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Amusement, Events and Recreation Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777313 and PR778053).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
29—Dispute resolution
Table of Contents
[Varied by PR746868, PR747402, PR750426, PR774800, PR778053]
Schedule B —Summary of Hourly Rates of Pay—other than Exhibition Employees............. 56
Schedule C —Summary of Hourly Rates of Pay—Exhibition Employees............................... 64
Schedule G —Agreement for Time Off Instead of Payment for Overtime............................. 78
Part 1—Application and Operation of this Award
1.1 This award is the Amusement, Events and Recreation Award 2020.
[Varied by PR733835, PR774800, PR777313]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 18.2(a)).
amusement, events and recreation industry has the meaning given in clause 4.2.
[Definition of casual employee inserted by PR733835 from 27Sep21; varied by PR777313 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774800 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774800 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
exhibition employees means employees of employers engaged in the supply, preparation, marking out, fabrication, installation, erection or dismantling of exhibition stands or associated componentry for the trades and public promotions industry.
golf professional means a qualified and current Full Member (Vocational) of the Professional Golfers Association of Australia.
[Definition of golf trainee deleted by PR730946 ppc 22Jun21]
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clause 16.1 plus any all-purpose allowance to which an employee is entitled.
[Definition of PGA Associate inserted by PR730946 ppc 22Jun21]
PGA Associate means an individual formally undertaking the Professional Golfers Association’s Membership Pathway Program, for the purposes of becoming a Full Member of the Professional Golfers Association of Australia.
[Definition of regular casual employee inserted by PR733835 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
[Definition of small business employer inserted by PR774800 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a Grade 4 employee in clause 16.1.
[Definition of workplace delegate inserted by PR774800 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743444]
4.2 Definition of amusement, events and recreation industry
(a) Amusement, events and recreation industry means the operation of:
(i) leisure and recreation facilities and centres;
(ii) sporting, exhibition, convention and amusement complexes;
(iii) theme parks;
(iv) heritage, tourism and cultural centres;
(v) museums and galleries;
(vi) zoos, animal parks and aquariums;
(vii) agricultural and horticultural shows;
(viii) carnivals and amusement parks;
(ix) ten pin bowling venues;
(x) go-kart racing venues;
(xi) amusement arcades, including video game and pinball parlours; and
(xii) golf facilities including but not limited to golf clubs, on-course and off-course golf shops and driving ranges.
(b) For the purpose of clause 4.2(a), theme parks means locations or enterprises operating attractions or amusements (whether indoor or outdoor) open to the public through either paid or free admission.
(c) For the purpose of clause 4, the amusement, events and recreation industry also includes:
(i) employers engaged in the supply, preparation, marking out, fabrication, installation, erection or dismantling of exhibition stands or associated componentry for the trades and public promotions industry;
(ii) the provision of services within the primary venue such as photographic services, the sale of food, beverages and merchandising;
(iii) activities undertaken by an employer covered by this award which are ancillary to the conduct of the primary venue, such as road or water transport at, to or from, or away from, the primary venue, sightseeing tours, travel arrangements, and wildlife research, conservation and collection conducted away from the primary venue; and
(iv) golf facilities including but not limited to golf clubs, on-course and off-course golf shops and driving ranges.
4.3 This award covers any employer which supplies labour on an on-hire basis in the amusement, events and recreation 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 This award covers employers which provide group training services for apprentices and trainees engaged in the amusement, events and recreation industry and/or parts of that industry and those apprentices and 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover employees of employers where the major and substantial activity is the provision of health and fitness services and classes.
4.6 The award does not cover an employer covered by the:
[4.6(a) varied by PR743444 ppc 11Jul22]
(a) Building and Construction General On-site Award 2020;
[4.6(b) varied by PR743444 ppc 11Jul22]
(b) Electrical, Electronic and Communications Contracting Award 2020;
[4.6(c) varied by PR743444 ppc 11Jul22]
(c) Joinery and Building Trades Award 2020;
[4.6(d) varied by PR743444 ppc 11Jul22]
(d) Registered and Licensed Clubs Award 2020;
(e) Travelling Shows Award 2020; or
[4.6(f) varied by PR743444 ppc 11Jul22]
(f) Fitness Industry Award 2020.
4.7 This award does not cover:
(a) an employee excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.8 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
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 PR763285 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 29—Dispute resolution and/or under section 65B of the Act.
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: |
|
11.6 |
Casual employees – minimum engagement |
An individual |
|
13 |
Ordinary hours of work |
The majority of employees or an individual |
|
17.1 |
Payment of wages – period of payment |
The majority of employees |
|
20.5 |
Minimum break between shifts |
An individual |
|
20.8 |
Time off instead of payment for overtime |
An individual |
|
21.3 |
Annual leave in advance |
An individual |
|
21.4 |
Cashing out of annual leave |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees may be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is engaged to work an average of 38 hours per week.
[Varied by PR733835]
10.1 An employer may employ part-time employees in any classification in this award.
10.2 A part-time employee:
(a) works less than 38 hours per week;
(b) has reasonably predictable hours of work; and
(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(a) the hours worked each day;
(b) which days of the week the employee will work; and
(c) the actual starting and finishing times each day.
10.4 Any agreed variation to the regular pattern of work in clause 10.3 will be recorded in writing.
10.6 A part-time employee must be paid for ordinary hours worked at the ordinary hourly rate prescribed in clause 16—Minimum rates for the class of work performed.
10.7 All time worked in excess of the ordinary hours as prescribed in clause 13—Ordinary hours of work will be overtime and paid for at the rates prescribed in clause 20—Overtime.
