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Seafood Processing Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2024 (PR773955, PR774051, PR774123 and PR774780).
Clause(s) affected by the most recent variation(s):
2—Definitions
15—Minimum rates
17—Allowances
Part 7—Workplace Delegates, Consultation and Dispute Resolution
26A—Workplace delegates’ rights
Schedule A—Summary of Hourly Rates of Pay
Schedule B—Summary of Monetary Allowances
Schedule C—Supported Wage System
Table of Contents
[Varied by PR718141, PR746868, PR747567, PR750539, PR774780]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
13. Ordinary hours of work and rostering
Part 5— Overtime and Penalty Rates
20. Penalty rates and shiftwork
Part 6— Leave and Public Holidays
22. Personal/carer’s leave and compassionate leave
23. Parental leave and related entitlements
25. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
26A Workplace delegates’ rights
27. Consultation about major workplace change
28. Consultation about changes to rosters or hours of work
Part 8— Termination of employment and Redundancy
Schedule A —Summary of Hourly Rates of Pay
Schedule B —Summary of Monetary Allowances
Schedule C —Supported Wage System
Schedule D —Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation of this Award
1. Title and commencement.
1.1 This award is the Seafood Processing Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733901, PR774780]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all-purpose rate means the rate of pay of an employee who is entitled to an all-purpose loading. This rate is to be used when calculating any penalties or loadings or payment while they are on annual leave.
[Definition of casual employee inserted by PR733901 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774780 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 PR774780 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).
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.
seafood processing has the meaning given in clause 4.2.
[Definition of small business employer inserted by PR774780 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum hourly wage prescribed for the Process Attendant Level 4 classification in 15.1.
[Definition of workplace delegate inserted by PR774780 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743436]
4.1 This industry award covers employers throughout Australia in the seafood processing industry and their employees who are covered by the classifications listed in clause 12—Classifications to the exclusion of any other modern award.
4.2 Seafood processing means the following industries and parts of industries conducted on land post harvesting:
(a) the receipt, sorting and handling of fish, seafood and marine products whether wild or farmed, freshwater or saltwater including but not limited to scale fish, crustaceans, molluscs, and other marine species;
(b) the preparing, cooking, preserving, filleting, gutting, shucking, drying, smoking, freezing, refrigerating, washing, grading, processing and/or canning of fish, seafood and marine products;
(c) the packaging, labelling, palletising, cold storage, chilling and/or freezing, preparing for sale, packing and despatching of fish, seafood and marine products;
(d) the cleaning and sanitising of tools, equipment and machinery used to process fish, seafood and marine products; and
(e) the marketing in fish markets and selling by wholesale of fish, seafood and marine products
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
4.4 This award does not cover:
(a) employers and employees covered by the:
(i) Fast Food Industry Award 2010;
[4.4(a)(ii) varied by PR743436 ppc 11Jul22]
(ii) Food, Beverage and Tobacco Manufacturing Award 2020;
[4.4(a)(iii) varied by PR743436 ppc 11Jul22]
(iii) General Retail Industry Award 2020;
[4.4(a)(iv) varied by PR743436 ppc 11Jul22]
(iv) Hospitality Industry (General) Award 2020;
[4.4(a)(v) varied by PR743436 ppc 11Jul22]
(v) Meat Industry Award 2020;
[4.4(a)(vi) varied by PR743436 ppc 11Jul22]
(vi) Poultry Processing Award 2020; or
(b) an employee employed on an oyster farm.
4.5 This award covers any employer which supplies labour on an on-hire basis in the seafood processing 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 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award covers employers which provide group training services for trainees engaged in the seafood processing industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clauses 4.1 and 4.2 are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.
4.7 The award does not cover:
(a) an employee excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
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 clause 5.11(b).
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 PR763273 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 29—Dispute resolution and/or under section 65B of the Act.
[Varied by PR751084; corrected by PR761390]
[7.2 varied by PR751084; corrected by PR761390 ppc 01May23]
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
10.2 |
Part-time employees |
An individual |
|
13.2(c) |
Ordinary hours of work—day workers—spread of hours |
An individual or the majority of employees |
|
13.2(f) |
Ordinary hours of work—day workers—Sunday |
An individual or the majority of employees |
|
13.5(a) |
Ordinary hours of work—rosters |
The majority of employees |
|
13.6(a) |
Methods of arranging ordinary working hours – ordinary working hours |
An individual or the majority of employees |
|
13.6(d) |
Methods of arranging ordinary working hours – 12 hour days or shifts |
The majority of employees |
|
14.1(a)(ii) |
Unpaid meal breaks |
An individual or the majority of employees |
|
14.1(e) |
Paid meal breaks |
An individual |
|
16.2 |
Payment of wages |
An individual or the majority of employees |
|
19.3(d) |
Rest period after overtime |
An individual |
|
19.7(d) |
Paid rest break |
An individual |
|
19.9 |
Time off instead of payment for overtime |
An individual |
|
20.4 |
Span of hours—shiftwork |
An individual or the majority of employees |
|
20.7(e) |
Rate for working on Sunday and public holiday shifts |
The majority of employees |
|
21.3 |
Conversion to hourly entitlement |
The majority of employees |
|
21.7 |
Annual leave in advance |
An individual |
|
21.14 |
Cashing out of annual leave |
An individual |
|
26.3 |
Substitution of certain public holidays by agreement at the enterprise |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
9. Full-time employees
9.1 Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in this award.
