FWO - external award viewer · Library

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

2. Definitions

[Varied by PR733837]

In this award,unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

book industry has the meaning given in clause 4.2.

[Definition of casual employee inserted by PR733837 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).

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).

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client.

standard rate means the minimum weekly wage for a Level 3 Grade 1 in clause 14—Minimum rates.

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. Coverage

4.1 This industry award covers employers throughout Australia in the book industry and their employees in the classifications in this award to the exclusion of any other modern award.

4.2 In this award book industry means:

(a) the receipt,perusal,editing and preparation of manuscripts and other material for publication in book form,or the supervision thereof;or

(b) any branch of writing,drawing or photographic work for publicity or public relations purposes in relation to publications in book form,other than those substantially engaged in marketing.

4.3 This award covers any employer which supplies labour on an on-hire basis in the book 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 4.3 operates subject to the exclusions from coverage in this award.

4.4 Exclusions

This award does not cover

(a) employees who are employed as an executive or manager;

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

(c) 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

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

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

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed;or

(b) overtime rates;or

(c) penalty rates;or

(d) allowances;or

(e) annual leave loading.

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

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

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal;and

(b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee;and

(b) identify the award term,or award terms,the application of which is to be varied;and

(c) set out how the application of the award term,or each award term,is varied;and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing;and

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

5.8 Except as provided in clause 5.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

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

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

5.11 An agreement may be terminated:

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

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

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

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.

NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.

NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’(see section 65(5) and (5A)).

NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

Before responding to a request made under section 65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made;and

(c) any reasonable business grounds for refusing the request.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days,stating whether the employer grants or refuses the request (section 65(4)).

NOTE 2: If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)).

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2,then the written response under section 65(4) must:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

(ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee,then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 27—Dispute resolution.

7. Facilitative provisions

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

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

Clause	Provision	Agreement between an employer and:
12.2	Method of arranging ordinary hours	A majority of employees
18.3	Time off instead of payment for overtime	An individual
19.2	Annual leave in advance	An individual
19.6	Cashing out of annual leave	An individual

Part 2—Types of Employment and Classifications

8. Types of employment

9. Part-time employees

10. Casual employees

11. Classifications

8. Types of employment

8.1 An employee may be employed on a full-time,part-time or casual basis.

8.2 An employee other than a casual will,irrespective of the periodic payment of salary increments,be deemed to be employed on the following bases:

(a) Level 1—by the fortnight;and

(b) Levels 2 and 3—by the month.

9. Part-time employees

9.1 An employer must roster a part-time employee for a minimum of 4 consecutive hours on any day.

9.2 Subject to clause 9.1,the ordinary hours of work and days on which such work is to be performed will be specified in writing by the employer before the part-time employee begins employment. Such hours and days may be changed only by:

(a) agreement in writing;or

(b) 7 days’notice in writing by the employer,provided that there is no reduction of the total agreed number of ordinary weekly hours of work.

9.3 All provisions of the award applicable to full-time employees will apply to part-time employees on a pro rata basis.

10. Casual employees

[Varied by PR733837]

[10.1 deleted by PR733837 from 27Sep21]

[10.2 renumbered as 10.1 by PR733837 from 27Sep21]

10.1 A casual employee must be paid a minimum of 3 hours for each engagement.

[10.3 renumbered as 10.2 by PR733837 from 27Sep21]

10.2 A casual employee will be paid at the minimum hourly rate for each hour worked,plus a loading of 25%.

[10.4 renumbered as 10.3 by PR733837 from 27Sep21]

10.3 For casual overtime provisions,see clause 18.2.

10.4 Offers and requests for casual conversion

[10.5 renumbered as 10.4 and renamed and substituted by PR733837 from 27Sep21]

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

NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 27—Dispute resolution.

11. Classifications

Descriptions of the classifications under this award are set out at Schedule A —Classifications.

Part 3—Hours of Work

12. Ordinary hours of work

13. Breaks

12. Ordinary hours of work

12.1 Subject to clause 12.2,the ordinary hours of work for a full-time employee will be an average of 38 per week to be worked from Monday to Friday inclusive,on one of the following bases:

(a) by employees working 38 ordinary hours each week;or

(b) by employees working 19 days in a 28 day work cycle:40 ordinary hours in each of 3 weeks and 32 ordinary hours in one week;or

(c) by employees working 10 days in a 14 day work cycle:42 ordinary hours in one week and 34 ordinary hours in one week;or

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

12.2 Method of arranging ordinary hours

(a) The method by which the 38 hour week provided for in clause 12.1 is to be worked will be determined in each employer’s establishment by agreement between the employer and the majority of employees affected in the establishment.

