MA000071

Timber Industry Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 August 2023 (PR763276).

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

7Requests for flexible working arrangements

26Overtime

30Parental leave and related entitlements

36Dispute resolution

 

Table of Contents

[Varied by PR740143, PR746868, PR747387, PR750553]

Part 1— Application and Operation of this Award. 4

1. Title and commencement 4

2. Definitions. 4

3. The National Employment Standards and this award. 10

4. Coverage. 10

5. Exclusions. 13

6. Individual flexibility arrangements. 13

7. Requests for flexible working arrangements. 15

8. Facilitative provisions. 15

Part 2— Types of Employment and Classifications. 16

9. Types of employment 16

10. Full-time employees. 16

11. Part-time employees. 16

12. Casual employees. 17

13. Piecework—General Timber Stream.. 18

14. Fire fighting employees. 20

15. Apprentices. 23

16. Classifications. 25

Part 3— Hours of Work. 25

17. Ordinary hours of work. 25

18. Rostering arrangements. 26

19. Breaks. 28

Part 4— Wages and Allowances. 31

20. Minimum rates. 31

21. Payment of wages. 37

22. Wage-related allowances. 39

23. Expense-related allowances. 42

24. Accident Pay. 48

25. Superannuation. 49

Part 5— Overtime and Penalty Rates. 50

26. Overtime. 50

27. Penalty rates and shiftwork arrangements. 55

Part 6— Leave and Public Holidays. 58

28. Annual leave. 58

29. Personal/carer’s leave and compassionate leave. 65

30. Parental leave and related entitlements. 65

31. Community service leave. 66

32. Family and domestic violence leave. 66

33. Public holidays. 66

Part 7— Consultation and Dispute Resolution. 69

34. Consultation about major workplace change. 69

35. Consultation about changes to rosters or hours of work. 70

36. Dispute resolution. 71

37. Dispute resolution procedure training. 72

Part 8— Termination of Employment and Redundancy. 72

38. Termination of employment 72

39. Redundancy. 74

Schedule A —Classification Definitions —General Timber Stream.. 77

Schedule B —Classification Definitions—Wood and Timber Furniture Stream.. 105

Schedule C —Classification Definitions —Pulp and Paper Stream.. 117

Schedule D —Summary of Hourly Rates of Pay. 122

Schedule E —Summary of Monetary Allowances. 131

Schedule F —School-based Apprentices. 134

Schedule G —Supported Wage System.. 135

Schedule H —Piece Rates for Workers in Specified Districts. 138

Schedule I —Agreement to Take Annual Leave in Advance. 141

Schedule J —Agreement to Cash Out Annual Leave. 142


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Timber Industry Award 2020.

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

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

2.                      Definitions

[Varied by PR733906]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means a person of 21 years of age or over at the time of entering into an indenture or training agreement as provided for in clause 15Apprentices.

afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

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

[Definition of casual employee inserted by PR733906 from 27Sep21]

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

continuous work means work carried on with consecutive shifts of persons throughout the 24 hours of each of at least 6 consecutive days without interruptions except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).

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

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

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

engine driver means any person who operates or drives any engine or engines, the motive power of which is either steam, gas, oil, water, compressed air or electricity, and includes any person who is called upon in the ordinary course of their duty to do engine driver’s work other than simply stopping or starting an engine under the supervision of an engine driver.

estimator means an employee who has served an apprenticeship to any of the building trades or as a draughtsperson who is engaged in preparing cutting lists of timber for use in the manufacture of building components from builders, architects, or other plans.

examiner (Timber tradesperson—Level 5 or above) means an employee who is capable of using all measuring equipment and who is sufficiently versatile to examine and check any kind of product normally produced. They may be called upon to work under supervision but are not expected to exercise discretion and are only required to accept or reject those articles which conform or fail to conform to clearly defined standards.

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

glazier means an employee who is called upon to cut plate, sheet, figured, rolled and other flat glass, also structural glass, and to glaze and fit into wood and/or steel and/or metal and to fix structural glass.

greaser or oiler means any person substantially engaged in greasing or oiling any engine, machinery or shafting.

head faller means an employee who selects timber for falling, exercises supervision over 2 or more other fallers and/or who sharpens fallers’ saws used in bush operations.

inspector (Timber tradesperson—Level 6 or above) means a tradesperson who is engaged to inspect components or finished products whilst in production or upon completion as to their conformity with a specific standard of quality and accuracy and who is authorised to exercise and does exercise discretion to pass components which may not conform to that standard.

[Definition of irregular casual employee deleted by PR733906 from 27Sep21]

leading hand means an employee who, while working, has charge or control of any adult person or persons not apprentices and who has been appointed by the employer to take such charge or control. This definition does not apply to engine drivers, firemen or greasers.

machinist A grade (Timber tradesperson—Level 5) means a tradesperson wood machinist who has served the prescribed apprenticeship to wood machining as set out in this or previous awards, or an adult by reason of training for 4 years or more and experience is, at the time of engagement or subsequent thereto, deemed by the employer to be capable and is willing to perform the work of a tradesperson wood machinist. Work which will include the work of operating and setting up and/or grinding the knives and cutters of any of the following machines upon which the employee is employed notwithstanding that the employee may not be called upon to perform all such work:

(a)          automatic profile sander;

(b)         shaper who works freehand or automatic shaper (other than grooving and/or slotting in box and case making);

(c)          boult’s carver;

(d)         buzzer and/or jointer (using other than straight knives and cutters);

(e)          crossgrainer;

(f)           cabinetmaker;

(g)          chair frame maker;

(h)         computerised automatic 2 dimensional dividing and squaring saw;

(i)            double edgebander and/or double ended tenoner;

(j)           edgebander;

(k)         dowel machine (multiple type);

(l)            drum sander (4 or more drums);

(m)       general joiner;

(n)         lindemann gluer and jointer;

(o)          longitudinal grooving machine;

(p)         lock angle machine;

(q)         mosaic flooring machine (other than assembling machine);

(r)          moulder;

(s)           multi-headed boring machine, with 3 or more bits;

(t)           panel line machine;

(u)         planer—3 heads or more (other than box);

(v)          planer, box (4 heads or more);

(w)        polisher including a person who is responsible for the setting up and operation of a curtain coating machine;

(x)          sets up and operates any programmed and/or computerised high output wood machine not mentioned herein;

(y)          responsible person in charge of radio frequency gluing equipment and radio frequency gluing operations;

(z)          router, working freehand;

(aa)      shaper (other than grooving and/or slotting in box and case making);

(bb)     spoke throater;

(cc)       tenoner (using scribing irons, other than an automatic tenoner);

(dd)     upholsterer who is capable of and does spring canvas, first and second stuff cover finish;

(ee)       trusser or crozier;

(ff)         variety turning on lathes other than automatic lathes;

(gg)      v-grooving machine;

(hh)     v-line folding machine;

(ii)         vinyl or melamine laying machine;

(jj)         wood chipper;

(kk)     wood carver; and

(ll)         wood turner who grinds cutters and/or sets up and operates or who works freehand and a turner who sets up and operates a copying or automatic lathe.

An employee operating any of the following machines: automatic shaper; boult’s carver; buzzer and/or jointer; general joiner; lindeman gluer and jointer; and a router will be a machinist A grade notwithstanding such employee does not set up and/or grind the knives and cutters.

machinist B grade means an adult employee other than a tradesperson, operating and setting up and/or grinding the knives or cutters of any of the following machines:

(a)          automatic lathe;

(b)         band and/or jig saw (other than sawmilling);

(c)          belt sander and bobbin sander;

(d)         belt sander on veneers;

(e)          borer (3 or more spindles);

(f)           buzzer and/or jointer (using straight knives or cutters);

(g)          circular saw;

(h)         copying lathe;

(i)            dovetailer;

(j)           dowel machine (single type);

(k)         drum sander (double or triple drums);

(l)            end matcher, finger jointer and all other male and female profile machines;

(m)       glue jointer and/or automatic dowel driving machine;

(n)         mechanical cutting veneer guillotine and veneer press

(o)          microplaner;

(p)         morticer (chain or hollow chisel of any kind or any other);

(q)         panel line machine;

(r)          planer (one or 2 heads) other than box;

(s)           planer, box (less than 4 heads);

(t)           pole scarfing (including operator of such machine who also operates a pole boring or pole capping machine);

(u)         radial head using saws or cutters in the making of component parts for pre-cut buildings or of roof trusses or any other form of trusses;

(v)          relisher;

(w)        router (working from templates, dies, jigs or fences);

(x)          sets up and operates a tenoner, other than double ended tenoner;

(y)          shaper (grooving and/or slotting in box and case making);

(z)          slicer (box);

(aa)      spiking machine (incisor);

(bb)     thicknesser;

(cc)       timber bending machine;

(dd)     v-grooving machine;

(ee)       v-line folding machine;

(ff)         vinyl or melamine laying machine;

(gg)      wood chipping machine (other than log chipper); and

(hh)     wood wool machine.

measurer means an employee who measures and records dimensions and number of pieces of sawn timber.

millwright means a tradesperson engaged in installing and/or maintaining machinery.

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.

night shift means any shift finishing after midnight and at or before 8.00 am.

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.

order means the demand of a customer or of the employer, or someone on the employer’s behalf, to the orderperson for an expressed size and class or expressed sizes and classes of timber.

ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clause 20Minimum rates plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

[Definition of regular casual employee inserted by PR733906 from 27Sep21]

regular casual employee has the meaning given by section 12 of the Act.

rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice.

sawbenches classifications:

(a)          breaking down bench includes a circular saw, a band saw, twin saws, horizontal saw or vertical frame saw when any of such saws is used for the purposes of reducing a log to flitches;

(b)         no. 1 bench means any bench which takes flitches from the breaking down bench;

(c)          no. 2 bench means any bench which is fed directly from a no. 1 bench or an edger sawbench, and which is not being used as a picket bench within no. 4 bench;

(d)         no. 3 bench means any bench which is fed directly from a no. 2 bench and which is not being used as a picket bench within no. 4 bench; and

(e)          no. 4 bench means a bench on which timber is cut into pickets, lathes, droppers, palings, staves or other small sizes which do not exceed 7.6 cm by 3.8 cm by 2.7 metres or the equivalent in section by 2.7 metres.

saw doctor means an employee who may be required to manufacture from blank ribbon steel band saws of varying widths and who punches teeth, grinds teeth, swages and sets, hard tips teeth, tensions and levels circular saws, grinds, sharpens and sets circular saws, maintains chainsaw chains, hand saws and frame saws and who when required, is responsible for the training of other employees.

saw sharpener means an employee who sharpens, sets and tensions saws only, using either hand or automatic grinding equipment, file setting lever and setting gauge saw sharpener.

standard rate means the minimum weekly rate for a Level 5 in clause 20Minimum rates.

stand-by means all times between 10.00 am and 6.00 pm on a Saturday, Sunday or public holiday during which period a fire fighting employee will be available, either at home or at such other place as is mutually agreed between the employer and the employee, in readiness for an immediate call to work(except for the times as provided in clause 14.3(p)(iv)).

timber tradesperson millwright—special class means an employee who installs, repairs and maintains complex machinery and equipment including machinery which utilises hydraulic or pneumatic principles and who in the course of such work is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems; who has completed appropriate training as described in the classification descriptions of this award.

training agreement means an agreement for a Career Start Traineeship that is registered with the appropriate State or Territory training authority or under the provisions of the appropriate State or Territory legislation.

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.

4.                      Coverage

4.1                   This industry award covers employers throughout Australia in the industry sectors described in clause 4.2 and to the work and persons performing such work as listed in the skill grade structures, as described in clause 2Definitions. Without limiting the scope of this award it applies to the types of work listed in clause 4.2 in the forest and building products, manufacturing and merchandising, and pulp and paper sectors and persons performing such work or employed in connection with the following work, to the exclusion of any other modern award.

4.2                   The following activities are arranged in industry sectors for ease of use. In reality each sector may overlap and include any or all activities from other sectors.

(a)          Harvesting and forestry management sector

(i)           Harvesting timber, processing of harvested timber, operating any machinery or vehicle in connection with harvesting, lifting, processing and transporting timber.

(ii)         Routine maintenance of equipment or vehicle.

(iii)       Preparation of forest for harvesting operations, maintenance of forest during harvesting and activities associated with the rejuvenation of forest during and after harvesting operations, where carried out by employers engaged in harvesting operations.

(iv)       General forestry and forest management work where carried out by employers engaged in harvesting operations.

(b)         Milling and processing sector

(i)           Processing of logs and other forms of raw timber into building timber and other value-added products in timber mills, factories, merchant’s premises and other locations.

(ii)         Processing includes lifting, sorting, stacking, storing, warehousing transporting, debarking, sawing, dressing, drying, machining, laminating, jointing, chipping, treating and carrying out any grading, labelling and clerical functions associated with processing.

(iii)       Operation of any machinery used in processing or in connection with processing including plant and infrastructure and any maintenance associated with such machinery, plant or infrastructure.

(iv)       Assembling and construction of products from processed timber.

(v)         Supervision, co-ordination and planning of the processing activities and processing infrastructure.

(c)          Panel products sector

(i)           Manufacturing of boards, panels or veneer from timber and timber products.

(ii)         Handling, sorting, stacking, lifting, treating, cutting, pressing, gluing, edging, trimming, painting, laminating and processing in any manner, board, panel or veneer.

(iii)       Transporting and storing board, panels or veneer.

(iv)       Operating and maintaining any or all machinery associated with board, panel or veneer manufacture including manufacturing plant and infrastructure.

(v)         Planning, setting-up and assembling products from board, panel or veneer and associated components.

(d)         Manufacturing sector

(i)           All activities listed in the milling and processing sector in clause 4.2(b).

(ii)         Machining timber in any manner to produce components and articles.

(iii)       Planning, setting-up and assembling wood components and associated attachments into products.

(iv)       Painting and glazing products.

(v)         Manufacturing frames, trusses, doors, windows and other building products or components from wood or timber.

(vi)       Measuring, estimating, designing and manufacturing products for building and other purposes.

(vii)     Manufacturing wooden sporting goods including for cricket, hockey, lacrosse, polocrosse, billiards and/or badminton.

(viii)   Cabinet making, wood machining, wood turning, wood carving, finishing, polishing, upholstering and other work carried out in or in connection with preparing, packing, assembling, manufacturing repairing or fixing, whether new or second hand any article of furniture including inbuilt and caravan furniture, chairs and seating, picture frames, musical instruments and toys; where any of the foregoing are made of wood or timber, manufactured wood or timber products; and any other product made from wood.

(e)          Merchandising and retailing sector

(i)           All activities listed in the manufacturing sector in clause 4.2(d).

(ii)         Displaying, demonstrating, preparing, handling, providing advice and selling timber and timber related products, hardware and building products in wholesale and timber merchant/retail outlets.

(iii)       Activities associated with the importing and wholesaling of timber products.

(iv)       Calculating and processing customer orders and dealing with customers generally.

(f)           Pulp and paper sector

The manufacture, process and supply of: pulp and recycled pulp; plastic materials where obtained from the wood and cooking chemicals derived from the manufacture, processing and supply of pulp and recycled pulp; paper, including paper board, strawboard, paper bags or any similar commodity, brown papers, copy paper, envelope grade paper, hardboard paper, kraft paper, linerboard, publication and printing papers, sackcraft, security papers, watermark papers, fruit trays, egg cartons, wine trays, paper towel, facial tissue, toilet tissue, paper napkins, printed tissue products (including printed and laminated) where printing and conversion occurs in conjunction with the processing of pulp for tissue manufacture.

4.3                   Reference to timber and/or wood in this award without in any way limiting the ordinary meaning of the words, will also include any artificial, laminated or manufactured material now in existence or hereafter coming into existence from whatever materials made or constructed or manufactured, which is or can be used in the place of wood or timber and worked in a similar manner as wood or timber.

4.4                   This award covers any employer which supplies labour on an on-hire basis in the industry sectors described in clause 4.2 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 those industry sectors. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5                   This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry sectors and/or parts of those industry sectors set out at clause 4.2 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.2 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

5.                      Exclusions

5.1                   The award does not cover employers and employees covered by the following awards:

(a)          Silviculture Award 2020;

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

(c)          Road Transport and Distribution Award 2020; or

(d)         Road Transport (Long Distance Operations) Award 2020.

5.2                   This award does not cover:

(a)          an employee excluded from award coverage by the Act;

(b)         employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c)          employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

5.3                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

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.

6.                      Individual flexibility arrangements

[6—Award flexibility renamed and substituted by PR740143 ppc 02May22]

6.1                   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.

6.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

6.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

6.4                   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.

6.5                   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.

6.6                   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.

6.7                   An agreement must be:

(a)          in writing; and

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

6.8                   Except as provided in clause 6.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

6.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

6.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

6.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

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

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

6.12               An agreement terminated as mentioned in clause 6.11(b) ceases to have effect at the end of the period of notice required under that clause.

6.13               The right to make an agreement under clause 6 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.

7.                      Requests for flexible working arrangements

[7 substituted by PR763276 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 36Dispute resolution and/or under section 65B of the Act.

8.                      Facilitative provisions

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

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

(a)          clause 13.7Measurement of logs;

(b)         clause 17.2(c)Ordinary hours and roster cycles—day workers;

(c)          clause 17.3(c)Ordinary hours and roster cycles—shiftworkers;

(d)         clause 18.4(b)(i)Substitute days;

(e)          clause 19.2Alteration of meal breaks;

(f)           clause 19.4(a)(iii)Outside ordinary hours;

(g)          clause 21.1Period of payment;

(h)         clause 23.13(b)Travelling allowance—bushworkers other than pieceworkers;

(i)            clause 26.3(a)(iv)Shiftwork payments for overtime;

(j)           clause 26.15Time off instead of payment for overtime

(k)         clause 27.3(b)(vi)Payment for ordinary shifts;

(l)            clause 28.3Conversion to hourly entitlement;

(m)       clause 28.11Annual leave in advance;

(n)         clause 28.13Cashing out of annual leave; and

(o)          clause 33.2Substitution of public holidays by agreement.

Part 2—Types of Employment and Classifications

9.                      Types of employment

[Varied by PR740143]

9.1                   Employees under this award will be employed in one of the following categories:

(a)          full-time;

(b)         part-time;

[9.1(c) varied by PR740143 ppc 02May22]

(c)          piecework (see clause 13Piecework—General Timber Stream); or

(d)         casual.

10.                 Full-time employees

10.1               A full-time employee is engaged to work 38 hours per week.

10.2               Full-time employees are employed by the week.

11.                 Part-time employees

11.1               A part-time employee:

(a)          is engaged to work less than an average of 38 ordinary hours per week; and

(b)         has a regular pattern of hours.

11.2               Before commencing part-time employment, the employee and employer must agree upon the hours to be worked by the employee, the days upon which they will be worked and the starting and finishing times for the work.

11.3               The terms of the part-time work and any agreed variation will be recorded in writing and retained by the employer. The employer will provide a copy of the agreement and any variation to it to the employee.

11.4               An employer is required to roster a regular part-time employee for a minimum of 3 consecutive hours on any shift.

11.5               A part-time employee will be paid at the minimum hourly rate for the grade of work performed.

11.6               Subject to clause 11, all of the provisions of this award will apply to a part-time employee.

12.                 Casual employees

[Varied by PR733906]

[12.1 deleted by PR733906 from 27Sep21]

[12.2 renumbered as 12.1 by PR733906 from 27Sep21]

12.1               A casual employee engaged for a part of any day will be entitled to a minimum of 4 hours’ pay per day whether the casual employee is required to work for 4 hours or not.

12.2               Casual loading

[12.3 renumbered as 12.2 by PR733906 from 27Sep21]

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

(a)          the ordinary hourly rate; and

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

for the classification in which they are employed.

