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Educational Services (Post-Secondary Education) Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771351).
Clause(s) affected by the most recent variation(s):
Table of Contents
[Varied by PR719667, PR743441, PR746868, PR747391, PR750460]
Schedule G —Agreement for Time Off Instead of Payment for Overtime............................. 97
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Educational Services (Post-Secondary Education) Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733919]
In this award, unless the contrary intention appears:
academic teacher means an employee engaged to teach students, where a majority of the employee’s teaching work is in the delivery of units or programs which are at bachelor’s degree level or higher academic level, including the delivery of units which are intended subsequently to be accepted without discount as credit towards a degree.
accredited means accredited by an authority exercising statutory powers of accreditation, not being an educational institution.
Act means the Fair Work Act 2009 (Cth).
AQF means the Australian Qualifications Framework.
[Definition of casual employee inserted by PR733919 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
ELICOS means English Language Intensive Courses for Overseas Students.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
general staff member means an employee employed in a capacity other than as an academic teacher, a teacher or tutor/instructor and includes employees engaged in clerical, administrative, professional and technical work.
LOTE means Languages Other Than English.
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 Fair Work Act 2009 (Cth).
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.
post-secondary educational services industry has the meaning given in clause 4.2.
public holiday means a day identified as a public holiday in the NES.
standard rate means the minimum weekly rate for Level 2.1 in clause 16.1(d).
teacher means an employee engaged to teach students where a teaching qualification is mandatory or required by the employer, and where the work required involves teaching a course of study or units of work recognised within or pursuant to the Australian Qualifications Framework or accredited by a relevant state or territory authority and which is neither the work of an academic teacher nor a tutor/instructor.
teaching staff member means an academic teacher, a teacher or a tutor/instructor.
TESOL means Teaching English to Speakers of Other Languages.
tutor/instructor means an employee engaged in providing tutoring/instruction to students where the course is not accredited and where the employer may not require a teaching qualification and which is neither the work of an academic teacher nor a teacher.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia in the post-secondary educational services industry and their employees (other than trades, cleaning or maintenance staff) employed in the classifications listed in Schedule A—Classifications—Academic Teachers, Schedule B—Classifications—Teachers and Tutor/Instructors and Schedule C—Classifications—General Staff, to the exclusion of any other modern award.
(a) vocational education and training (VET) teaching leading to qualifications recognised within the Australian Qualifications Framework (AQF);
(b) English Language Intensive Courses for Overseas Students (ELICOS) and Teaching English to Speakers of Other Languages (TESOL) teaching;
(c) Languages Other Than English (LOTE) teaching;
(d) English language, literacy and numeracy teaching;
(e) English language teaching in migrant education programmes;
(f) community and adult education teaching not leading to qualifications recognised by the AQF;
(g) undergraduate and postgraduate teaching leading to the conferring of accredited degrees or other higher education qualifications recognised within the AQF, except teaching in a university approved to operate in Australia;
(h) foundation studies programmes or bridging course teaching where the programme or course is preparatory to or articulates with programmes of teaching leading to higher education qualifications recognised within the AQF; and
(i) the employees of any student unions established for students in institutions providing post-secondary educational services.
4.3 This award does not apply to:
(a) any secondary school;
(b) any employer in respect of an employee to whom the Higher Education Industry—Academic Staff—Award 2020 or the Higher Education Industry—General Staff—Award 2020 applies; or
(c) any employer whose principal function is the provision of labour market assistance programs.
4.4 This award does not cover:
(a) employees excluded from award coverage by the Fair Work Act 2009 (Cth) (the Act);
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.5 This award covers any employer which supplies labour on an on-hire basis in the post-secondary educational services industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award covers employers which provide group training services for trainees engaged in the post-secondary educational services industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the 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.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763280 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 31—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
14.1(c) |
Spread of hours |
The majority of employees |
|
14.1(d)(ii) |
Ordinary hours of work—general staff—full-time employees |
The majority of employees |
|
14.1(d)(iii) |
Ordinary hours of work—general staff—full-time employees |
The majority of employees |
|
17.1(b) |
Payment of wages |
The majority of employees |
|
20.5 |
Time off instead of overtime payment—general staff classified at Level 7 or below |
An individual |
|
20.8 |
Make-up time |
An individual |
|
23.4 |
Annual leave in advance |
An individual |
|
0 |
Cashing out of annual leave |
An individual |
|
28.2 |
Substitution of public holidays |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time;
(c) casual; or
(d) sessional.
8.2 Letter of appointment
(a) On appointment an employer will provide an employee (other than a casual employee) with a letter of appointment stating:
(i) their classification;
(ii) their rate of pay; and
(iii) whether they are a full-time, part-time or sessional employee.
(b) In the case of a sessional teacher this will also state the cessation date of the employment.
A full-time employee is an employee who is engaged to work the ordinary hours of work set out in clause 14—Ordinary hours of work.
10.1 A part-time employee is an employee employed:
(a) for less than the normal ordinary hours specified for a full-time employee; or
(b) in the case of a teaching staff member for less than the face-to-face teaching load of a full-time teaching staff member at that workplace; and
(c) for which all award entitlements are paid or calculated on a pro rata basis by reference to the time worked.
(a) the number of hours to be worked each week;
(b) the days of the week the employee will work;
(c) the starting and finishing times each day where hours are not averaged; and
(d) any periods during a year when work by the employee will not be required.
10.3 Changes in hours may only be made by agreement in writing between the employer and the employee.
10.4 An employer is required to roster a part-time employee for a minimum of 2 consecutive hours on any day.
10.5 A part-time employee must be paid the minimum hourly rate for the relevant classification in clause 16—Minimum rates for each hour worked.
10.6 Except where hours are averaged, all time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
[Varied by PR723892, PR733919, PR743441]
[11.1 deleted by PR733919 from 27Sep21]
[11.2 renumbered as 11.1 by PR733919 from 27Sep21]
11.1 A casual employee will be paid in accordance with the provisions of clause 16.2.
[New 11.3 inserted by PR723892 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733919 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clauses 20.1(c), 20.3 and 20.6(c).
[11.3 renumbered as 11.4 by PR723892, 11.4 renumbered as 11.3 by PR733919 from 27Sep21]
11.3 A casual employee must be paid at the termination of each engagement, or in accordance with the usual payment methods for full-time employees provided in clause 17—Payment of wages.
[11.4 renumbered as 11.5 by PR723892, 11.5 renumbered as 11.4 by PR733919 from 27Sep21]
11.4 For teachers and tutor/instructors, the minimum payment for each engagement will be for 2 hours’ work calculated in accordance with clause 16.2(b).
[11.5 renumbered as 11.6 by PR723892, 11.6 renumbered as 11.5 by PR733919 from 27Sep21]
11.5 For general staff the minimum payment will be for 3 hours’ work at the appropriate rate.
[11.6 renumbered as 11.7 by PR723892, 11.7 renumbered as 11.6 by PR733919 from 27Sep21; deleted by PR743441 ppc 11Jul22]
[11.7 renumbered as 11.8 by PR723892, 11.8 renumbered as 11.7 by PR733919 from 27Sep21; deleted by PR743441 ppc 11Jul22]
11.6 Offers and requests for casual conversion
[11.8 renumbered as 11.9 by PR723892; 11.9 renumbered as 11.8 and renamed and substituted by PR733919 from 27Sep21; 11.8 renumbered as 11.6 by PR743441 ppc 11Jul22]
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 31—Dispute resolution.
[11.9 renumbered as 11.10 by PR723892; 11.10 deleted by PR733919 from 27Sep21]
[New 12—Sessional employment inserted by PR743441 ppc 11Jul22]
12.1 Clause 12 applies only to teaching staff members.
(a) A sessional employee is an employee engaged to work on a full-time or part-time basis for a specified period or periods of not less than 4 weeks or not more than 40 weeks in any calendar year.
(b) A sessional employee receives, on a pro rata basis, pay and conditions equivalent to those of a full-time or part-time teacher with the same qualifications, experience and teaching load.
(d) Subject to the employee’s satisfactory conduct and performance, where an equivalent position exists at the expiry of the employee’s period of engagement, the employer will offer a further engagement to the employee.
(e) Where practicable, notice of re-engagement will be given at least 2 weeks prior to the expiry of the current engagement and the employee will give one week’s notice of acceptance to the employer.
12.2 Continuous service
(a) Clause 12.2 applies only to teaching staff members.
(b) For the purposes of the NES:
(i) One or more engagements of a sessional employee with an employer will be deemed to be continuous unless more than 8 weeks have elapsed between those engagements. The period between engagements will not count as service.
(ii) Where an interruption in service was caused by the employer with the intention of avoiding an obligation under this award, another industrial instrument or relevant legislation, the service will be deemed to be continuous.
[12 renumbered as 13 by PR743441 ppc 11Jul22]
13.1 All employees covered by this award must be classified according to the classification descriptors set out in Schedule A—Classifications—Academic Teachers, Schedule B—Classifications—Teachers and Tutor/Instructors or Schedule C—Classifications—General Staff.
13.2 Employees must be paid the minimum rate or the minimum annual salary for the classification level in clause 16—Minimum rates.
13.3 Employers must advise their employees in writing of their classification level and of any changes to their classification level.
13.4 The classification by the employer must be according to the principal functions and skill requirements of the employment as determined by the employer.
[13 renumbered as 14 by PR743441 ppc 11Jul22]
14.1 Ordinary hours of work—general staff
(a) Ordinary hours of work are worked continuously, except for meal breaks, on:
(i) any of the days from Monday to Friday (inclusive) between 7.00 am and 7.00 pm; and
(ii) Saturday between 7.00 am and 12.30 pm.
(b) An employee may be required to work until 8.00 pm on up to a maximum of 8 weekdays within a 28 day period without the entitlement to overtime if the ordinary hours worked do not exceed the number of hours within the nominated cycle.
(d) Full-time employees
(i) The ordinary hours of work for full-time employees will not exceed an average of 38 hours per week to be worked on one of the following bases:
· an average of 38 hours over a work cycle not exceeding 7 consecutive days;
· an average of 76 hours over a work cycle not exceeding 14 consecutive days; or
· an average of 152 hours over a work cycle not exceeding 28 consecutive days; and
· not more than 10 consecutive hours, exclusive of meal breaks (except if paid for at overtime rates) in any one day.