(b) If the employer and the majority of employees in that employer’s establishment agree that the method of working the 38 hour week can be determined on a section by section or a unit by unit basis in that establishment,the employees in each section or unit and their employer will then agree upon the method of working the 38 hour week provided for in clause 12.1 in that section or unit.

12.3 Exemption from hours of work provisions

Clauses 12.1 and 12.2 will not apply to employees classified as Senior editors Level 3—Grade 3 or Publicists Grade 6 or 7. These employees will,however,be entitled to receive at least 2 days off work each week.

13. Breaks

13.1 Every employee employed on a full-time basis will be allowed at least one meal break every day of between 30 and 60 minutes. The employer will be entitled to deduct the time spent on a meal break from the total time worked in accordance with clause 12.1.

13.2 Exemption from breaks

Clause 13.1 will not apply to employees classified as Senior editors Level 3—Grade 3 or Publicists Grade 6 or 7.

Part 4—Wages and Allowances

14. Minimum rates

[Varied by PR718896,PR729337,PR740762]

[14 varied by PR718896,PR729337,PR740762 ppc 01Jul22]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
	$	$
Editors
Level 1—upon commencement	982.10	25.84
Level 1—after 6 months	1043.90	27.47
Level 2—Grade 1	1098.80	28.92
Level 2—Grade 2	1126.20	29.64
Level 2—Grade 3	1181.60	31.09
Level 2—Grade 4	1243.70	32.73
Level 3—Grade 1	1302.80	34.28
Level 3—Grade 2	1362.20	35.85
Level 3—Grade 3	1517.20	39.93
Publicists
Grade 1	1060.40	27.91
Grade 2	1124.60	29.59
Grade 3	1201.60	31.62
Grade 4	1264.50	33.28
Grade 5	1415.10	37.24
Grade 6	1572.00	41.37
Grade 7	1728.60	45.49

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

15. Payment of wages

15.1 Payment on termination of employment

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

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

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

(b) The requirement to pay wages and other amounts under clause 15.1(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

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

NOTE 2: Clause 15.1(b) allows the Commission to make an order delaying the requirement to make a payment under clause 15.1. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

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

16. Expenses

All employees will be reimbursed out-of-pocket expenses authorised by the employer and reasonably incurred in the employer’s service.

17. Superannuation

17.1 Superannuation legislation

(a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

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

17.2 Employer contributions

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

17.3 Voluntary employee contributions

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

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

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

17.4 Superannuation fund

Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 17.2 and pay the amount authorised under clauses 17.3(a) or (b) to one of the following superannuation funds or its successor:

(a) Media Super;or

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

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

Part 5—Overtime

18. Overtime

18. Overtime

18.1 Where an employee is required to work overtime in any week,the employee will be paid for such overtime at the rate of:

(a) 150% of the minimum hourly rate for the first 8 hours in any week;and

(b) 200% of the minimum hourly rate for all overtime in excess of 8 hours in any week.

18.2 Casual overtime rates

(a) A casual employee will be entitled to payment at overtime rates for all work in excess of 7.5 hours in any one day.

(b) For the purposes of clause 18.2,overtime worked will be paid at 150% of the minimum hourly rate for the employee’s classification.

18.3 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 18.3.

(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;

(iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in clause 18.3(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 18.3 is set out at Schedule C —Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule C —Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 18.3 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 18.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked;and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 18.3 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 18.3(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 18.3 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 18.3 will apply,including the requirement for separate written agreements under clause 18.3(b) for overtime that has been worked.

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 65(5) of the Act).

(k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 18.3 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 18.3.

18.4 Exemption from overtime provisions

Clauses 18.1 to 18.3 of this award will not apply to employees classified as Senior editors Level 3—Grade 3 or Publicists Grade 6 or 7. These employees will,however,be entitled to receive at least 2 days off work each week.

Part 6—Leave and Public Holidays

19. Annual leave

20. Personal/carer’s leave and compassionate leave

21. Parental leave and related entitlements

22. Community service leave

23. Family and domestic violence leave

24. Public holidays

19. Annual leave

19.1 Annual leave is provided for in the NES.

19.2 Annual leave in advance

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

(b) An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 19.2 is set out at Schedule D —Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule D —Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 19.2 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 19.2,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.