[12.4 renumbered as 12.3 by PR733906 from 27Sep21]

12.3               A casual employee who works in excess of the ordinary hours fixed for day workers in clause 17.2 will be paid at the appropriate overtime rate provided in clause 26Overtime based on their ordinary rate of pay (including the loading provided for in clause 12.2).

12.4               Offers and requests for casual conversion

[12.5 renumbered as 12.4 and renamed and substituted by PR733906 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 36Dispute resolution.

13.                 Piecework—General Timber Stream

[13—Piecework and payment by results renamed and substituted by PR740143 ppc 02May22; varied by PR750553]

13.1               Definition

A pieceworker is an employee who is not a weekly employee but who is engaged to work away from the employer’s mill, yard or other place of business in or in connection with felling, snigging, hauling or other obtaining of logs, billets, chips or other timber at rates of remuneration depending only on the amount of work performed, irrespective of the hours or times concerned.

13.2               Remuneration

Subject to Schedule HPiece Rates for Workers in Specified Districts, the remuneration payable to a pieceworker will be fixed by agreement between the employee and the employer at rates which would enable an employee of average capacity to earn, for an ordinary week’s work, not less than 25% above the appropriate weekly base rate for the class of work performed.

13.3               Chainsaw and other additional costs

(a)          Pieceworkers who, with the agreement of the employer, supply, operate and maintain their own chainsaws will be reimbursed for the supply of that equipment as per clause 13.3(b).

(b)         Pieceworkers will be reimbursed for all costs incidental to and directly connected with piecework in one of the following methods as agreed between the employer and the employee concerned:

(i)           incorporating the costs into the piecework rate;

(ii)         by calculating the costs and applying an additional flat rate or percentage rate to the piecework rate; or

(iii)       by reimbursement of the actual amount involved.

[13.4 varied by PR750553 ppc 15Mar23]

13.4               Only the following clauses of this award apply to pieceworkers:

Clause title

Clause number

Fire fighting

14

Payment of wages

21

Protective clothing, footwear and covering

23.7

Annual leave

28

Personal leave/carer’s leave and compassionate leave

29

Family and domestic violence leave

32

Dispute resolution

36

Termination of employment

38

13.5               Shifting haulers

Pieceworkers will be paid at the award rate plus 25% for time occupied shifting haulers from one landing to another except in cases where the piecework rates are arranged to include time occupied in shifting haulers.

13.6               Sleepers—loading and turning

When sleepers are being inspected whilst they are being loaded into trucks by pieceworkers and, at the request of the employer or of a government inspector or of the buyer, the sleepers are turned for inspection or reinspection, the loaders will receive turning rates whilst turning sleepers and loading rates whilst loading those sleepers.

13.7               Measurement of logs

All logs felled or hauled at piecework rates will be measured or weighed at the mill landing or elsewhere by agreement. Particulars of the logs so measured or weighed will be given to the pieceworker at least once a fortnight unless otherwise agreed upon by the employer and employee. These particulars will set out the name of the mill supplied, the name of the employee, the date, the brand, the length, the girth or the weight or the cubic meterage of those logs scaled according to the prevailing practice.

13.8               Subsistence allowance

(a)          The employer will make every reasonable effort to ensure that the logs are not unduly delayed by stockpiling in the bush. Where logs are stockpiled in excess of 14 days in the bush the pieceworkers affected may be paid, by agreement, a subsistence allowance based on the estimated tonnage of the logs in the pieceworkers’ pile agreed to between the pieceworkers and the employer.

(b)         If the actual tonnage turns out to be greater than or less than the estimated tonnage after weighing, an adjustment will be made for the differences in the employee’s next pay or otherwise as agreed to between the employer and the employee concerned.

13.9               Royalty payment

Where the employee obtaining the timber pays royalty on behalf of the employer, the employer will reimburse the royalty to the employee in addition to piecework rates.

13.10           Payslips

The employer will supply in writing to each piecework employee the following information:

(a)          tonnes cut—saw log—pulp log;

(b)         classification;

(c)          gross pay;

(d)         the nature and amount of all allowances paid;

(e)          the nature and amount of all deductions;

(f)           taxation;

(g)          net pay;

(h)         adjustments;

(i)            conversion factor tonnes/metre;

(j)           date of payment; and

(k)         any leave entitlements.

13.11           Base rate of pay

(a)          The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate in clause 20Minimum rates for the employee’s classification level.

(b)         The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate in clause 20Minimum rates for the employee’s classification level plus a loading of 25%.

13.12           Pieceworker reimbursement

All pieceworkers will be reimbursed for all costs incidental to and directly connected with piecework in one of the following methods as agreed between the employee and employer concerned:

(a)          incorporating the costs into the piecework rate;

(b)         by calculating the costs and applying an additional flat rate or percentage rate to the piecework rate; or

(c)          by reimbursement of the actual amount involved. Such amount will be a minimum of 9.6% of the standard rate.

14.                 Fire fighting employees

[Varied by PR729330, PR740755, PR762180]

14.1               Employees who are required by the employer to fight bushfires will be employed in accordance with the conditions set out in clause 14.3.

14.2               Where relevant State/Territory legislation determines conditions for employees who are required to fight bushfires under the control of a State/Territory forest authority conditions will be in accordance with that legislation and not in accordance with the conditions set out in clause 14.3.

14.3               Conditions of fire fighting

(a)          Retention of classification

An employee will retain the classification upon which they were employed immediately prior to the outbreak of a bushfire, provided that the employer may for the purpose and during any period of bushfire fighting operations specifically assign an employee to another classification for which a higher rate is prescribed.

(b)         Normal hours of work

The weekly total of hours at ordinary time will not exceed an average of 38 per week in a cycle of 4 weeks.

(c)          Work periods

The minimum work period will be 8 consecutive hours and will be deemed to have been worked on the day on which the greater part of the work period has occurred. A work period can only be terminated by a rest period of a minimum of 8 hours.

(d)         Rest period

(i)           Except during the prescribed emergency period, an employee will receive a minimum rest period of 8 consecutive hours off duty between the engagement on 2 successive work periods. If an employee is required to remain on duty for a work period in excess of 16 hours, the employee will, at the conclusion of the work period, be entitled to be paid 8 hours at ordinary rates as a paid rest period.

(ii)         After a rest period of a minimum of 8 hours, a new work period will be deemed to commence.

(iii)       If a rest period whilst engaged on fire fighting exceeds 16 hours, the new work period is deemed to commence at the expiration of the first 16 hours of such rest period.

(e)          Overtime

(i)           All time worked on any day, Monday to Friday (including time worked prior to fire fighting work) will be paid for at the ordinary hourly rate for the first 8 hours, at 150% of the ordinary hourly rate for the next 2 hours and at 200% of the ordinary hourly rate thereafter.

(ii)         The rate will revert to ordinary time when the employee has received a rest period of 8 hours.

(f)           Saturday work

All time worked by an employee on a Saturday will be paid for at 150% of the ordinary hourly rate for the first 2 hours and at 200% of the ordinary hourly rate thereafter.

(g)          Sunday and public holiday work

All time worked by an employee on a Sunday will be paid for at 200% of the ordinary hourly rate, and for all time worked on a public holiday at 250% of the ordinary hourly rate.

(h)         Payment for time spent travelling

All time spent by an employee proceeding to and from a bushfire at the direction of the employer will be counted as time worked.

(i)            Meal intervals

All meal intervals not exceeding 45 minutes’ duration will be counted as time worked.

(j)           Meals

The employer will reimburse each employee the cost of providing 3 meals per day. Where an employee is required to work at night the employer will reimburse each employee the cost the employee incurs to supply suitable provisions at reasonable intervals as agreed between the employer and the employee. This allowance will not apply where the employer provides the usual 3 meals per day and provides suitable provisions at reasonable intervals as agreed between the employer and the employee.

(k)         Camping allowance

An employee required to camp will be paid in accordance with clause 23.5.

(l)            Camping facilities allowance

When employees are camped, the employer will reimburse all employees any reasonable amount spent to provide for adequate sleeping and messing facilities.

This allowance does not apply where the employer, so far as is reasonably practicable, provides adequate sleeping and messing facilities as agreed between the employer and the employee.

(m)       Footwear and clothing

An employee engaged in fire fighting will be reimbursed for safety footwear and clothing in accordance with clause 23.7.

(n)         Hourly employees

Hourly employees will be paid at the minimum hourly rate.

(o)          Resumption of normal duties

(i)           Each employee who has been engaged in fire fighting will be entitled, upon the cessation of fire fighting work and prior to the resumption of normal duties, to a clear break of 8 hours without loss of pay for recognised working time occurring during the break.

(ii)         This provision will not apply with respect to any bush fire fighting operations commenced and completed between the hours of 7.00 am and 3.00 pm.

(p)         Stand-by

(i)           Stand-by means all times between 10.00 am and 6.00 pm on a Saturday, Sunday or public holiday during which period an employee will be available either at home or at such other place as is mutually agreed between the employer and the employee in readiness for an immediate call to work (except for the times as provided in clause 14.3(p)(iv)).

(ii)         Whenever an employee is advised that the employee is required to be on stand-by, payment for stand-by will be made unless the employee is notified by 3.00 pm on the last normal working day on which the employee worked that the employee is not required to be on stand-by. Where an employee is advised that the employee is required to be on stand-by on a weekend, a minimum payment of one day stand-by will be made.

[14.3(p)(iii) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(iii)       An employee required by the employer to stand-by will be paid $10.07 per hour. If the employee is called upon to perform fire fighting work on any day that the employee is on stand-by, the employee will be paid for all time worked at the appropriate prescribed rate in addition to any entitlement for stand-by performed on that day.

(iv)       During the period in which daylight saving is in force, an employer may on any normal weekday, Monday to Friday inclusive, which has a high fire danger rating, place an employee on stand-by at the cessation of the normal working time for that day.

(v)         Notification that an employee is required to go on stand-by will be made prior to the cessation of work for the day and/or the employee’s departure from the place where the employee normally ceases work for the day. Payment will be made from the normal time of cessation of work at the rate as provided in clause 14.3(p)(iii).