9.2 A full-time employee works an average of 38 ordinary hours per week.
10. Part-time employees
[Varied by PR747567]
(a) is engaged to work an average of less than 38 ordinary hours per week;
(b) has a regular pattern of hours; and
(c) receives, on a pro rata basis, pay and conditions under this award equivalent to those of full-time employees.
10.3 Before commencing part-time employment, the employee and the employer must agree in writing:
(a) on the hours to be worked by the employee, the days on which they will be worked and the commencing and finishing times for the work; and
(b) on the classification applying to the work to be performed in accordance with clause 12—Classifications.
10.4 The terms of the agreement in clause 10.3 may be varied by consent in writing.
10.5 The agreement under clause 10.3 or any variation to it under clause 10.4 must be retained by the employer and a copy of this agreement and any variation to it must be provided to the employee by the employer.
10.6 Except as otherwise provided in this award, a part-time employee must be paid for the hours agreed on in accordance with clauses 10.3 and 10.4.
10.7 A part-time employee who is required by the employer to work in excess of the hours agreed under clauses 10.3 and 10.4 must be paid overtime in accordance with clause 19—Overtime.
[10.8 varied by PR747567 ppc 14Nov22]
10.8 Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee must not lose pay for the day or part-day. Where the part-time employee works on the public holiday, the part-time employee must be paid in accordance with clauses 20.2, 20.7 and 14.2.
11. Casual employees
[Varied by PR723966, PR733901]
[11.1 deleted by PR733901 from 27Sep21]
[11.2 renumbered as 11.1 by PR733901 from 27Sep21]
[11.2(a) substituted by PR723966 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the minimum hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the minimum hourly rate.
(b) The loading constitutes part of the casual employee’s all-purpose rate.
[New 11.3 inserted by PR723966 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733901 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clauses 19.1(b), 19.1(e), 19.4(b), 19.5(b), 19.6(b), 19.6(d) and 19.6(f).
[11.3 renumbered as 11.4 by PR723966, 11.4 renumbered as 11.3 by PR733901 from 27Sep21]
11.3 On each occasion a casual employee is required to attend work the employee must be paid for a minimum of 3 hours’ work. In order to meet their personal circumstances a casual employee may request and the employer may agree to an engagement for less than the minimum of 3 hours.
[11.4 renumbered as 11.5 by PR723966; 11.5 renumbered as 11.4 and substituted by PR733901 from 27Sep21]
11.4 When engaging a casual employee, the employer must inform the employee:
(a) that they are employed as a casual;
(b) by whom the employee is employed;
(c) the employee’s classification level; and
(d) the employee’s rate of pay.
11.5 Offers and requests for casual conversion
[11.5 renumbered as 11.6 by PR723966; 11.6 renumbered as 11.5 and renamed and substituted by PR733901 from 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 29—Dispute resolution.
12.1 Process Attendant Level 1
(a) Point of entry
New employee.
(b) Skills/duties—indicative tasks
An employee in the first 3 months of duty undertakes training for any task including but not limited to sorting, grading, trimming, washing and packaging of fish, seafood and marine products and is under direct supervision.
(c) Promotional criteria
An employee remains at this level for the first 3 months or until they are capable of demonstrating competency in the tasks required at this level so as to enable them to progress to Level 2.
12.2 Process Attendant Level 2
(a) Point of entry
(i) Process Attendant Level 1; or
(ii) Proven and demonstrated skills, including industry certification as appropriate, at Level 2.
(b) Skills/duties—indicative tasks
Indicative of the tasks which an employee at Level 2 may perform are the following:
(i) Filleting,
(ii) Weighing,
(iii) Cleaning of fish and/or shellfish,
(iv) Precise grading, marking and inspection,
(v) Draining, tailing, pickling, crumbing and cooking of seafood,
(vi) Chilling of fish and shellfish,
(vii) Sealing, stopping and stamping of cartons,
(viii) Bulk packaging and operation of single function fish processing equipment,
(ix) Operation of a can closure machine,
(x) Packing in a standard container,
(xi) Recording and documentation as required,
(xii) Cold storage chiller and freezer operations.
(c) Promotional criteria
An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required at this level and are assessed by the employer to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.
12.3 Process Attendant Level 3
(a) Point of entry
(i) Process Attendant Level 2; or
(ii) Proven and demonstrated skills, including industry certification as appropriate, at Level 3.
(b) Skills/duties—indicative tasks
Indicative of the tasks which an employee at Level 3 may perform are the following:
(i) Any or all of the tasks described at Level 2,
(ii) Operation of refrigeration equipment,
(iii) Operation of a forklift of up to 4500 kilograms,
(iv) Operation of steam raising equipment,
(v) Specialist filleting (by hand),
(vi) Setting and operation of a retort to a scheduled process,
(vii) Setting up and monitoring of can closure operations,
(viii) Recording, documentation of production processes and distribution,
(ix) Specialist shucking.
(c) Promotional criteria
An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required at this level and are assessed by the employer to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.