14.2 Ordinary hours of work—academic teachers
(a) For the purposes of the NES, the ordinary hours of work are 38 per week.
(b) An employer is entitled to annualise the hours of work so that they are averaged over 12 months, or where the contract of employment is for less than a calendar year, for the period of employment.
(c) For the purposes of determining the number of hours worked by an academic teacher, the following apply:
(i) a lecture, being the main presentation of course material in a subject, will count as 3 hours’ work for each hour of delivery, and will include associated preparation, assessment and student consultation;
(ii) a tutorial, being a presentation to students in a unit or subject in which lectures are offered will count as 3 hours’ work for each hour of delivery and will include associated preparation, assessment and student consultation; and
(iii) a repeat of a lecture or tutorial, carried out within 28 days of the first delivery, will count as 2 hours’ work for each hour of delivery.
14.3 Ordinary hours of work—teachers and tutor/instructors
(a) For the purposes of the NES, the ordinary hours of work are 38 per week.
(b) An employer is entitled to annualise the hours of work so that they are averaged over 12 months, or where the contract of employment is for less than a calendar year, for the period of employment.
(c) For the purpose of determining the number of hours worked by a teacher or tutor/instructor the following apply:
(i) each contact hour of teaching delivery by a teacher will count as 1.5 hours of work, including administration, assessment and consultation; and
(ii) each contact hour of delivery by a tutor/instructor will count as 1.25 hours of work, including administration, assessment and consultation.
14.4 Where a member of the teaching staff is working annualised hours, the provisions of clause 15—Breaks and clause 20—Overtime will not apply. However those employees will be entitled to an unpaid meal break of at least 30 minutes after 5 hours of work.
[14 renumbered as 15 by PR743441 ppc 11Jul22]
15.1 Paid meal break—shiftworkers
A paid meal break for shiftworkers (being employees who work a shift that attracts the penalty rates in clause 21—Shiftwork—general employees) of at least 20 minutes must be allowed no later than 5 hours after the starting time of each shift.
15.2 Unpaid meal breaks—non-shiftworkers
An unpaid meal break for non-shiftworkers of between 30 and 60 minutes will be allowed for a meal. An employee will not be required to work for more than 5 hours without a meal break.
(a) An employee must be allowed 2 paid 10 minute rest breaks on each day as follows:
(i) one 10 minute break between the time of starting work and the usual meal break; and
(ii) a second 10 minute break between the usual meal break and the time of finishing work.
(d) If an employee is required to work through their normal meal break the employee will be paid 200% of the minimum hourly rate for all time so worked until the meal break is given.
[Varied by PR720159, PR718893, PR723892, PR729334, PR740759; 15 renumbered as 16 by PR743441 pcc 11Jul22; varied by PR762184]
(a) Academic teachers—full-time and part-time
[16.1(a) varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
Employee classification level |
(full-time employee) |
Minimum weekly rate2 (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
$ |
|
Level A |
|
|
|
|
A.1 |
61,336 |
1175.80 |
30.94 |
|
A.2 |
63,794 |
1222.90 |
32.18 |
|
A.3 |
66,250 |
1270.00 |
33.42 |
|
A.4 |
68,556 |
1314.20 |
34.58 |
|
A.5 |
70,398 |
1349.50 |
35.51 |
|
A.6 |
72,395 |
1387.80 |
36.52 |
|
A.7 |
74,392 |
1426.00 |
37.53 |
|
A.8 |
76,390 |
1464.30 |
38.53 |
|
Level B |
|
|
|
|
B.1 |
79,463 |
1523.30 |
40.09 |
|
B.2 |
81,768 |
1567.40 |
41.25 |
|
B.3 |
84,073 |
1611.60 |
42.41 |
|
B.4 |
86,382 |
1655.90 |
43.58 |
|
B.5 |
88,684 |
1700.00 |
44.74 |
|
B.6 |
90,992 |
1744.30 |
45.90 |
|
Level C |
|
|
|
|
C.1 |
93,294 |
1788.40 |
47.06 |
|
C.2 |
95,601 |
1832.60 |
48.23 |
|
C.3 |
97,904 |
1876.80 |
49.39 |
|
C.4 |
100,211 |
1921.00 |
50.55 |
|
C.5 |
102,514 |
1965.10 |
51.71 |
|
C.6 |
104,820 |
2009.30 |
52.88 |
1 An increase in wage rates as a result of the Annual Wage Review is applied to the annual salary.
2 The weekly rate of pay for an employee is determined by dividing the annual salary by 313, multiplying that amount by 6, and rounding to the nearest $0.10.
(b) Academic teachers—casual rates
[16.1(b) varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
The following will apply to casual academic teachers:
|
|
Casual hourly rate (including casual loading)1 |
|
|
$ per hour |
|
Lecturing |
|
|
Lecture (one hour of delivery and 2 hours of associated working time) |
154.68 |
|
Repeat lecture (one hour of delivery and one hour of associated working time) |
103.10 |
|
Tutoring |
|
|
Tutorial (one hour of delivery and 2 hours of associated working time) |
120.69 |
|
Repeat tutorial (one hour of delivery and one hour of associated working time) |
80.45 |
|
Tutorial (one hour of delivery and 2 hours of associated working time) (where academic holds a relevant doctoral qualification) |
136.99 |
|
Repeat tutorial (one hour of delivery and one hour of associated working time) (where academic holds a relevant doctoral qualification) |
91.28 |
|
Marking |
|
|
Standard marking |
40.20 |
|
Marking as a supervising examiner, or marking requiring a significant exercise of judgment |
51.56 |
|
Standard marking (where staff holds a relevant doctoral qualification) |
45.66 |
|
Technical demonstration |
|
|
Technical demonstration (one hour of delivery and one hour of associated working time) |
80.45 |
|
Other required staff activity |
|
|
Where staff does not hold doctorate qualifications or perform full subject co-ordination duties |
40.20 |
|
Where staff hold doctorate qualifications or perform full subject co-ordination duties |
45.66 |
1 The casual rates in this table will be adjusted by the same percentage increase applied to the annual rates contained in clause 16.1(a).
(c) Teachers and tutor/instructors
[16.1(c) varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
Employee classification level |
Minimum annual rate1 (full-time employee) |
Minimum weekly rate2 |
Minimum hourly rate |
Casual daily rate3 |
Casual hourly rate 4 |
|
|
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
58,363.48 |
1118.79 |
29.44 |
279.52 |
55.90 |
|
Level 2 |
59,141.68 |
1133.71 |
29.83 |
283.25 |
56.65 |
|
Level 3 |
60,310.96 |
1156.12 |
30.42 |
288.85 |
57.77 |
|
Level 4 |
61,492.01 |
1178.76 |
31.02 |
294.50 |
58.90 |
|
Level 5 |
63,979.23 |
1226.44 |
32.27 |
306.41 |
61.28 |
|
Level 6 |
65,637.28 |
1258.22 |
33.11 |
314.35 |
62.87 |
|
Level 7 |
67,146.90 |
1287.16 |
33.87 |
321.58 |
64.32 |
|
Level 8 |
68,805.08 |
1318.95 |
34.71 |
329.53 |
65.91 |
|
Level 9 |
70,471.03 |
1350.88 |
35.55 |
337.50 |
67.50 |
|
Level 10 |
72,621.88 |
1392.11 |
36.63 |
347.81 |
69.56 |
|
Level 11 |
74,624.20 |
1430.50 |
37.64 |
357.40 |
71.48 |
|
Level 12 |
76,391.80 |
1464.38 |
38.54 |
365.86 |
73.17 |
1An increase in wage rates as a result of the Annual Wage Review is applied to the annual rate.
2 The weekly rate of pay for an employee is determined by dividing the annual salary by 313 and multiplying that amount by 6.
3 As provided in clause 16.2 the daily rate is paid where the engagement is for 5 hours or more.
4 As provided in clause 16.2 the hourly rate is paid where the engagement is for less than 5 hours.
(d) General staff rates
[16.1(d) varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
Employee classification level |
Minimum annual rate 1 (full-time employee) |
Minimum weekly rate 2 (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
1.1 |
47,518.62 |
910.90 |
23.97 |
|
1.2 |
49,767.00 |
954.00 |
25.11 |
|
1.3 |
51,300.70 |
983.40 |
25.88 |
|
Level 2 |
|
|
|
|
2.1 |
51,937.13 |
995.60 |
26.20 |
|
2.2 |
52,865.70 |
1013.40 |
26.67 |
|
Level 3 |
|
|
|
|
3.1 |
54,821.95 |
1050.90 |
27.66 |
|
3.2 |
57,571.13 |
1103.60 |
29.04 |
|
Level 4 |
|
|
|
|
4.1 |
59,130.92 |
1133.50 |
29.83 |
|
4.2 |
61,467.98 |
1178.30 |
31.01 |
|
Level 5 |
|
|
|
|
5.1 |
65,625.67 |
1258.00 |
33.11 |
|
5.2 |
68,755.67 |
1318.00 |
34.68 |
|
Level 6 |
|
|
|
|
6.1 |
70,461.52 |
1350.70 |
35.54 |
|
6.2 |
74,613.98 |
1430.30 |
37.64 |
|
Level 7 |
|
|
|
|
7.1 |
76,340.70 |
1463.40 |
38.51 |
|
7.2 |
80,879.20 |
1550.40 |
40.80 |
|
Level 8 |
85,960.23 |
1647.80 |
43.36 |
|
Level 9 |
90,884.77 |
1742.20 |
45.85 |
1 The annual rates in this table are determined by multiplying the weekly rate by 313 and dividing that amount by 6.
2 An increase in wage rates as a result of the Annual Wage Review is applied to the weekly rate.
NOTE: See Schedule D—Summary of Hourly Rates of Pay—General Staff for a summary of hourly rates of pay for general staff including overtime and penalty rates.
16.2 Casual rates—teachers, tutor/instructors and general staff
(a) A teacher and a tutor/instructor will be paid a daily rate except where the engagement is for less than 5 hours when payment will be at the hourly rate. Where an hourly rate is paid, it will be payable for each hour of attendance other than for timetabled tea breaks (in respect of which no more than 15 minutes will be deducted) and timetabled lunch breaks.
