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Journalists Published Media Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777297 and PR778038).
Clause(s) affected by the most recent variation(s):
2—Definitions
10—Casual employees
12A—Employee right to disconnect
28—Dispute resolution
Table of Contents
[Varied by PR719795, PR741828, PR742720, PR747376, PR750492, PR774779, PR778038]
Part 1—Application and Operation of this Award
1.1 This award is the Journalists Published Media Award 2020.
[Varied by PR719795, PR733851, PR774779, PR777297]
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; varied by PR777297 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
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.
[Definition of employee organisation inserted by PR774779 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774779 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
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 small business employer inserted by PR774779 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
[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:
(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.
[Definition of workplace delegate inserted by PR774779 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards 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.
[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 11—Classifications 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.
(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]
(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
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by 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.
7.1 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
A full-time employee is an employee who is engaged to work an average of 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.
9.5 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 27—Consultation about changes to rosters or hours of work.
(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.
(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).
[Varied by PR720874, PR719795, PR733851, PR741828, PR777297]
[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.
[10.4 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]
10.5 Changes to casual employment status
[New 10.5 inserted by PR733851; renamed and substituted by PR777297 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 28—Dispute resolution.
[10.6 deleted by PR733851 from 27Sep21]
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.
(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.
(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.
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.
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.
12.7 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.
(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.
12A. Employee right to disconnect
[12A inserted by PR778038 from 26Aug24]
12A.1 Clause 12A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
12A.2 Clause 12A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
12A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
12A.4 Clause 12A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of an emergency roster change under clause 9.6.
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.
[Varied by PR718885, PR729326, PR741828, PR740751, PR762176, PR773954]
[14.1 varied by PR718885, PR729326, PR740751, PR762176, PR773954 ppc 01Jul24]
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 |
1126.30 |
29.64 |
|
2 |
1158.00 |
30.47 |
|
3 |
1207.80 |
31.78 |
|
4 |
1240.10 |
32.63 |
|
5 |
1272.40 |
33.48 |
|
6 |
1337.60 |
35.20 |
|
7 |
1396.20 |
36.74 |
|
Band 2 |
|
|
|
8 |
1461.30 |
38.46 |
|
9 |
1558.30 |
41.01 |
|
10 |
1655.70 |
43.57 |
|
Band 3 |
|
|
|
11 |
1704.50 |
44.86 |
|
12 |
1915.40 |
50.41 |
|
13 |
2142.30 |
56.38 |
[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 |
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.
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
(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.
[Varied by PR719038, PR729511, PR741828, PR740917, PR743443, PR762343, PR774122]
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
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.
(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]
16.3 Expense-related allowances
(a) Air 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.
[16.3(c)(i) varied by PR719038, PR729511, PR740917, PR762343, PR774122 ppc 01Jul24]
(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.
[16.3(g) varied by PR774122 ppc 01Jul24]
[16.3(g)(i) varied by PR774122 ppc 01Jul24]
(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 $118.86 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.
[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.
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
(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).
[Varied by PR741828, PR763272]
18.1 The hourly rate for overtime purposes will be calculated based on the minimum hourly rate in clause 14—Minimum 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).
(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;
(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.
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.
(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.
(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.
(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.
(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 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:
|
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 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:
(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
[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.
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.
(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.
(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.
(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.
(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.
[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.
[26 renumbered as 25 by PR719795 ppc 01Mar21; varied by PR747376]
25.1 Public holiday entitlements are provided for in the NES.
[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—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774779 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774779 from 01Jul24]
25A.1 Clause 25A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 25A.
25A.2 In clause 25A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
25A.3 Before exercising entitlements under clause 25A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
25A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
25A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 25A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
25A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate’s entitlements under clause 25A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 25A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 25A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 25A.
26. Consultation about major workplace change
[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.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[29 renumbered as 28 by PR719795 ppc 01Mar21; varied by PR763272, PR777297, PR778038]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.
28.8 While procedures are being followed under clause 28 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763272; deleted by PR778038 from 26Aug24]
[Note inserted by PR778038 from 26Aug24; varied by PR777297 from 27Aug24]
NOTE: In addition to clause 28, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
[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.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 29.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.