19.3 Excessive leave accruals:general provision

NOTE: Clauses 19.3 to 19.5 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

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

(c) Clause 19.4 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 19.5 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

19.4 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 19.3(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 19.4(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 19.3,19.4 or 19.5 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 19.4(a) that is in effect.

(d) An employee to whom a direction has been given under clause 19.4(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 19.4(d) may result in the direction ceasing to have effect. See clause 19.4(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.

19.5 Excessive leave accruals:request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 19.3(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 19.5(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 19.4(a) that,when any other paid annual leave arrangements (whether made under clause 19.3,19.4 or 19.5 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 19.5(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 19.3,19.4 or 19.5 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 19.5(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 19.5(a).

19.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.6.

(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 19.6 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 19.6 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 19.6 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 19.6.

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 19.6.

NOTE 3: An example of the type of agreement required by clause 19.6 is set out at Schedule E —Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule E —Agreement to Cash Out Annual Leave

20. Personal/carer’s leave and compassionate leave

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

21. Parental leave and related entitlements

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

22. Community service leave

Community service leave is provided for in the NES.

23. Family and domestic violence leave

[23—Unpaid family and domestic violence leave renamed and substituted by PR750435 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.

24. Public holidays

[Varied by PR747394]

[24.1 renumbered as a paragraph by PR747394 ppc 14Nov22]

Public holiday entitlements are provided for in the NES.

[24.2 deleted by PR747394 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

25. Consultation about major workplace change

26. Consultation about changes to rosters or hours of work

27. Dispute resolution

25. Consultation about major workplace change

25.1 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.

25.2 For the purposes of the discussion under clause 25.1(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.

25.3 Clause 25.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

25.4 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 25.1(b).

25.5 In clause 25 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.

25.6 Where this award makes provision for alteration of any of the matters defined at clause 25.5,such alteration is taken not to have significant effect.

26. Consultation about changes to rosters or hours of work

26.1 Clause 26 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.

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

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

(a) provide to the employees and representatives mentioned in clause 26.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

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

26.4 The employer must consider any views given under clause 26.3(b).

26.5 Clause 26 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

27. Dispute resolution

27.1 Clause 27 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

27.3 If the dispute is not resolved through discussion as mentioned in clause 27.2,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.

27.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 27.2 and 27.3,a party to the dispute may refer it to the Fair Work Commission.

27.5 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.

27.6 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.

27.7 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 27.

27.8 While procedures are being followed under clause 27 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.

27.9 Clause 27.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

28. Termination of employment

29. Redundancy

28. Termination of employment

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

28.1 Notice of termination by an employee

(a) Clause 28.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 28.1(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 28.1(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 28.1(b),then no deduction can be made under clause 28.1(d).

(f) Any deduction made under clause 28.1(d) must not be unreasonable in the circumstances.

28.2 Job search entitlement

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

(b) The time off under clause 28.2 is to be taken at times that are convenient to the employee after consultation with the employer.

29. Redundancy

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

29.1 Transfer to lower paid duties on redundancy

(a) Clause 29.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

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

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in clause 29.1(c).

(c) If the employer acts as mentioned in clause 29.1(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 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 and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

29.2 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 29 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.

29.3 Job search entitlement

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

(b) If an employee is allowed time off without loss of pay of more than one day under clause 29.3(a),the employee must,at the request of the employer,produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 29.3(b).

(d) An employee who fails to produce proof when required under clause 29.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 28.2.

Schedule A—Classifications

A.1 Level 1—Trainee book editor

A.1.1 Entry level skills/qualifications

(a) Persons at this level would normally be graduates or have previous experience in the publishing industry or equivalent skills.

(b) Trainees should be competent in spelling and grammar and have demonstrated a willingness to participate in training and acquire skills.

(c) An employee would remain at this level no longer than 12 months.

A.1.2 Functions/responsibilities

Under direct supervision,carry out the following:

(a) proofreading;

(b) type mark-up of manuscript;

(c) copy editing;

(d) gradual acquisition of knowledge of housestyle,proofreading,symbols and in-house communications;

(e) combine all the above functions with the application and/or extension of specialist/technical knowledge where it is a requirement of a company;and/or

(f) obtain an understanding of and ability to adhere to schedules.

A.2 Level 2—Book editor

A.2.1 Skills/qualifications

Persons at this level have acquired and should continue to acquire a working knowledge of housestyle,proofreading symbols,industry and company terminology procedures,ability to use keyboard and relevant software to manipulate text,demonstrated job-related communication skills (liaison briefings,etc.) and specialist training within the specialist areas of company publishing. By Grade 4 a person would have the knowledge and understanding necessary to take a project through the editorial process.