15.                 Apprentices

15.1               Supervision and training

An employer will ensure that each apprentice has appropriate arrangements made at an enterprise level to meet the apprentices’ training requirements and adequate access to and supervision from tradespersons has been arranged.

15.2               Apprenticeship committees

Apprenticeship arrangements not covered by this award will be as per the requirements of the appropriate State/Territory authority or commission. This includes form and registration of indenture. Apprenticeship arrangements may also be determined by agreement by the industry training advisory body at a national level or between the Industrial parties by establishing a committee at a state level in conjunction with the appropriate state authority or commission.

15.3               Period of apprenticeship

The term of apprenticeship is determined by the rate by which an apprentice gains the required competence and the starting level of competence of the apprentice. 4 years is a general guide but an apprenticeship will end once an apprentice displays the competency required by the apprenticeship indentures or the appropriate State apprenticeship authority or commission.

15.4               Overtime and public holiday rates

(a)          An employer requiring an apprentice to work overtime will pay the apprentice double the rates for such overtime, except where the apprentice is engaged in the Wood and Timber Furniture Stream of this Award in which case the employer shall pay the apprentice standard overtime rates as provided elsewhere in this award. No apprentice, regardless of which Stream of this Award they are engaged in, will be required to work overtime for more than 8 hours in any one week, or more than 16 hours in any 4 weeks, and provided that such overtime will not prevent the apprentice attending any technical school.

(b)         If the apprentice is willing to work and the employer desires to employ the apprentice on a public holiday, then the employer may do so, but will pay the apprentice double time and a half for such work. The work on such public holidays will not exceed the ordinary hours of work and will not be included in the calculation of 8 and 16 hours in clause 15.4(a).

15.5               Travel payment for block release training

(a)          Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 15.5 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b)         For the purposes of clause 15.5(a) above, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 15.5(a), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(c)          The amount payable by an employer under clause 15.5(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

15.6               Payment of fees and textbooks

(a)          All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship , which are paid by an apprentice, shall be reimbursed by the employer within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the commencement of the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.

(b)         An employer may meet its obligations under clause 15.6(a) by paying any fees and/or cost of textbooks directly to the RTO.

15.7               Other apprentice conditions of employment

(a)          An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(b)         Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 15 operates subject to the provisions of Schedule F—School-based Apprentices.

(c)          No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

16.                 Classifications

The definitions of the classification levels in clause 20Minimum rates, are contained in Schedule A—Classification Definitions —General Timber Stream, Schedule B—Classification Definitions—Wood and Timber Furniture Stream and Schedule C—Classification Definitions —Pulp and Paper Stream.

Part 3—Hours of Work

17.                 Ordinary hours of work

17.1               Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

17.2               Ordinary hours and roster cycles—day workers

(a)          Ordinary hours of work shall be an average of 38 per week and will be worked between the hours of 6.30 am and 6.00 pm Monday to Friday in one of the following manners:

(i)           38 hours within a work cycle of one week;

(ii)         76 hours within a work cycle of 2 weeks;

(iii)       114 hours within a work cycle of 3 weeks; or

(iv)       152 hours within a work cycle of 4 weeks.

(b)         Different methods of implementation of a 38 hour week may apply to various groups or sections of employees in the establishment concerned.

(c)          Where agreement exists the ordinary hours of work can be worked on any day of the week, Saturday and Sunday inclusive.

(d)         The ordinary hours of work for a part-time employee will be in accordance with clause 11Part-time employees. The ordinary hours of work for a casual employee will be in accordance with clause 12Casual employees.

17.3               Ordinary hours and roster cycles—shiftworkers

(a)          The ordinary hours of work for a full-time shiftworker are an average of 38 hours per week.

(b)         Different methods of working shifts may apply to various groups or sections of employees in the establishment concerned.

(c)          Where agreement exists ordinary hours can be worked on any day of the week, including Saturday and/or Sunday.

(d)         Clause 27.2 provides for shiftwork arrangements.

17.4               Ordinary hours—watchpersons

(a)          A watchperson may be employed on the basis of 152 hours in a 4 week cycle provided that not more than 48 hours may be worked in any one week or 80 hours in a fortnight without payment for overtime.

(b)         Clause 17.2 will not apply to a watchperson.

18.                 Rostering arrangements

18.1               Rostered days, or shifts, off

(a)          Notwithstanding provisions elsewhere in this award and subject to clause 34.2, the employer and the majority of affected employees may agree to establish a system of rostered days off to provide that an employee may elect, with the consent of the employer to:

(i)           take a rostered day, or shift, off at any time;

(ii)         take rostered days, or shifts, off in part day amounts; or

(iii)       accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer, or subject to reasonable notice by the employee or the employer.

(b)         Clause 18.1(a) is subject to the employer informing each union which has members employed at the particular enterprise of its intention to introduce an enterprise system of rostered day off flexibility and providing a reasonable opportunity for the union to participate in negotiations.

(c)          Once a decision has been taken to introduce a system of rostered day off flexibility, in accordance with clause 18.1, its terms must be set out in the time and wages records.

(d)         An employer must record rostered day off arrangements in the time and wages record each time this provision is used.

18.2               Notice of rostered days, or shifts, off

In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day, or shift, off during the work cycle, such employee must be advised by the employer at least 4 weeks in advance of the day, or shift, to be taken off by written notice posted by the employer on the notice board.

18.3               Flexibility in relation to rostered days, or shifts, off

By agreement between the employer and an employee, rostered days or shifts, off may be accumulated up to a maximum of 5 days or shifts, and may be taken in a manner agreed upon between the employer and the employee prior to the first of such days accumulating.

18.4               Rostered days or shifts off—substitute days or shifts

(a)          Rostered day off not to coincide with public holiday

(i)           In cases where, by virtue of the arrangement of the ordinary hours of work, the employee is entitled to a day, or shift, off during the work cycle, the weekday to be taken off must not coincide with a public holiday fixed in accordance with the NES or clause 33Public holidays.

(ii)         Provided that, in the event that a public holiday is prescribed after an employee on shiftwork has been given notice of a rostered shift off in accordance with clause 18.2 and the public holiday falls on such shift the employer will allow the employee to take an alternative shift off instead.

(iii)       An employee working continuous shiftwork who by the arrangement of ordinary hours of work is entitled to a rostered shift off which falls on a public holiday prescribed by the NES, or clause 33Public holidays will at the discretion of the employer, be paid 20% of the ordinary weekly rate of pay for that day or have an additional day added to the annual leave entitlement. This provision will not apply when the public holiday on which the employee is rostered off falls on a Saturday or Sunday.

(b)         Substitute days

(i)           An employer and an individual employee, or the employer and a majority of affected employees, may agree to substitute the day the employee or affected employees are to take off during a work cycle for another day.

(ii)         An apprentice who is required to attend trade school on a rostered day off will be entitled to a substitute day as soon as practicable following the attendance at trade school.

(c)          Work on a rostered day, or shift, off

Unless a rostered day off is substituted for another day off in accordance with clause 18.4, work performed on the rostered day off will be paid in accordance with clause 26Overtime.

18.5               Rostered days off and averaging of pay

For enterprises implementing a system of rostered days off based on a 19 day month consistent with clause 18.5 or in an enterprise where rostered days off based on a 19 day month exist the following system of averaging pay will apply:

(a)          Averaging of pay over 4 weeks for all ordinary hours worked so that in the week during which an employee takes a rostered day off there is no reduction in pay.

(b)         Under this system each person works 8 ordinary hours of work each day for 19 days in any 4 week cycle. An amount of pay equivalent to 0.4 hours of pay is held over for each day an employee is at work or absent from work on paid leave such as personal leave, workers compensation, bereavement leave, jury service or public holidays. This amount will be used to pay for the rostered day off during the week the employee takes a rostered day off.

18.6               Make-up time

Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of make-up time provided that:

(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 the 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 ordinary hours and works those hours at a later time, at the shiftwork rate which would have been applicable to the hours taken off.

19.                 Breaks

19.1               Meal breaks—ordinary hours

(a)          Employees will be allowed an unpaid meal break of one hour or other time as may be agreed.

(b)         An employee must not be required to work more than 5 ordinary hours without a meal break.

19.2               Alteration of meal breaks

In any establishment where the ordinary hours of work are worked on the basis of 4 days of 8 ordinary hours each and one day of 6 ordinary hours in a weekly work cycle, the employer and the majority of affected employees may agree that the 6 ordinary hour day may be worked without a meal break.

19.3               Payment for work done during meal breaks

(a)          All work done during an employee’s meal break must be paid for at 200% of the ordinary hourly rate.

(b)         All work done after the time for the meal break until a meal break is allowed must be paid at:

(i)           for employees in the Pulp and Paper Stream—200% of the ordinary hourly rate; or

(ii)         for all other employees—150% of the ordinary hourly rate.

19.4               Crib time

(a)          Outside ordinary hours

(i)           An employee working overtime on the instruction of the employer will be allowed crib time without deduction of pay if the employee continues to work after the crib time, after working overtime in the following circumstances:

Stream

Number of continuous hours of overtime worked

Length of crib time

Pulp and Paper Stream employees

After 4 hours

20 minutes

All other employees

After 4.5 hours

20 minutes

(ii)         Unless the period of overtime is 2 hours or less, an employee must be allowed a meal break after working ordinary hours and before starting overtime, which will be paid for at ordinary rates. The length of the meal break is:

Stream

Length of meal break

Pulp and Paper Stream employees

30 minutes

All other employees

20 minutes

(iii)       An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand; provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes, or 30 minutes in the case of a worker in the Pulp and Paper Stream.

(b)         Saturdays

(i)           An employee working overtime on a Saturday will be allowed crib time without deduction of pay if the employee continues work after such crib time after working overtime in the following circumstances:

Stream

Number of continuous hours of overtime worked

Length of crib time

Pulp and Paper Stream employees

After 4 hours

20 minutes

All other employees

After 4.5 hours

20 minutes

(ii)         However, where a day worker on a 5 day week is required to work overtime on a Saturday the first prescribed crib time will, if occurring between 10.00 am and 1.00 pm, be paid at ordinary rates.

