.9(a).

10.                 Casual employees

[Varied by PR720874, PR719795, PR733851, PR741828]

[10.1 deleted by PR733851 from 27Sep21]

[10.2 renumbered as 10.1 by PR733851 from 27Sep21]

10.1               A casual employee must be engaged for a minimum of 3 hours and 45 minutes on each occasion.

[10.3 renumbered as 10.2 by PR733851 from 27Sep21]

10.2               For each hour worked, a casual employee must be paid:

(a)          the ordinary hourly rate for the appropriate classification; and

(b)         a loading of 25% of the ordinary hourly rate.

10.3               Overtime

[10.4 renumbered as 10.3 by PR733851 from 27Sep21]

(a)          Casual employees are entitled to overtime for hours worked in excess of:

(i)            for all employees, 38 hours in a week; and

(ii)          in the case of employees employed by a metropolitan daily newspaper, 10 hours in a day; and

[10.4(a)(iii) substituted by PR719795 ppc 01Mar21]

(iii)        in the case of employees employed by a magazine, regional daily newspaper, suburban newspaper, country non-daily newspaper or digital publication, 7.5 hours in a day.

(b)         Where a casual employee works overtime, the employer must pay the employee overtime rates as follows:

(i) 150% of the ordinary hourly rate for the first 2 hours; and

(ii) 200% of the ordinary hourly rate after 2 hours.

(c)          The overtime provisions in clauses 10.3(a) and 10.3(b) will not apply to the employees listed at clause 4.9(a).

[10.5 renumbered as 10.4 by PR733851 from 27Sep21; varied by PR741828 ppc 30May22]

10.4               The ordinary hourly rate for the calculation of shiftwork rates, weekend rates and overtime rates for casual employees does not include the casual loading.

10.5               Offers and requests for casual conversion

[New 10.5 inserted by PR733851 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 28—Dispute resolution.

[10.6 deleted by PR733851 from 27Sep21]

11.                 Classifications

[Varied by PR741828]

11.1               Cadet journalists

A cadet journalist may be employed:

(a)          as a graduate cadet; or

(b)         as a standard cadet.

11.2               Graduate cadet

(a)          An employee with either an appropriate diploma or degree (as determined by the employer) from a tertiary institution will be employed as a graduate cadet.

(b)         The period of cadetship for graduate cadets will not exceed one year, provided training requirements are met.

(c)          During a period of cadetship, a graduate cadet will be paid at the rate for a final year cadet.

11.3               Standard cadet

(a)          A standard cadet is a cadet employed as other than a graduate cadet.

(b)         The period of cadetship for standard cadets must not exceed 3 years, provided training requirements are met.

(c)          In calculating the period of cadetship, experience as a cadet will be regarded as continuous despite a cadet having been employed by several employers.

11.4               Training of cadets

(a)          A cadet journalist will be fully and thoroughly taught and instructed by the employer in practical journalism as it operates in the office in which the cadet is employed.

(b)         An experienced person will supervise the training of the cadet.

(c)          The training will include the handling of news from its collection to its publication.

(d)         Cadets in press photography or editorial art will be provided with the appropriate training.

(e)          A cadet journalist will be permitted to be absent during working hours for periods of up to:

(i)            4 hours in any week to attend classes approved by the employer; and

(ii)          an additional 6 hours to attend at an Australian university for a course in journalism or other approved course.

(f)           Cadets in press photography and editorial art will be permitted to be absent for up to 10 hours a week to attend classes approved by the employer.

(g)          Fees

(i)            All fees for the studies prescribed will be paid by the cadet and reimbursed by the employer provided that the cadet’s conduct and progress are satisfactory.

(ii)          Clause 11.4(g) will not apply where the employer pays the fees.

(iii)        The employer is not required to either reimburse or pay for any amounts owed by the cadet under the Higher Education Loan Program.

11.5               Editorial employees

Editorial employees, other than cadets, will be classified by their employer in the following 3 bands:

(a)          Band 1

(i)            Editorial employees classified in band 1 have completed the training requirements of a cadetship or its equivalent and are gaining experience in a wide range of practical areas and/or undertaking additional training.

(ii)          They normally perform journalistic and photographic duties under broad supervision.

(iii)        As they undertake additional training and/or gain experience, they are assigned to duties requiring the exercise of independent initiative and judgment and/or the exercise of more advanced skills.

(iv)        Beginning as a Level 1 artist or photographer, they require decreasing supervision and exercise greater professional judgment and skills to Level 7.

(b)         Band 2

(i)            Editorial employees classified in band 2 have obtained wide practical experience and are exercising advanced skills.

(ii)          They are capable of working independently and of exercising initiative and judgment on difficult and responsible assignments.

(iii)        They may work either individually or as part of a team without direct supervision.

(c)          Band 3

(i)            Editorial employees classified in band 3 exercise the highest level of skills and responsibility.

(ii)          Their duties require the exercise of sustained high levels of professional, technical and creative skills of mature and experienced judgment and outstanding levels of individual accomplishment.

11.6               The classification definitions in clause 11.5 are indicators of skill only and for the purpose of fixing the minimum award rate of pay to which employees are entitled and are not to be applied to restrict the range of work that may be required of an employee.

11.7               Editorial employees employed:

(a)          by a country non-daily newspaper cannot be classified above Level 9; and

[11.7(b) substituted by PR741828 ppc 30May22]

(b)         by a regional daily newspaper or a suburban newspaper cannot be classified above Level 10.

Part 3—Hours of Work

12.                 Ordinary hours of work

[Varied by PR741828]

Subject to clause 4.9(c), clause 12 will not have any application to the employees listed at clause 4.9(a).

12.1               Ordinary hours of work will be an average of 38 hours a week to be worked on one of the following bases (provided that the requirements of clauses 12.6 and 12.9 are met):

(a)          by employees working 38 ordinary hours over 5 days in a 7 day work cycle;

(b)         by employees working 152 ordinary hours over 19 days in a 20 day work cycle;

(c)          by employees working 76 ordinary hours over 9 days in a 10 day work cycle; or

(d)         by employees working 38 hours on 4 days in each 5 day work cycle.

12.2               The arrangement for working the average of 38 hours per week at each workplace (or section of the workplace) will be agreed between the employer and the majority of employees affected.

12.3               An employer and an individual employee may agree on an arrangement for working the average of 38 hours per week which differs from the arrangement that applies to the majority of employees (provided that the requirements of clauses 12.1, 12.6 and 12.9 are met).

12.4               Shiftwork and weekend rates may not apply

[12.4 renamed by PR741828 ppc 30May22]

(a)          Where agreement has been reached under clause 12.2 or 12.3:

(i)            to move from a 5 day week to a 4 day week; or

(ii)          to move to a 9 day fortnight; or

(iii)        to move to a 19 day month; or

(iv)        to implement some other agreement that involves working fewer than 5 days per week on a consistent basis; and

[12.4(b) varied by PR741828 ppc 30May22]

(b)         the new work arrangements in clause 12.4(a) would lead to increased costs as a result of some or all employees concerned becoming entitled to shiftwork or weekend rates that they would not have been entitled to if working on 5 day per week basis,

[12.4(c) substituted by PR741828 ppc 30May22]

(c)          The agreement may provide that one or more of the additional rates in clause 19—Shiftwork and weekend rates will not apply. In such a case, those additional rates will not apply.