A.2.2 Functions/responsibilities

(a) Grade 1

In addition to performing the duties of a Trainee book editor,persons at this level would be expected to undertake the following:

●application of housestyle,industry and company terminology,procedures and processes

●application of keyboard skills and acquisition of internal communication skills

●under supervision pictorial and editorial research,check indexes and tables,write blurbs,captions and promotion briefs,content editing and maintain schedules

(b) Grade 2

A Book editor grade 2 would be expected to undertake all of the duties of a Grade 1 with decreasing supervision.

In addition,they would be expected to deal with external contacts (authors,artists,etc.) regarding briefing of art,design and subject areas,and have a knowledge of production processes.

(c) Grades 3 and 4

Persons at these levels would be expected to perform all of the duties listed for Grades 1 and 2 under broad supervision only and will have acquired the ability to undertake indexing and checking outside indexing. As they undertake additional training and/or gain experience they will exercise greater professional judgment and skills. A Grade 4 would have a high level of proficiency in all book editor duties and required skills.

A.3 Level 3—Senior editor

A.3.1 Skills/qualifications

Persons at this level have demonstrated competence and knowledge of all Level 2 required skills,the demonstrated ability to communicate and liaise internally and externally (both oral and written,e.g. briefs,letters etc.) and to take a project through the editorial process.

A.3.2 Functions/responsibilities

(a) Grade 1

In addition to performing the duties listed for Level 2,persons at this level would be expected to undertake the following duties in liaison with senior personnel:

●editorial and pictorial research

●briefing of art,design and content with external authors,artists etc.

●writing of blurbs,captions and promotional briefs

●text manipulation

●application of housestyle,industry and company terminology and processes

●maintenance of agreed schedules

●assume responsibility for individual projects

●communicate internally and externally as required by allocated projects (i.e. liaise with authors,production personnel,indexers and artists)

●under general supervision,communicate and liaise with external freelance editorial staff as required by allocated projects

(b) Grade 2

A Grade 2 would be competent in all duties stated for Grade 1. In addition they may have the following duties and responsibilities:

●responsibility for major series or lists

●train junior editors under the guidance of supervising editor

●commissioning of manuscripts

(c) Grade 3

Persons at this level would have a demonstrated competence in Grade 1 and 2 functions,the maintenance of schedules,an authoritative knowledge of housestyle,proofreading,industry and company terminology,procedures and processes,confidence in communication with internal and external contacts (i.e. external or freelance editorial staff,internal production personnel,indexers,artists etc.).

A Grade 3 would be responsible for the management of:

●organising and co-ordinating publishing projects to fruition

●where applicable,developing and maintaining agreed budgets

●briefing and controlling authors and illustrators

●supervision and guidance of subordinate staff if applicable

●liaison with sales and marketing personnel if applicable

●the training of junior levels of editorial staff and development of in house training programs

A.4 Publicist—Grades 1 and 2

A.4.1 Grades 1 and 2 perform straightforward public relation duties in all aspects.

A.4.2 Assignments are of a limited scope and complexity and may comprise a minor phase of a broader or complex assignment. Assist more senior staff in carrying out complex technical/professional tasks.

A.4.3 Work is specifically directed and closely supervised by higher level professional staff. Work is assigned and instructions may include details of methods and procedures to be followed.

A.4.4 Entry level skills/qualifications

Persons at this level would have professional knowledge and skills gained through:

(a) completion of an appropriate course of study in communications,journalism,art,design,public relations or marketing or a journalist,press photography or artist cadetship;and/or

(b) experience in publishing,public relations,design marketing or in the media industry.

A.5 Publicist—Grades 3 and 4

A.5.1 Grades 3 and 4 perform normal professional work where assignments may be broad in scope and involve complex technical problems.

A.5.2 This level includes experienced staff who have a good understanding of the profession.

A.5.3 Persons at this level may exercise a high degree of independence in their professional role and exercise independent judgment and initiative.

A.5.4 Persons at this level normally work individually on projects and would,within established guidelines,plan their schedule or work.

A.5.5 May assign,coordinate and check work of subordinate staff required to work on a common project. May give limited professional guidance to others.

A.5.6 Qualifications

(a) Persons at this level would have sound professional knowledge and demonstrated skills and experience in professional,communicative and administrative aspects of the work.

(b) Progression through Grades 1,2,3 and 4 will be based upon the acquisition of skills and/or experience.