[10.8 deleted by PR733835 from 27Sep21]
[Varied by PR723850, PR733835, PR777313]
[11.1 substituted by PR733835 from 27Sep21]
11.1 A casual employee may be engaged to work not more than 38 ordinary hours per week from Monday to Sunday.
[11.2 deleted by PR733835 from 27Sep21]
[11.3 renumbered as 11.2 by PR733835 from 27Sep21]
11.2 A casual employee’s employment may be terminated without notice by the employee or employer.
[11.4 renumbered as 11.3 by PR733835 from 27Sep21]
[11.5 substituted by PR723850 ppc 20Nov20; 11.5 renumbered as 11.4 by PR733835 from 27Sep21]
11.4 For each ordinary hour worked, a casual employee will be paid:
(a) the ordinary hourly rate for the classification in which they are employed in clause 16—Minimum rates; and
(b) a loading of 25% for work performed in ordinary hours.
[New 11.6 inserted by PR723850 ppc 20Nov20; 11.6 renumbered as 11.5 by PR733835 from 27Sep21]
11.5 The casual loading will not be paid for overtime hours worked.
[11.6 renumbered as 11.7 by PR723850; 11.7 renumbered as 11.6 by PR733835 from 27Sep21]
11.7 Changes to casual employment status
[11.7 renumbered as 11.8 by PR723850; 11.8 renumbered as 11.7 and renamed and substituted by PR733835; renamed and substituted by PR777313 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 29—Dispute resolution.
12.1 Employees covered by this award must be classified according to the structure and definitions set out in Schedule A—Classification Structure.
12.2 An employer must advise an employee in writing of their classification upon commencement and of any subsequent changes to their classification.
(a) 38 hours in one week;
(b) 76 hours in 2 weeks;
(c) 114 hours in 3 weeks; or
(d) 152 hours in 4 weeks.
13.3 By mutual agreement between the employer and the majority of employees involved the ordinary working hours may exceed 8 up to a maximum of 10 on any one day.
13.5 Ordinary working hours for full-time employees will be worked continuously, except for meal breaks, on not more than 20 days in a 28 day period on any day of the week (Monday to Sunday).
13.6 Special provisions for exhibition employees
(a) Full-time and part-time employees
(i) Ordinary hours may be worked on any day of the week subject to the provisions of clause 13.6(a).
(ii) The ordinary hours of work will be 76 hours worked over a 2 week roster period.
(iii) The ordinary hours of work on a shift will be a minimum of 4 and a maximum of 12 hours, to be worked continuously except for meal breaks.
(iv) The maximum ordinary hours of work for full-time and part-time employees in any week will be 56 hours.
(v) Full-time and part-time employees will have 2 consecutive days off in any week if it is reasonably possible to arrange.
(b) Casual employees
The ordinary hours of work for casual employees will be a minimum of 4 consecutive hours per shift to be worked continuously except for meal breaks, on any day of the week.
13A. Employee right to disconnect
[13A inserted by PR778053 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
14.1 An employer must notify an employee of their working shifts. An employee will be given at least 7 days’ notice of a change in rostered shift, subject to clause 28—Consultation about changes to rosters or hours of work.
14.2 Employees may arrange to temporarily change rosters, subject to the employer’s approval. Rosters so changed will be paid for at the rates applicable to the original roster.
14.3 Special provisions for all exhibition employees
(a) Where possible, all employees will be notified of their roster in advance. Except in the case of circumstances outside the control of the employer, all employees will be notified before finishing work on the previous shift of any change in the roster, subject to clause 28—Consultation about changes to rosters or hours of work.
(b) Employees will, except where circumstances outside the control of the employer make it impracticable, be granted a 10 hour break without loss of pay from cessation of work on the one day and the commencement of work on the next day.
15.1 Meal breaks—other than casual employees
(a) Unpaid meal break
An employee, other than a casual employee, must be allowed a meal break of between 30 and 60 minutes, not later than 5 hours after starting work.
(b) Paid meal break—employee on-call
Where an employee is instructed by their employer to remain on-call during their meal break, that break will be paid for at the ordinary hourly rate.
15.2 Paid rest breaks—casual employees
(a) Casual employees engaged for a minimum of 5 hours must be allowed a rest break of 20 minutes without loss of pay.
(b) Casual employees required to continue working for a further 5 hours must be allowed a further rest break of 20 minutes without loss of pay.
(c) Rest breaks must be taken at a time convenient to the employer but not at the start or end of the period of duty.
15.3 Special provisions for exhibition employees
(a) Employees will not be required to work continuously for more than 5 hours without a meal break, except where circumstances outside the control of the employer make it impracticable.
(b) Meal breaks will be between 30 and 90 minutes.
(c) Time that should be allowed as a meal break will not count as ordinary hours of work within the meaning of clause 13—Ordinary hours of work.
[Varied by PR723829, PR718898, PR726419, PR730832, PR733835, PR729339, PR731022, PR740764, PR762189, PR773967]
[16.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Introductory level employee |
891.50 |
23.46 |
|
Grade 1 |
915.90 |
24.10 |
|
Grade 2 |
949.20 |
24.98 |
|
Grade 3 |
980.40 |
25.80 |
|
Grade 4 |
1032.30 |
27.17 |
|
Grade 5 |
1064.70 |
28.02 |
|
Grade 6 |
1096.90 |
28.87 |
|
Grade 7 |
1126.30 |
29.64 |
|
Grade 8 |
1183.50 |
31.14 |
|
Grade 9 |
1310.60 |
34.49 |
|
Grade 10 |
1393.50 |
36.67 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay—other than Exhibition Employees and Schedule C—Summary of Hourly Rates of Pay—Exhibition Employees for a summary of hourly rates of pay, including overtime and penalty rates.