12.5               In clause 12, day means a period of 24 hours unless stated otherwise.

12.6               Ordinary hours will be a minimum of 4 hours and a maximum of 11 hours' work per day (or 12 hours with the agreement of the employee).

12.7               Make-up time

An employee may elect, with the consent of the employer, to work make-up time where the employee takes time off during ordinary hours and works those hours at a later time.

12.8               Calculation of time worked

(a)          Except on a distant engagement, an employee’s hours of duty will count continuously from the time of entering upon duty, as defined in clause 12.8(b), until the time of finishing duty.

(b)         Entering upon duty means the earlier of:

(i)            arrival at the office for the first time in the day to begin duty; or

(ii)          beginning of the first engagement, provided that a reasonable time will be allowed to cover the period required to reach the engagement from home or from the temporary place of residence or accommodation should an employee be temporarily assigned to duty away from the city or town in which they are regularly employed.

12.9               Days off

(a)          Each employee will have at least 2 days off in every 7 days in relation to the period over which 38 hours is averaged in accordance with clause 12.1.

(b)         Employees who work under an arrangement where the 38 hours allow for more than 2 days off a week may bank up to 5 additional days off with the agreement of their employer.

(c)          An employer may require an employee to work on the employee’s day off in case of an emergency or a shortage of staff because of sickness or other cause which cannot reasonably be foreseen. In this case, the employer must give the employee as much notice as possible and will, within the same or the succeeding week, give the employee another day off in place of the original one.

(d)         Where an employee is given a day off duty, that day will start 12 hours after the time the employee finished duty.

(e)          When an employee is given 2 or more consecutive days off duty, those consecutive days will start 8 hours after the employee finished duty.

(f)           Employees who are not given their days off in accordance with clause 12.9 will be paid 200% of the ordinary hourly rate for all work done on any such day or days with a minimum payment of 4 hours.

13.                 Breaks

13.1               An employee must not be required to work more than 5 hours without a break of at least 20 minutes.

13.2               Subject to clause 13.3, where an employee is permitted a one hour meal break, the employer will be entitled to deduct one hour from the total time worked. If the break permitted is less than one hour, no time will be deducted. Not more than one hour will be deducted in any one day.

13.3               Where an employee in a country non-daily newspaper is permitted a meal break of at least 30 minutes, the employer will be entitled to deduct the time for the meal break from the total time worked. If the break is less than 30 minutes no time will be deducted. Not more than one and a half hours will be deducted in any one day.

Part 4—Wages and Allowances

14.                 Minimum rates

[Varied by PR718885, PR729326, PR741828, PR740751, PR762176]

[14.1 varied by PR718885, PR729326, PR740751, PR762176 ppc 01Jul23]

14.1               An employer must pay employees (other than cadets) the following minimum rates for ordinary hours worked by the employee:

Level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Band 1

 

 

1

1085.60

28.57

2

1116.10

29.37

3

1164.10

30.63

4

1195.30

31.46

5

1226.40

32.27

6

1289.30

33.93

7

1345.70

35.41

Band 2

 

 

8

1408.50

37.07

9

1502.00

39.53

10

1595.90

42.00

Band 3

 

 

11

1642.90

43.23

12

1846.20

48.58

13

2064.90

54.34

[NOTE varied by PR741828 ppc 30May22]

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime, shiftwork, weekend and public holiday rates.

14.2               Cadets will be paid the following percentage of the rate for a Level 1 employee:

Year

% of Level 1 rate

1st

60

2nd

75

3rd

90

14.3               Higher duties

When an employee is required to do the work of an employee in a higher position or award level for more than 2 weeks that employee will be paid the higher rate as prescribed in clause 14—Minimum rates for that period.

15.                 Payment of wages

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.

15.1               An employer may pay an employee’s wages on a weekly, fortnightly or monthly basis by cash, cheque or electronic funds transfer.

15.2               An employer changing from a weekly or fortnightly pay cycle to a monthly pay cycle must give employees at least 2 months’ notice of the change.

15.3               Payment on termination of employment

(a)          The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i)            the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii)          all other amounts that are due to the employee under this award and the NES.

(b)         The requirement to pay wages and other amounts under clause 15.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 15.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 15.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

16.                 Allowances

[Varied by PR719038, PR729511, PR741828, PR740917, PR743443, PR762343]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

16.1               Employers must pay to an employee the allowances the employee is entitled to under clause 16.

NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

16.2               Wage-related allowances

(a)          All-purpose allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:

(i)            Sub-editing allowance (clause 16.2(b)).

(b)         Sub-editing procedures and allowance

Clause 16.2(b)(i) only applies to relevant employees employed by a country non-daily newspaper or a regional daily newspaper undertaking sub-editing procedures as defined in clause 2—Definitions.

(i)            Sub-editing allowance

An allowance of 5% of the employee’s minimum award rate is payable to an employee who is employed as a sub-editor performing sub-editing procedures.

(ii)          The allowance will be payable only where an employee works a full shift as a sub-editor.

(iii)        The allowance will not be payable to an employee who has ceased to be a sub-editor.

(iv)        The allowance is not payable where the sub-editing procedures are restricted to activating standard programs which control the typesetting of material, especially tabular material, the layout of which does not vary unless an electronic layout has been prepared and used in the output of other newspaper pages for the edition in which the tabular material appears.

[16.2(b)(v) varied by PR741828 ppc 30May22]

(v)          The allowance will form part of the sub-editor’s ordinary rate of pay for all purposes including calculating shiftwork, weekend and public holiday rates, the appropriate overtime rate and annual leave loading.

16.3               Expense-related allowances

(a)          Air travel

(i)            When an employee agrees to travel by air other than by regular passenger-carrying service, the employer will reimburse the employee for the cost of taking out additional personal insurance to cover any existing personal insurance policies that would be invalidated by such travel.

(ii)          Clause 16.3(a)(i) does not apply where the employer agrees to indemnify the employee against any invalidation of the employee’s personal insurance policies.

(b)         Clothing allowance

(i)            An employee will be reasonably compensated for damage to clothing and personal effects arising from or in the course of employment.

(ii)          An employee engaged on work requiring attendance in evening attire will be provided with reasonable transport facilities where requested by the employee concerned.

(iii)        An employee regularly employed on work requiring attendance in evening attire will be paid a minimum allowance of $300.00 per year.

(c)          Meal allowance

[16.3(c)(i) varied by PR719038, PR729511, PR740917, PR762343 ppc 01Jul23]

(i)            If an employee’s duty requires them to take more than one meal a day away from their home, any meal or meals in excess of one a day will (unless otherwise paid for or reimbursed by the employer) be paid for by the employer at the rate of $22.79 for such meal.