[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
[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 A—Summary of Hourly Rates of Pay
[Varied by PR718885; corrected by PR727306; varied by PR729326, PR741828, PR740751, PR762176, PR773954]
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 14—Minimum 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, PR773954 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday2 |
|
|
% of ordinary hourly rate1 |
|
|
|
100% |
250% |
|
|
$ |
$ |
|
Band 1 |
|
|
|
Level 1 |
29.64 |
74.10 |
|
Level 2 |
30.47 |
76.18 |
|
Level 3 |
31.78 |
79.45 |
|
Level 4 |
32.63 |
81.58 |
|
Level 5 |
33.48 |
83.70 |
|
Level 6 |
35.20 |
88.00 |
|
Level 7 |
36.74 |
91.85 |
|
Band 2 |
|
|
|
Level 8 |
38.46 |
96.15 |
|
Level 9 |
41.01 |
102.53 |
|
Level 10 |
43.57 |
108.93 |
|
Band 3 |
|
|
|
Level 11 |
44.86 |
112.15 |
|
Level 12 |
50.41 |
126.03 |
|
Level 13 |
56.38 |
140.95 |
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).
[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, PR773954 ppc 01Jul24]
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, PR773954 ppc 01Jul24]
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, PR773954 ppc 01Jul24]
|
|
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 |
32.60 |
35.57 |
34.83 |
37.79 |
32.60 |
|
Level 2 |
33.52 |
36.56 |
35.80 |
38.85 |
33.52 |
|
Level 3 |
34.96 |
38.14 |
37.34 |
40.52 |
34.96 |
|
Level 4 |
35.81 |
38.99 |
38.19 |
41.37 |
35.81 |
|
Level 5 |
36.66 |
39.84 |
39.04 |
42.22 |
36.66 |
|
Level 6 |
38.38 |
41.56 |
40.76 |
43.94 |
38.38 |
|
Level 7 |
39.92 |
43.10 |
42.30 |
45.48 |
39.92 |
|
Band 2 |
|||||
|
Level 8 |
41.64 |
44.82 |
44.02 |
47.20 |
41.64 |
|
Level 9 |
44.19 |
47.37 |
46.57 |
49.75 |
44.19 |
|
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, PR773954 ppc 01Jul24]
|
|
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 |
32.60 |
35.57 |
34.09 |
37.05 |
32.60 |
32.60 |
35.57 |
34.09 |
37.05 |
32.60 |
|
Level 2 |
33.52 |
36.56 |
35.04 |
38.09 |
33.52 |
33.52 |
36.56 |
35.04 |
38.09 |
33.52 |
|
Level 3 |
34.96 |
38.14 |
36.55 |
39.73 |
34.96 |
34.96 |
38.14 |
36.55 |
39.73 |
34.96 |
|
Level 4 |
35.89 |
39.16 |
37.52 |
40.79 |
35.89 |
35.89 |
39.16 |
37.52 |
40.79 |
35.89 |
|
Level 5 |
36.83 |
40.18 |
38.50 |
41.85 |
36.83 |
36.83 |
40.18 |
38.50 |
41.85 |
36.83 |
|
Level 6 |
38.72 |
42.24 |
40.48 |
44.00 |
38.72 |
38.72 |
42.24 |
40.48 |
44.00 |
38.72 |
|
Level 7 |
40.41 |
44.09 |
42.25 |
45.93 |
40.41 |
40.26 |
43.78 |
42.02 |
45.54 |
40.26 |
|
Band 2 |
|
|
|
|
|
|
|
|
|
|
|
Level 8 |
42.31 |
46.15 |
44.23 |
48.08 |
42.31 |
41.98 |
45.50 |
43.74 |
47.26 |
41.98 |
|
Level 9 |
44.86 |
48.70 |
46.78 |
50.63 |
44.86 |
44.538 |
48.058 |
46.298 |
49.818 |
44.538 |
|
Level 109 |
47.42 |
51.26 |
49.34 |
53.19 |
47.42 |
47.09 |
50.61 |
48.85 |
52.37 |
47.09 |
|
Band 3 |
|
|
|
|
|
|
|
|
|
|
|
Level 119, 10 |
– |
– |
– |
– |
– |
48.38 |
51.90 |
50.14 |
53.66 |
48.38 |
|
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, PR773954 ppc 01Jul24]
|
|
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 |
32.60 |
35.57 |
32.60 |
|
Level 2 |
33.52 |
36.56 |
33.52 |
|
Level 3 |
34.96 |
38.14 |
34.96 |
|
Level 4 |
35.89 |
39.16 |
35.89 |
|
Level 5 |
36.83 |