(c)          Sundays and public holidays

(i)           An employee working overtime on a Sunday or public holiday will be allowed crib time without deduction of pay if the employee continues work after such crib time, after working overtime in the following circumstances:

Stream

Number of continuous hours of overtime worked

Length of crib time

Pulp and Paper Stream employees

After 4 hours

30 minutes

All other employees

After 4.5 hours

20 minutes

(ii)         However, where a day worker is required to work on a Sunday or public holiday the first prescribed crib time will, if occurring between 10.00 am and 1.00 pm, be paid at ordinary rates.

19.5               Paid crib breaks—continuous work

Where a shift roster provides for continuous work over 24 hours of the day, a 20 minute paid crib break will be allowed to shiftworkers each shift and will be counted as time worked. The crib break will be taken at a time and in a method agreed upon between the employer and the individual employee or majority of affected employees so as to meet the needs of the establishment.

19.6               Determination of next meal break

A meal break will not be regarded as time worked for the purpose of determining when the next meal break falls due.

19.7               Minimum break after overtime

Breaks after overtime will be provided in accordance with clause 26.10.

Part 4—Wages and Allowances

20.                 Minimum rates

[Varied by PR729330, PR733906, PR740143, PR740755, PR762180]

20.1               An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee (not including penalties and allowances):

(a)          General Timber Stream

[20.1(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Level 1

859.30

22.61

Level 2

882.80

23.23

Level 3

914.90

24.08

Level 4

945.00

24.87

Level 5

995.00

26.18

Level 6

1026.20

27.01

Level 7

1085.60

28.57

(b)         Wood and Timber Furniture Stream

[20.1(b) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Level 1

859.30

22.61

Level 2

882.80

23.23

Level 3

914.90

24.08

Level 4

945.00

24.87

Level 4A

960.30

25.27

Level 5

995.00

26.18

Level 6

1026.20

27.01

Level 7

1085.60

28.57

(c)          Pulp and Paper Stream

[20.1(c) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Level 1

901.00

23.71

Level 2

930.70

24.49

Level 3

948.80

24.97

Level 4

966.70

25.44

Level 5

995.00

26.18

Level 6

1026.20

27.01

Level 7

1057.40

27.83

Level 8

1085.60

28.57

Level 9

1116.70

29.39

NOTE: See Schedule D—Summary of Hourly Rates of Pay of pay for a summary of rates of pay, including overtime and penalty rates.

20.2               Payment by results—Wood and Timber Furniture Stream

[New 20.2 inserted by PR740143 ppc 02May22]

(a)          An employer may remunerate any of their employees, engaged under the classifications in the Wood and Timber Furniture Stream, under any system of payment by results based on rates which would enable a worker of average capacity working under conditions to earn at least 12.5% in excess of the appropriate minimum weekly rate prescribed by this award for an adult employee.

(b)         An employee remunerated pursuant to clause 20.2 will, if ready, willing and available to work during the ordinary hours of the week, receive at least the weekly rate prescribed by this award for the class of work being performed.

(c)          All employees working under a system of payment by results and doing the same operation in a factory or workshop will be paid the same by results rate whether they are adults, apprentices or juniors.

(d)         The base rate of pay in relation to entitlements under the NES for an employee paid by results under clause 20.2 is the minimum rate in clause 20.1(b) for the employee’s classification level.

(e)          The full rate of pay in relation to entitlements under the NES for an employee paid by results under clause 20.2 is the minimum rate in clause 20.1(b). for the employee’s classification level plus a loading of 12.5%.

20.3               Apprentices (other than saw doctor apprentices)

[20.2 renumbered as 20.3 by PR740143 ppc 02May22]

(a)          The minimum rates for ordinary hours worked by apprentices (other than saw doctor apprentices) who commenced before 1 January 2014 are as follows:

Year of apprentice

% of award rate for Level 5

First

50

Second

60

Third

75

Fourth

90

(b)         The minimum rates for ordinary hours worked by apprentices (other than saw doctor apprentices) who commenced on or after 1 January 2014 are as follows:

Year of apprentice

% of award rate for Level 5 for apprentices who have not completed year 12

% of award rate for Level 5 for apprentices who have completed year 12

First

50

55

Second

60

65

Third

75

75

Fourth

90

90

20.4               Saw doctor apprentices

[20.3 renumbered as 20.4 by PR740143 ppc 02May22]

(a)          The minimum rates for ordinary hours worked by saw doctor apprentices who commenced before 1 January 2014 are as follows:

Year of apprentice

% of award rate for Level 6

First

50

Second

60

Third

75

Fourth

90

(b)         The minimum rates for ordinary hours worked by saw doctor apprentices who commenced on or after 1 January 2014 are as follows:

Year of apprentice

% of award rate for Level 6 for apprentices who have not completed year 12

% of award rate for Level 6 for apprentices who have completed year 12

First

50

55

Second

60

65

Third

75

75

Fourth

90

90

(c)          Where an apprentice is under the age of 21 years on the expiry of the apprenticeship, the apprentice will be paid at not less than the adult ordinary hourly rate prescribed for the skill level on which the employee is employed.

20.5               Adult apprentices

[20.4 renumbered as 20.5 by PR740143 ppc 02May22]

(a)          Adult apprentices in the Wood and Timber Furniture Stream

(i)           The minimum weekly rates of pay for adult apprentices who commenced before 1 January 2014 are the following percentages of the minimum weekly rate for the adult classification of Level 5 in clause 20.1(b).

Year of apprentice

% of level 5 minimum weekly rate

First

83.5

Second

88.3

Third

93.4

Fourth

98.5

(ii)         The minimum weekly rates of pay for adult apprentice who commenced on or after 1 January 2014 will be either the relevant percentage of the level 5 rate in the table below, the rate prescribed by clause 20.3 or 20.4 for the relevant year of the apprenticeship, or, in the case only of adult apprentices in the second or subsequent years of their apprenticeship, the rate for the lowest adult classification in clause 20.1(a), whichever is the greater.

Year of apprentice

% of level 5 minimum weekly rate

First

83.5

Second

88.3

Third

93.4

Fourth

98.5

[20.5(a)(iii) varied by PR733906 from 27Sep21]

(iii)       A person who has been employed by an employer under this award for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to entering into a training agreement as an adult apprentice with the employer, must not suffer a reduction in their minimum rate by virtue of entering into the training agreement. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 20.1(b) in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(b)         Adult apprentices other than those in the Wood and Timber Furniture Stream

(i)           The minimum rate of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the relevant Level 5 rate, or the relevant rate prescribed by clauses 20.3 or 20.4 for the relevant year of the apprenticeship, whichever is the greater.

(ii)         The minimum rate of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest relevant adult classification in clause 20.1(a), or the relevant rate prescribed by clauses 20.3 or 20.4 for the relevant year of the apprenticeship, whichever is the greater.

[20.5(b)(iii) varied by PR733906 from 27Sep21]

(iii)       A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 20 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

20.6               Unapprenticed juniors

[20.5 renumbered as 20.6 by PR740143 ppc 02May22]

The minimum rates for ordinary hours worked by unapprenticed juniors are the following percentages of the ordinary hourly rate for the adult classification of Level 2, for the classification stream in which the apprentice is employed.

Age

% of Level 2 award rate

 

%

16

40

17

55

18

70

19

85

20

100

20.7               Adjustment of rates for apprentices and juniors

[20.6 renumbered as 20.7 by PR740143 ppc 02May22]

Rates will be calculated in multiples of $0.05, amounts of $0.02 or less being taken to the lower multiple and amounts in excess of $0.02 being taken to the higher multiple.

20.8               School based apprentices

[20.7 renumbered as 20.8 by PR740143 ppc 02May22]

For school-based apprentices, see Schedule F—School-based Apprentices.

20.9               Higher duties

[20.8 renumbered as 20.9 by PR740143 ppc 02May22]

(a)          An employee engaged for more than 2 hours during one day or shift on duties carrying a higher rate than the ordinary classification of that employee, will be paid the higher rate for such day or shift. If engaged for 2 hours or less during one day or shift the employee will be paid the higher rate for the time so worked.

(b)         For the purpose of clause 20.9, the work carrying a higher rate need not be performed during a continuous period but will be based on the aggregate of the time worked during a particular day or shift.

(c)          Where an employee is transferred, without having received at least 7 days’ written notice, to a grade of work carrying a lower rate than that at which the employee is usually employed, the employee will be paid at the higher rate until the 7 day notice period if provided would have expired.

20.10           Supported wage system

[20.9 renumbered as 20.10 by PR740143 ppc 02May22]

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule G—Supported Wage System.

20.11           National training wage

[20.10 renumbered as 20.11 by PR740143 ppc 02May22]

(a)          Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[20.11(b) varied by PR729330 ppc 01Jul21; varied by PR740755, PR762180 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Timber Industry Award 2020 and not the Miscellaneous Award 2020.

21.                 Payment of wages

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

21.1               Period of payment

(a)          Except as provided by clause 21.1(b), wages will be paid either weekly or fortnightly, either according to the:

(i)           actual ordinary hours worked each week or fortnight; or

(ii)         average number of ordinary hours worked each week or fortnight

(b)         If the employer and majority of affected employees agree, wages may be paid 3 weekly, 4 weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

21.2               Method of payment

(a)          Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.

21.3               Day off coinciding with pay day

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 be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

21.4               Wages to be paid during work hours

(a)          Where an employee is paid wages by cash or cheque such wages are to 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 is to be paid at overtime rates for the period they are kept waiting.

21.5               Absences from duty under an average 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 will accrue a credit for each day they work ordinary hours in excess of the daily average;

(b)         the employee will 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.

21.6               Payment on termination of employment

(a)          Upon termination of employment the employer must pay the employee at the prescribed time for payment:

(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)         For the purpose of clause 21.6(a) the prescribed time for payment is given by the following table.

How the employee’s employment is terminated

Method of payment

Prescribed time for payment

By the employer giving notice or payment instead of notice, or by the employee giving the required minimum period of notice under clause 38.1.