12.4 Process Attendant Level 4
(a) Point of entry
(i) Process Attendant Level 3; or
(ii) Proven and demonstrated skills, including industry certification as appropriate, at Level 4.
(b) Skills/duties—indicative tasks
Indicative of the tasks which an employee at Level 4 may perform are the following:
(i) Any or all of the tasks described at Level 3,
(ii) Supervising and/or co-ordinating of a single processing section or table, whilst being directly answerable to the team leader/room supervisor,
(iii) Quality assurance officer.
13. Ordinary hours of work and rostering
[Varied by PR730921]
13.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
13.2 Ordinary hours of work—day workers
(a) Subject to clause 13.6, the ordinary hours of work are an average of up to 38 per week but not exceeding 152 hours in 28 days.
[13.2(c) substituted by PR730921 ppc 01Jul21]
(c) The spread of hours in clause 13.2(b) (6.00 am to 6.00 pm) may be moved up to one hour forward or one hour back by agreement between an employer and:
(i) the majority of employees at the workplace;
(ii) the majority of employees in a discrete section of the workplace; or
(iii) an individual employee.
Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.
(e) The ordinary hours of work may be worked on any day or all of the days, Monday to Saturday, provided that a day worker must not be required to work more than 5½ days of ordinary hours in a week.
(g) Any work performed outside the spread of hours must be paid for at overtime rates in accordance with clause 19—Overtime. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work but still paid at overtime rates.
13.3 Ordinary hours of work—continuous shiftworkers
(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(b) Subject to clause 13.5(a), the ordinary hours of work for a continuous shiftworker are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.
(c) Paid meal break
A continuous shiftworker is entitled to a 20 minute meal break on each shift which must be counted as time worked.
13.4 Ordinary hours of work—non-continuous shiftworkers
(a) Subject to clause 13.5(a) the ordinary hours of work for a non-continuous shiftworker are an average of 38 per week and must not exceed 152 hours in 28 consecutive days.
(b) The ordinary hours of work must be worked continuously, except for meal breaks, at the discretion of the employer.
13.5 Ordinary hours of work—continuous and non-continuous shiftworkers ––rosters
(b) Except at changeover of shifts an employee must not be required to work more than one shift in each 24 hours.
(c) Where an employee works on a shift other than a rostered shift, they are to be paid in accordance with clause 20.8.
13.6 Methods of arranging ordinary working hours
(a) The arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.
(b) The matters on which agreement may be reached include:
(i) how the hours are to be averaged within a work cycle established in accordance with clauses 13.2, 13.3, 13.4 and 13.5;
(ii) the duration of the work cycle for day workers provided that such duration does not exceed 12 months;
(iii) rosters which specify the starting and finishing times of working hours;
(iv) a period of notice of a rostered day off which is less than 4 weeks;
(v) substitution of rostered days off;
(vi) accumulation of rostered days off;
(vii) arrangements which allow for flexibility in relation to the taking of rostered days off; and
(viii) any arrangements of ordinary hours which exceed 8 hours in any day but not exceeding 12 hours in a day or shift.
(c) Nothing in clause 13.6 affects the employer’s right to determine the daily hours of work for day workers from time to time within the spread of hours referred to in clauses 13.2(b), 13.2(c) and 13.2(d) and the employer’s right to determine the commencing and finishing time of shifts from time to time.
(i) proper health monitoring procedures being introduced;
(ii) suitable roster arrangements being made;
(iii) proper supervision being provided;
(iv) adequate breaks being provided; and
(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.
For work performed which spans the start or finish of a system of daylight saving as prescribed by relevant state or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).
(a) An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award.
(b) An employee on shiftwork may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the rate which would have been applicable to the hours taken off.
(i) in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within 5 hours, an employee must not be required to work for more than 6 hours without a break for a meal; or
(b) The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.
(c) An employer may stagger the time of taking meal and rest breaks to meet operational requirements.
(d) Subject to clause 14.1(a), an employee must work during meal breaks at the ordinary time rate whenever instructed to do so for the purpose of making good any breakdown of plant or for routine maintenance of plant which can only be done while the plant is idle.
(e) The rate of 150% of the minimum hourly rate must be paid for all work done during meal hours and thereafter until a meal break is taken, unless otherwise provided in clause 14.1 or except where any alternative arrangement is entered into by agreement between the employer and the employee concerned.
(a) An employee is entitled to 2 10 minute rest breaks on each day or shift, which are to be counted as time worked without deduction of pay.
(b) The employer may determine the time at which rest breaks are to be taken.
[Varied by PR720159, PR718886, PR729327, PR740752, PR762177, PR773955]
[15.1(a) varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
Classification level |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Process Attendant Level 1 |
891.50 |
23.46 |
|
Process Attendant Level 2 |
903.70 |
23.78 |
|
Process Attendant Level 3 |
984.50 |
25.91 |
|
Process Attendant Level 4 |
1032.30 |
27.17 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
(b) The following adult employees are not entitled to the minimum rates set out in the table in 15.1:
(i) a trainee (see clause 15.6—National training wage); and
(ii) an employee receiving a supported wage (see Schedule C—Supported Wage System).
(c) The classification definitions are set out in clause 12—Classifications.