The minimum rates for junior employees other than apprentices will be the following percentages of the adult rates prescribed for the classification appropriate to the work performed:
|
Age |
% of minimum adult rate |
|
Under 17 years |
55 |
|
17 years |
65 |
|
18 years |
75 |
|
19 years |
85 |
(a) An apprentice who commenced their apprenticeship before 1 January 2014 must receive the following percentage of the minimum rate for Grade 4:
|
Year |
% of Grade 4 rate |
|
1st year |
47.5 |
|
2nd year |
60 |
|
3rd year |
75 |
|
4th year |
95 |
(b) An apprentice who commenced their apprenticeship on or after 1 January 2014 must receive the following percentage of the minimum rate for Grade 4:
|
Year |
Apprentices who have not completed Year 12 |
Apprentices who have completed Year 12 |
|
|
% of Grade 4 rate |
|
|
1st year |
50 |
55 |
|
2nd year |
60 |
65 |
|
3rd year |
75 |
75 |
|
4th year |
95 |
95 |
(c) The minimum rate for an adult apprentice who commenced their apprenticeship on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum rate for Grade 4, or the rate prescribed by clause 16.3(b) for the relevant year of the apprenticeship, whichever is the greater.
(d) The minimum rate for an adult apprentice who commenced their apprenticeship on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 16.1—Adult employee rates or the rate prescribed by clause 16.3(b) for the relevant year of the apprenticeship, whichever is the greater.
[16.3(e) varied by PR733835 from 27Sep21]
(e) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 16.1—Adult employee rates in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(f) Except as provided in clause 16.3 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(g) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 16.3 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(h) For the purposes of clause 16.3(g), excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 16.3(g), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(i) The amount payable by an employer under clause 16.3(g) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
(k) An employer may meet its obligations under clause 16.3(j) by paying any fees and/or cost of textbooks directly to the RTO.
(l) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
(m) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 16.3(m) operates subject to provisions.
(n) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
(o) For school-based apprentices, see Schedule F—School-based Apprentices.
16.4 Higher duties
(a) An employee required to perform work at a higher classification than their ordinary classification for more than 4 hours on any day must be paid at the higher rate for all hours worked on that day.
(b) An employee required to perform work at a higher classification than their ordinary classification for up to 4 hours on any day must be paid at the higher rate for the actual time worked at the higher classification.
16.5 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[16.6(b) varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Amusement, Events and Recreation Award 2020 and not the Miscellaneous Award 2020.
[Note inserted by PR723829 ppc 01Nov20; deleted by PR726419; inserted by PR730832; deleted by PR731022 ppc 01Nov21]
16.7 School-based apprentices
For school-based apprentices, see Schedule F—School-based Apprentices.
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.
(a) Wages may be paid weekly or fortnightly.
17.2 Method of payment
Wages may be paid by cash, cheque or into a bank or financial institution account nominated by the employee. If payment is by cash or cheque, wages must be paid during ordinary working hours.
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 PR718898, PR719050, PR729339, PR729523, PR740764, PR740929, PR762189, PR762355, PR774137, PR773967]
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowance is paid for all purposes under this award:
(i) Special all-purpose allowances for exhibition employees (clause 18.2(b)).
(b) Special all-purpose allowances for exhibition employees
[18.2(b) varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
Full-time and part-time employees will be paid the following allowances for all purposes of the award:
|
Classification |
Flexible
loading |
Supervisory
loading |
||
|
|
$ per week |
$ per hour |
$ per week |
$ per hour |
|
General hand |
68.13 |
1.79 |
N/A |
N/A |
|
Exhibition technician |
73.29 |
1.93 |
33.03 |
0.87 |
|
Supervisory exhibition technician |
77.42 |
2.04 |
66.07 |
1.74 |
[18.2(c) varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
An employee in charge of golf links with more than 18 holes, bowling greens or lawn tennis courts in an establishment covered by this award will receive an allowance of $55.02 per week.
[18.2(d) varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
An employee who holds a first aid qualification from St John Ambulance or a similar body and is appointed by the employer to perform first aid duties must be paid for ordinary hours an allowance of $20.65 per week or $0.54 per hour.
[18.2(e) varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
An employee in charge of a tractor plant must receive an allowance of $30.97 per week, or $0.82 per hour.
(f) Cancellation allowance—casual employees
A casual employee who reports for work when required and is not allowed to start will be paid for 3 hours at the minimum rate for the relevant classification.
18.3 Expense-related allowances
(a) Accommodation
An employee required by the employer to live on the premises and to act as caretaker must be paid an allowance equal to the amount of the rental charged by the employer for the accommodation at the premises.
[18.3(b) varied by PR719050, PR729523, PR740929, PR762355, PR774137 ppc 01Jul24]
An employee who is required to work overtime for 2 or more hours immediately after finishing their ordinary hours of work must be paid a meal allowance of $14.25 unless the employer provides a meal.
(c) Protective clothing and equipment
(i) Where an employee is required to wear protective clothing or equipment (e.g. oilskins, gumboots, overalls, goggles, safety boots, bowling shoes, etc.), the employer must reimburse the employee on proof of purchase for the cost of purchasing the protective clothing and equipment.
(ii) The employee is responsible for maintaining protective clothing and equipment in a serviceable condition.