(ii)          For the purpose of clause 16.3(c), meal means breakfast, lunch or dinner and the normal meal break hours are:

Breakfast

6.00 am to 8.00 am

Lunch

12.00 pm to 2.00 pm

Dinner

6.00 pm to 8.00 pm

(iii)        An employee will be entitled to payment of one meal allowance in any one day if the employee works through 2 of the agreed meal break periods in that day or 2 meal allowances if working through 3 of the agreed meal break periods.

(d)         Reimbursement of expenses

An employee will be reimbursed reasonable out-of-pocket expenses, including transport expenses.

(e)          Special risks

(i)            An employee will, if required by the employer, perform any duty which would invalidate their personal insurance policies, or any of them, if the employer indemnifies them against such invalidation.

(ii)          Where an employee is so requested, they will immediately inform the employer in writing of the risk of invalidation.

(iii)        Upon being informed by the employee as set out above, the employer must indemnify the employee and their dependants against the invalidation, unless the employer, prior to the commencement of the duty in question, informs the employee in writing that they decline to indemnify the employee or their dependants, in which case the employee will be at liberty to decline to perform the duty.

(f)           Special risks insurance

[16.3(f)(i) varied by PR743443 ppc 11Jul22]

(i)            The employer must either insure the employee, or reimburse the employee for the cost of insuring themselves, against injury or death by accident arising from:

·   any travel by air other than by a regular passenger carrying service; or

·   any duties performed in a war zone or a zone of warlike operations.

(ii)          An employee must be insured for an amount of not less than $250,000 in the event of death or injury. The proceeds of the policy will be paid to the employee in the event of injury and to the employee’s legal personal representative in the event of death.

(g)          Spectacle allowance

Where spectacles or a lens change specifically for the use of a computer screen at work is prescribed, the employer will pay the cost of the lens and up to an amount of $118.50 on the first frames provided that:

(i)            where the employee is in receipt of a health fund benefit the employer will pay the difference between the cost of the spectacles and the benefit with a maximum of $118.50 on the first frames; and

(ii)          the employer will not be liable for the tinted or outdoor component of any lenses.

(h)         Transfer

(i)            Where the employer requires an employee to permanently perform their duties in a different city, town, district or State/Territory to the one in which they were previously located, the employer must reimburse the following transfer costs:

·   reasonable travelling expenses for the employee and their family; and

·   the transfer or storage of the employee’s furniture and effects.

(ii)          An employee who is temporarily transferred must be reimbursed all reasonable expenses for accommodation and travel.

(i)            Use of office vehicles

If required by their employer, an employee will drive an office-owned car on any assignment, provided that they are made exempt by the employer from financial liability covered by ordinary insurance during the whole period they are in charge of the car.

17.                 Superannuation

[Varied by PR771343]

17.1               Superannuation legislation

[17.1 substituted by PR771343 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 17 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.

17.2               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.

17.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 17.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c)          The employer must pay the amount authorised under clauses 17.3(a) or 17.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or 17.3(b) was made.

17.4               Superannuation fund

[17.4 varied by PR771343 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(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)          Media Super;

(b)         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

(c)          a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime, Shiftwork and Weekend Rates

[Part 5—Overtime and Penalty Rates renamed as Part 5—Overtime, Shiftwork and Weekend Rates by PR741828 ppc 30May22]

Part 5 will not have any application to the employees listed at clause 4.9(a), subject to clause 4.9(c).

18.                 Overtime

[Varied by PR741828, PR763272]

18.1               The hourly rate for overtime purposes will be calculated based on the minimum hourly rate in clause 14Minimum rates.

18.2               Daily overtime means all time necessary to be worked outside of an employee’s rostered hours of duty, except for time worked on a rostered day off.

18.3               Daily overtime will be compensated for in the following manner:

(a)          overtime will be banked to be taken as time off instead at single time;

(b)         time off instead of overtime will be taken as mutually agreed, or by the employer rostering accrued overtime as time off instead, by giving at least 14 days’ notice that the employee is required to take such accrued time off instead. An employee may, under section 65 of the Act, request to take time off at a time or times specified in the request;

[Note varied by PR763272 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).

(c)          time off instead of overtime not taken within 4 months of the overtime being worked must be paid out in the next pay period following those 4 months, at the overtime rate applicable to the overtime when worked;

(d)         on termination of an employee’s employment, all untaken time off instead of overtime will be paid out at overtime rates prescribed in clause 18.3(e), subject to the forfeiture for inadequate notice as provided for under clause 29.2;

(e)          where mutually agreed, overtime may be paid as it is worked at the rate of 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours; and

(f)           any time allowed off duty instead of overtime will be deemed to be ordinary rostered hours for the day or days on which the time off instead is taken.

18.4               The employer must keep an accurate record of:

(a)          overtime worked and banked as time off instead of overtime under clause 18.3(a);

(b)         time taken off as time off instead of overtime under clause 18.3(b);

(c)          time off instead of overtime that is paid out at overtime rates under clause 18.3(c); and

(d)         time off instead of overtime that is paid out on termination of employment under clause 18.3(d).

18.5               For the purposes of clause 18.4, the records relating to individual employees:

(a)          must be maintained as an employee record; and

(b)         must be accessible (preferably via electronic means) at least upon request, so that the employee can readily confirm how much time off instead of overtime they have accrued, taken or received as payment.

18.6               When an employee is not given the days off provided for in clause 12.9, the employee must be paid at the rate of 200% of the ordinary hourly rate for all work done on any such day or days with a minimum payment of 4 hours.

18.7               Insufficient break

Insufficient break means all time worked before the expiration of 11 hours from completion of duty on one day and the start of duty, except during the distant engagements, and will be compensated as follows:

(a)          if the break is less than 8 hours, overtime will be paid at 200% of the ordinary hourly rate for all work done before the expiration of 11 hours break;

(b)         if the break is 8 hours or more, overtime will be paid at 150% of the ordinary hourly rate for all work done before the expiration of the 11 hour break;

(c)          time worked during any period of insufficient break will not be included in the calculation of weekly hours; and

(d)         in no circumstances will overtime involved in clause 18.7 be compensated for more than once.

18.8               Distant engagements

(a)          Notwithstanding the above, overtime for employees employed in a metropolitan newspaper, wire service or a magazine on a distant engagement will be governed by clause 18.8.

(b)         Distant engagement means an assignment requiring an employee to spend one or more nights away from the location where they are regularly employed (the place of origin), and on which the employee has at least 6 hours rest each night.

(c)          Commencement and ceasing times for distant engagement

(i)            Except as provided in clause 18.8(c)(ii), a distant engagement begins from the time of departure on the assignment from the place of origin.

(ii)          Where an employee is required to commence a distant engagement on a day on which the employee has commenced work but before the employee has completed 8 hours of duty, the distant engagement will commence 8 hours after the employee commenced work on that day, and the employee will be treated as having worked 8 hours on that day in addition to any time worked that day on the distant engagement.