40.18 |
36.83 |
|
Level 6 |
38.72 |
42.24 |
38.72 |
|
Level 7 |
40.26 |
43.78 |
40.26 |
|
Band 2 |
|
|
|
|
Level 8 |
41.98 |
45.50 |
41.98 |
|
Level 9 |
44.53 |
48.05 |
44.53 |
|
Level 10 |
47.09 |
50.61 |
47.09 |
|
Band 3 |
|
|
|
|
Level 11 |
48.38 |
51.90 |
48.38 |
|
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, PR773954 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of ordinary hourly rate1 |
|
|
|
125% |
275% |
|
|
$ |
$ |
|
Band 1 |
|
|
|
Level 1 |
37.05 |
81.51 |
|
Level 2 |
38.09 |
83.79 |
|
Level 3 |
39.73 |
87.40 |
|
Level 4 |
40.79 |
89.73 |
|
Level 5 |
41.85 |
92.07 |
|
Level 6 |
44.00 |
96.80 |
|
Level 7 |
45.93 |
101.04 |
|
Band 2 |
|
|
|
Level 8 |
48.08 |
105.77 |
|
Level 9 |
51.26 |
112.78 |
|
Level 10 |
54.46 |
119.82 |
|
Band 3 |
|
|
|
Level 11 |
56.08 |
123.37 |
|
Level 12 |
63.01 |
138.63 |
|
Level 13 |
70.48 |
155.05 |
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, PR773954 ppc 01Jul24]
|
|
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 |
40.01 |
42.98 |
42.24 |
45.20 |
40.01 |
|
Level 2 |
41.14 |
44.18 |
43.42 |
46.47 |
41.14 |
|
Level 3 |
42.91 |
46.09 |
45.29 |
48.47 |
42.91 |
|
Level 4 |
44.05 |
47.32 |
46.50 |
49.76 |
44.05 |
|
Level 5 |
45.20 |
48.55 |
47.71 |
51.06 |
45.20 |
|
Level 6 |
47.52 |
51.04 |
50.16 |
53.68 |
47.52 |
|
Level 7 |
49.60 |
53.28 |
52.36 |
56.03 |
49.60 |
|
Band 2 |
|
|
|
|
|
|
Level 8 |
51.93 |
55.77 |
54.81 |
58.66 |
51.93 |
|
Level 9 |
55.11 |
58.95 |
57.99 |
61.84 |
55.11 |
|
Level 10 |
58.31 |
62.15 |
61.19 |
65.04 |
58.31 |
|
Band 3 |
|
|
|
|
|
|
Level 11 |
59.93 |
63.77 |
62.81 |
66.66 |
59.93 |
|
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, PR773954 ppc 01Jul24]
|
|
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 |
40.01 |
42.98 |
42.24 |
45.20 |
40.01 |
|
Level 2 |
41.14 |
44.18 |
43.42 |
46.47 |
41.14 |
|
Level 3 |
42.91 |
46.09 |
45.29 |
48.47 |
42.91 |
|
Level 4 |
43.97 |
47.15 |
46.35 |
49.53 |
43.97 |
|
Level 5 |
45.03 |
48.21 |
47.41 |
50.59 |
45.03 |
|
Level 6 |
47.18 |
50.36 |
49.56 |
52.74 |
47.18 |
|
Level 7 |
49.11 |
52.29 |
51.49 |
54.67 |
49.11 |
|
Band 2 |
|
|
|
|
|
|
Level 8 |
51.26 |
54.44 |
53.64 |
56.82 |
51.26 |
|
Level 9 |
54.44 |
57.62 |
56.82 |
60.00 |
54.44 |
|
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.2.5 renumbered as A.2.4 and renamed and substituted by PR741828 ppc 30May22; varied by PR740751, PR762176, PR773954 ppc 01Jul24]
|
|
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 |
40.01 |
42.98 |
41.50 |
44.46 |
40.01 |
40.01 |
42.98 |
41.50 |
44.46 |
40.01 |
|
Level 2 |
41.14 |
44.18 |
42.66 |
45.71 |
41.14 |
41.14 |
44.18 |
42.66 |
45.71 |
41.14 |
|
Level 3 |
42.91 |
46.09 |
44.50 |
47.68 |
42.91 |
42.91 |
46.09 |
44.50 |
47.68 |
42.91 |
|
Level 4 |
44.05 |
47.32 |
45.68 |
48.95 |
44.05 |
44.05 |
47.32 |
45.68 |
48.95 |
44.05 |
|
Level 5 |
45.20 |
48.55 |
46.87 |
50.22 |
45.20 |
45.20 |
48.55 |
46.87 |
50.22 |
45.20 |
|
Level 6 |
47.52 |
51.04 |
49.28 |
52.80 |
47.52 |
47.52 |
51.04 |
49.28 |
52.80 |
47.52 |
|
Level 7 |
49.60 |
53.28 |
51.44 |
55.12 |
49.60 |
49.45 |
52.97 |
51.21 |
54.73 |
49.45 |
|
Band 2 |
|
|
|
|
|
|
|
|
|
|
|
Level 8 |
51.93 |
55.77 |
53.85 |
57.70 |
51.93 |
51.60 |
55.12 |
53.36 |
56.88 |
51.60 |
|
Level 9 |