(iii) The provisions of clause 18.3(c) do not apply where the protective clothing and/or equipment is paid for by the employer.
(d) Tool allowance
[18.3(d)(i) varied by PR719050, PR729523, PR740929, PR762355, PR774137 ppc 01Jul24]
|
|
$ per week |
|
Tradesperson (other than Carpenters) |
15.83 |
|
Carpenters |
30.88 |
(ii) The allowance in 18.3(d)(i) will not apply where the employer supplies all tools without cost to the employee.
(i) Where an employee is required to wear a uniform, the employer must reimburse the employee for the cost of purchasing the uniform. Clause 18.3(e)(i) does not apply where the uniform is supplied by the employer at the employer’s expense.
(ii) Where the uniform is supplied by the employer, it will remain the property of the employer and must be returned to the employer on the termination of the employee’s employment.
(iii) If an employee is required to launder any garments that are part of a uniform, the employer will pay an allowance of $1.32 per day up to $6.62 per week. Clause 18.3(e)(iii) does not apply where the employer launders the garments.
[18.3(f) varied by PR729523, PR740929, PR762355, PR774137 ppc 01Jul24]
Where, on request from their employer, an employee agrees to use the employee’s own motor vehicle for the purpose of travelling on the employer’s business, the employer will pay the employee an allowance of $0.98 per kilometre travelled.
[Varied by PR771356]
19.1 Superannuation legislation
[19.1 substituted by PR771356 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 clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771356 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) HOSTPLUS;
(c) AMP Superannuation Savings Trust;
(d) Sunsuper;
(e) CareSuper; or
(f) MTAA Superannuation Fund; or
(g) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(h) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
20. Overtime and penalty rates
[Varied by PR723850, PR747402, PR763285]
20.1 All time worked by any full-time or part-time employee in excess of the rostered working hours on any one day, or in excess of an average of 38 hours per week in any roster cycle as provided for in clause 13.1, will be overtime. In accordance with clause 11.3, all time worked by a casual employee in excess of 10 hours in one day or 38 hours in one week will be overtime.
20.2 Overtime as defined in clause 20.1 will be paid as follows:
(a) 150% of the ordinary hourly rate for the first 3 hours; and
(b) 200% of the ordinary hourly rate after 3 hours.
[New 20.3 inserted by PR723850 ppc 20Nov20]
20.3 The casual loading prescribed by clause 11.4(b) will not be paid for overtime hours worked.
[20.3 renumbered as 20.4 by PR723850 ppc 20Nov20]
20.4 Employees will be entitled to a break of at least 10 hours between shifts.
[20.4 renumbered as 20.5 by PR723850 ppc 20Nov20]
20.6 Sunday and public holiday work
[20.5 renumbered as 20.6 by PR723850 ppc 20Nov20]
(a) Ordinary hours on a Sunday will be paid for at 150% of the ordinary hourly rate.
(b) All time worked on a public holiday will be paid for at 250% of the ordinary hourly rate.
(c) A minimum payment of 4 hours’ will apply for work performed on a Sunday or a public holiday.
[20.6(d) inserted by PR747402 ppc 14Nov22]
(d) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 20.6(c).
20.7 Special provisions for exhibition employees
[20.6 renumbered as 20.7 by PR723850 ppc 20Nov20]
[20.7(a) varied by PR723850 ppc 20Nov20]
(a) Clauses 20.1, 20.2, 20.4, 20.5 and 20.6 will not apply to exhibition employees.
(d) Casual employees
(i) Casual employees will be paid overtime for all work performed in excess of 12 hours on a shift.
(ii) Overtime as defined in clause 20.7(d)(i) will be paid at 200% of the ordinary hourly rate, calculated to the nearest 15 minutes.
[20.7(d)(iii) inserted by PR723850 ppc 20Nov20]
(iii) The casual loading prescribed by clause 11.4(b) will not be paid for overtime hours worked.
20.8 Time off instead of payment for overtime
[20.7 renumbered as 20.8 by PR723850 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 20.8(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.8 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 20.8 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 20.8 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 20.8 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 20.8(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 20.8 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 20.8 will apply, including the requirement for separate written agreements under clause 20.8(b) for overtime that has been worked.
[Note varied by PR763285 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 20.8 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 20.8.
Part 6—Leave and Public Holidays
21.1 Annual leave is provided for in the NES.
When an employee takes a period of paid annual leave or is paid for accrued leave on termination, the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 6 of the NES.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 21.3 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 21.3 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 21.3, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
21.4 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.4.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.4.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 21.4 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 21.4 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 21.4 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.4.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.4.
NOTE 3: An example of the type of agreement required by clause 21.4 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.
21.5 Excessive leave accruals: general provision
NOTE: Clauses 21.5 to 21.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.
(c) Clause 21.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 21.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
21.6 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 21.6(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 21.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 21.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 21.6(d) may result in the direction ceasing to have effect. See clause 21.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
21.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 21.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 21.6(a) that, when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 21.7(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 21.7(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 21.7(a).
22. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
23. Parental leave and related entitlements
[23 varied by PR763285 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 29—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
25. Family and domestic violence leave
[25—Unpaid family and domestic leave renamed and substituted by PR750426 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.
[Varied by PR747402]
26.1 Public holiday entitlements are provided for in the NES.
26.2 Special provisions for exhibition employees
(a) Work on a public holiday
(i) If a full-time or part-time employee is required to work on a day to be observed as a public holiday, the employee will be paid 200% of the ordinary hourly rate for the hours worked.