(b) Other than as specified in clause 16.1(b), casual rates have been calculated as follows:
|
Category |
Calculation |
|
General staff |
Weekly applicable rate for full-time employees divided by 38 plus 25% |
|
Teachers |
Daily rate: annual salary divided by 261 plus 25% |
|
Tutor/instructors |
Daily rate: annual salary divided by 261 plus 25% |
[16.2(c) inserted by PR723892 ppc 20Nov20]
(c) When a casual employee works overtime, they must be paid the overtime rates in clauses 20.1(c), 20.3 and 20.6(c).
Junior employees must be paid the following percentage of the applicable adult wage or salary rate. Clause 16.3 does not apply to employees who are required to hold a trade qualification.
|
Age |
% of adult rate |
|
Under 16 years of age |
45 |
|
16 years |
50 |
|
17 years |
60 |
|
18 years |
70 |
|
19 years |
80 |
|
20 years |
90 |
An employee required to perform the duties of a position in a classification higher than their usual classification for:
(a) more than 2 weeks in the case of a general employee classified at Level 7 or below; or
(b) more than 4 weeks in the case of a general employee classified at Level 8 or 9; or
(c) more than 4 weeks in the case of a member of the teaching staff;
will be paid for all time worked at the higher level rate.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule F—Supported Wage System.
[16.6(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[16.6(b) varied by PR720159 ppc 18Jun20, PR718893, PR729334, PR740759, PR762184 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 Educational Services (Post-Secondary Education) Award 2020 and not the Miscellaneous Award 2020.
[16 renumbered as 17 by PR743441 ppc 11Jul22]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Wages or salaries may be paid either:
(a) weekly or fortnightly, according to the average number of ordinary hours worked each week or fortnight; or
(b) by agreement between the employer and the majority of employees, monthly.
17.2 The employer may elect to pay wages by cash, cheque or by electronic funds transfer (EFT) into an account nominated by the employee with a bank or other financial institution.
17.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718893, PR719046, PR729334, PR729519, PR740759, PR740925; 17 renumbered as 18 by PR743441 ppc 11Jul22; varied by PR762184, PR762351]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances
[18.2(a) varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
An employee who has been trained to perform first aid and who is a current holder of appropriate first aid qualifications (such as a certificate from St John Ambulance or a similar body) will be paid an amount of $14.93 per week if they are appointed in writing by their employer to perform first aid duty.
18.3 Expense-related allowances
(i) Where an employee is engaged in work which may be damaging to clothing (e.g. working in food preparation areas, laboratories, etc.), the employer will reimburse the employee an amount equal to the cost of uniforms and/or protective clothing, except where the uniforms and/or protective clothing are provided by the employer.
(ii) Where an employee in the normal course of their employment is required to work under conditions which are wet and damaging to footwear, the employer will reimburse an employee an amount equal to the cost of protective footwear, except where such footwear is provided by the employer.
An employee will be paid a laundry allowance of $3.55 per week when required to wear and launder a uniform.
(c) Meal allowance—general staff
[18.3(c)(i) varied by PR719046, PR729519, PR740925, PR762351 ppc 01Jul23]
(i) A meal allowance of $18.23 will be paid to a general staff employee who:
· works more than one and a half hours of overtime after the employee’s ordinary time of ending work without being given 24 hours’ notice; or
· works approved overtime for more than 5 hours on a Saturday or Sunday.
[18.3(c)(ii) varied by PR719046, PR729519, PR740925, PR762351 ppc 01Jul23]
(ii) Where overtime worked exceeds 4 hours, or exceeds 9 hours if worked on a Saturday or Sunday, a further meal allowance of $14.60 will be paid.
(iii) The allowance in clause 18.3(c) is not payable when a meal is supplied by the employer.
An employee, required to be temporarily away from their usual place of residence in the course of the employer’s business, is entitled to the following:
(iv) For the purposes of clause 18.3(d) the employer’s business will include attending a course or conference on a residential living basis in respect of which the employer has agreed to meet the accommodation and living expenses.
(v) The allowances referred to in clauses 18.3(d)(i) and 18.3(d)(ii) are not payable where the fares, accommodation and living expenses are paid or provided directly by the employer.
(e) Travel time and fares
Where an employee is required by the employer to travel from one place of work to another, time spent travelling will be deemed to be time worked and will be paid for at the ordinary time rate. All fares associated with such travel will be paid for by the employer.
(f) Transport of employees—shiftworkers
(ii) Clause 18.3(f)(i) will not apply when the employer provides suitable transport.
(g) Vehicle allowance
An employee who by agreement with the employer uses their own motor vehicle in the course of their work will be paid the following allowances:
[18.3(g)(i) varied by PR729519, PR740925, PR762351 ppc 01Jul23]
$0.95 per kilometre with a maximum payment up to 400 kilometres per week.
[18.3(g)(ii) varied by PR729519, PR740925, PR762351 ppc 01Jul23]
$0.32 per kilometre with a maximum payment up to 400 kilometres per week.
(iii) The employer must pay all expenses including, registration, running and maintenance where an employer provides a motor vehicle which is used by an employee in the performance of their duties.
[18 renumbered as 19 by PR743441 ppc 11Jul22; varied by PR771351]
19.1 Superannuation legislation
[19.1 substituted by PR771351 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clause 19.3(a) and 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clause 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771351 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) Statewide Superannuation Trust;
(c) Tasplan;
(d) UniSuper Limited;
(e) VicSuper;
(f) 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
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR723892; 19 renumbered as 20 by PR743441 ppc 11Jul22; varied by PR763280]
20.1 Overtime—general staff—non–shiftworkers classified at Level 7 or below
(a) Definition of overtime
For employees classified at Level 7 or below overtime is any time worked:
(i) in excess of the hours fixed for the relevant work cycle; or
(ii) outside of the hours fixed in clause 14.1.
(b) Overtime rates—full-time and part-time employees
[20.1(b) substituted by PR723892 ppc 20Nov20]
Where a full-time or part-time employee works overtime, the employee must be paid the following overtime rates:
(i) 150% of the minimum hourly rate for the first 2 hours; and
(ii) 200% of the minimum hourly rate after 2 hours.
(c) Overtime rates—casual employees
[New 20.1(c) inserted by PR723892 ppc 20Nov20]
Where a casual employee works overtime, the employee must be paid the following overtime rates:
(i) 175% of the minimum hourly rate for the first 2 hours; and
(ii) 225% of the minimum hourly rate after 2 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 16.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 20.1(b).
(d) Overtime calculated daily
[20.1(d) inserted by PR723892 ppc 20Nov20]
The overtime rates prescribed by clauses 20.1(b) and 20.1(c) are calculated on a daily basis.
[20.1(c) renumbered as 19.1(e) by PR723892 ppc 20Nov20]
(i) The minimum period for which an employee must be paid overtime is one half hour per week.
(ii) An employee whose ordinary hours of work are 38 worked between Monday and Friday must be paid a minimum of 3 hours at overtime rates for work performed on a Saturday.
20.2 Overtime—general staff—full-time and part-time shiftworkers classified at Level 7 or below
[20.2 renamed by PR723892 ppc 20Nov20]
[20.2(a) varied by PR723892 ppc 20Nov20]
(a) For all time worked in excess of the ordinary weekly hours fixed, a full-time or part-time shiftworker must be paid the following rates:
(i) 150% of the minimum hourly rate for the first 3 hours, and
(ii) 200% of the minimum hourly rate after 3 hours.
[20.2(b) varied by PR723892 ppc 20Nov20]
(b) For all time worked in excess of the ordinary daily hours on an ordinary shift, a full-time or part-time shiftworker must be paid the following rates:
(i) 150% of the minimum hourly rate for the first 2 hours, and
(ii) 200% of the minimum hourly rate after 2 hours.
(c) Saturday, Sunday and public holiday work
[20.2(c) varied by PR723892 ppc 20Nov20]
A full-time or part-time shiftworker whose ordinary hours do not include a Saturday, Sunday or a public holiday must be paid 200% of the minimum hourly rate for all work done on such a day with a minimum payment of 4 hours. The minimum payment does not apply if the work is continuous with the starting or finishing time of their ordinary shift.
20.3 Overtime—general staff—casual shiftworkers classified at Level 7 or below
[New 20.3 inserted by PR723892 ppc 20Nov20]
(a) For all time worked in excess of the ordinary weekly hours fixed, a casual shiftworker must be paid the following rates:
(i) 175% of the minimum hourly rate for the first 3 hours; and
(ii) 225% of the minimum hourly rate after 3 hours.
(b) For all time worked in excess of the ordinary daily hours on an ordinary shift, a casual shiftworker must be paid the following rates:
(i) 175% of the minimum hourly rate for the first 2 hours; and
(ii) 225% of the minimum hourly rate after 2 hours.
(c) Saturday, Sunday and public holiday work
(i) A casual shiftworker whose ordinary hours do not include a Saturday, Sunday or a public holiday must be paid 225% of the minimum hourly rate for all work done on such a day with a minimum payment of 4 hours.
(ii) The minimum payment does not apply if the work is continuous with the starting or finishing time of their ordinary shift.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 16.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 20.2.
[20.3 renumbered as 19.4 by PR723892 ppc 20Nov20]
20.4 The overtime rates in clause 20 and the penalty rates in clause 22—Penalty rates are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.
20.5 Time off instead of payment for overtime
[20.4 renumbered as 19.5 by PR723892 ppc 20Nov20]
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 20.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.5 is set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 20.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 20.5 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.5 will apply, including the requirement for separate written agreements under clause 20.5(b) for overtime that has been worked.
[Note varied by PR763280 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.5 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 20.5.
20.6 Rest periods after overtime
[20.5 renumbered as 19.6 by PR723892 ppc 20Nov20]
(a) An employee who works overtime is entitled to a break of at least 10 hours plus reasonable travelling time, between the end of one period of duty and the start of the next.
(b) An employee who has not had at least 10 consecutive hours’ break must be released at the completion of the overtime until they have had 10 consecutive hours off duty without loss of pay during that absence.
[20.6(c) varied by PR723892 ppc 20Nov20]
[Note inserted by PR723892 ppc 20Nov20]
NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 16.2(b) to the overtime rates for full-time and part-time employees prescribed by clause 20.6(c).