55.11 |
58.95 |
57.03 |
60.88 |
55.11 |
54.788 |
58.308 |
56.548 |
60.068 |
54.788 |
|
Level 109 |
58.31 |
62.15 |
60.23 |
64.08 |
58.31 |
57.98 |
61.50 |
59.74 |
63.26 |
57.98 |
|
Band 3 |
|
|
|
|
|
|
|
|
|
|
|
Level 119, 10 |
– |
– |
– |
– |
– |
59.60 |
63.12 |
61.36 |
64.88 |
59.60 |
|
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, PR773954 ppc 01Jul24]
|
|
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 |
40.01 |
42.98 |
40.01 |
|
Level 2 |
41.14 |
44.18 |
41.14 |
|
Level 3 |
42.91 |
46.09 |
42.91 |
|
Level 4 |
44.05 |
47.32 |
44.05 |
|
Level 5 |
45.20 |
48.55 |
45.20 |
|
Level 6 |
47.52 |
51.04 |
47.52 |
|
Level 7 |
49.45 |
52.97 |
49.45 |
|
Band 2 |
|
|
|
|
Level 8 |
51.60 |
55.12 |
51.60 |
|
Level 9 |
54.78 |
58.30 |
54.78 |
|
Level 10 |
57.98 |
61.50 |
57.98 |
|
Band 3 |
|
|
|
|
Level 11 |
59.60 |
63.12 |
59.60 |
|
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, PR773954 ppc 01Jul24]
|
|
Cadet percentage |
Ordinary hours |
Public holiday2 |
|
|
% of Level 1 employee |
% of ordinary hourly rate1 |
|
|
|
|
100% |
250% |
|
|
% |
$ |
$ |
|
Standard Cadet |
|
|
|
|
1st year |
60% |
17.78 |
44.45 |
|
2nd year |
75% |
22.23 |
55.58 |
|
3rd year |
90% |
26.68 |
66.70 |
|
Graduate Cadet |
90% |
26.68 |
66.70 |
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, PR773954 ppc 01Jul24]
|
|
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% |
26.67 |
35.56 |
26.67 |
35.56 |
|
2nd year |
75% |
33.35 |
44.46 |
33.35 |
44.46 |
|
3rd year |
90% |
40.02 |
53.36 |
40.02 |
53.36 |
|
Graduate Cadet |
90% |
40.02 |
53.36 |
40.02 |
53.36 |
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, PR773954 ppc 01Jul24]
|
|
|
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% |
19.56 |
21.34 |
19.56 |
|
2nd year |
75% |
24.45 |
26.68 |
24.45 |
|
3rd year |
90% |
29.35 |
32.02 |
29.35 |
|
Graduate Cadet |
90% |
29.35 |
32.02 |
29.35 |
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, PR773954 ppc 01Jul24]
|
|
|
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% |
20.89 |
22.67 |
|
2nd year |
75% |
26.12 |
28.34 |
|
3rd year |
90% |
31.35 |
34.02 |
|
Graduate Cadet |
90% |
31.35 |
34.02 |
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, PR773954 ppc 01Jul24]
|
|
Cadet percentage |
Night shift |
|
|
|
% of Level 1 employee |
Weekday shift1 |
Weekend shift2 |
|
|
|
% of ordinary hourly rate3 |
|
|
|
|
115% |
125% |
|
|
% |
$ |
$ |
|
Standard Cadet |
|
|
|
|
1st year |
60% |
20.45 |
22.23 |
|
2nd year |
75% |
25.56 |
27.79 |
|
3rd year |
90% |
30.68 |
33.35 |
|
Graduate Cadet |
90% |
30.68 |
33.35 |
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 B—Summary of Monetary Allowances
[Varied by PR719038, PR729511, PR740917, PR762343, PR774122]
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, PR774122 ppc 01Jul24]
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) |
24.29 |
per meal |
|
Spectacle allowance—maximum payment for first frames |
16.3(g) |
118.86 |
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 C—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule D—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule 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]
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