(ii) At the election of the employer, a full-time or part-time employee who works on a public holiday may be paid the ordinary hourly rate for the hours worked on that public holiday, and in addition be given time off on the basis of one hour off for each hour worked, without loss of pay.
(b) Rostered day off falls on a public holiday
[Paragraph in 26.2(b) numbered as 26.2(b)(i) by PR747402 ppc 14Nov22]
[26.2(b)(ii) inserted by PR747402 ppc 14Nov22]
(ii) If a public holiday is a part-day public holiday, then clause 26.2(b)(i) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(c) Casual employees
Casual employees who work on a public holiday will be paid at 200% of the ordinary hourly rate for hours worked (calculated to the nearest 15 minutes).
26.3 Employees other than exhibition employees required to work on a public holiday will be paid in accordance with clause 20.6.
[26.4 deleted by PR747402 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774800 from 01Jul24]
26A. Workplace delegates’ rights
[26A inserted by PR774800 from 01Jul24]
26A.1 Clause 26A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 26A.
26A.2 In clause 26A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
26A.3 Before exercising entitlements under clause 26A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
26A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
26A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
26A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 26A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
26A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
26A.9 Exercise of entitlements under clause 26A
(a) A workplace delegate’s entitlements under clause 26A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 26A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 26A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 26A.
27. Consultation about major workplace change
27.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
27.2 For the purposes of the discussion under clause 27.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under 27.1(b).
27.5 In clause 27 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763285, PR777313, PR778053]
29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.
29.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
29.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
29.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 29.
29.8 While procedures are being followed under clause 29 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
29.9 Clause 29.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763285; deleted by PR778053 from 26Aug24]
[Note inserted by PR778053 from 26Aug24; varied by PR777313 from 27Aug24]
NOTE: In addition to clause 29, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
30.1 Notice of termination by an employee
(a) Clause 30.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(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 30.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 30.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 30.1(b), then no deduction can be made under clause 30.1(d).
(f) Any deduction made under clause 30.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
31.1 Transfer to lower paid duties on redundancy
(a) Clause 31.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 31.1(c).
(c) If the employer acts as mentioned in clause 31.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
31.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 31 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
31.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 31.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 31.3(b).
(d) An employee who fails to produce proof when required under clause 31.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 30.2.
Schedule A—Classification Structure
[Varied by PR730946]
A.1 Introductory level employee
Introductory level employee means an employee who enters the industry and who has not demonstrated the competency requirements of a Grade 1 employee. An employee at this level will undergo training for up to 3 months before progressing to Grade 1.
A.2 Grade 1
A.2.1 An employee at this level is an employee who has completed at least 3 months training which will include successfully undertaking accredited courses of study or on-the-job training in all of the relevant day-to-day operating processes so as to enable the employee to perform work within the scope of this level.
A.2.2 An employee at this level performs work above and beyond the skills of an employee at Introductory level and to the level of their skills, competence and training.
[A.2.3 varied by PR730946 ppc 22Jun21]
A.2.3 An employee at this level may include a Cleaner, Maintenance person, Gardener, Handyperson, Animal attendant, Ride attendant, Tour guide, Customer Service Officer, Meet and Greet/Concierge, Photography Attendant, Host/Presenter, Car park attendant, Parking attendant (not handling cash), Door attendant, General attendant, Admissions/Entrance attendant level 1, Gateperson (not on major gates), Bowling attendant, Usher, Event day attendant and PGA Associate Year 1.
A.2.4 Such an employee will possess the following skills and may be required to perform the following duties:
(a) Performs tasks under direct supervision or in accordance with strictly defined procedures.
(b) Is trained in and applies basic customer service skills as required by the section/department.
(c) Is required to show minimal judgment.
(d) Performs routine functions requiring an understanding of clear procedures or guidelines and may require basic manual skills across work areas within the business.
(e) Applies basic communication and interpersonal skills in dealing with customers and other workers.
(f) Requires basic health and safety knowledge.
(g) Generally performs a limited range of tasks of limited complexity and skill.
(h) Undertakes general cleaning duties, issuing costumes, grooming, cleaning of animal enclosures, mowing lawns, basic gardening and labouring tasks including operation of simple machinery, laundry duties, brush-cutting, basic labouring including assisting with animal care, basic repairs to clothing, food preparation, ushering, basic preparation of ingredients, assisting employees who are cooking, basic cooking and kitchen attending.
A.3 Grade 2
A.3.1 An employee at this level is an employee who has completed an appropriate level of training so as to enable the employee to perform work within the scope of this level.
[A.3.2 varied by PR730946 ppc 22Jun21]
A.3.2 An employee at this level performs work above and beyond the skills of an employee at Grade 1 and to the level of their skills, competence and training. An employee at this level may in addition to the roles in Grade 1 may also include an Assistant to construction technician and/or erector (including persons engaged in maintenance and utility duty) Ticket seller, Counter attendant, Security Officer, Receptionist, Programme seller, Cashier, General hand (exhibition employees), Game warden and a PGA Associate Years 2 and 3.
A.3.3 Such an employee will possess the following skills and may be required to perform the following duties:
(a) Is responsible for the quality of their own work subject to routine supervision.
(b) Works under routine supervision either individually or in a team environment.
(c) Performs tasks under general supervision, exercising limited discretion within defined procedures.
(d) Performs work which is subject to final checking and, as required, progress checking.
(e) Is trained in and applies basic quality/service requirements relating to own work and may be required to give general inquiry assistance to the customer.
(f) Applies good interpersonal and communication skills in dealing with customers and other workers.