15.2 Unapprenticed junior minimum rates
The minimum wages for an unapprenticed junior employee are to be calculated in accordance with the percentages set out below applied to the corresponding adult classification minimum rate in clause 15.1:
|
Age |
% |
|
Under 17 years of age |
55 |
|
17 years of age |
65 |
|
18 years of age |
75 |
|
19 years of age and over |
100 |
15.3 Absences from duty under an averaging system
Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following is to apply:
(a) the employee accrues a credit for each day they work ordinary hours in excess of the daily average;
(b) the employee does not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service; and
(c) an employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.
(a) An employee engaged for more than 2 hours during one day or shift on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum rate for such day or shift.
(b) If the employee is engaged for 2 hours or less during one day or shift, they must be paid the higher minimum rate for the time so worked.
For employees who are eligible for a supported wage, see Schedule C—Supported Wage System.
[15.6(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.6(b) varied by PR720159, PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Seafood Processing Award 2020 and not the Miscellaneous Award 2020.
[Varied by PR719902]
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 Except as provided in clause 16.2, wages must be paid weekly or fortnightly, either:
(a) according to the actual ordinary hours worked each week or fortnight; or
(b) according to the average number of ordinary hours worked each week or fortnight.
16.3 Method of payment
Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.
[16.4 deleted by PR719902 ppc 11Jun20]
16.4 Wages to be paid during working hours
[16.5 renumbered as 16.4 by PR719902 ppc 11Jun20]
(a) Where an employee is paid wages by cash or cheque such wages must be paid during ordinary working hours.
(b) If an employee is paid wages by cash and is kept waiting for their wages on pay day after the usual time for ceasing work, the employee must be paid at overtime rates for the period they are kept waiting.
16.5 Day off coinciding with pay day
[16.6 renumbered as 16.5 by PR719902 ppc 11Jun20]
Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must:
(a) be paid no later than the working day immediately following pay day; or
(b) if the employer is able to make suitable arrangements, be paid on the working day preceding pay day.
16.6 Payment on termination of employment
[New 16.6 inserted by PR719902 ppc 11Jun20]
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.6(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.6. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718886, PR719039, PR729327, PR729512, PR740752. PR740918, PR762177, PR762344, PR773955, PR774123]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
[17.2(a) varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
An allowance of $20.54 per week must be paid to an employee who:
(i) has been trained to perform first aid; and
(ii) is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body; and
(iii) is appointed by their employer to perform first aid duty.
(b) Special rates—cold places
[17.2(b)(i) varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
(i) An allowance of $0.76 per hour must be paid to an employee who works for more than one hour in places where the temperature is reduced by artificial means below zero degrees Celsius.
(ii) Where the work continues in the cold place for more than 2 hours, the employee is entitled to 20 minutes’ rest after every 2 hours’ work without loss of pay.
17.3 Expense-related allowances
[17.3(a)(i) varied by PR719039, PR729512, PR740918, PR762344, PR774123 ppc 01Jul24]
(ii) The meal allowance is not payable:
· if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime; or
· if the employee is a shiftworker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime; or
· if the employee lives in the same locality as the enterprise and could reasonably return home for meals; or
· if the employee is provided with an adequate meal by the employer.
(iii) If an employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.
(b) Damage to clothing, spectacles and hearing aids
Where an employee as a result of performing any duty required by the employer, and as a result of the negligence of the employer, suffers any damage to or soiling of their clothing or other personal equipment, including spectacles and hearing aids, then the employer must replace, repair or clean the clothing or other personal equipment.
(c) Protective clothing and equipment
Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory, the employer must reimburse the employee for the cost of purchasing such protective clothing and equipment unless the protective clothing and equipment is supplied by the employer.
17.4 Extra rates not cumulative
The extra rates in this award, except the rate prescribed in clause 17.2(b) (Special rates—cold places) and the rates for work on public holidays, are not cumulative so as to exceed the maximum of double ordinary hourly rates.
[Varied by PR743365, PR771344]
18.1 Superannuation legislation
[18.1 substituted by PR771344 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.
(c) The employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.
18.4 Superannuation fund
[18.4 varied by PR771344 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(b) AustSafe Super;
(c) LUCRF Super;
[18.4(d) varied by PR743365 ppc 07Jul22]
(d) Hostplus;
(e) Tasplan;
(f) CareSuper;
(g) 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 superannuation fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(h) a superannuation fund or scheme which the employee is a defined benefit member of.
18.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Overtime and Penalty Rates
[Varied by PR723966, PR747567, PR763273]
19.1 Payment for working overtime
[19.1(a) substituted by PR723966 ppc 20Nov20]
(a) Full-time and part-time employees
Except as provided for in clauses 19.1(e), 19.5 and 19.6, all time worked outside of ordinary hours on any day or shift, will be paid at the following overtime rates:
(i) 150% of the minimum hourly rate for the first 3 hours; and
(ii) 200% of the minimum hourly rate after 3 hours until the completion of the overtime work; or
(iii) 200% of the minimum hourly rate for a continuous shiftworker.
[New 19.1(b) inserted by PR723966 ppc 20Nov20]
Except as provided for in clauses 19.1(e), 19.5 and 19.6, all time worked outside of ordinary hours on any day or shift, will be paid at the following overtime rates:
(i) 150% of the casual hourly rate prescribed by clause 11.1 for the first 3 hours; and
(ii) 200% of the casual hourly rate prescribed by clause 11.1 after 3 hours until the completion of the overtime work; or
(iii) 200% of the casual hourly rate prescribed by clause 11.1 for a continuous shiftworker.