(iii)        A distant engagement ends at whichever is the later of the time the employee returns to the place of origin, or if the employee performs work in connection with the distant engagement on the day the employee returns to the place of origin, and the time the employee ceases work on that day.

(iv)        If an employee is required to resume work within 12 hours of completing a distant engagement, the employee will be paid overtime in accordance with clause 18.7.

(d)         Calculation of ordinary hours of work, overtime, shiftwork rates, weekend rates and treatment of days off on a distant engagement

[18.8(d) renamed by PR741828 ppc 30May22]

(i)            For the purpose of clause 18.8, day means a period of 24 hours. The calculation of days for a distant engagement will commence from the time the distant engagement commences, with each day comprising successive periods of 24 hours.

(ii)          Time spent travelling on any day where travel is by means approved by the employer will be deemed hours of duty on that day for the purpose of clause 18.8(d). Each employee will be treated as working a minimum of 9 hours on any day.

(iii)        Except as provided in clause 18.8(d)(iv), overtime will only occur where the hours of duty of an employee exceed 38 in 7 consecutive days.

(iv)        Work performed without any travel for more than 11 hours (irrespective of any meal break) on any day will be overtime.

(v)          No time will be counted as overtime more than once.

(vi)        All overtime worked on a distant engagement will be either allowed as time off instead (at the rate of hour for hour), or paid at the rate of 150% of the ordinary hourly rate for the first 8 hours and 200% of the ordinary hourly rate after 8 hours as determined by the employer.

(vii)      If an employee is called upon to resume duty within 12 hours of completion of a distant engagement, overtime will be paid at the rate of 150% of the ordinary hourly rate for all work done before the expiration of the 12 hour break.

(viii)    An employee on a distant engagement will be paid additional loadings in accordance with the provisions of clause 19—Shiftwork and weekend rates.

(ix)        For the purposes of clause 18.8(d)(iii), ordinary hours of duty means the first 9 hours of duty on any day except when those hours are overtime by reason of clause 18.8(c)(iv).

(x)          When an employee on a distant engagement is not given weekly days off duty to which an employee is entitled under clause 12.9, the employee will be given the days off within 14 days of the cessation of the distant engagement, in addition an employee will be given any day off to which they are entitled in that 14 day period with the days off to be continuous where the employee has been on a distant engagement for a week or more without being given any days off as provided for in clause 12.9.

19.                 Shiftwork and weekend rates

[19—Shiftwork and weekend penalty rates renamed as 19—Shiftwork and weekend rates by PR741828 ppc 30May22]

[Varied by PR719795, PR741828]

19.1               Morning and afternoon shifts

[19.1 substituted by PR741828 ppc 30May22]

Subject to the provisions of clause 19, an employee who is instructed by the employer to perform and performs ordinary hours on a shift will be entitled to be paid an additional 10% of the ordinary hourly rate for all ordinary hours worked on a shift:

(a)          any part of which falls between the hours of 6.00 am and 7.00 am, or

(b)         that concludes between the hours of 6.00 pm and 8.30 pm.

19.2               Night shifts

[19.2 substituted by PR741828 ppc 30May22]

Subject to the provisions of clause 19, an employee who is instructed by the employer to perform and performs ordinary hours on a shift, any part of which falls between the hours of 8.30 pm and 6.00 am, will be entitled to be paid the following additional rates for all ordinary hours worked on that shift:

Employees employed by a

Additional % of ordinary hourly rate

Metropolitan daily newspaper, suburban newspaper, a magazine or a wire service

17.5%

Regional daily newspaper, country non-daily newspaper or digital publication

15%

[19.3 substituted by PR741828 ppc 30May22]

19.3               The additional rates provided in clauses 19.1 and 19.2 are not cumulative and, where any shift attracts both additional rates, the higher percentage additional rate only will be paid.

19.4               Saturday and Sunday work

[19.4 substituted by PR719795 ppc 01Mar21]

Subject to the provisions of clause 19, an employee who is rostered or required to perform and performs ordinary hours on a shift where the greater part of the shift falls between the hours of midnight Friday and midnight Sunday will be paid an additional 10% of their ordinary hourly rate for that shift.

[19.5 varied by PR741828 ppc 30May22]

19.5               The additional rates prescribed in clause 19 will not exceed the amount calculated based on the rate for:

(a)          in the case of employees employed by a metropolitan daily newspaper or a magazine, wire service or regional daily newspaper—Level 8 employee;

(b)         in the case of employees employed by a suburban newspaper—Level 3 employee; or

(c)          in the case of any other employees—Level 6 employee.

[19.6 varied by PR741828 ppc 30May22]

19.6               The additional rates prescribed in clause 19 are payable only in respect of ordinary hours of work and not when overtime is worked.

[20—Specialist publications deleted by PR719795 ppc 01Mar21]

Part 6—Leave and Public Holidays

20.                 Annual leave

[21 renumbered as 20 and varied by PR719795 ppc 01Mar21; varied by PR747376, PR751080]

20.1               Annual leave is provided for in the NES.

20.2               Annual leave and public holidays

[20.2(a) varied by PR719795 ppc 01Mar21]

(a)          Notwithstanding clause 20.1, employees required by their employer to work public holidays at ordinary hourly rates of pay will be credited with additional annual leave, as follows:

Engaged by

Additional annual leave per year

A metropolitan daily newspaper, wire service, regional daily newspaper, suburban newspaper, magazine or digital publication

13 days

A country non-daily newspaper

10 days

(b)         The additional annual leave in clause 20.2(a) is instead of any penalty provisions provided for in clause 25.2.

[20.3 substituted by PR747376 ppc 14Nov22]

20.3               An employee who is credited additional annual leave in accordance with clause 20.2(a) who is not required to work on a particular public holiday (apart from Good Friday and Christmas Day) must be notified by the employer at least 14 days before the public holiday and that day or part-day will be deemed to be taken as an annual leave day or part-day.

20.4               Where an employee is credited an additional amount of annual leave in accordance with clause 20.2(a), should Christmas Day or Good Friday fall during the employee’s annual leave, the employee will be allowed an extra day’s annual leave or paid 200% of the ordinary hourly rate for one day.

20.5               Annual leave loading

An employee who is entitled to annual leave in accordance with clause 20.5 will, in respect of the period of such annual leave, be paid a loading of 17.5% of the minimum rate of pay prescribed in clause 14—Minimum rates.

20.6               Requirement to take annual leave notwithstanding terms of the NES

Notwithstanding the NES, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than 8 weeks’ notice of the time when such leave is to be taken.

20.7               Annual leave in advance

(a)          An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

(ii)          be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

NOTE: An example of the type of agreement required by clause 20.7 is set out at Schedule C—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule C—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 20.7 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.7, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

20.8               Direction to take annual leave during shutdown

[20.8 renamed and substituted by PR751080 ppc 01May23]

(a)          Clause 20.8 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned (temporary shutdown period); and

(ii)          wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 20.8(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 20.8(d):

(i)            must be in writing; and

(ii)          must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 20.8(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 20.8(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 20.7.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 20.7, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 20.10 to 20.12 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 20.8.