(g) Has a good working knowledge of health and safety at this level.
(h) May assist in on-the-job training of employees of a lower level.
(i) May require basic technical skills to perform the work.
(j) A person not qualified in any trade, engaged in or in connection with the in‑house preparation, loading or unloading, marking out, carpet laying, fabrication, installation, erection or dismantling of exhibition stands.
(k) Food preparation, attending counter, handling cash, specific cleaning duties, animal care, ordering stock, hosting duties, operate rides, EFTPOS transactions, basic record keeping, taking bookings and reservations, telephone and switchboard operations, grooming, handling and feeding animals, presentations, operate cash register, beer reticulation, general gardening including operation of machinery, process invoices, drive forklift, stock control, pruning, irrigation, bar attending, wait staff duties, attending snack bar, non-specialised cooking duties, operate games/amusement rides, ground controller/basic security and general park maintenance including maintenance of enclosures.
A.4 Grade 3
A.4.1 An employee at this level is an employee who has completed an appropriate level of training so as to enable the employee to perform work within the scope of this level.
A.4.3 An employee at this level includes Supervisors and Operators (where 4 or more are employed).
A.4.4 Such an employee will possess the following skills and may be required to perform the following duties:
(a) Works from complex instructions and procedures.
(b) Assists in the provision of on-the-job training.
(c) Can perform a greater variety of tasks competently in accordance with the established procedures within their work classification.
(d) Can provide assistance for problem solving and work direction.
(e) Is trained in and can apply a higher level of quality control and customer service.
(f) Performs work which is the subject of final checking only.
(g) Has good health and safety knowledge.
(h) Works individually under general supervision while having the ability to co‑ordinate work within a small team environment.
(i) Communicates effectively with other workers in their work section.
(j) Rigs steel or timber components and/or erects or dismantles same on any site or location either as a temporary or permanent structure and includes the preparation, painting and greasing or otherwise lubricating of any structural part either fixed or moving either in the employer’s workshops or on the site where the stand or fixture or structure is to be erected, dismantled and/or operated.
(k) Operates a passenger vehicle, handles animals, grades garments, maintenance, pattern making, animal health management, basic stable/animal compound management, operate games/amusement rides, specialised animal care, assistance with animal training, preparation of animal feed and animal care, animal management, maintenance of enclosures and gardens including pruning and irrigation, tour guide duties and presentations to the public, international host required to speak a second language, cocktail or specialised waiter, non-trade cooking, operate a food outlet, bookings and reservations, ordering stock and stock control, basic lifeguarding, security officer monitoring and operating CCTV systems.
A.5 Grade 4
A.5.1 An employee at this level is an employee who has completed appropriate training or has acquired equivalent competency so as to perform work within the scope of this level. Work performed at this level will be trade level or equivalent.
A.5.2 An employee at this level includes:
(a) An employee who holds a trade certificate or tradespersons rights certificate as an:
· Engineering tradesperson (electrical/electronic)—Level I;
· Engineering tradesperson (mechanical)—Level I;
· Engineering tradesperson (fabrication)—Level I,
or equivalent;
(b) Technical/ Trade Qualified maintenance person;
(c) Craftsperson;
(d) Exhibition technician; and
(e) Interpreter.
A.5.3 Such an employee will possess the following skills and may be required to perform the following duties:
(a) Is able to exercise the skills and knowledge of the engineering trade so as to enable the employee to perform work within the scope of this level or possesses the skills, experience, knowledge, responsibility, expertise and competency to perform work at the trade level.
(b) Understands and applies quality control techniques.
(c) Exercises good interpersonal and communications skills.
(d) Exercises higher level keyboard skills.
(e) Exercises discretion within the scope of this classification level.
(f) Performs work under limited supervision either individually or in a team environment.
(g) Performs non-trade tasks incidental to their work.
(h) Performs work that while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.
(i) A person qualified in a trade required by the employer engaged in or in connection with in-house preparation, loading or unloading, marking out, carpet laying, fabrication, installation, erection or dismantling.
(j) Works from complex instructions and procedures and has a thorough understanding of the employer’s internal policies and procedures relating to their department.
(k) Is able to provide training for other employees within their specific area of responsibility for skill development.
(l) Is able to co-ordinate work in a team environment or work individually under general supervision.
(m) Is accountable for their own work at trade level or equivalent.
(n) Has a thorough knowledge of the health and safety procedures relating to work within their department.
(o) Is able to exercise good interpersonal and communication skills in dealing with other workers.
(p) Performs lower level tasks incidental to their work or which facilitate the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.
(q) Has worked or studied in a relevant field for a significant time to ensure competence to undertake and advise on a full range of normal requirements for the work and has the ability to perform a variety of activities involving special or unusual features of the work.
(r) Trade qualified cooking, food production, senior security officer, trade qualified maintenance (i.e. plumbing, spray painting, construction work) designs costumes and production, liaise with agencies, staff recruitment, menu planning, animal training, medication of animals, plantation management, animal education duties, management of a food outlet, cleaning operators, projectionist, bar supervisor, maitre d’, greenkeeping, specialised performers and advanced lifeguarding.
A.6 Grade 5
An employee at this level is an employee who in addition to being a technician, tradesperson or equivalent is required to supervise staff, general hands technicians, and/or generally supervise projects including basic administration.
A.7 Grade 6
An employee at this level may include a Head technician maintenance person, Restoration officer, Museum technician, and Senior animal attendant or trainer. An employee at this level may also include an Assistant or Teaching Golf Professional who has completed the appropriate level of training and is engaged in assisting in the operation of a golf professional shop, delivering golf coaching, club-fitting and assisting in the operation and delivery of club events.