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[19.1(b) renumbered as 19.1(c) by PR723966 ppc 20Nov20]
(c) For the purposes of clause 19.1, ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 13—Ordinary hours of work and rostering.
[19.1(c) renumbered as 19.1(d) by PR723966 ppc 20Nov20]
[19.1(d) renumbered as 19.1(e) and varied by PR723966 ppc 20Nov20]
(i) 7.6 hours or more of notice has been given to the employer by a relief shiftworker that the relief shiftworker will be absent from work; and
(ii) the shiftworker whom that person should relieve is not relieved; and
(iii) the shiftworker is required to continue work on their rostered day off.
[Note inserted by PR723966 ppc 20Nov20]
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[19.1(e) renumbered as 19.1(f) by PR723966 ppc 20Nov20]
(f) In calculating overtime each day’s work stands alone.
19.2 One in, all in does not apply
The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of one in, all in overtime must not apply.
19.3 Rest period after overtime
(a) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.
(i) clause 19.3(b) is subject to the other provisions of clause 19.3.
(ii) clause 19.3(b) does not apply to casual employees.
(c) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee is entitled;
(i) to be paid at the rate of 200% of the minimum hourly rate until the employee is released from duty for such period; and
(ii) once released from duty, to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.
(d) By agreement between the employer and individual employee, the 10 hour break provided for in clause 19.3 may be reduced to a period of no less than 8 hours.
(e) The provisions of clause 19.3 will apply in the case of a shiftworker as if 8 hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker; or
(iii) where a shift is worked by arrangement between the employees themselves.
[Paragraph numbered as 19.4(a) and varied by PR723966 ppc 20Nov20]
(a) A full-time or part-time day worker required to work overtime on a Saturday must be paid for a minimum of 3 hours’ work at the rate of 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after 3 hours, except where the overtime is continuous with overtime commenced on the previous day.
[19.4(b) inserted by PR723966 ppc 20Nov20]
(b) A casual day worker required to work overtime on a Saturday must be paid for a minimum of 3 hours’ work at the rate of 150% of the casual hourly rate prescribed by clause 11.1 for the first 3 hours and 200% of the casual hourly rate prescribed by clause 11.1 after 3 hours, except where the overtime is continuous with overtime commenced on the previous day.
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[Paragraph numbered as 19.5(a) and varied by PR723966 ppc 20Nov20]
(a) A full-time or part-time employee required to work overtime on a Sunday must be paid for a minimum of 3 hours’ work at the rate of 200% of the minimum hourly rate. The 200% is to be paid until the employee is relieved from duty.
[19.5(b) inserted by PR723966 ppc 20Nov20]
(b) A casual employee required to work overtime on a Sunday must be paid for a minimum of 3 hours’ work at the rate of 200% of the casual hourly rate prescribed by clause 11.1. The 200% is to be paid until the employee is relieved from duty.
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[19.6(a) varied by PR723966 ppc 20Nov20]
(a) A full-time or part-time day worker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the minimum hourly rate. The 250% is to be paid until the employee is relieved from duty.
[New 19.6(b) inserted by PR723966 ppc 20Nov20]
(b) A casual day worker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the casual hourly rate prescribed by clause 11.1. The 250% is to be paid until the employee is relieved from duty.
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[19.6(b) renumbered as 19.6(c) and varied by PR723966 ppc 20Nov20]
[New 19.6(d) inserted by PR723966 ppc 20Nov20]
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[19.6(c) renumbered as 19.6(e) by PR723966 ppc 20Nov20]
(e) A non-continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the minimum hourly rate. The 250% is to be paid until the employee is relieved from duty.
[19.6(f) inserted by PR723966 ppc 20Nov20]
(f) A casual non-continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the casual hourly rate prescribed by clause 11.1. The 250% is to be paid until the employee is relieved from duty.
NOTE: The casual hourly rate is the minimum hourly rate prescribed by the award plus the casual loading prescribed by clause 11.1(a)(ii).
[19.6(g) inserted by PR747567 ppc 14Nov22]
(g) Work on part-day public holidays
Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 19.6.
(b) Where a day worker is required to work overtime on a Saturday, Sunday or public holiday or on a rostered day off, the first rest break must be paid at the employee’s ordinary time rate.
(c) Where overtime is to be worked immediately after the completion of ordinary hours on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime, is entitled to a rest break of 20 minutes to be paid at the employee’s minimum hourly rate.
(d) An employer and employee may agree to any variation of clause 19.7 to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 19.7.
(e) An employee entitled to a paid rest break may be entitled to a meal allowance in accordance with clause 17.3(a).
19.8 Transport of employees
When an employee, after having worked overtime or a shift for which they have not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer must provide the employee with a conveyance home, or pay the employee at the overtime rate for the time reasonably occupied in reaching home.
19.9 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 19.9(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 19.9 is set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.9 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 19.9 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.9 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 19.9 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.9 will apply, including the requirement for separate written agreements under clause 19.9(b) for overtime that has been worked.