If paid by cash or cheque

No later than 30 minutes after the employee finishes work on the day of termination of the employment

If paid by electronic funds transfer

On the day of termination of the employment

By the employer or employee other than as above

If paid by cash or cheque

Sent by registered post no later than 7 days after the day of termination of the employment

If paid by electronic funds transfer

No later than 7 days after the day of termination of the employment

(c)          The requirement to pay wages and other amounts under clause 21.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award 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 21.6(c) allows the Commission to make an order delaying the requirement to make a payment under clause 21.6. 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.

22.                 Wage-related allowances

[Varied by PR729330, PR740755, PR762180]

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.

22.1               Employers must pay to an employee the wage-related allowances the employee is entitled to under clause 22.

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

22.2               All-purpose allowances

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

(a)          forest work allowance (clause 22.3); and

(b)         low loader allowance (clause 22.4).

22.3               Forest work allowance

[22.3(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(a)          A forest work allowance of $31.84 per week is payable to an employee (other than a pieceworker) who is working in forests.

(b)         This allowance will be paid for all purposes of this award.

(c)          This allowance compensates for all disabilities encountered in this type of work (including difficult terrain and dense undergrowth) whilst so engaged.

22.4               Low loader allowance

[22.4(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(a)          An allowance of $1.69 per each additional complete tonne over 43 tonnes GCM is payable to an employee when driving a low loader.

(b)         This allowance will be paid for all purposes of this award.

22.5               Leading hands

A leading hand will be paid at the following amounts in addition to the rates prescribed in clause 20Minimum rates:

[22.5(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(a)          $32.84 per week for supervising 2 to 6 employees; or

[22.5(b) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(b)         $50.75 per week for supervising more than 6 employees.

22.6               Cleaning of boilers and associated equipment allowance

[22.6 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

An allowance of $1.99 per hour is payable to an employee who is engaged in cleaning and/or scraping work inside an incinerator or kiln, the gas or water space of any boiler, flue or economizer, cleaning inside enclosed hot wells and/or associated hot water storage tanks, evaporators, de-aerators or precipitators, and/or in removing and cleaning caps on headers of a water-tube boiler.

22.7               Repairs inside boilers and associated equipment allowance

[22.7 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

An allowance of $1.49 per hour is payable to an employee who is engaged on alterations and/or repairs inside an incinerator or lime-kiln, the gas or water space of any boiler, flue, precipitator or economizer.

22.8               Additional allowances for engine drivers/firemen

[22.8(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(a)          The following allowances are payable to an engine driver or fireman in the following circumstances:

Engine driver/fireman

Allowance

Payable

 

$

 

In charge of plant

41.79

per week

Cleaner, greaser or oiler, under supervision of engine driver, who stops or starts engine

41.79

per week

Driver, where 2 or more fork-lifts or cranes engaged on one lift

3.98

per day

(b)         Except as to dragline excavators and tractors these additional rates will not be cumulative to the extent of increasing the minimum rate of an employee above the classification Level 5.

22.9               First aid allowance

[22.9 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

A first aid allowance of $19.90 per week is payable to an employee where an employee holds a certificate as a first aid attendant for each week in which 3 days or more have been worked. This amount will be payable in addition to any amounts paid for annual leave, personal leave and public holidays provided that this allowance will not be subject to any premium or penalty additions.

22.10           Charred timber

[22.10 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

Employees handling or cutting charred timber will be paid a daily allowance of $6.97 per day in addition to their ordinary rate of pay when the disabilities associated with handling or cutting such timber are unusually dirty or objectionable.

22.11           Dirty work allowance

[22.11 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

A dirty work allowance of $3.28 per day is payable to an employee who performs work which the employer agrees is of an unusually dirty or offensive nature. Provided that only one payment will be made in respect of the work during any one day or shift.

22.12           Wet places allowance

[22.12(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(a)          An employee working in any place where clothing or boots become saturated, whether by water, oil or otherwise, will receive an allowance of $0.60 whilst so engaged.

(b)         This allowance is not payable to an employee who is provided with suitable and effective protective clothing and/or footwear by the employer.

22.13           Hot work allowance

(a)          The following allowances are payable to an employee who is working for more than one hour:

[22.13(a)(i) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(i)           $0.60 per hour for work in the shade in a place where the temperature is between 46°C and 54°C; or

[22.13(a)(ii) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(ii)         $1.00 per hour for work in a place where the temperature exceeds 54°C.

(b)         Where an employee is working in the conditions described in clause 22.13(a)(ii) for more than one hour, the employee is also be entitled to 15 minutes rest after every one hour’s work without deduction of pay.

22.14           Cold places allowance

[22.14(a) varied by PR729330, PR740755, PR762180 ppc 01Jul23]

(a)          An allowance of $0.60 per hour is payable to an employee who works for more than one hour in a place where the temperature is below 0°C.

(b)         Where such work continues for more than 2 hours, the employee is also entitled to a rest period of 20 minutes, after every 2 hours of work, without deduction of pay.

22.15           Confined spaces allowance

[22.15 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

An allowance of $0.80 per hour or part thereof is payable to an employee who is working in a confined space (e.g. a compartment space) or where the dimensions necessitate the employee to work in a stooped or cramped position or work without proper ventilation.

22.16           Height money allowance

[22.16 varied by PR729330, PR740755, PR762180 ppc 01Jul23]

An allowance of $1.99 per day or shift or part thereof is payable to an employee who is required to work:

(a)          at a height of or over 9 metres directly above the nearest horizontal plane; or

(b)         on a suspended scaffold or boatswain’s chair at any height,

23.                 Expense-related allowances

[Varied by PR729515, PR740921, PR762347]

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.

23.1               Employers must pay to an employee the expense-related allowances the employee is entitled to under clause 23.

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

23.2               Vehicle allowance

[23.2(a) varied by PR729515, PR740921, PR762347 ppc 01Jul23]

(a)          A vehicle allowance of $0.95 per kilometre is payable to an employee who, by agreement with the employer, uses the employee’s own motor vehicle for work purposes.

(b)         Where an employee uses the employee’s own motor vehicle with the approval of the employer for travelling to and from a job away from the usual place of work, the vehicle allowance is payable to the employee for the distance by which the trip exceeds the distance that the employee normally travels in going to and from the usual place of work.

23.3               Meal allowance—overtime

[23.3(a) varied by PR729515, PR740921, PR762347 ppc 01Jul23]

(a)          A meal allowance $16.81 per meal is payable to an employee who is required to work overtime for 2 hours or more, and for each subsequent 4 hours of overtime where the employee is required to continue working after each 4 hours, unless:

(i)           the employee was notified the previous day of the requirement to work the overtime and, where applicable, that the amount of overtime to be worked would necessitate a second or subsequent meal;

(ii)         the employer supplies the meal or subsequent meals; or

(iii)       the employee lives in the same locality as their place of employment and can reasonably return home for meals.

(b)         If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, the meal allowance is payable to the employee for the meal or meals provided.

23.4               Tool allowances

[23.4(a) varied by PR729515, PR740921, PR762347 ppc 01Jul23]

(a)          The following classes of employees supplying their own tools (except dogs and cramps of all descriptions, augers of all sizes, bits not normally used in brace, and all hammers except claw hammers, all of which will be supplied by the employer), will receive the following tool allowance:

Class

Allowance

Payable

 

$

 

Millwright

5.63

per week

Utility person

4.34

per week

(b)         In respect of furnishing employees:

[23.4(b)(i) varied by PR729515, PR740921, PR762347 ppc 01Jul23]

(i)           a tool allowance of $17.14 per week is payable to tradespersons for supplying and maintaining tools ordinarily required for the performance of their work as a tradesperson; and

[23.4(b)(ii) varied by PR729515, PR740921, PR762347 ppc 01Jul23]

(ii)         such tools will be insured by the employer against loss by theft or fire up to a maximum of $848.93.

23.5               Camping allowance

[23.5 varied by PR729515, PR740921, PR762347 ppc 01Jul23]

A camping allowance of $30.37 per day is payable to an employee who is required by the employer to camp for each working day on which the employee camps up to a maximum of $212.62 per week.

23.6               Damage to clothing, tools and other items

(a)          Subject to clauses 23.6(b) and 23.6(c), an employee will be compensated for the extent of any damage sustained in the course of work to clothing, tools, spectacles, hearing aids and dentures by fire or corrosive substance.

(b)         The employer’s liability in respect of tools will be limited to such tools of trade as are ordinarily required for the performance of the employee’s duties.

(c)          Clause 23.6 will not apply to an employee who is entitled to compensation under any workers’ compensation or any other Act in respect of damage to clothing or tools, spectacles, hearing aids and dentures.

23.7               Protective clothing, footwear and covering allowance

(a)          Allowance for the supply of clothing

(i)           Where an employee is required to wear protective clothing and equipment covered by this award; the employer must reimburse the employee for the cost of purchasing that clothing and equipment.

(ii)         The provisions of clause 23.7(a) do not apply where the employer pays for the clothing and equipment.

(iii)       Before any clothing is provided by an employer free of cost to an employee, the employee may be required to sign a document in which they give an undertaking that on termination of employment, the clothing and/or equipment will be returned to the employer.

(iv)       The employer may observe a probationary period of 3 months’ employment before the issue of protective clothing. The issue of this clothing and/or equipment will be considered to be the initial issue and further issues to be on the anniversary of appointment or on a wear and tear basis.

(v)         The wearing of protective clothing and/or equipment will be a condition of employment, except in special cases where individual physical disabilities preclude wearing a standard issue.

(b)         Safety footwear allowance

(i)           Except where safety footwear is provided by the employer or clause 23.7(b)(ii) applies, the employer will reimburse the cost of one pair of safety boots/shoes to each employee (including a fire fighting employee) and thereafter the cost of such footwear on a replacement basis.

(ii)         The terms of clause 23.7(b) will not apply to an employee in circumstances where by the relevant legislation or applicable safety standard the nature of work performed by the employee does not warrant the wearing of safety footwear.