A.8 Grade 7
A.8.1 An employee at this level is an employee who has completed appropriate training and is capable of applying skills learned to the work. An employee may have specific supervisory duties and the authority to direct other staff; however, the greater percentage of their time need not be spent on management functions.
A.8.2 An employee at this level performs work of a greater complexity because of one or more of the following factors:
(a) Level of responsibility and/or management, e.g. administrative, financial, project coordination, technical or post trade, etc.
(b) Such an employee will possess the following skills and may be required to perform the following duties:
(i) Would have studied or worked in a relevant area to develop a specialised skill in a particular profession, technical or service field above trade level or its equivalent.
(ii) Is accountable and responsible for workplace output and can work under pressure.
(iii) Generally works without supervision.
(iv) Understands all operations relevant to their job role and department.
(v) Plans training and establishment development in conformity with employer guidelines.
(vi) Has excellent knowledge of health and safety requirements.
(vii) Co-ordinates, supervises and directs the work of others in a team environment.
(c) Financial reporting, operational reporting, specialised supervision/direction of 5 or more staff, specialised maintenance or technical skills.
A.9 Grade 8
An employee at this level is an employee who possesses qualifications or experience such as advanced engineering or technical skills or post trade or diploma level or who undertakes duties of a more advanced or complex level.
A.10 Grade 9
A.10.1 An employee appointed to this level undertakes 3 or more of the following duties:
(a) Responsible for implementation of all major turf projects for the facility according to the course architects design.
(b) Responsible for the development of an annual work program for all outdoor staff that incorporates both further development and continued maintenance.
(c) Responsible for supervision of all outdoor staff.
(d) Responsible for the operation and maintenance of all turf equipment.
(e) Responsible for all work health and safety management in outdoor areas.
(f) Responsible for purchasing within the limits imposed by policy and the budget.
(g) Responsible for ensuring that all administrative systems are complied with by the staff under their direction.
A.11 Grade 10
An employee at this level may include a Golf Professional who has completed the appropriate level of training and is engaged in managing stock in a golf professional shop, retail sales and advice, developing and delivering golf coaching and club fitting programs, managing golf shop staff and managing time sheets, competition fields, cart fleets and the handicap system.
Schedule B—Summary of Hourly Rates of Pay—other than Exhibition Employees
[Varied by PR718898, PR729339, PR740764, PR762189, PR773967]
B.1 Full-time and part-time adult employees—other than exhibition employees
B.1.1 Full-time and part-time adult employees—ordinary and penalty rates
[B.1.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Ordinary hours |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||
|
|
100% |
150% |
250% |
|
|
$ |
$ |
$ |
|
Introductory level employee |
23.46 |
35.19 |
58.65 |
|
Grade 1 |
24.10 |
36.15 |
60.25 |
|
Grade 2 |
24.98 |
37.47 |
62.45 |
|
Grade 3 |
25.80 |
38.70 |
64.50 |
|
Grade 4 |
27.17 |
40.76 |
67.93 |
|
Grade 5 |
28.02 |
42.03 |
70.05 |
|
Grade 6 |
28.87 |
43.31 |
72.18 |
|
Grade 7 |
29.64 |
44.46 |
74.10 |
|
Grade 8 |
31.14 |
46.71 |
77.85 |
|
Grade 9 |
34.49 |
51.74 |
86.23 |
|
Grade 10 |
36.67 |
55.01 |
91.68 |
B.1.2 Full-time and part-time adult employees—overtime rates
[B.1.2 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Monday to Sunday |
Public holiday |
|
|
|
First 3 hours |
After 3 hours |
|
|
|
% of minimum hourly rate |
||
|
|
150% |
200% |
250% |
|
|
$ |
$ |
$ |
|
Introductory level employee |
35.19 |
46.92 |
58.65 |
|
Grade 1 |
36.15 |
48.20 |
60.25 |
|
Grade 2 |
37.47 |
49.96 |
62.45 |
|
Grade 3 |
38.70 |
51.60 |
64.50 |
|
Grade 4 |
40.76 |
54.34 |
67.93 |
|
Grade 5 |
42.03 |
56.04 |
70.05 |
|
Grade 6 |
43.31 |
57.74 |
72.18 |
|
Grade 7 |
44.46 |
59.28 |
74.10 |
|
Grade 8 |
46.71 |
62.28 |
77.85 |
|
Grade 9 |
51.74 |
68.98 |
86.23 |
|
Grade 10 |
55.01 |
73.34 |
91.68 |
B.2 Casual adult employees—other than exhibition employees
B.2.1 Casual adult employees—ordinary and penalty rates
[B.2.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Ordinary hours |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||
|
|
125% |
175% |
275% |
|
|
$ |
$ |
$ |
|
Introductory level employee |
29.33 |
41.06 |
64.52 |
|
Grade 1 |
30.13 |
42.18 |
66.28 |
|
Grade 2 |
31.23 |
43.72 |
68.70 |
|
Grade 3 |
32.25 |
45.15 |
70.95 |
|
Grade 4 |
33.96 |
47.55 |
74.72 |
|
Grade 5 |
35.03 |
49.04 |
77.06 |
|
Grade 6 |
36.09 |
50.52 |
79.39 |
|
Grade 7 |
37.05 |
51.87 |
81.51 |
|
Grade 8 |
38.93 |
54.50 |
85.64 |
|
Grade 9 |
43.11 |
60.36 |
94.85 |
|
Grade 10 |
45.84 |
64.17 |
100.84 |
B.3 Full-time and part-time junior employees—other than exhibition employees
The junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 16.2. Adult rates apply from 20 years of age in accordance with clause 16.2.