(d) Where the employee is a shiftworker, the required break will be 8 hours instead of 10 in the following circumstances:
(i) where overtime is worked for the purpose of changing shift rosters;
(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace them; or
(iii) where a shift is worked by arrangement between the employees themselves.
[20.6 renumbered as 19.7 by PR723892 ppc 20Nov20]
Where an employee is required to return to duty after their usual finishing time the employee must be paid at the relevant overtime rate and must be paid for a minimum of 3 hours at that rate. Provided that clause 20.7 does not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.
[20.7 renumbered as 19.8 by PR723892 ppc 20Nov20]
An employee may elect, with the consent of the employer, to work make-up time where the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided for in clause 14.1.
NOTE: See Schedule D—Summary of Hourly Rates of Pay—General Staff for a summary of hourly rates of pay, including overtime and penalty rates.
21. Shiftwork—general employees
[20 renumbered as 21 by PR743441 ppc 11Jul22]
21.1 Definitions
For the purposes of clause 21 the following definitions will apply:
(a) afternoon shift means any shift finishing after 7.00 pm and at or before midnight;
(b) night shift means any shift finishing after midnight, and at or before 7.00 am; and
(c) permanent night shift means a night shift which does not rotate with another shift or shifts or day work and which continues for a period of not less than 4 consecutive weeks.
21.2 Payment for shiftwork
|
Shift |
Penalty rate |
Casual penalty rate (inclusive of 25% loading) |
|
|
% of minimum hourly rate |
|
|
Afternoon and non-permanent night shift |
115 |
140 |
|
Permanent night shift |
130 |
155 |
|
Saturday, Sunday and Public holiday |
150 |
175 |
(b) Sunday and public holiday work
(i) Where ordinary shift hours start between 11.00 pm and midnight on a Sunday or public holiday, the ordinary time worked before midnight does not entitle the employee to that penalty rate.
(ii) Where ordinary time is worked on a shift starting before midnight on the day before a Sunday or public holiday and extending into the Sunday or public holiday, the rate in clause 21.2(a) will apply to all time worked on that shift.
21.3 The penalty rates in clause 21 and in clause 20—Overtime are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.
NOTE: See Schedule D—Summary of Hourly Rates of Pay—General Staff for a summary of hourly rates of pay, including overtime and penalty rates.
22. Penalty rates—general employees
[21—Penalty rates corrected and renamed as 21—Penalty rates—general employees by PR719667 ppc 27May20; 21 renumbered as 22 by PR743441 ppc 11Jul22; varied by PR747391]
(a) Saturday work
(i) All work within the spread of ordinary hours on a Saturday will be paid at 125% of the minimum hourly rate.
(ii) Work performed on a Saturday outside the spread of ordinary hours will be paid at the relevant overtime rate in clause 20—Overtime.
(b) Sunday work
(i) All work performed on a Sunday must be paid at 200% of the minimum hourly rate.
(ii) An employee working on a Sunday is entitled to a minimum payment of 4 hours at penalty rates provided they are available to work for 4 hours.
(i) All work on a public holiday or substituted day must be paid at 250% of the minimum hourly rate.
[22.1(c)(iii) substituted by PR747391 ppc 14Nov22]
(iii) Where both a public holiday and a substitute day or part-day are worked, public holiday penalty rates are payable for only one of those days or part-days to be selected by the employee.
[22.1(c)(iv) inserted by PR747391 ppc 14Nov22]
(iv) 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 22.1(c)(ii).
22.2 The penalty rates in clause 22 and in clause 20—Overtime are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.
NOTE: See Schedule D—Summary of Hourly Rates of Pay—General Staff for a summary of hourly rates of pay, including overtime and penalty rates.
Part 6—Leave and Public Holidays
[22 renumbered as 23 by PR743441 ppc 11Jul22; 23 varied by PR751091]
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).
23.1 Annual leave is provided for in the NES.
23.2 Clause 23 supplements or deals with matters incidental to the NES provisions. Specific provisions dealing with annual leave for sessional employees can also be found in clause 12.1(c).
23.3 Payment of annual leave
During a period of annual leave an employee will receive a loading calculated on the rate of pay prescribed in clause 16—Minimum rates. Annual leave loading is payable on leave accrued on the following bases:
(a) employees who would have worked on day work only had they not been on leave—17.5% of their minimum rate of pay; or
(b) employees who would have worked on shiftwork had they not been on leave—a loading of 17.5% of their minimum rate of pay or the shift loading, whichever is the greater.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 23.4 is set out at Schedule H—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 23.4 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
23.5 Direction to take annual leave during shutdown
[23.5 renamed and substituted by PR751091 ppc 01May23]
(a) Clause 23.5 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 23.5(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 23.5(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 23.5(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 23.5(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 23.4.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 23.4, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 23.7 to 23.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 23.5.
23.6 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.6.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.6.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 23.6 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 23.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 23.6 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 23.6.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.6.
NOTE 3: An example of the type of agreement required by clause 23.6 is set out at Schedule I—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Cash Out Annual Leave.
23.7 Excessive leave accruals: general provision
NOTE: Clauses 23.7 to 23.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(c) Clause 23.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 23.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
23.8 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 23.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 23.8(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.7, 23.8 or 23.9 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 23.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 23.8(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 23.8(d) may result in the direction ceasing to have effect. See clause 23.8(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
23.9 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 23.9(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 23.8(a) that, when any other paid annual leave arrangements (whether made under clause 23.7, 23.8 or 23.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 23.9(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.7, 23.8 or 23.9 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 23.9(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 23.9(a).
24. Personal/carer’s leave and compassionate leave
[23 renumbered as 24 by PR743441 ppc 11Jul22]
Personal/carer’s leave and compassionate leave are provided for in the NES.
[24 renumbered as 25 by PR743441 ppc 11Jul22; varied by PR763280]
25.1 Parental leave and related entitlements are provided for in the NES.
[Note inserted by PR763280 ppc 01Aug23]
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 31—Dispute resolution and/or under section 76B of the Act.
25.2 The NES is supplemented by maintaining an entitlement to payment, in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award who were entitled to payment for maternity leave, adoption leave or paternity leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth);
(a) that applied to the employee or would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) applied to the employee; and
(b) that would have entitled the employee to paid maternity leave, adoption leave or paternity leave.
[25 renumbered as 26 by PR743441 ppc 11Jul22]
Community service leave is provided for in the NES.
27. Family and domestic violence leave
[26 renumbered as 27 by PR743441 ppc 11Jul22; 27—Unpaid family and domestic violence leave renamed and substituted by PR750460 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[27 renumbered as 28 by PR743441 ppc 11Jul22; varied by PR747391]
28.1 Public holidays are provided for in the NES.
28.2 Substitution of public holidays by agreement
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[28.3 deleted by PR747391 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
29. Consultation about major workplace change
[28 renumbered as 29 by PR743441 ppc 11Jul22]
29.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
29.2 For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
29.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).
29.5 In clause 29 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.
30. Consultation about changes to rosters or hours of work
[29 renumbered as 30 by PR743441 ppc 11Jul22]
30.1 Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
30.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
30.4 The employer must consider any views given under clause 30.3(b).
30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[30 renumbered as 31 by PR743441 ppc 11Jul22; varied by PR763280]
31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.
31.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
31.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
31.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.
31.8 While procedures are being followed under clause 31 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
31.9 Clause 31.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763280 ppc 01Aug23]
NOTE 1: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763280 ppc 01Aug23]
NOTE 2: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8—Termination of Employment and Redundancy
[31 renumbered as 32 by PR743441 ppc 11Jul22]
NOTE 1: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
NOTE 2: Clause 32.1 provides industry specific detail and supplements the NES provisions that deal with termination of employment.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
32.2 Notice of termination—teaching staff member
(a) The employment of a teaching staff member (other than a casual employee) will not be terminated without at least 4 weeks’ notice (inclusive of the notice required under the NES) or the payment of 4 weeks’ salary instead of notice.
(b) Where a course, previously scheduled, is cancelled because of the failure of students to attend, or to notify the employer that they would not be attending, or because the employer is otherwise made aware that the course will be undersubscribed and therefore have to be cancelled, and the employer cannot give 4 weeks’ notice of termination of a teaching staff member, notice of at least 2 weeks will be given provided that the minimum notice period required by the NES must be given.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 32.3 is to be taken at times that are convenient to the employee after consultation with the employer.
[32 renumbered as 33 by PR743441 ppc 11Jul22]
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3, the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.3.
Schedule A—Classifications—Academic Teachers
A.1 A full-time or part-time academic teacher will be paid according to the salary scale set out in clause 16.1(a), and will be eligible for movement to the next salary point within the academic level as set out in the rates of pay as follows:
(a) at the conclusion of each 12 month period, following the date of entry into an academic level as set out in the classification structure or the subsequent anniversary date; and
(b) following a staff development/performance review.
A.2 Movement to the next salary point within the academic level will only occur when the employee has, over the preceding 12 months:
(a) acquired and utilised additional skills, experience and knowledge within the ambit of the appropriate academic level, as set out in the classification standard and in accord with the priorities of the employer; and
(b) demonstrated satisfactory performance against the appropriate academic level.
A.3 Movement to the next salary point will be effective from the anniversary date. In cases where a staff development/performance review is delayed, the anniversary date will not be changed and any increase in salary will be paid retrospectively to the anniversary date unless the delay is related to the acquisition of new skills and greater responsibility in which case the date of acquisition will be the effective date.
A.4 Where an employee has been absent for in excess of 3 months in aggregate during the 12 month period the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.
A.5 An academic staff development/performance review will be conducted annually. It will normally be conducted by the relevant supervisor and will be confidential. The aims of the review will include:
(a) assessment of performance and the acquisition of skills over the preceding 12 months against objective criteria within the relevant academic level in the classification standards including:
(i) undergraduate and postgraduate teaching as allocated by the supervisor in accordance with the organisational unit’s priorities;
(ii) other undergraduate and postgraduate teaching as undertaken for the institution;
(iii) contributions to scholarly research, creative and/or professional activities appropriate to the staff member’s profession or discipline;
(iv) participation in the administration of the institution and/or provision of leadership and the undertaking of senior administration activities as allocated by the institution; and
(v) contribution to professional activities relevant to the profession, discipline and/or community; and
(b) identification of the development and training needs of the academic teacher in order to:
(i) enable the acquisition and use of new skills, experience and knowledge in accordance with the priorities of the organisational unit and/or the institution;
(ii) identify performance objectives; and
(iii) ensure continued satisfactory performance within the ambit of the academic level.