(c)          Case hardened glasses allowance

Where required by an employee (including a fire fighting employee), the employer will reimburse the employee the cost of having the employee’s prescription lenses case hardened.

(d)         Protective gloves allowance

Where an employee (including a fire fighting employee) is performing manual tasks, such as the handling of timber, metal, cable or other materials, the employer will reimburse such employees for the cost of protective gloves, except where the gloves are provided by the employer.

(e)          Special transport of injured allowance

In the event of an injury to an employee requiring medical attention that cannot be provided by the employer or on the employer’s premises, the employer will reimburse the employee the cost of transporting such employee to the nearest hospital or doctor at which or by whom the employee is to be treated, if such transport is not provided by the employer.

23.8               Travelling expenses

(a)          Change of residence

A weekly employee:

(i)           engaged in one locality to work in another; or

(ii)         sent, other than at the employee’s own request, from the employee’s usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence,

will be reimbursed, whilst necessarily travelling between such localities, for expenses for a period:

(iii)       not exceeding 3 months; or

(iv)       in cases where the employee is in the process of buying a place of residence in the new locality, for a period not exceeding 6 months.

(b)         Reimbursement of expenses will cease after the employee has taken up permanent residence at the new location.

(c)          Expenses while on distant work

A weekly employee sent from the usual locality to another and who is required to remain away from the employee’s usual place of residence will, whilst necessarily travelling between such localities, be reimbursed expenses whilst so absent from the usual locality.

(d)         Definition of expenses

For the purpose of clause 23.8, expenses means:

(i)           all fares reasonably incurred;

(ii)         reasonable expenses incurred whilst travelling will include the meal allowance as prescribed in clause 23.3; and

(iii)       an allowance to cover the cost incurred for reasonable board and lodging.

23.9               Work away from usual place of employment allowance

An employee who on any day or from day to day is required to work at a job away from the employee’s usual place of work will at the direction of the employer attend for work at such place at the usual starting time and will be reimbursed for any fares reasonably incurred in excess of those normally incurred in travelling between the employee’s home and usual place of work.

23.10           Travelling allowance—daily travel

A weekly employee (other than a bushworker) who on any day or from day to day is required to work at a job away from the employee’s usual place of work will:

(a)          at the direction of the employer, attend for work at such place at the usual starting time; and

(b)         for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from home to the employee’s usual place of work and returning) be paid for such time spent travelling:

(i)           at the ordinary hourly rate on Monday to Saturday;

(ii)         at 150% of the ordinary hourly rate on Sundays and public holidays.

(c)          The maximum travelling time to be paid for will be:

(i)           12 hours out of every 24 hours; or

(ii)         where a sleeping berth is provided by the employer for all night travel, 8 hours out of every 24.

23.11           Travelling allowance—change of residence

(a)          A weekly employee (other than a bushworker):

(i)           engaged in one locality to work in another; or

(ii)         sent, other than at the employee’s own request, from the employee’s usual locality to another for employment which can reasonably be regarded as permanent; and

(iii)       involving a change of residence,

(b)         will be paid travelling time whilst necessarily travelling between such localities for a period:

(i)           not exceeding 3 months; or

(ii)         in cases where the employee is in the process of buying a place of residence in the new locality, for a period not exceeding 6 months.

23.12           Travelling allowance—distant work

(a)          A weekly employee (other than a bushworker) sent from the usual locality to another (in circumstances other than those prescribed in clause 23.10) and who is required to remain away from the employee’s usual residence will be paid travelling time whilst necessarily travelling between such localities.

(b)         The rate of pay for travelling time will be the employee’s ordinary hourly rate, except on Sundays and public holidays when it will be 150% of the employee’s ordinary hourly rate.

(c)          The maximum travelling time to be paid for will be:

(i)           12 hours out of every 24 hours; or

(ii)         where a sleeping berth is provided by the employer for all night travel, 8 hours out of every 24.

23.13           Travelling allowance—bushworkers other than pieceworkers

(a)          Each employee in the bush will have a fixed starting place which will be the existing starting place.

(b)         New starting places in the bush will be fixed by agreement between the employer and the employees, as per clause 36Dispute resolution.

(c)          When an employee has a fixed starting point in the bush the employee will be paid at ordinary rates for all time occupied in travelling between the starting place and the work and for all the time in excess of half an hour back from the work to the starting point.

23.14           Training and skill development allowances

(a)          Where it is agreed that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours, the employee concerned will not suffer any loss of pay. The employer must not unreasonably withhold such paid training leave. This will not prevent the employer and employee(s) agreeing to paid leave for other relevant training. Any entitlement to payment for training undertaken in accordance with clause 23.14 is subject to prior approval of the training by the employer before the training commences.

(b)         Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred in connection with the undertaking of training will be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

(c)          Travel costs incurred by an employee undertaking training required by the employer which exceed those normally incurred in travelling to and from work will be reimbursed by the employer.

(d)         Clause 23.14 does not apply to costs associated with training that are in connection with an apprentice’s training contract. Such costs are subject to clause 15 and not clause 23.14.

24.                 Accident Pay

24.1               Should an employee, in either the General Timber Stream or the Pulp and Paper Stream of this Award, meet with an accident at the place of employment and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation presently in force in the States and areas covered by this Award, such employee shall have the amount received by way of compensation increased by the employer to the amount of the usual weekly rate of pay (not including over award payments, shift loadings or overtime) payable to the employee under this Award.

24.2               The payment made by the employer shall be limited to a maximum period of 39 weeks in the case of an employee in the General Timber Stream, and 52 weeks in the case of an employee in the Pulp and Paper Stream.

24.3               For the purpose of clause 24 place of employment for a weekly employee, or a casual employee, shall include travelling directly from or to their place of employment.

24.4               Casual employees’ accident pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid is the usual weekly rate of pay including the casual loading prescribed by clause 12.2 of this Award but not including over award payments, shift loadings or overtime.

24.5               If an employee entitled to accident pay under clause 24 returns to work on reduced hours or modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

25.                 Superannuation

25.1               Superannuation legislation

(a)          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), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)         The rights and obligations in these clauses supplement those in superannuation legislation.

25.2               Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

25.3               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 25.2.

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

(c)          The employer must pay the amount authorised under clauses 25.3(a) or 25.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 25.3(a) or 25.3(b) was made.

25.4               Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 25.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 25.2, and pay the amount authorised under clauses 25.3(a) or 25.3(b), to one of the following superannuation funds or its successor:

(a)          FIRSTSUPER;

(b)         AustralianSuper;

(c)          CareSuper;

(d)         AustSafe Super;

(e)          any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

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

25.5               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 25.2 and pay the amount authorised under clauses 25.3(a) or 25.3(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

26.                 Overtime

[Varied by PR763276]

26.1               Definition of overtime

(a)          All time worked by employees outside the spread of hours prescribed in clause 17Ordinary hours of work, or in excess of the ordinary daily number of hours prescribed in clause 17Ordinary hours of work will be overtime.

(b)         A part-time employee who works in excess of the daily hours fixed by agreement between the employer and the employee will be paid at overtime rates.

26.2               Payment for working overtime

(a)          All overtime worked by day workers will be paid for at the rate of:

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

(ii)         200% of the ordinary hourly rate thereafter.

(b)         For the purpose of clause 26.2 ordinary hours will mean the hours fixed in an establishment in accordance with clause 17Ordinary hours of work.

(c)          When computing overtime each day’s work will stand alone.

(d)         When computing overtime the hourly rate will be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 hours per week.

26.3               Shiftwork payments for overtime

(a)          All overtime worked by shiftworkers will be paid as follows:

(i)           If on continuous work, 200% of the ordinary hourly rate.

(ii)         If on other than continuous work, 150% of the ordinary hourly rate for the first 2 hours on any one day and 200% of the ordinary hourly rate thereafter.

(iii)       Shiftwork payments for overtime do not apply when the time is worked:

·   by arrangement between the employees themselves; or

·   for the purpose of effecting the customary rotation of shifts.

(iv)       Subject to the following provisions, time off instead of payment for overtime, Sunday and public holiday work may be taken by an employee. The amount of time off will be calculated on the basis of the appropriate penalty rate. The time period off will be taken during ordinary working hours within one month of the work being performed. This alternative to the payment of penalty rates will only apply by agreement between the employer and the employee concerned.

(b)         Provided that when not less than 8 hours’ notice has been given to the employer by a reliever that the employee will be absent from work and the employee who should be relieved is not relieved and is required to continue to work on the rostered day off, the unrelieved employee will be paid 200% of the ordinary hourly rate.

26.4               Pulp and Paper Stream—payment for shiftworkers working overtime

For all work outside the ordinary hours, or in excess of the normal duration of the shift, overtime will be paid to a shiftworker at the rate 200% of the ordinary hourly rate, except in cases where such time is worked by arrangement between the employees themselves. Provided that:

(a)          where an employee is given notice to work on the employee’s rostered day off and the notice is cancelled within 16 hours of the time due for them to commence, the employee will be paid 4 hours’ ordinary pay; and

(b)         where an employee is given notice to work the succeeding shift and the notice is cancelled, and as a consequence of the notice the employee has remained on the premises until the prescribed starting time, the employee will be paid 4 hours’ ordinary pay.

26.5               Non-accumulation of penalty rates

The rates prescribed in clause 26Overtime will be in substitution for and not cumulative upon the shift rates prescribed elsewhere in this award.

26.6         Payment for work on Saturdays, Sundays and public holidays

For other than shiftworkers, work on Saturdays, Sundays and public holidays will be paid in accordance with clause 27.1.

26.7         Payment for work on rostered day off

All work performed on a rostered day off by weekly employees, on the instructions of the employer, will be paid for at:

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

(b)         200% of the ordinary hourly rate thereafter,

with a minimum payment as for 3 hours at such rate.

26.8               Watchpersons

All overtime for a watchperson will be paid for at 150% of the ordinary hourly rate.

26.9               Reasonable overtime

(a)          Subject to section 62 of the Act and clause 26.9, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b)         An employee may refuse to work overtime hours if they are unreasonable.