[Note varied by PR763273 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.9.
20. Penalty rates and shiftwork
[Varied by PR730921, PR747567]
20.1 Saturday and Sunday work—day worker
The rate to be paid to a day worker for ordinary time worked:
(a) before noon on a Saturday is 125% of the minimum hourly rate; and
(b) after noon on a Saturday is 150% of the minimum hourly rate.
(c) Where agreement is reached in accordance with clause 13.2(f), the rate to be paid to a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday is 200%.
20.2 Work on a public holiday–day worker
(b) The 250% rate must be paid to the employee until the employee is relieved from duty.
[20.2(c) inserted by PR747567 ppc 14Nov22]
(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 20.2(a).
For the purposes of this award:
(a) rostered shift means any shift of which the employee concerned has had at least 48 hours’ notice;
(b) afternoon shift means any shift finishing after 6.00 pm and at or before midnight; and
(c) night shift means any shift finishing after midnight and at or before 8.00 am.
[20.4 substituted by PR730921 ppc 01Jul21]
20.4 The spread of hours over which shifts may be worked may be moved up to one hour forward or one hour back by agreement between an employer and:
(a) the majority of employees at the workplace;
(b) the majority of employees in a discrete section of the workplace; or
(c) an individual employee.
Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.
20.5 Afternoon and night shift penalty rates
(a) An employee who works on afternoon or night shift must be paid 115% of the minimum hourly rate for such shift.
An employee who works on an afternoon or night shift which does not continue:
(i) for at least 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day enterprise (where no more than 8 ordinary hours are worked on each shift); or
(ii) for at least 38 ordinary hours (where more than 8 ordinary hours are worked on each shift and the shift arrangement is in accordance with clauses 13.3, 13.4 or 13.5);
must be paid for each shift 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate for the remaining hours.
An employee who:
(i) during a period of engagement on shift, works night shift only; or
(ii) remains on night shift for a longer period than 4 consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle;
must, during such engagement, period or cycle, be paid 130% of the minimum hourly rate for all time worked during ordinary working hours on such night shift.
20.6 Rate for working on Saturday shifts
The rate at which a shiftworker must be paid for work performed between midnight on Friday and midnight on Saturday is 150% of the minimum hourly rate. The extra rate is in substitution for and not cumulative upon the shift penalty rates prescribed in clause 20.5.
20.7 Rate for working on Sunday and public holiday shifts
(a) The rate at which a continuous shiftworker must be paid for work on a rostered shift the major portion of which is performed on a Sunday or public holiday is 200% of the minimum hourly rate.
· on a Sunday is 200% of the minimum hourly rate; and
· on a public holiday is 250% of the minimum hourly rate.
(d) The time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday must be regarded as time worked on the Sunday or public holiday.
(f) The extra rates in clause 20.7 are in substitution for and not cumulative upon the shift allowances prescribed in clause 20.4.
Where an employee works on a shift other than a rostered shift, the employee must:
(a) if employed on continuous work, be paid at the rate of 200% of the minimum hourly rate; or
(b) if employed on other shiftwork:
(i) be paid at the rate of 150% of the minimum hourly rate for the first 3 hours; and
(ii) 200% of the minimum hourly rate thereafter.
(c) Clause 20.8 does not apply when the time is worked:
(i) by arrangement between the employees themselves;
(ii) for the purposes of effecting the customary rotation of shifts; or
(iii) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment in accordance with the stand down provisions in Part 3-5 of the Act.
Part 6—Leave and Public Holidays
[Varied by PR751084]
21.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.
21.2 Definition for shiftworker
For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.
21.3 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (i.e. 152 hours for a full-time employee entitled to 4 weeks of annual leave and 190 hours for a shiftworker as defined in clause 21.2).
21.4 Payment for period of annual leave
(a) An employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period. This will be paid instead of the base rate of pay as referred to in section 90(1) of the Act.
(b) The wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including:
(i) allowances, loadings and penalties paid for all purposes of the award;
(ii) first aid allowance; and
(iii) any other wages payable under the employee’s contract of employment including any over-award payment.
(c) The employee is not entitled to annual leave payments in respect of:
· overtime;
· special rates; or
· any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
(a) During a period of annual leave an employee must also be paid a loading calculated on the wages prescribed in clause 21.4.
(b) The loading must be as follows:
(i) Day work
An employee who would have worked on day work only had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 21.4 or the relevant weekend penalty rates, whichever is the greater but not both.
(ii) Shiftwork
An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 21.4 or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.
21.6 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 21, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 21.7 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 21.7 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 21.7, 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.
21.8 Excessive leave accruals: general provision
NOTE: Clauses 21.8 to 21.10 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2).
(c) Clause 21.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 21.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
21.9 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 21.9(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.8, 21.9 or 21.10 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 21.9(a) that is in effect.
(d) An employee to whom a direction has been given under clause 21.9(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 21.9(d) may result in the direction ceasing to have effect. See clause 21.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
21.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 21.10(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 21.9(a) that, when any other paid annual leave arrangements (whether made under clause 21.8, 21.9 or 21.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 21.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.8, 21.9 or 21.10 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 21.10(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 21.10(a).