A.6 The minimum salary paid to academic teachers employed on a casual basis to deliver lectures or tutorials will be the rates set out in clause 16.1(b), those rates are derived from 3 base rates calculated using the following formulae:
(a) Lecturing—the base rate applicable to lecturing is determined by reference to the second step of the full-time Level B scale.
(b) Duties involving possession of a relevant doctoral qualification—this is determined by reference to the 6th step of the full-time Level A scale.
(c) Tutoring—the base rate applicable to tutoring is determined by reference to the second step of the full-time Level A scale.
A.7 Classification descriptors
Academic teachers (other than casual academic teachers) will be classified into one of the following levels on the basis of which of the following descriptors most accurately describes the duties they undertake and their academic standing and experience.
A.7.1 Level A
(a) A Level A academic teacher will work with support and guidance from more senior academic staff and is expected to develop their expertise in teaching and research with an increasing degree of autonomy. A Level A academic teacher will normally have completed 4 years of tertiary study or equivalent qualifications and experience and may be required to hold a relevant higher degree.
(b) A Level A academic teacher will normally contribute to the teaching work of the employer at an undergraduate degree or graduate diploma level. Administration will generally be limited to the administration of the relevant unit or units of teaching they are engaged to teach.
(c) An employee holding a relevant doctorate or responsible for the co-ordination of a subject or unit, will not be paid less than the 6th step of Level A.
A.7.2 Level B
(a) A Level B academic teacher will undertake independent teaching and research in their discipline or related area. A Level B academic teacher will make an independent contribution through professional practice and expertise to the teaching effort of the employer, and may co-ordinate and/or lead the activities of other staff, as appropriate to the discipline.
(b) A Level B academic teacher may be required to teach at any level, on the basis of an established record of independent scholarship, research and/or professional activities appropriate to their profession or discipline. They may undertake administration relating to their discipline and may be required to perform the full academic responsibilities of and related administration for the co-ordination of an award program of the institution.
A.7.3 Level C
A Level C academic teacher will play a major role or provide a significant degree of leadership in activities relevant to the profession, discipline and/or community and may be required to perform the full academic responsibilities of and related administration for the co-ordination of a large award program or a number of smaller award programs of the institution.
Schedule B—Classifications—Teachers and Tutor/Instructors
B.1 Teachers and tutor/instructors will be paid according to the salary scale set out in clause 16.1(c).
B.1.1 On appointment a teacher will be placed on a salary level commensurate with the minimum salary for their qualifications and experience as determined by this schedule. The progress for a teacher classified as Category A, B, C, or D will be as follows:
(a) Category A commences at Level 4 and progresses to a maximum of Level 12.
(b) Category B commences at Level 3 and progresses to a maximum of Level 12.
(c) Category C commences at Level 2 and progresses to a maximum of Level 12.
(d) Category D commences at Level 1 and progresses to a maximum of Level 9.
Provided that a Category D employee who achieves Level 9 may be promoted beyond that level where that employee can demonstrate that they are able to carry on the full duties of a Category A, B, or C teacher.
B.1.2 If an employer does not accept (fully or in part) the qualifications or experience of a teacher, the employer will advise the teacher in writing what qualifications or experience are not accepted or the extent to which they are not accepted.
B.1.3 Subject to the continuing satisfactory conduct, diligence and performance of a teacher and the acquisition and utilisation of skills and knowledge through experience, progression from one salary level to the next will occur on the completion of a year of full-time experience or equivalent part-time experience.
B.1.4 Where the employer considers that the conduct, diligence or performance of a teacher is not satisfactory or the teacher has not acquired and utilised increased skills and knowledge which could reasonably be expected to be acquired and utilised and for that reason considers that progress to the next salary level is not warranted, a formal review will be undertaken by the employer prior to the date when the increment is due.
B.1.5 When a teacher achieves the further experience or qualifications which entitle the teacher to an increase in salary the increase will be calculated on and from the first pay period after the results of the course are announced or the experience is gained.
B.2 Teachers employed in English language colleges or in TESOL courses
B.2.1 Based on an assessment of a teacher’s qualifications, a teacher will be classified in one of the following categories:
(a) Category A—a teacher having a degree and diploma of education or equivalent and either a diploma in TESOL (e.g. Dip SRA, Grad Dip TESOL); or a postgraduate diploma in applied linguistics, languages other than English (LOTE), or multicultural education.
(b) Category B—a teacher having a degree and diploma of education or equivalent plus a recognised TESOL certificate; or a degree and diploma including LOTE/TESOL method.
(c) Category C—a teacher with a degree/diploma (3 year minimum) plus a recognised TESOL certificate; or a degree/diploma (3 year minimum) including LOTE/TESOL method.
(d) Category D—other qualifications not provided for above and/or expected to acquire TESOL qualifications.
B.2.2 The following experience will be recognised as relevant experience:
(a) full-time TESOL teaching to adults or secondary students in schools or equivalent in Australia to classes of not less than 5 students;
(b) other full-time teaching, including in other languages, credited at the rate of one year of experience for each 2 years of such teaching, to a maximum of 3 years;
(c) part-time experience will be recognised on a pro rata basis; and
(d) where the teacher has worked for less than a full year, they will be accredited with experience in the proportion that the weeks worked over the 12 month period bears to the number of weeks normally required of a full-time teacher at the same institution.
B.2.3 Experience as a casual teacher teaching TESOL to adults or secondary students will be credited on the basis of the number of hours taught compared to the number of days or hours normally required of a full-time teacher at the same institution. Provided that for every 110 days during which a casual teacher is engaged they will be deemed to have not less than 6 months’ service.
B.3 Teachers other than TESOL teachers
B.3.1 A teacher other than a TESOL teacher will be classified in accordance with the following:
(a) Category A—a teacher with a 5 year degree or equivalent at university level in a field relevant to the teaching area.
(b) Category B—a teacher with a 4 year degree or equivalent at university level in a field relevant to the teaching area.
(c) Category C—a teacher with a 3 year degree or equivalent at university level in a field relevant to the teaching area.
(d) Category D—any other teacher, including a Vocational Education and Training (VET) tutor who has the qualifications required by the accredited curriculum or training package and who delivers and/or assesses nationally recognised competency based training which may result in a qualification or Statement of Attainment under the Australian Recognition Framework (ARF).
B.3.2 For the purpose of this schedule experience will mean full-time adult teaching experience or equivalent part-time or casual experience.
B.3.3 Casual experience will be credited on the basis that 800 face-to-face teaching hours is equivalent to one year of full-time experience.
B.4 Tutor/instructors
B.4.1 A Tutor/instructor will be classified in accordance with the following:
(a) Tutor/instructor Level 1 is a person with appropriate subject knowledge and skills as determined by the employer. A Tutor/instructor Level 1 will commence at Level 1 and may progress to a maximum of Level 3.
(b) Tutor/instructor Level 2 is a person with appropriate subject knowledge and skills as determined by the employer and who has the minimum qualification of Certificate IV in Training and Assessment (TAA40104) or equivalent. A tutor/instructor Level 2 will commence at Level 2 and may progress to a maximum of Level 7.
B.4.2 For the purpose of this Schedule experience will mean full-time adult teaching experience or equivalent part-time or casual experience.
B.4.3 Casual experience will be credited on the basis that 800 face-to-face teaching hours is equivalent to one year of full-time experience.
B.5 Movement between pay points
B.5.1 An employee will be eligible for movement to the next pay point within the classification structure after each 12 month period, following a performance review which the employer will complete before the end of the 12 month period.
B.5.2 Where an employee has been absent for in excess of 3 months, in aggregate, during the 12 month period the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.
B.5.3 Where, due to the employer’s operational requirements, a performance review is not completed before the end of the 12 month period any resultant increase will take effect from the day on which the next 12 month period commenced.
(a) acquired and utilised additional skills, experience and competencies within the ambit of the classification level and in accordance with the priorities of the employer; and
(b) demonstrated satisfactory performance.
B.5.5 If the requirements in clause B.5.4 are not met at the conclusion of the 12 month period the employee will not progress to the next pay point until such time as the requirements are met.
Schedule C—Classifications—General Staff
C.1 Classification Definitions
C.1.1 Definition 1: Supervision
(a) Close supervision
Clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviation from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked.
(b) Routine supervision
Direction is provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures. Guidance on the approach to non-standard circumstances is provided by a supervisor.
Checking is selective rather than constant.
(c) General direction
Direction is provided on the assignments to be undertaken, with the employee determining the appropriate use of established methods, tasks and sequences.
There is some scope to determine an approach in the absence of established procedures or detailed instructions, but guidance is readily available.
Performance is checked by assignment completion.
(d) Broad direction
Direction is provided in terms of objectives which may require the planning of staff, time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the employee may be required. Performance will be measured against objectives.
C.1.2 Definition 2: Qualifications
Within the Australian Qualifications Framework:
(a) Year 12
Completion of a senior secondary certificate of education, usually in Year 12 of secondary school.
(b) Trade certificate
Completion of an apprenticeship, normally of 4 years duration, or equivalent recognition, e.g. Certificate III.
(c) Post-trade certificate
A course of study over and above a trade certificate and less than a Certificate IV.
(d) Certificates I and II
Courses that recognise basic vocational skills and knowledge, without a Year 12 prerequisite.
(e) Certificate III
A course that provides a range of well-developed skills and is comparable to a trade certificate.
(f) Certificate IV
A course that provides greater breadth and depth of skill and knowledge and is comparable to a 2 year part-time post-Year 12 or post-trade certificate course.
(g) Diploma
A course at a higher education or vocational educational and training institution, typically equivalent to 2 years’ full-time post-Year 12 study.
(h) Advanced diploma
A course at a higher education or vocational educational and training institution, typically equivalent to 3 years’ full-time post-Year 12 study.
(i) Degree
A recognised degree from a higher education institution, often completed in 3 or 4 years, and sometimes combined with a one year diploma.
(j) Postgraduate degree
A recognised postgraduate degree, over and above a degree as defined above.
NOTE: Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications.
C.1.3 Definition 3: Classification dimensions
(a) Training level
The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and knowledge through formal education, on-the-job instruction or exposure to procedures.