20.9               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.9.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.9.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 20.9 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)          the date on which the payment is to be made.

(e)          An agreement under clause 20.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h)         The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i)            The employer must keep a copy of any agreement under clause 20.9 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.9.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.9.

NOTE 3: An example of the type of agreement required by clause 20.9 is set out at Schedule D—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Cash Out Annual Leave.

20.10           Excessive leave accruals: general provision

NOTE: Clauses 20.10 to 20.12 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 12 weeks’ paid annual leave.

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 20.11 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 20.12 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

20.11           Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 20.10(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 20.11(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.10, 20.11 or 20.12 or otherwise agreed by the employer and employee) are taken into account; and

(ii)          must not require the employee to take any period of paid annual leave of less than one week; and

(iii)        must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)        must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c)          The employee must take paid annual leave in accordance with a direction under clause 20.11(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 20.11(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 20.11(d) may result in the direction ceasing to have effect. See clause 20.11(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

20.12           Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 20.10(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 20.12(a) if:

(i)            the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii)          the employee has not been given a direction under clause 20.11(a) that, when any other paid annual leave arrangements (whether made under clause 20.10, 20.11 or 20.12 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 20.12(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.10, 20.11 or 20.12 or otherwise agreed by the employer and employee) are taken into account; or

(ii)          provide for the employee to take any period of paid annual leave of less than one week; or

(iii)        provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv)        be inconsistent with any leave arrangement agreed by the employer and employee.

(d)         An employee is not entitled to request by a notice under clause 20.12(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 20.12(a).

21.                 Personal/carer’s leave and compassionate leave

[22 renumbered as 21 by PR719795 ppc 01Mar21]

Personal/carer’s leave and compassionate leave are provided for in the NES.

22.                 Parental leave and related entitlements

[23 renumbered as 22 by PR719795 ppc 01Mar21; 22 varied by PR763272 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 28—Dispute resolution and/or under section 76B of the Act.

23.                 Community service leave

[24 renumbered as 23 by PR719795 ppc 01Mar21]

Community service leave is provided for in the NES.

24.                 Family and domestic violence leave

[25 renumbered as 24 by PR719795 ppc 01Mar21; 24—Unpaid family and domestic violence leave renamed and substituted by PR750492 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

25.                 Public holidays

[26 renumbered as 25 by PR719795 ppc 01Mar21; varied by PR747376]

25.1               Public holiday entitlements are provided for in the NES.

25.2               Work on public holidays

[25.2 substituted by PR747376 ppc 14Nov22]

(a)          An employee required to work on a public holiday or a substitute day as provided for in the NES or clause 25.4:

(i)            will be paid at ordinary rates and provided with a day off instead; or

(ii)          paid 250% of the ordinary hourly rate, with a minimum payment of 4 hours.

(b)         If a public holiday is a part-day public holiday, then clause 25.2(a)(i) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

(c)          Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 25.2(a)(ii).

25.3               Employees receiving additional annual leave

(a)          Clauses 20.3, 20.4 and 25.2 do not apply to any employee receiving additional annual leave under clause 20.2(a).

(b)         An employee receiving additional annual leave under clause 20.2(a) is required to work on public holidays at ordinary rates of pay, unless directed to take a day of annual leave under clause 20.3.

(c)          If an employee receiving additional annual leave in accordance with clause 20.2(a) is required to work on Good Friday or Christmas Day, the employee is entitled to an additional day off work in the fortnight in which that public holiday occurs. By agreement between an employee and employer, the additional day off may be banked and taken at a later time.

25.4               Substitution of certain public holidays by agreement at the enterprise

(a)          An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b)         An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[25.5 deleted by PR747376 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

26.                 Consultation about major workplace change

[27 renumbered as 26 by PR719795 ppc 01Mar21]

26.1               If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a)          give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b)         discuss with affected employees and their representatives (if any):

(i)            the introduction of the changes; and

(ii)          their likely effect on employees; and

(iii)        measures to avoid or reduce the adverse effects of the changes on employees; and

(c)          commence discussions as soon as practicable after a definite decision has been made.

26.2               For the purposes of the discussion under clause 26.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

26.3               Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4               The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).

26.5               In clause 26 significant effects, on employees, includes any of the following:

(a)          termination of employment; or

(b)         major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c)          loss of, or reduction in, job or promotion opportunities; or

(d)         loss of, or reduction in, job tenure; or

(e)          alteration of hours of work; or

(f)           the need for employees to be retrained or transferred to other work or locations; or

(g)          job restructuring.

26.6               Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.

27.                 Consultation about changes to rosters or hours of work

[28 renumbered as 27 by PR719795 ppc 01Mar21]

27.1               Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

27.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

27.3               For the purpose of the consultation, the employer must:

(a)          provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b)         invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

27.4               The employer must consider any views given under clause 27.3(b).

27.5               Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28.                 Dispute resolution

[29 renumbered as 28 by PR719795 ppc 01Mar21; varied by PR763272 ppc 01Aug23]

28.1               Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2               The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

28.3               If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

28.4               If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5               The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

28.6               If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

28.7               A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.

28.8               While procedures are being followed under clause 28 in relation to a dispute:

(a)          work must continue in accordance with this award and the Act; and

(b)         an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

28.9               Clause 28.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763272 ppc 01Aug23]

NOTE 1: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763272 ppc 01Aug23]

NOTE 2: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and Redundancy

29.                 Termination of employment

[30 renumbered as 29 by PR719795 ppc 01Mar21]

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

29.1               Notice of termination by an employee

(a)          Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b)         An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

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 29.1(b) continuous service has the same meaning as in section 117 of the Act.

(d)         If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e)          If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).

(f)           Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

29.2               Job search entitlement

(a)          Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b)         The time off under clause 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.

30.                 Redundancy

[31 renumbered as 30 by PR719795 ppc 01Mar21; varied by PR741828]

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

30.1               Transfer to lower paid duties on redundancy

(a)          Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b)         The employer may:

(i)            give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii)          transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 30.1(c).

[30.1(c) varied by PR741828 ppc 30May22]

(c)          If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shiftwork rates, weekend rates and public holiday 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, shiftwork rates, weekend rates and public holiday rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2               Employee leaving during redundancy notice period

(a)          An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b)         The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c)          However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

30.3               Job search entitlement

(a)          Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b)         If an employee is allowed time off without loss of pay of more than one day under clause 30.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c)          A statutory declaration is sufficient for the purpose of clause 30.3(b).

(d)         An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.

(e)          This entitlement applies instead of clause 29.2.


 

Schedule ASummary of Hourly Rates of Pay

[Varied by PR718885; corrected by PR727306; varied by PR729326, PR741828, PR740751, PR762176]

A.1                Full-time and part-time employees

[A.1.1 varied by PR741828 ppc 30May22]

A.1.1            Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 16.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating shiftwork rates, weekend rates and public holiday rates.