(c)          In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 26.9 the following must be taken into account:

(i)           any risk to employee health and safety from working the additional hours;

(ii)         the employee’s personal circumstances, including family responsibilities;

(iii)       the needs of the workplace or enterprise in which the employee is employed;

(iv)       whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(v)         any notice given by the employer of any request or requirement to work the additional hours;

(vi)       any notice given by the employee of his or her intention to refuse to work the additional hours;

(vii)     the usual patterns of work in the industry, or the part of an industry, in which the employee works;

(viii)   the nature of the employee’s role, and the employee’s level of responsibility;

(ix)       whether the additional hours are in accordance with averaging terms of clauses 17Ordinary hours of work, 18Rostering arrangements and 27Penalty rates and shiftwork arrangements inserted pursuant to section 63 of the Act, that applies to the employee; and

(x)         any other relevant matter.

26.10           Rest period after overtime

(a)          When overtime work is necessary, it must, whenever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

(b)         An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times will, subject to clause 26.10, be released after completion of overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c)          If, on the instructions of the employer, an employee resumes or continues work without having had 10 consecutive hours off duty, the employee will be paid at 200% of the ordinary hourly rate for such period until released from duty and the employee will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(d)         In the case of a shiftworker the provisions of clause 26.10 will apply as if 8 hours were substituted for 10 hours when overtime is worked:

(i)           for the purpose of change shift rosters;

(ii)         where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace such shiftworker; or

(iii)       where a shift is worked by arrangement between the employees themselves.

26.11           Call-back

(a)          An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) will be paid for a minimum of 4 hours’ work at the appropriate rate for the call-back except when the employee is entitled to payment for standing by in accordance with clause 26.12 in which case the employee will be paid for a minimum of 3 hours’ work at the appropriate rate.

(b)         The employee will not be required to work the full 4 hours’ work if the work the employee was recalled to perform is completed in a shorter period except in unforeseen circumstances.

26.12           Standing by

When an employee who is ready, willing and capable to attend for duty is required by the employer to be in readiness for a call-back to work the employee will, until released by the employer or notified of the requirement to attend for duty, be paid for standing by time at ordinary rates from the time so held in readiness.

26.13           Recall without notice

An employee in the Pulp and Paper Stream recalled without notice to work overtime will be paid at the rate of ordinary time from the time of receipt of notice of recall until the employee reports for duty. Provided the employee reports for duty without unreasonable delay.

26.14           Transport for employees after overtime

(a)          Where an employee working overtime is required to remain on duty to a time which precludes the employee from using any reasonable means of transport to the employee’s home, the employer must pay the cost of transport for the employee to get home free of charge and pay the employee’s current rate until transport is available.

(b)         Clause 26.14 will not apply to an employee who lives within reasonable walking distance from the point at which the employee is employed.

26.15           Time off instead of payment for overtime

(a)          An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b)         The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 26.15 an employee who worked 2 overtime hours 150% of the ordinary hourly rate is entitled to 3 hours’ time off.

(c)          Time off must be taken:

(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.

(d)         If the employee requests at any time, to be paid for overtime covered by an agreement under clause 26.15 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.

(e)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 26.15(c), 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.

(f)           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.

(g)          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 26.15 will apply for overtime that has been worked.

[Note varied by PR763276 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).

(h)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 26.15 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 26.15.

27.                 Penalty rates and shiftwork arrangements

[Varied by PR733906, PR747387]

27.1               Penalty rates for day workers

(a)          Payment for work on Saturdays

All work performed on a Saturday by weekly employees (other than shiftworkers) on the instructions of the employer will be paid for at the rate of:

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

(ii)         200% of the ordinary hourly rate thereafter,

with a minimum payment as for 3 hours.

(b)         Payment for work on Sundays

All work performed on Sundays by weekly employees on the instructions of the employer will be paid for at the rate of 200% of the ordinary hourly rate with a minimum payment as for 3 hours.

(c)          Payment for work on public holidays

[Paragraph in 27.1(c) numbered as 27.1(c)(i) by PR747387 ppc 14Nov22]

(i)           Except as prescribed by 33Public holidays, all work performed by weekly employees on public holidays on the instructions of the employer will be paid for at the rate of 250% of the ordinary hourly rate with a minimum payment of 3 hours. This rate includes the ordinary rate of pay where due under clause 20Minimum rates for ordinary hours of work.

[27.1(c)(i) inserted by PR747387 ppc 14Nov22]

(ii)         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 27.1(c)(i).

(d)         Payment for casual workers working on public holidays—General Timber Stream

[27.1(d) varied by PR733906 from 27Sep21]

A casual employee in the general timber stream who works on a public holiday or on its substitute day will be paid the appropriate public holiday pay as described elsewhere in this award and the ordinary casual loading. That is, the casual employee will be paid 275% of the ordinary hourly rate.

27.2               Shiftwork arrangements

(a)          Twelve hour shifts

Employees may be required to work a continuous 12 hour shift subject to:

(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)         an adequate trial or review process being implemented through the consultative process at the workplace.

(b)         Changes to shifts

(i)           Consultation

Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must comply with clause 34.1 and 34.2.

(ii)         Day worker changing to shiftwork

Where a day worker commences shiftwork at the instruction of the employer without 7 days’ notice (or a reduced period of 48 hours’ notice where the transfer to shiftwork is necessitated by absenteeism), the employer will pay the employee 150% of the ordinary hourly rate for all ordinary hours worked until the required notice period would have expired. This payment will be in place of any shift rates payable under clause 27.3.

(iii)       Change of shift rosters

Where the employer does not provide a shiftworker with 48 hours’ notice of any change to the employee’s shift roster, the employer will pay the employee 150% of the ordinary hourly rate for all ordinary hours worked until the 48 hour notice period would have expired. This payment will be in place of any shift rates payable under clause 27.3.

(iv)       Termination of shift

An employer must give a shiftworker 7 days’ notice of the cessation of the shiftwork. If 7 days’ notice is not given, the employer will pay the employee the shift rates payable under clause 27.3 for all ordinary hours worked until the 7 days’ notice would have expired.

(c)          Daylight saving

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).

27.3               Rates for shiftworkers

(a)          Definitions

(i)           Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

(ii)         Night shift means any shift finishing after midnight and at or before 8.00 am.

(iii)       Rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice.

(iv)       Continuous work means work carried on with consecutive shifts of persons throughout the 24 hours of each of at least 6 consecutive days without interruptions except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(b)         Payment for ordinary shifts

(i)           Day shift

An employee whilst on day shift will be paid the ordinary hourly rate.

(ii)         Afternoon shift

An employee whilst on afternoon shift will be paid 115% of the ordinary hourly rate.

(iii)       Night shift—rotating

An employee whilst on night shift which rotates with another shift will be paid 115% of the ordinary hourly rate.

(iv)       Night shift—non-rotating

An employee who, other than at the employee’s own request works night shifts only will be paid 130% of the ordinary hourly rate.

(v)         Where in any establishment bound by the provisions of this award at which an employee working on shift is engaged and the majority of the employees working on shiftwork receive higher shift premiums for working such shifts, then those higher shift rates will be paid to the employee in substitution for the shift rates prescribed by clause 27.3.

(vi)       If agreement is reached a system of averaging the shift rates may apply.

(c)          Day work—rate for ordinary hours on Saturday and Sunday

(i)           Ordinary hours of work performed on a Saturday will be paid for at 150% of the ordinary hourly rate and on a Sunday 200% of the ordinary hourly rate.

(ii)         An employee in the Pulp And Paper Stream required to work on a Sunday will be paid for the time worked at the rate of 200% of the ordinary hourly rate for a minimum of 4 hours, except where the work is performed immediately following or immediately preceding time worked by the employee on a Saturday or Monday.

(iii)       Sunday allowance—Pulp and Paper Stream

In consideration of the Sunday overtime required in the industry, an employee who works not less than 8 hours on a Sunday outside the employee’s ordinary hours of work prescribed in this award and has worked not less than 8 hours on either of the immediately preceding 2 Sundays outside such ordinary hours will be paid in respect of the first-mentioned Sunday a special allowance of 4 hours’ pay at ordinary time.

(d)         Shiftwork—ordinary shifts on Saturday, Sunday and public holidays

Ordinary shifts, the major portion of which is worked on a Saturday, will be paid at 150% of the ordinary hourly rate and on a Sunday or public holiday at 200% of the ordinary hourly rate. Such extra rates will be in substitution for shift rates as prescribed in clause 27.3(b).

27.4               Apprentices

Penalty rates for apprentices will be as prescribed under clause 15.4.

Part 6—Leave and Public Holidays

28.                 Annual leave

[Varied by PR751087]

28.1               Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

28.2               Definition of 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.

28.3               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.

28.4               Payment for annual leave

(a)          Employees other than pieceworkers

(i)           Instead of the base rate of pay referred to in section 90(1) of the Act, an employee under this award, before going on annual leave, must be paid the rate 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.

(ii)         Subject to clause 28.4(a)(iii), the rate 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 allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employee’s contract of employment including any over-award payment.

(iii)       The employee is not entitled to 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.

(b)         Pieceworkers

Payment in the case of a pieceworker employed by one employer only on a full-time basis to whom the provisions of clause 13.1 of this award applies shall be the rate then currently prescribed by such award for the ordinary weekly hours as defined by clause 17.2 of the award for the area in which the employee was employed and for the classification in which the employee was classified by the employer immediately prior to commencing leave, plus 25%.

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).

28.5               Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 28, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

28.6               Loading on annual leave—employees other than pieceworkers

(a)          During a period of annual leave an employee will receive a loading calculated on the minimum wage prescribed by clause 20Minimum rates, in the following manner:

(i)           Day workers

An employee who would have worked on day work only had the employee not been on leave will receive a loading of 17.5%, or in the case of a worker in the Pulp and Paper Stream, a loading of 20%.

(ii)         Shiftworkers

Where an employee would have worked on shiftwork had the employee not been on annual leave, the employee will be paid a loading for each shift equal to the greater of:

·   17.5% (or 20% in the case of an employee in the Pulp and Paper Stream); or

·   the shift