(b) Occupational equivalent
Examples of occupations typically falling within each classification level.
(c) Level of supervision
This dimension covers both the way in which employees are supervised or managed and the role of employees in supervising or managing others.
(d) Task level
The type, complexity and responsibility of tasks typically performed by employees within each classification level.
(e) Organisational knowledge
The level of knowledge and awareness of the organisation, its structure and functions that would be expected of employees at each proposed classification level and the purposes to which that organisational knowledge may be put.
(f) Judgment, independence and problem solving
Judgment is the ability to make sound decisions, recognising the consequences of decisions taken or actions performed. Independence is the extent to which an employee is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of action are available.
This dimension looks at how much of each of these 3 qualities applies at each classification level.
(g) Typical activities
Examples of activities typically undertaken by employees in different occupations at each of the classification levels.
C.1.4 General Staff Level 1
(a) Training level or qualifications
Employees at the base of this level would not be required to have formal qualifications or work experience upon engagement.
Persons advancing through this level may typically perform duties which require a skill level which assumes and requires:
(i) knowledge, training or experience relevant to the duties to be performed;
(ii) completion of Year 12 without work experience;
(iii) completion of Certificates I or II with work related experience; or
(iv) an equivalent combination of experience and training.
(b) Occupational equivalent
Labourer, security officer, administrative assistant, trainee for Level 2 duties.
(c) Level of supervision
Close supervision or, in the case of more experienced employees working alone, routine supervision.
(d) Task level
Straightforward administrative or manual duties, or elements of Level 2 duties under close supervision and structured on-the-job training. May be required to operate certain office or building equipment. Some knowledge of materials, e.g. cleaning chemicals may be required. With training and experience is able to perform a range of straightforward tasks where procedures are clearly established.
(e) Organisational knowledge
Will provide straightforward information to others on building or service locations. With training may provide general information and assistance to members of the public, students and other employees based on a broad knowledge of the employee’s work area/responsibilities including knowledge of the functions, locations and availability of particular personnel and services.
(f) Judgment, independence and problem solving
Resolve problems where alternatives for the employee are limited and the required action is clear or can be readily referred to higher levels.
Employees advancing through this level will be able to solve relatively simple problems with reference to established techniques and practices and be able to choose between a range of straightforward alternatives.
An employee after 12 months or 2 years at this level should be able to perform a combination of various routine tasks and rearrange work sequences within the parameters of prearranged work priorities.
(g) Typical activities
Perform a range of manual duties.
In administrative positions, perform routine clerical and office functions which may include duties involving the inward and outward movement of mail, keeping, copying, maintaining and retrieving records, straightforward data entry and retrieval.
Security officers may be involved in a range of patrol duties, including responding to alarms, following emergency procedures and preparing incident reports.
C.1.5 General Staff Level 2
(a) Training level or qualifications
Level 2 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative, trades or technical functions equivalent to:
(i) completion of a trades certificate or Certificate III;
(ii) completion of Year 12 or a Certificate II with relevant work experience; or
(iii) an equivalent combination of relevant experience and/or education/training.
Persons advancing through this level may typically perform duties which require further on-the-job training or knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma.
(b) Occupational equivalent
Technical assistant/technical trainee, administrative assistant.
(c) Level of supervision
In technical positions, routine supervision, moving to general direction with experience. In other positions, general direction. This is the first level where supervision of other employees may be required.
(d) Task level
Task level will require some complexity. Apply body of knowledge equivalent to trade certificate or Certificate III, including diagnostic skills and assessment of the best approach to a given task.
(e) Organisational knowledge
Perform tasks/assignments which require knowledge of the work area processes and an understanding of how they interact with other related areas and processes.
(f) Judgment, independence and problem solving
Exercise judgment on work methods and task sequences within specified timelines and standard practices and procedures.
(g) Typical activities
(i) In technical assistant positions:
· assist a technical officer in operating a laboratory, including ordering supplies;
· assist in setting up routine experiments;
· monitor experiments for report to a technical officer;
· assist with the preparation of specimens; and
· assist with the feeding and care of animals.
Employees would be expected to perform a greater range and complexity of tasks as they progressed through the level and obtained further training.
(ii) In administrative positions perform a range of administrative support tasks including:
· standard use of a range of desktop based programs, e.g. word processing, established spreadsheet or database applications, and management information systems (e.g. financial, student or human resource systems). This may include store and retrieve documents, key and lay out correspondence and reports, merge, move and copy, use of columns, tables and basic graphics;
· to provide general administrative support to other employees including setting up meetings, answering straightforward inquiries and directing others to the appropriate personnel; and
· to process accounts for payment.
C.1.6 General Staff Level 3
(a) Training level or qualifications
Level 3 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) completion of a diploma level qualification with relevant work related experience;
(ii) completion of a Certificate IV with relevant work experience;
(iii) completion of a post-trades certificate and extensive relevant experience and on-the-job training;
(iv) completion of a Certificate III with extensive relevant work experience; or
(v) an equivalent combination of relevant experience and/or education/training.
(b) Occupational equivalent
Technical officer or technician, administrative above Level 2.
(c) Level of supervision
In technical positions, routine supervision to general direction depending upon experience and the complexity of the tasks. In other positions, general direction. May supervise or co-ordinate others to achieve objectives, including liaising with employees at higher levels. May undertake stand-alone work.
(d) Task level
May undertake limited creative, planning or design functions. Apply skills to a varied range of different tasks.
(e) Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s rules, regulations, processes and techniques and how they interact with other related functions.
(f) Judgment, independence and problem solving
(i) In technical positions, apply theoretical knowledge and techniques to a range of procedures and tasks.
(ii) In administrative positions, provide factual advice which requires proficiency in the work area’s rules and regulations, procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.
(g) Typical activities
(i) In technical positions:
· develop new equipment to criteria developed and specified by others;
· under routine direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations; and/or
· demonstrate the use of equipment and prepare reports of a technical nature as directed.
(ii) In library technician positions:
· undertake copy cataloguing;
· use a range of bibliographic databases;
· undertake acquisitions; and/or
· respond to reference inquiries.
(iii) In administrative positions:
· may use a full range of desktop based programs, including word processing packages, mathematical formulae and symbols, manipulation of text and layout in desktop publishing and/or web software and management information systems;
· plan and set up spreadsheets or database applications;
· be responsible for providing a full range of secretarial services;
· may be responsible for accounting transactions and the production of reports;
· provide advice to students on enrolment procedures and requirements; and/or
· administer enrolment and course progression records.
C.1.7 General Staff Level 4
(a) Training level or qualifications
Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) completion of a degree without subsequent relevant work experience;
(ii) completion of an advanced diploma qualification and at least one year’s subsequent relevant work experience;
(iii) completion of a diploma qualification and at least 2 years’ subsequent relevant work experience;
(iv) completion of a Certificate IV and extensive relevant work experience;
(v) completion of a post-trade certificate and extensive (typically more than 2 years) relevant experience as a technician; or
(vi) an equivalent combination of relevant experience and/or education/training.
(b) Occupational equivalent
Graduate (i.e. degree) or professional, without subsequent work experience on entry (including inexperienced computer systems officer). Administrator with responsibility for advice and determinations. Experienced technical officer.
(c) Level of supervision
In professional positions, routine supervision to general direction, depending on tasks involved and experience. In other positions, general direction and may supervise other staff.
(d) Task level
Apply body of broad technical knowledge and experience at a more advanced level than Level 3, including the development of areas of specialist expertise. In professional positions, apply theoretical knowledge, at degree level, in a straightforward way. In administrative positions, provide interpretation, advice and decisions on rules and entitlements.
(e) Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s rules, regulations, policies, procedures, systems, processes and techniques, and how they interact with other related functions, in order to assist in their adaptation to achieve objectives, and advise, assist and influence others.
(f) Judgment, independence and problem solving
In professional positions, solve problems through the standard application of theoretical principles and techniques at degree level. In technical positions, apply standard technical training and experience to solve problems. In administrative positions, may apply expertise in a particular set of rules or regulations to make decisions, or be responsible for co-ordinating a team to provide an administrative service.
(g) Typical activities
(i) In technical positions:
· develop new equipment to general specifications;
· under general direction, assist in the conduct of major experiments and research programs and/or in setting up complex or unusual equipment for a range of experiments and demonstrations;
· under broad direction, set up, monitor and demonstrate standard experiments and equipment use; and/or
· prepare reports of a technical nature.
(ii) In library technician positions:
· perform at a higher level than Level 3;
· assist with reader education programs and more complex bibliographic and acquisition services; and/or
· operate a discrete unit within a library which may involve significant supervision or be the senior employee in an out-posted service.
(iii) In administrative positions:
· responsible for the explanation and administration of an administrative function, e.g. student fees or HECS advice, records, determinations and payments, a centralised enrolment function, the organisation and administration of exams at a small campus;
· provide reports to management in account/financial, staffing, legislative requirements and other institutional activities; and/or
· administer salary and payroll requirements of the organisation.
(iv) In professional positions and under professional supervision:
· provide a range of library services including bibliographic assistance, original cataloguing and reader education in library and reference services; and/or
· provide counselling services.
C.1.8 General Staff Level 5
(a) Training level or qualifications
Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) a degree with subsequent relevant experience;
(ii) extensive experience and specialist expertise or broad knowledge in technical or administrative fields; or
(iii) an equivalent combination of relevant experience and/or education/training.
(b) Occupational equivalent
Graduate or professional with subsequent relevant work experience (including a computer systems officer with some experience), line manager, experienced technical specialist and/or technical supervisor.
(c) Level of supervision
In professional positions, general direction; in other positions, broad direction. May have extensive supervisory and line management responsibility for technical, administrative and other non-professional employees.
(d) Task level
Perform work assignments guided by policy, precedent, professional standards and managerial or technical expertise. Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas, have a depth or breadth of expertise developed through extensive relevant experience and application.
(e) Organisational knowledge
Perform tasks/assignments which require proficiency in the work area’s existing rules, regulations, policies, procedures, systems, processes and techniques and how they interact with other related functions, and to adapt those procedures and techniques as required to achieve objectives without impacting on other areas.
(f) Judgment, independence and problem solving
Discretion to innovate within own function and take responsibility for outcomes, design, develop and test complex equipment, systems and procedures, undertake planning involving resources use and develop proposals for resource allocation, exercise high level diagnostic skills on sophisticated equipment or systems, analyse and report on data and experiments.