A.1.2            The rates in the tables below are based on the minimum hourly rates in accordance with clause 14Minimum rates. Consistent with clause A.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.

A.1.3            Full-time and part-time employees—ordinary and public holiday rates

[A.1.3 varied by PR718885, PR729326, PR740751, PR762176 ppc 01Jul23]

 

Ordinary hours

Public holiday2

 

% of ordinary hourly rate1

 

100%

250%

 

$

$

Band 1

 

 

Level 1

28.57

71.43

Level 2

29.37

73.43

Level 3

30.63

76.58

Level 4

31.46

78.65

Level 5

32.27

80.68

Level 6

33.93

84.83

Level 7

35.41

88.53

Band 2

 

 

Level 8

37.07

92.68

Level 9

39.53

98.83

Level 10

42.00

105.00

Band 3

 

 

Level 11

43.23

108.08

Level 12

48.58

121.45

Level 13

54.34

135.85

1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

Other than employees receiving additional annual leave under clause 20.2(a).

[NOTE inserted by PR741828 ppc 30May22]

 NOTE: The classification of editorial employees is limited in accordance with clause 11.7.

A.1.4            Full-time and part-time employees—overtime rates

[A.1.4 varied by PR718885, PR729326, PR741828 ppc 30May22, PR740751, PR762176 ppc 01Jul23]

 

Monday to Sunday

Distant engagement: Monday to Sunday6

First 2 hours for full‑time employees, first 3 hours for part‑time employees

After the first 2 hours for full‑time employees, after the first 3 hours for part‑time employees

First 8 hours

After 8 hours

 

% of ordinary hourly rate7

 

150%

200%

150%

200%

 

$

$

$

$

Band 1

Level 1

42.86

57.14

42.86

57.14

Level 2

44.06

58.74

44.06

58.74

Level 3

45.95

61.26

45.95

61.26

Level 4

47.19

62.92

47.19

62.92

Level 5

48.41

64.54

48.41

64.54

Level 6

50.90

67.86

50.90

67.86

Level 7

53.12

70.82

53.12

70.82

Band 2

Level 8

55.61

74.14

55.61

74.14

Level 91

59.30

79.06

59.30

79.06

Level 92

Level 103

63.00

84.00

63.00

84.00

Level 104

Band 3

Level 11

64.85

86.46

64.85

86.46

Level 125

Level 135

1 Except country non-daily newspaper employees, see clause 4.9(a).

2 Country non-daily newspaper employees only.

3 Except suburban newspaper employees, see clause 4.9(a).

4 Suburban newspaper employees only.

5 Certain employees are not entitled to overtime, see clause 4.9(a).

6 Metropolitan newspaper, magazine or wire service employees only, see clause 18.8(a).

7 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

[NOTE inserted by PR741828 ppc 30May22]

NOTE: The classification of editorial employees is limited in accordance with clause 11.7.

A.1.5            Metropolitan daily newspaper, magazine or wire service employees—shiftwork and weekend rates

[A.1.5 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Morning/afternoon shift

Night shift

All other shifts

 

 

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

 

% of ordinary hourly rate6

 

110%7

120%7

117.5%7

127.5%7

110%7

 

$

$

$

$

$

Band 1

 

Level 1

31.43

34.28

33.57

36.43

31.43

Level 2

32.31

35.24

34.51

37.45

32.31

Level 3

33.69

36.76

35.99

39.05

33.69

Level 4

34.61

37.75

36.97

40.11

34.61

Level 5

35.50

38.72

37.92

41.14

35.50

Level 6

37.32

40.72

39.87

43.26

37.32

Level 7

38.95

42.49

41.61

45.15

38.95

Band 2

 

Level 8

40.78

44.48

43.56

47.26

40.78

Level 9

43.24

46.94

46.02

49.72

43.24

Level 10

45.71

49.41

48.49

52.19

45.71

Band 3

 

Level 11

46.94

50.64

49.72

53.42

46.94

Level 128

Level 138

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.2.

4 Payment for hours worked in accordance with clauses 19.2 and 19.4.

5 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

6 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

7 The rate for certain employees is limited in accordance with clause 19.5.

8 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

A.1.6            Suburban newspaper employees—shiftwork and weekend rates

[A.1.6 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Morning/afternoon shift

Night shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

 

% of ordinary hourly rate6

 

110%7

120%7

117.5%7

127.5%7

110%7

 

$

$

$

$

$

Band 1

Level 1

31.43

34.28

33.57

36.43

31.43

Level 2

32.31

35.24

34.51

37.45

32.31

Level 3

33.69

36.76

35.99

39.05

33.69

Level 4

34.52

37.59

36.82

39.88

34.52

Level 5

35.33

38.40

37.63

40.69

35.33

Level 6

36.99

40.06

39.29

42.35

36.99

Level 7

38.47

41.54

40.77

43.83

38.47

Band 2

Level 8

40.13

43.20

42.43

45.49

40.13

Level 9

42.59

45.66

44.89

47.95

42.59

Level 108

Band 3

Level 119

Level 128, 9

Level 138, 9

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.2.

4 Payment for hours worked in accordance with clauses 19.2 and 19.4.

5 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

6 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

7 The rate for certain employees is limited in accordance with clause 19.5.

8 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

9 Suburban newspaper employees cannot be classified above Level 10, see clause 11.7(b).

A.1.7            Regional daily, country non-daily and digital publication employees—shiftwork and weekend rates

[A.1.8 renumbered as A.1.7 and renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Regional daily

Country non-daily or digital publication

 

Morning/afternoon shift

Night shift

 

All other shifts

Morning/afternoon shift

Night shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

 

% of ordinary hourly rate6

 

110%7

120%7

115%7

125%7

110%7

110%7

120%7

115%7

125%7

110%7

 

$

$

$

$

$

$

$

$

$

$

Band 1

 

 

 

 

 

 

 

 

 

 

Level 1

31.43

34.28

32.86

35.71

31.43

31.43

34.28

32.86

35.71

31.43

Level 2

32.31

35.24

33.78

36.71

32.31

32.31

35.24

33.78

36.71

32.31

Level 3

33.69

36.76

35.22

38.29

33.69

33.69

36.76

35.22

38.29

33.69

Level 4

34.61

37.75

36.18

39.33

34.61

34.61

37.75

36.18

39.33

34.61

Level 5

35.50

38.72

37.11

40.34

35.50

35.50

38.72

37.11

40.34

35.50

Level 6

37.32

40.72

39.02

42.41

37.32

37.32

40.72

39.02

42.41

37.32

Level 7

38.95

42.49

40.72

44.26

38.95

38.80

42.20

40.50

43.89

38.80

Band 2

 

 

 

 

 

 

 

 

 

 

Level 8

40.78

44.48

42.63

46.34

40.78

40.46

43.86

42.16

45.55

40.46

Level 9

43.24

46.94

45.09

48.80

43.24

42.928

46.328

44.628

48.018

42.928

Level 109

45.71

49.41

47.56

51.27

45.71

45.39

48.79

47.09

50.48

45.39

Band 3

 

 

 

 

 

 

 

 

 

 

Level 119, 10

46.62

50.02

48.32

51.71

46.62

Level 129, 10, 11

Level 139, 10, 11

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.2.