A.6 Publicist—Grade 5

A.6.1 Persons at this level have considerable experience,exercise independent judgment,have a comprehensive knowledge of the relevant programs/activities and possess sound professional skills.

A.6.2 A range of activities may be undertaken including:

(a) complex,novel or critical activities in an aspect of professional work where it is necessary to select and/or modify and adapt established principles,technologies,procedures and methods;

(b) the sustained supervision and direction of a specific activity or program or small work unit involving normal professional work;

(c) providing professional guidance to others;

(d) providing a significant input into the policy formulation and execution of programs;and

(e) being responsible for formulating strategies for projects.

(f) Persons at this level may direct the activities of subordinate staff in a smaller work unit. They may assist a more senior professional in the direction of professional activities.

A.6.3 Qualifications

Persons at this level would have sound theoretical knowledge,wide experience in the relevant professional activity and mature application of highly developed skills in professional activities.

A.7 Publicist—Grade 6

A.7.1 Persons at this level have considerable experience in their professional field,exercise sound judgment,have a comprehensive knowledge of the relevant programs/activities and exercise originality and ingenuity in their work.

A.7.2 Activities at this level may branch into either managerial or senior specialist areas of the profession or may be a combination of the 2.

A.7.3 Activities which may be undertaken at this level include:

(a) providing high level professional advice on policy issues;

(b) assisting in formulating strategies and policy;

(c) the provision of practical and economic solutions to highly complex professional problems in an aspect of professional work;

(d) the professional,economic and administrative management of a professional work unit engaged in complex activities or programs requiring the allocation of significant human and/or material resources;and

(e) formulating training programs.

A.8 Publicist—Grade 7

A.8.1 Persons at this level have extensive experience in their professional field and advanced professional knowledge and skills. They may be a specialist in the area with which their consultancy deals.

A.8.2 In addition to performing from time to time functions of Grade 6,a Grade 7’s activities may include:

(a) providing authoritative professional advice on major policy issues;

(b) being responsible for formulating strategies;

(c) assessing and identifying potential clients;

(d) the coordination of professional activities engaged in strategic and complex programs;and

(e) providing a specialist consultancy service.

Schedule B—Summary of Hourly Rates of Pay

[Varied by PR718896,PR729337,PR740762]

B.1 Full-time and part-time employees—ordinary and overtime rates

[B.1 varied by PR718896,PR729337,PR740762 ppc 01Jul22]


Employee classification	Ordinary hours	First 8 hours of overtime	After 8 hours of overtime
	% of minimum hourly rate
	100%	150%	200%
	$	$	$
Editors
Level 1—upon commencement	25.84	38.76	51.68
Level 1—after 6 months	27.47	41.21	54.94
Level 2—Grade 1	28.92	43.38	57.84
Level 2—Grade 2	29.64	44.46	59.28
Level 2—Grade 3	31.09	46.64	62.18
Level 2—Grade 4	32.73	49.10	65.46
Level 3—Grade 1	34.28	51.42	68.56
Level 3—Grade 2	35.85	53.78	71.70
Level 3—Grade 3	39.93	N/A	N/A
Publicists
Grade 1	27.91	41.87	55.82
Grade 2	29.59	44.39	59.18
Grade 3	31.62	47.43	63.24
Grade 4	33.28	49.92	66.56
Grade 5	37.24	55.86	74.48
Grade 6	41.37	N/A	N/A
Grade 7	45.49	N/A	N/A

B.2 Casual employees—ordinary rates

[B.2 varied by PR718896,PR729337,PR740762 ppc 01Jul22]

Employee classification	Ordinary hours
	% of minimum hourly rate
	125%
	$
Editors
Level 1—upon commencement	32.30
Level 1—after 6 months	34.34
Level 2—Grade 1	36.15
Level 2—Grade 2	37.05
Level 2—Grade 3	38.86
Level 2—Grade 4	40.91
Level 3—Grade 1	42.85
Level 3—Grade 2	44.81
Level 3—Grade 3	49.91
Publicists
Grade 1	34.89
Grade 2	36.99
Grade 3	39.53
Grade 4	41.60
Grade 5	46.55
Grade 6	51.71
Grade 7	56.86

Schedule C—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 D—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 E—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 F—Part-day Public Holidays deleted by PR747394 ppc 14Nov22]

[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718142 ppc 08Apr20;deleted by PR742720 ppc 17Jun22]

Details

Title: Book Industry Award 2020
Code: MA000078

Effective:

Updated:

Instrument Type: Modern Award

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Book Industry Award 2020

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