(g) Typical activities
(i) In technical positions:
· manage a teaching or research laboratory or a field station;
· provide highly specialised technical services;
· set up complex experiments;
· design and construct complex or unusual equipment to general specifications;
· assist honours and postgraduate students with their laboratory requirements; and/or
· install, repair, provide and demonstrate computer services in laboratories.
(ii) In administrative positions:
· provide financial, policy and planning advice;
· service a range of administrative and academic committees, including preparation of agendas, papers, minutes and correspondence; and/or
· monitor expenditure against budget.
(iii) In professional positions:
· provide a range of library services, including bibliographic assistance, original cataloguing and reader education in library and reference services;
· provide counselling services;
· undertake a range of computer programming tasks;
· provide documentation and assistance to computer users; and/or
· analyse less complex user and system requirements.
C.1.9 General Staff Level 6
(a) Training level or qualifications
Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) a degree with at least 4 years’ subsequent relevant experience;
(ii) extensive experience and management expertise in technical or administrative fields; or
(iii) an equivalent combination of relevant experience and/or education/training.
(b) Occupational equivalent
Senior librarian, technical manager, professional or scientific officer, senior administrator in a small organisation.
(c) Level of supervision
Broad direction. May manage other employees including administrative, technical and/or professional employees.
(d) Task level
Independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions, may be a recognised authority in a specialised area.
(e) Organisational knowledge
Detailed knowledge of academic and administrative policies and the interrelationships between a range of policies and activities.
(f) Judgment, independence and problem solving
Independently relate existing policy to work assignments, rethink the way a specific body of knowledge is applied in order to solve problems, adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may involve stand-alone work or the supervision of employees in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area.
(g) Typical activities
(i) In a library, combine specialist expertise and responsibilities for managing a library function.
(ii) In student services, the training and supervision of other professional employees combined with policy development responsibilities which may include professional development activities contributing to the profession and publication.
(iii) In technical manager positions, the management of teaching and scientific facilities.
(iv) In administrative positions, provide senior administrative support to a small organisation, or manage a functional unit with some complexity in a larger organisation.
C.1.10 General Staff Level 7
(a) Training level or qualifications
Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience;
(ii) extensive experience and management expertise; or
(iii) an equivalent combination of relevant experience and/or education/training.
(b) Occupational equivalent
Manager (including administrative, professional or scientific), senior administrator in a medium sized organisation.
(c) Level of supervision
Broad direction, working with a degree of autonomy. May have management responsibility for a functional area and/or manage other employees including administrative, technical and/or professional employees.
(d) Task level
Work at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments, or may involve the integration of other specific bodies of knowledge.
(e) Organisational knowledge
The employees will be expected to make policy recommendations to others and to implement programs involving major change which may impact on other areas of the institution’s operations.
(f) Judgment, independence and problem solving
Responsible for program development and implementation. Provide strategic support and advice requiring integration of a range of organisational policies and external requirements, and an ability to achieve objectives operating within complex organisation structures.
(g) Typical activities
(i) Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.
(ii) Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity.
(iii) Manage a small or specialised unit where significant innovation, initiative and/or judgment are required.
(iv) Provide senior administrative support to organisations of medium complexity, taking into account the size, budget, course structure, external activities and management practices.
C.1.11 General Staff Level 8
(a) Training level or qualifications
Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) postgraduate qualifications and extensive relevant experience; or
(ii) extensive management experience and proven management expertise; or
(iii) an equivalent combination of relevant experience and/or education/training.
(b) Occupational equivalent
Manager (including administrative, professional or scientific), senior administrator in a more complex organisation.
(c) Level of supervision
Broad direction, working with a considerable degree of autonomy. Will have management responsibility for a major functional area and/or manage other employees including administrative, technical and/or professional employees.
(d) Task level
Demonstrated capacity to conceptualise, develop and review major professional, management or administrative policies at the corporate level. Significant high level creative, planning and management functions. Responsibility for significant resources.
(e) Organisational knowledge
Conceptualise, develop and review major policies, objectives and strategies involving high level liaison with internal and external client areas. Responsible for programs involving major change which may impact on other areas of the institution’s operations.
(f) Judgment, independence and problem solving
Responsible for significant program development and implementation. Provide strategic support and advice (e.g. to schools or faculties or at the corporate level) requiring integration of a range of internal and external policies and demands, and an ability to achieve broad objectives while operating within complex organisational structures.
(g) Typical activities
(i) Assist in the management of a large functional unit with a diverse or complex set of functions and significant resources.
(ii) Manage a function or development and implementation of a policy requiring a high degree of knowledge and sensitivity and the integration of internal and external requirements.
(iii) Manage a small and specialised unit where significant innovation, initiative and/or judgment are required.
(iv) Provide senior administrative support to the more complex organisations, taking into account the size, budget, course structure, external activities and management practices.
C.1.12 General Staff Level 9
(a) Training level or qualifications
Level 9 duties typically require a skill level which assumes and requires knowledge or training equivalent to:
(i) proven expertise in the management of significant human and material resources; and
(ii) in some areas postgraduate qualifications and extensive relevant experience.
(b) Occupational equivalent
Senior program manager or administrative manager.
(c) Level of supervision
Broad direction, operating with a high overall degree of autonomy. Will have substantial management responsibility for diverse activities and/or employees (including administrative, technical and/or professional employees).
(d) Task level
Complex, significant and high level creative planning, program and managerial functions with clear accountability for program performance. Comprehensive knowledge of related programs. Generate and use a high level of theoretical and applied knowledge.
(e) Organisational knowledge
Bring a multi-perspective understanding to the development, carriage, marketing and implementation of new policies; devise new ways of adapting the organisation’s strategies to new, including externally generated, demands.
(f) Judgment, independence and problem solving
Be fully responsible for the achievement of significant organisational objectives and programs.
(g) Typical activities
(i) Manage a large functional unit with a diverse or complex set of functions and significant resources.
(ii) Manage a more complex function or unit where significant innovation, initiative and/or judgment are required.
(iii) Provide senior administrative support to the most complex and larger organisations involving complex course structures, significant staff and financial resources, outside activities and extensive devolution of administrative, policy and financial management responsibilities to this position.
C.2 Movement between pay points
C.2.1 Where there is more than one pay point for a classification level an employee will be eligible for movement to the next pay point within the classification level after each 12 month period, following a performance review that the employer will complete before the end of the 12 month period.
C.2.2 Where an employee has been absent for in excess of 3 months in aggregate during the 12 month period, the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.
C.2.3 Where, due to the employer’s operational requirements, a performance review is not completed before the end of the 12 month period any resultant increase will take effect from the day on which the next 12 month period commenced.
(a) acquired and utilised additional skills, experience and competencies within the ambit of the classification level and in accord with the priorities of the employer; and
(b) demonstrated satisfactory performance against the relevant position classification descriptors.
C.2.5 If the requirements in clause C.2 are not met at the conclusion of the 12 month period the employee will not progress to the next pay point within the classification level until such time as the requirements are met.
Schedule D—Summary of Hourly Rates of Pay—General Staff
[Varied by PR718893, PR729334, PR740759, PR762184]
D.1 Full-time and part-time adult employees
D.1.1 Full-time and part-time employees other than shiftworkers—general staff—ordinary and penalty rates
[D.1.1 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
|
Ordinary hours |
Saturday |
Public holiday |
|
|
% of minimum hourly rate |
||
|
|
100% |
125% |
250% |
|
|
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
1.1 |
23.97 |
29.96 |
59.93 |
|
1.2 |
25.11 |
31.39 |
62.78 |
|
1.3 |
25.88 |
32.35 |
64.70 |
|
Level 2 |
|
|
|
|
2.1 |
26.20 |
32.75 |
65.50 |
|
2.2 |
26.67 |
33.34 |
66.68 |
|
Level 3 |
|
|
|
|
3.1 |
27.66 |
34.58 |
69.15 |
|
3.2 |
29.04 |
36.30 |
72.60 |
|
Level 4 |
|
|
|
|
4.1 |
29.83 |
37.29 |
74.58 |
|
4.2 |
31.01 |
38.76 |
77.53 |
|
Level 5 |
|
|
|
|
5.1 |
33.11 |
41.39 |
82.78 |
|
5.2 |
34.68 |
43.35 |
86.70 |
|
Level 6 |
|
|
|
|
6.1 |
35.54 |
44.43 |
88.85 |
|
6.2 |
37.64 |
47.05 |
94.10 |
|
Level 7 |
|
|
|
|
7.1 |
38.51 |
48.14 |
96.28 |
|
7.2 |
40.80 |
51.00 |
102.00 |
|
Level 8 |
43.36 |
54.20 |
108.40 |
|
Level 9 |
45.85 |
57.31 |
114.63 |
D.1.2 Full-time and part-time employees other than shiftworkers—general staff—overtime rates