4 Payment for hours worked in accordance with clauses 19.2 and 19.4.

5 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

6 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

7 The rate for certain employees is limited in accordance with clause 19.5.

8 Does not apply to country non-daily employees, see clause 4.9(a).

9 Country non-daily employees cannot be classified above Level 9, see clause 11.7(a).

10 Regional daily employees cannot be classified above Level 10, see clause 11.7(b).

11 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

A.1.8            All other publication employees—morning/afternoon shift and weekend rates

[A.1.7 renumbered as A.1.8, renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Morning/afternoon shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekend3

 

% of ordinary hourly rate4

 

110%5

120%5

110%5

 

$

$

$

Band 1

 

 

 

Level 1

31.43

34.28

31.43

Level 2

32.31

35.24

32.31

Level 3

33.69

36.76

33.69

Level 4

34.61

37.75

34.61

Level 5

35.50

38.72

35.50

Level 6

37.32

40.72

37.32

Level 7

38.80

42.20

38.80

Band 2

 

 

 

Level 8

40.46

43.86

40.46

Level 9

42.92

46.32

42.92

Level 10

45.39

48.79

45.39

Band 3

 

 

 

Level 11

46.62

50.02

46.62

Level 126

Level 136

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1.

4 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

5 The rate for certain employees is limited in accordance with clause 19.5.

6 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

A.2                Casual employees

A.2.1            Casual employees—ordinary and public holiday rates

[A.2.1 varied by PR718885, PR729326, PR740751, PR762176 ppc 01Jul23]

 

Ordinary hours

Public holiday

 

% of ordinary hourly rate1

 

125%

275%

 

$

$

Band 1

 

 

Level 1

35.71

78.57

Level 2

36.71

80.77

Level 3

38.29

84.23

Level 4

39.33

86.52

Level 5

40.34

88.74

Level 6

42.41

93.31

Level 7

44.26

97.38

Band 2

 

 

Level 8

46.34

101.94

Level 9

49.41

108.71

Level 10

52.50

115.50

Band 3

 

 

Level 11

54.04

118.88

Level 12

60.73

133.60

Level 13

67.93

149.44

1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

[NOTE inserted by PR741828 ppc 30May22]

 NOTE: The classification of editorial employees is limited in accordance with clause 11.7.

A.2.2            Metropolitan daily newspaper, magazine or wire service employees—shiftwork and weekend rates

[A.2.2 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Morning/afternoon shift

Night shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

 

% of ordinary hourly rate6

 

135%7

145%7

142.5%7

152.5%7

135%7

 

$

$

$

$

$

Band 1

 

 

 

 

 

Level 1

38.57

41.42

40.71

43.57

38.57

Level 2

39.65

42.58

41.85

44.79

39.65

Level 3

41.35

44.42

43.65

46.71

41.35

Level 4

42.48

45.62

44.84

47.98

42.48

Level 5

43.57

46.79

45.99

49.21

43.57

Level 6

45.80

49.20

48.35

51.74

45.80

Level 7

47.80

51.34

50.46

54.00

47.80

Band 2

 

 

 

 

 

Level 8

50.05

53.75

52.83

56.53

50.05

Level 9

53.12

56.82

55.90

59.60

53.12

Level 10

56.21

59.91

58.99

62.69

56.21

Band 3

 

 

 

 

 

Level 11

57.75

61.45

60.53

64.23

57.75

Level 128

Level 138

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.2.

4 Payment for hours worked in accordance with clauses 19.2 and 19.4.

5 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clause 19.1 and 19.2.

6 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

7 The rate for certain employees is limited in accordance with clause 19.5.

8 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

A.2.3            Suburban newspaper employees—shiftwork and weekend rates

[A.2.3 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Morning/afternoon shift

Night shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

 

% of ordinary hourly rate6

 

135%7

145%7

142.5%7

152.5%7

135%7

 

$

$

$

$

$

Band 1

 

 

 

 

 

Level 1

38.57

41.42

40.71

43.57

38.57

Level 2

39.65

42.58

41.85

44.79

39.65

Level 3

41.35

44.42

43.65

46.71

41.35

Level 4

42.39

45.46

44.69

47.75

42.39

Level 5

43.40

46.47

45.70

48.76

43.40

Level 6

45.47

48.54

47.77

50.83

45.47

Level 7

47.32

50.39

49.62

52.68

47.32

Band 2

 

 

 

 

 

Level 8

49.40

52.47

51.70

54.76

49.40

Level 9

52.47

55.54

54.77

57.83

52.47

Level 108

Band 3

 

 

 

 

 

Level 119

Level 128, 9

Level 138, 9

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.2.

4 Payment for hours worked in accordance with clauses 19.2 and 19.4.

5 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

6 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

7 The rate for certain employees is limited in accordance with clause 19.5.

8 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

9 Suburban newspaper employees cannot be classified above Level 10, see clause 11.7(b).

A.2.4            Regional daily, country non-daily and digital publication employees—shiftwork and weekend rates

[A.2.5 renumbered as A.2.4 and renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Regional daily

Country non-daily or digital publication

 

Morning/afternoon shift

Night shift

 

All other shifts

Morning/afternoon shift

Night shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

Weekday shift1

Weekend shift2

Weekday shift3

Weekend shift4

Weekend5

 

% of ordinary hourly rate6

 

135%7

145%7

140%7

150%7

135%7

135%7

145%7

140%7

150%7

135%7

 

$

$

$

$

$

$

$

$

$

$

Band 1

 

 

 

 

 

 

 

 

 

 

Level 1

38.57

41.42

40.00

42.85

38.57

38.57

41.42

40.00

42.85

38.57

Level 2

39.65

42.58

41.12

44.05

39.65

39.65

42.58

41.12

44.05

39.65

Level 3

41.35

44.42

42.88

45.95

41.35

41.35

44.42

42.88

45.95

41.35

Level 4

42.48

45.62

44.05

47.20

42.48

42.48

45.62

44.05

47.20

42.48

Level 5

43.57

46.79

45.18

48.41

43.57

43.57

46.79

45.18

48.41

43.57

Level 6

45.80

49.20

47.50

50.89

45.80

45.80

49.20

47.50

50.89

45.80

Level 7

47.80

51.34

49.57

53.11

47.80

47.65

51.05

49.35

52.74

47.65

Band 2

 

 

 

 

 

 

 

 

 

 

Level 8

50.05

53.75

51.90

55.61

50.05

49.73

53.13

51.43

54.82

49.73

Level 9

53.12

56.82

54.97

58.68

53.12

52.808

56.208

54.508

57.898

52.808

Level 109

56.21

59.91

58.06

61.77

56.21

55.89

59.29

57.59

60.98

55.89

Band 3

 

 

 

 

 

 

 

 

 

 

Level 119, 10

57.43

60.83

59.13

62.52

57.43

Level 129, 10, 11

Level 139, 10, 11

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.2.