21.11 Direction to take annual leave during shutdown
[21.11 renamed and substituted by PR751084 ppc 01May23]
(a) Clause 21.11 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 of 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 21.11(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 21.11(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 21.11(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 21.11(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 21.7.
(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 21.7, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 21.8 to 21.10 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 21.11.
21.12 Transfer of business
Where a business is transferred from one employer to another, the period of continuous service that an employee had with the old employer must be deemed to be service with the new employer and taken into account when calculating annual leave. However an employee is not entitled to leave or payment instead for any period in respect of which leave has been taken or paid for.
21.13 Payment of leave on termination
On termination of employment, an employee must be paid for annual leave accrued that has not been taken at the appropriate wage calculated in accordance with clause 21.4.
21.14 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.14.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.14.
(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 21.14 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 21.14 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 21.14 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 21.14.
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 21.14.
NOTE 3: An example of the type of agreement required by clause 21.14 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.
22. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
23. Parental leave and related entitlements
[23 varied by PR763273 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 29—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
25. Family and domestic violence leave
[25—Unpaid family and domestic violence leave renamed and substituted by PR750539 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.
26.1 Public holidays are provided for in the NES.
26.2 Where an employee works on a public holidays they will be paid in accordance with clauses 20.2, 20.7 and 19.6.
26.3 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.
26.4 Rostered day off falling on public holiday
(a) Except as provided for in clauses 26.4(c) and 26.4(d) and where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:
(i) 7.6 hours of pay at the ordinary time rate; or
(ii) 7.6 hours of extra annual leave; or
(iii) a substitute day off on an alternative week day.
[New 26.4(b) inserted by PR747567 ppc 14Nov22]
(b) If a public holiday is a part-day public holiday, then clause 26.4(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
[26.4(b) renumbered as 26.4(c) by PR747567 ppc 14Nov22]
(c) Where an employee has credited time accumulated pursuant to clause 15.3, then such credited time should not be taken as a day off on a public holiday.
[26.4(c) renumbered as 26.4(d)and varied byPR747567 ppc 14Nov22]
(d) If an employee is rostered to take credited time accumulated pursuant to clause 15.3 as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day or part day.
[26.4(d) renumbered as 26.4(e) by PR747567 ppc 14Nov22]
(e) Clauses 26.4(c) and 26.4(d) do not apply in relation to days off which are specified in an employee’s regular roster or pattern of ordinary hours as clause 26.4(a) applies to such days off.
[26.5 deleted by PR747567 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774780 from 01Jul24]
26A. Workplace delegates’ rights
[26A inserted by PR774780 from 01Jul24]
26A.1 Clause 26A 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 26A.
26A.2 In clause 26A:
(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.
26A.3 Before exercising entitlements under clause 26A, 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.
26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
26A.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.
26A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.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.
26A.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 26A.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.
26A.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.
26A.9 Exercise of entitlements under clause 26A
(a) A workplace delegate’s entitlements under clause 26A 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 26A 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 26A 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 26A.
27. Consultation about major workplace change
27.1 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.
27.2 For the purposes of the discussion under clause 27.1(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.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 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 27.1(b).
27.5 In clause 27 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.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
28.1 Clause 28 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.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763273]
29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, 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.
29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.
29.5 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.
29.6 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.
29.7 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 29.
29.8 While procedures are being followed under clause 29 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.
29.9 Clause 29.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763273 ppc 01Aug23]
NOTE 1: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763273 ppc 01Aug23]
NOTE 2: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8—Termination of employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
30.1 Notice of termination by an employee
(a) Clause 30.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 |
Column 2 |
|
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 30.1(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 30.1(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 30.1(b), then no deduction can be made under clause 30.1(d).
(f) Any deduction made under clause 30.1(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 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See section 119 to 123 of the Act.
31.1 Transfer to lower paid duties on redundancy
(a) Clause 31.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 31.1(c).
(c) If the employer acts as mentioned in clause 31.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
31.2 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 31 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.
31.3 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 31.3(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 31.3(b).
(d) An employee who fails to produce proof when required under clause 31.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 30.2.