[D.1.2 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
|
Monday to Saturday |
Sunday |
Public holiday |
|
|
|
First 2 hours |
After 2 hours |
|
|
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
1.1 |
35.96 |
47.94 |
47.94 |
59.93 |
|
1.2 |
37.67 |
50.22 |
50.22 |
62.78 |
|
1.3 |
38.82 |
51.76 |
51.76 |
64.70 |
|
Level 2 |
|
|
|
|
|
2.1 |
39.30 |
52.40 |
52.40 |
65.50 |
|
2.2 |
40.01 |
53.34 |
53.34 |
66.68 |
|
Level 3 |
|
|
|
|
|
3.1 |
41.49 |
55.32 |
55.32 |
69.15 |
|
3.2 |
43.56 |
58.08 |
58.08 |
72.60 |
|
Level 4 |
|
|
|
|
|
4.1 |
44.75 |
59.66 |
59.66 |
74.58 |
|
4.2 |
46.52 |
62.02 |
62.02 |
77.53 |
|
Level 5 |
|
|
|
|
|
5.1 |
49.67 |
66.22 |
66.22 |
82.78 |
|
5.2 |
52.02 |
69.36 |
69.36 |
86.70 |
|
Level 6 |
|
|
|
|
|
6.1 |
53.31 |
71.08 |
71.08 |
88.85 |
|
6.2 |
56.46 |
75.28 |
75.28 |
94.10 |
|
Level 7 |
|
|
|
|
|
7.1 |
57.77 |
77.02 |
77.02 |
96.28 |
|
7.2 |
61.20 |
81.60 |
81.60 |
102.00 |
|
Level 81 |
– |
– |
– |
– |
|
Level 91 |
– |
– |
– |
– |
1 These classifications of employees are not entitled to payment for overtime (see clause 20.1).
D.1.3 Full-time and part-time shiftworkers—general staff—ordinary and penalty rates
[D.1.3 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
|
Ordinary hours |
Afternoon & night |
Permanent night |
Saturday, Sunday or public holiday |
|
|
% of minimum hourly rate |
|||
|
|
100% |
115% |
130% |
150% |
|
|
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
1.1 |
23.97 |
27.57 |
31.16 |
35.96 |
|
1.2 |
25.11 |
28.88 |
32.64 |
37.67 |
|
1.3 |
25.88 |
29.76 |
33.64 |
38.82 |
|
Level 2 |
|
|
|
|
|
2.1 |
26.20 |
30.13 |
34.06 |
39.30 |
|
2.2 |
26.67 |
30.67 |
34.67 |
40.01 |
|
Level 3 |
|
|
|
|
|
3.1 |
27.66 |
31.81 |
35.96 |
41.49 |
|
3.2 |
29.04 |
33.40 |
37.75 |
43.56 |
|
Level 4 |
|
|
|
|
|
4.1 |
29.83 |
34.30 |
38.78 |
44.75 |
|
4.2 |
31.01 |
35.66 |
40.31 |
46.52 |
|
Level 5 |
|
|
|
|
|
5.1 |
33.11 |
38.08 |
43.04 |
49.67 |
|
5.2 |
34.68 |
39.88 |
45.08 |
52.02 |
|
Level 6 |
|
|
|
|
|
6.1 |
35.54 |
40.87 |
46.20 |
53.31 |
|
6.2 |
37.64 |
43.29 |
48.93 |
56.46 |
|
Level 7 |
|
|
|
|
|
7.1 |
38.51 |
44.29 |
50.06 |
57.77 |
|
7.2 |
40.80 |
46.92 |
53.04 |
61.20 |
|
Level 8 |
43.36 |
49.86 |
56.37 |
65.04 |
|
Level 9 |
45.85 |
52.73 |
59.61 |
68.78 |
D.1.4 Full-time and part-time shiftworkers—general staff—overtime rates
[D.1.4 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
|
Monday to Friday |
Saturday, Sunday or public holiday |
|||
|
|
Work in excess of ordinary weekly hours |
Work in excess of ordinary daily hours on ordinary shift |
|||
|
|
First 3 hours |
After 3 hours |
First 2 hours |
After 2 hours |
|
|
|
% of minimum hourly rate |
||||
|
|
150% |
200% |
150% |
200% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
|
1.1 |
35.96 |
47.94 |
35.96 |
47.94 |
47.94 |
|
1.2 |
37.67 |
50.22 |
37.67 |
50.22 |
50.22 |
|
1.3 |
38.82 |
51.76 |
38.82 |
51.76 |
51.76 |
|
Level 2 |
|
|
|
|
|
|
2.1 |
39.30 |
52.40 |
39.30 |
52.40 |
52.40 |
|
2.2 |
40.01 |
53.34 |
40.01 |
53.34 |
53.34 |
|
Level 3 |
|
|
|
|
|
|
3.1 |
41.49 |
55.32 |
41.49 |
55.32 |
55.32 |
|
3.2 |
43.56 |
58.08 |
43.56 |
58.08 |
58.08 |
|
Level 4 |
|
|
|
|
|
|
4.1 |
44.75 |
59.66 |
44.75 |
59.66 |
59.66 |
|
4.2 |
46.52 |
62.02 |
46.52 |
62.02 |
62.02 |
|
Level 5 |
|
|
|
|
|
|
5.1 |
49.67 |
66.22 |
49.67 |
66.22 |
66.22 |
|
5.2 |
52.02 |
69.36 |
52.02 |
69.36 |
69.36 |
|
Level 6 |
|
|
|
|
|
|
6.1 |
53.31 |
71.08 |
53.31 |
71.08 |
71.08 |
|
6.2 |
56.46 |
75.28 |
56.46 |
75.28 |
75.28 |
|
Level 7 |
|
|
|
|
|
|
7.1 |
57.77 |
77.02 |
57.77 |
77.02 |
77.02 |
|
7.2 |
61.20 |
81.60 |
61.20 |
81.60 |
81.60 |
|
Level 81 |
– |
– |
– |
– |
– |
|
Level 91 |
– |
– |
– |
– |
– |
1 These classifications of employees are not entitled to payment for overtime (see clause 20.2).
D.2 Casual adult employees
D.2.1 Casual employees other than shiftworkers—general staff—ordinary and penalty rates
[D.2.1 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
|
Ordinary hours |
Saturday |
Public holiday |
|
|
% of minimum hourly rate |
||
|
|
125% |
150% |
275% |
|
|
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
1.1 |
29.96 |
35.96 |
65.92 |
|
1.2 |
31.39 |
37.67 |
69.05 |
|
1.3 |
32.35 |
38.82 |
71.17 |
|
Level 2 |
|
|
|
|
2.1 |
32.75 |
39.30 |
72.05 |
|
2.2 |
33.34 |
40.01 |
73.34 |
|
Level 3 |
|
|
|
|
3.1 |
34.58 |
41.49 |
76.07 |
|
3.2 |
36.30 |
43.56 |
79.86 |
|
Level 4 |
|
|
|
|
4.1 |
37.29 |
44.75 |
82.03 |
|
4.2 |
38.76 |
46.52 |
85.28 |
|
Level 5 |
|
|
|
|
5.1 |
41.39 |
49.67 |
91.05 |
|
5.2 |
43.35 |
52.02 |
95.37 |
|
Level 6 |
|
|
|
|
6.1 |
44.43 |
53.31 |
97.74 |
|
6.2 |
47.05 |
56.46 |
103.51 |
|
Level 7 |
|
|
|
|
7.1 |
48.14 |
57.77 |
105.90 |
|
7.2 |
51.00 |
61.20 |
112.20 |
|
Level 8 |
54.20 |
65.04 |
119.24 |
|
Level 9 |
57.31 |
68.78 |
126.09 |
D.2.2 Casual shiftworkers—general staff—ordinary and penalty rates
[D.2.2 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
|
|
Ordinary hours |
Afternoon & night |
Permanent night |
Saturday, Sunday or public holiday |
|
|
% of minimum hourly rate |
|||
|
|
125% |
140% |
155% |
175% |
|
|
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
1.1 |
29.96 |
33.56 |
37.15 |
41.95 |
|
1.2 |
31.39 |
35.15 |
38.92 |
43.94 |
|
1.3 |
32.35 |
36.23 |
40.11 |
45.29 |
|
Level 2 |
|
|
|
|
|
2.1 |
32.75 |
36.68 |
40.61 |
45.85 |
|
2.2 |
33.34 |
37.34 |
41.34 |
46.67 |
|
Level 3 |
|
|
|
|
|
3.1 |
34.58 |
38.72 |
42.87 |
48.41 |
|
3.2 |
36.30 |
40.66 |
45.01 |
50.82 |
|
Level 4 |
|
|
|
|
|
4.1 |
37.29 |
41.76 |
46.24 |
52.20 |
|
4.2 |
38.76 |
43.41 |
48.07 |
54.27 |
|
Level 5 |
|
|
|
|
|
5.1 |
41.39 |
46.35 |
51.32 |
57.94 |
|
5.2 |
43.35 |
48.55 |
53.75 |
60.69 |
|
Level 6 |
|
|
|
|
|
6.1 |
44.43 |
49.76 |
55.09 |
62.20 |
|
6.2 |
47.05 |
52.70 |
58.34 |
65.87 |
|
Level 7 |
|
|
|
|
|
7.1 |
48.14 |
53.91 |
59.69 |
67.39 |
|
7.2 |
51.00 |
57.12 |
63.24 |
71.40 |
|
Level 8 |
54.20 |
60.70 |
67.21 |
75.88 |
|
Level 9 |
57.31 |
64.19 |
71.07 |
80.24 |
Schedule E—Summary of Monetary Allowances
[Varied by PR718893, PR719046, PR729334, PR729519, PR740925, PR740759, PR750829, PR762184, PR762351]
See clause 18—Allowances for full details of allowances payable under this award.
E.1 Wage-related allowances
[E.1.1 varied by PR718893, PR729334, PR740759, PR762184 ppc 01Jul23]
E.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Level 2.1 in clause 16.1(d) = $995.60.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
First aid allowance |
18.2(a) |
1.5 |
14.93 |
per week |
E.1.2 Automatic adjustment of wage-related allowances
[E.1.2 renamed and substituted by PR750829 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
E.2 Expense-related allowances
[E.2 varied by PR719046, PR729519, PR740925, PR762351 ppc 01Jul23]
The following expense-related allowances will be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Laundry allowance |
18.3(b) |
3.55 |
per week |
|
Meal allowance—overtime |
18.3(c)(i) |
18.23 |
per occasion |
|
Further meal allowance—overtime exceeding 4 hours |
18.3(c)(ii) |
14.60 |
per occasion |
|
Vehicle allowance—use of own motor vehicle—Motor car |
18.3(g)(i) |
0.95 |
per km |
|
Vehicle allowance—use of own motor vehicle—Motorcycle |
18.3(g)(ii) |
0.32 |
per km |
E.2.1 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Laundry allowance |
Clothing and footwear group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule F—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969]
F.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
F.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
F.3 Eligibility criteria
F.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
F.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
F.4 Supported wage rates
F.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause F.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[F.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
F.4.2 Provided that the minimum amount payable must be not less than $102 per week.
F.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
F.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
F.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
F.6 Lodgement of SWS wage assessment agreement
F.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
F.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
F.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
F.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
F.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
F.10 Trial period
F.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
F.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[F.10.3 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
F.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
F.10.4 Work trials should include induction or training as appropriate to the job being trialled.
F.11 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause F.5.
Schedule G—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule H—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule I—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule J—Part-day Public Holidays deleted by PR747391 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048; deleted by PR746868 ppc 17Oct22]
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