4 Payment for hours worked in accordance with clauses 19.2 and 19.4.

5 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

6 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

7 The rate for certain employees is limited in accordance with clause 19.5.

8 Does not apply to country non-daily employees, see clause 4.9(a).

9 Country non-daily employees cannot be classified above Level 9, see clause 11.7(a).

10 Regional daily employees cannot be classified above Level 10, see clause 11.7(b).

11 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

A.2.5            All other publication employees—morning/afternoon shift and weekend rates

[A.2.4 renumbered as A.2.5 and renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Morning/afternoon shift

All other shifts

 

Weekday shift1

Weekend shift2

Weekend3

 

% of ordinary hourly rate4

 

135%5

145%5

135%5

 

$

$

$

Band 1

 

 

 

Level 1

38.57

41.42

38.57

Level 2

39.65

42.58

39.65

Level 3

41.35

44.42

41.35

Level 4

42.48

45.62

42.48

Level 5

43.57

46.79

43.57

Level 6

45.80

49.20

45.80

Level 7

47.65

51.05

47.65

Band 2

 

 

 

Level 8

49.73

53.13

49.73

Level 9

52.80

56.20

52.80

Level 10

55.89

59.29

55.89

Band 3

 

 

 

Level 11

57.43

60.83

57.43

Level 126

Level 136

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1.

4 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

5 The rate for certain employees is limited in accordance with clause 19.5.

6 Certain employees are not entitled to shiftwork and weekend rates, see clause 4.9(a).

A.3                Cadets

A.3.1            Full-time and part-time cadets—ordinary and public holiday rates

[A.3.1 varied by PR718885, PR729326, PR740751, PR762176 ppc 01Jul23]

 

Cadet percentage

Ordinary hours

Public holiday2

 

% of Level 1 employee

% of ordinary hourly rate1

 

 

100%

250%

 

%

$

$

Standard Cadet

 

 

 

1st year

60%

17.14

42.85

2nd year

75%

21.43

53.58

3rd year

90%

25.71

64.28

Graduate Cadet

90%

25.71

64.28

1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

2 Other than employees receiving additional annual leave under clause 20.2(a).

A.3.2            Full-time and part-time cadets—overtime rates

[A.3.2 varied by PR718885, PR729326, PR741828 ppc 30May22, PR740751, PR762176 ppc 01Jul23]

 

Cadet percentage

Monday to Sunday

Distant engagement: Monday to Sunday2

First 2 hours for full-time employees, first 3 hours for part-time employees

After the first 2 hours for full‑time employees, after the first 3 hours for part‑time employees

First 8 hours

After 8 hours

 

% of Level 1 employee

% of ordinary hourly rate1

 

 

150%

200%

150%

200%

 

%

$

$

$

$

Standard Cadet

 

 

 

 

 

1st year

60%

25.71

34.28

25.71

34.28

2nd year

75%

32.15

42.86

32.15

42.86

3rd year

90%

38.57

51.42

38.57

51.42

Graduate Cadet

90%

38.57

51.42

38.57

51.42

1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

2 Metropolitan newspaper, magazine or wire service employees only, see clause 18.8(a).

A.3.3            All publications—cadets—morning/afternoon shift and weekend rates

[A.3.3 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

 

Morning/afternoon shift

All other shifts (except for night shifts in certain publications (see clause 19.2))

 

Cadet percentage

Weekday shift1

Weekend shift2

Weekend3

 

% of Level 1 employee

% of ordinary hourly rate4

 

 

110%

120%

110%

 

%

$

$

$

Standard Cadet

 

 

 

 

1st year

60%

18.85

20.57

18.85

2nd year

75%

23.57

25.72

23.57

3rd year

90%

28.28

30.85

28.28

Graduate Cadet

90%

28.28

30.85

28.28

1 Payment for hours worked in accordance with clause 19.1.

2 Payment for hours worked in accordance with clauses 19.1 and 19.4.

3 Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clause 19.1, as well as the hours specified in clause 19.2 if the employee is employed by one of the types of publication in clause 19.2.

4 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

A.3.4            Metropolitan daily newspaper, suburban newspaper, magazine or wire service—cadets—night shift rates

[A.3.4 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

 

Night shift

 

Cadet percentage

Weekday shift1

Weekend shift2

 

% of Level 1 employee

 

 

% of ordinary hourly rate3

 

 

117.5%

127.5%

 

%

$

$

Standard Cadet

 

 

 

1st year

60%

20.14

21.85

2nd year

75%

25.18

27.32

3rd year

90%

30.21

32.78

Graduate Cadet

90%

30.21

32.78

1 Payment for hours worked in accordance with clause 19.2.

2 Payment for hours worked in accordance with clauses 19.2 and 19.4.

3 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

A.3.5            Regional daily newspaper, country non-daily newspaper and digital publication—cadets—night shift rates

[A.3.5 renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176 ppc 01Jul23]

 

Cadet percentage

Night shift

 

% of Level 1 employee

Weekday shift1

Weekend shift2

 

 

% of ordinary hourly rate3

 

 

115%

125%

 

%

$

$

Standard Cadet

 

 

 

1st year

60%

19.71

21.43

2nd year

75%

24.64

26.79

3rd year

90%

29.57

32.14

Graduate Cadet

90%

29.57

32.14

1 Payment for hours worked in accordance with clause 19.2.

2 Payment for hours worked in accordance with clauses 19.2 and 19.4.

3 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.

   

Schedule BSummary of Monetary Allowances

[Varied by PR719038, PR729511, PR740917, PR762343]

See clause 16—Allowances for full details of allowances payable under this award.

B.1                Wage-related allowances

Allowance

Clause

%

Payment detail

Employee employed as sub-editor performing sub-editing procedures1

16.2(b)(i)

5

% of employee’s minimum award rate

1 This allowance applies for all purposes of this award.

B.2                Expense-related allowances

[B.2.1 varied by PR719038, PR729511, PR740917, PR762343 ppc 01Jul23]

B.2.1            The following expense-related allowances will be payable to employees in accordance with clause 16.3:

Allowance

Clause

$

Payable

Clothing allowance—regularly employed on work requiring attendance in evening attire

16.3(b)(iii)

300.00

minimum per annum

Meal allowance—more than one meal per day away from home

16.3(c)(i)

22.79

per meal

Spectacle allowance—maximum payment for first frames

16.3(g)

118.50

maximum for first frames

B.2.2            Adjustment of expense-related allowances

(a)          At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b)          The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub-group

Clothing

Clothing and footwear group

Spectacle allowance

Therapeutic appliances and equipment sub-group

   


 

Schedule CAgreement 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 DAgreement 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 E—Part-day Public Holidays deleted by PR747376 ppc 14Nov22]

[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048; deleted by PR742720 ppc 17Jun22]

Title: Journalists Published Media Award 2020
Code: MA000067
Effective:
Updated:
Instrument Type: Modern Award

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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.