Schedule A—Summary of Hourly Rates of Pay
[Varied by PR718886, PR729327, PR740752, PR762177, PR773955]
A.1 Full-time and part-time employees
A.1.1 Full-time and part-time day workers—ordinary and penalty rates
[A.1.1 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
Before noon |
After noon |
||||
|
|
% of minimum hourly rate |
||||
|
|
100% |
125% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Process Attendant Level 1 |
23.46 |
29.33 |
35.19 |
46.92 |
58.65 |
|
Process Attendant Level 2 |
23.78 |
29.73 |
35.67 |
47.56 |
59.45 |
|
Process Attendant Level 3 |
25.91 |
32.39 |
38.87 |
51.82 |
64.78 |
|
Process Attendant Level 4 |
27.17 |
33.96 |
40.76 |
54.34 |
67.93 |
A.1.2 Full-time and part-time day workers—overtime rates
[A.1.2 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
First 3 hours |
After 3 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Process Attendant Level 1 |
35.19 |
46.92 |
46.92 |
58.65 |
|
Process Attendant Level 2 |
35.67 |
47.56 |
47.56 |
59.45 |
|
Process Attendant Level 3 |
38.87 |
51.82 |
51.82 |
64.78 |
|
Process Attendant Level 4 |
40.76 |
54.34 |
54.34 |
67.93 |
A.1.3 Full-time and part-time shiftworkers—penalty rates
[A.1.3 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
|
Afternoon & night |
Non-successive shifts1 |
Permanent night2 |
Saturday |
Non-continuous shiftworker |
Continuous shiftworker |
||
|
First 3 hours |
After 3 hours |
Sunday |
Public holiday |
Sunday or public holiday |
||||
|
|
% of minimum hourly rate |
|||||||
|
|
115% |
150% |
200% |
130% |
150% |
200% |
250% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Process Attendant Level 1 |
26.98 |
35.19 |
46.92 |
30.50 |
35.19 |
46.92 |
58.65 |
46.92 |
|
Process Attendant Level 2 |
27.35 |
35.67 |
47.56 |
30.91 |
35.67 |
47.56 |
59.45 |
47.56 |
|
Process Attendant Level 3 |
29.80 |
38.87 |
51.82 |
33.68 |
38.87 |
51.82 |
64.78 |
51.82 |
|
Process Attendant Level 4 |
31.25 |
40.76 |
54.34 |
35.32 |
40.76 |
54.34 |
67.93 |
54.34 |
1 Non-successive shifts is defined in clause 20.5(b).
2 Permanent night is defined in clause 20.5(c).
A.1.4 Full-time and part-time shiftworkers—overtime
[A.1.4 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
|
Non-continuous shiftworker |
Continuous shiftworker |
|||
|
|
Monday - Saturday |
Sunday |
Public holiday |
All day |
|
|
|
First 3 hours |
After 3 hours |
|||
|
|
% of minimum hourly rate |
||||
|
|
150% |
200% |
200% |
250% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Process Attendant Level 1 |
35.19 |
46.92 |
46.92 |
58.65 |
46.92 |
|
Process Attendant Level 2 |
35.67 |
47.56 |
47.56 |
59.45 |
47.56 |
|
Process Attendant Level 3 |
38.87 |
51.82 |
51.82 |
64.78 |
51.82 |
|
Process Attendant Level 4 |
40.76 |
54.34 |
54.34 |
67.93 |
54.34 |
A.2 Casual employees
A.2.1 Casual ordinary hourly rate includes the casual loading which is payable for all purposes.
A.2.2 Casual employees—ordinary and penalty rates
[A.2.2 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
Before noon |
After noon |
||||
|
|
% of casual ordinary hourly rate |
||||
|
|
100% |
125% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Process Attendant Level 1 |
29.33 |
36.66 |
44.00 |
58.66 |
73.33 |
|
Process Attendant Level 2 |
29.73 |
37.16 |
44.60 |
59.46 |
74.33 |
|
Process Attendant Level 3 |
32.39 |
40.49 |
48.59 |
64.78 |
80.98 |
|
Process Attendant Level 4 |
33.96 |
42.45 |
50.94 |
67.92 |
84.90 |
A.2.3 Casual shiftworkers––penalty rates
[A.2.3 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
|
|
Afternoon & night |
Non-successive shifts1 |
Permanent night2 |
Saturday |
Non-continuous shiftworker |
Continuous shiftworker |
||
|
First 3 hours |
After 3 hours |
Sunday |
Public holiday |
Sunday or public holiday |
||||
|
|
% of casual ordinary hourly rate |
|||||||
|
|
115% |
150% |
200% |
130% |
150% |
200% |
250% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Process Attendant Level 1 |
33.73 |
44.00 |
58.66 |
38.13 |
44.00 |
58.66 |
73.33 |
58.66 |
|
Process Attendant Level 2 |
34.19 |
44.60 |
59.46 |
38.65 |
44.60 |
59.46 |
74.33 |
59.46 |
|
Process Attendant Level 3 |
37.25 |
48.59 |
64.78 |
42.11 |
48.59 |
64.78 |
80.98 |
64.78 |
|
Process Attendant Level 4 |
39.05 |
50.94 |
67.92 |
44.15 |
50.94 |
67.92 |
84.90 |
67.92 |
1 Non-successive shifts is defined in clause 20.5(b).
2 Permanent night is defined in clause 20.5(c).
Schedule B—Summary of Monetary Allowances
[Varied by PR718886, PR719039, PR729327, PR729512, PR740752, PR740918, PR750820, PR762177, PR762344, PR773955, PR774123]
See clause 17—Allowances for full details of allowances payable under this award.
B.1 Wage-related allowances
[B.1.1 varied by PR718886, PR729327, PR740752, PR762177, PR773955 ppc 01Jul24]
B.1.1 The wage-related allowances in clause 17.2 of this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for Process Attendant Level 4 in 15.1 = $27.17.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
First aid allowance |
17.2(a) |
75.6 |
20.54 |
per week |
|
Cold places allowance |
17.2(b) |
2.8 |
0.76 |
per hour |
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750820 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
B.2 Expense-related allowances
[B.2.1 varied by PR719039, PR729512, PR740918, PR762344, PR774123 ppc 01Jul24]
B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—overtime |
17.3(a)(i) |
17.92 |
per occasion |
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 |
Schedule C—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause C.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
Schedule D—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule E—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 F—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 G—Part-day Public Holidays deleted by PR747567 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
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