B.3.1 Full-time and part-time junior employees—ordinary and penalty rates
[B.3.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Ordinary hours |
Sunday |
Public holiday |
|
|
% of junior hourly rate |
||
|
|
100% |
150% |
250% |
|
|
$ |
$ |
$ |
|
Introductory level employee |
|
|
|
|
Under 17 years |
12.90 |
19.35 |
32.25 |
|
17 years |
15.25 |
22.88 |
38.13 |
|
18 years |
17.60 |
26.40 |
44.00 |
|
19 years |
19.94 |
29.91 |
49.85 |
|
Grade 1 |
|
|
|
|
Under 17 years |
13.26 |
19.89 |
33.15 |
|
17 years |
15.67 |
23.51 |
39.18 |
|
18 years |
18.08 |
27.12 |
45.20 |
|
19 years |
20.49 |
30.74 |
51.23 |
|
Grade 2 |
|
|
|
|
Under 17 years |
13.74 |
20.61 |
34.35 |
|
17 years |
16.24 |
24.36 |
40.60 |
|
18 years |
18.74 |
28.11 |
46.85 |
|
19 years |
21.23 |
31.85 |
53.08 |
|
Grade 3 |
|
|
|
|
Under 17 years |
14.19 |
21.29 |
35.48 |
|
17 years |
16.77 |
25.16 |
41.93 |
|
18 years |
19.35 |
29.03 |
48.38 |
|
19 years |
21.93 |
32.90 |
54.83 |
B.3.2 Full-time and part-time junior employees—overtime rates
[B.3.2 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Monday to Sunday |
Public holiday |
|
|
|
First 3 hours |
After 3 hours |
|
|
|
% of junior hourly rate |
||
|
|
150% |
200% |
250% |
|
|
$ |
$ |
$ |
|
Introductory level employee |
|
|
|
|
Under 17 years |
19.35 |
25.80 |
32.25 |
|
17 years |
22.88 |
30.50 |
38.13 |
|
18 years |
26.40 |
35.20 |
44.00 |
|
19 years |
29.91 |
39.88 |
49.85 |
|
Grade 1 |
|
|
|
|
Under 17 years |
19.89 |
26.52 |
33.15 |
|
17 years |
23.51 |
31.34 |
39.18 |
|
18 years |
27.12 |
36.16 |
45.20 |
|
19 years |
30.74 |
40.98 |
51.23 |
|
Grade 2 |
|
|
|
|
Under 17 years |
20.61 |
27.48 |
34.35 |
|
17 years |
24.36 |
32.48 |
40.60 |
|
18 years |
28.11 |
37.48 |
46.85 |
|
19 years |
31.85 |
42.46 |
53.08 |
|
Grade 3 |
|
|
|
|
Under 17 years |
21.29 |
28.38 |
35.48 |
|
17 years |
25.16 |
33.54 |
41.93 |
|
18 years |
29.03 |
38.70 |
48.38 |
|
19 years |
32.90 |
43.86 |
54.83 |
B.4 Casual junior employees—other than exhibition employees
B.4.1 Casual junior employees—ordinary and penalty rates
[B.4.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Ordinary hours |
Sunday |
Public holiday |
|
|
% of junior hourly rate |
||
|
|
125% |
175% |
275% |
|
|
$ |
$ |
$ |
|
Introductory level employee |
|
|
|
|
Under 17 years |
16.13 |
22.58 |
35.48 |
|
17 years |
19.06 |
26.69 |
41.94 |
|
18 years |
22.00 |
30.80 |
48.40 |
|
19 years |
24.93 |
34.90 |
54.84 |
|
Grade 1 |
|
|
|
|
Under 17 years |
16.58 |
23.21 |
36.47 |
|
17 years |
19.59 |
27.42 |
43.09 |
|
18 years |
22.60 |
31.64 |
49.72 |
|
19 years |
25.61 |
35.86 |
56.35 |
|
Grade 2 |
|
|
|
|
Under 17 years |
17.18 |
24.05 |
37.79 |
|
17 years |
20.30 |
28.42 |
44.66 |
|
18 years |
23.43 |
32.80 |
51.54 |
|
19 years |
26.54 |
37.15 |
58.38 |
|
Grade 3 |
|
|
|
|
Under 17 years |
17.74 |
24.83 |
39.02 |
|
17 years |
20.96 |
29.35 |
46.12 |
|
18 years |
24.19 |
33.86 |
53.21 |
|
19 years |
27.41 |
38.38 |
60.31 |
Schedule C—Summary of Hourly Rates of Pay—Exhibition Employees
[Varied by PR718898, PR729339, PR740764, PR762189, PR773967]
C.1 Ordinary hourly rate
C.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 18.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
C.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 16.1.
C.2 Full-time and part-time adult employees
C.2.1 Full-time and part-time adult employees—ordinary and penalty rates
[C.2.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of ordinary hourly rate |
|
|
|
100% |
200% |
|
|
$ |
$ |
|
Grade 2 (General hand) |
26.77 |
53.54 |
|
Grade 4 (Exhibition technician) |
29.97 |
59.94 |
|
Grade 5 (Supervisory exhibition technician) |
31.80 |
63.60 |
C.2.2 Full-time and part-time adult employees—overtime rates
[C.2.2 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Monday to Sunday |
Public holiday |
||
|
|
All work in excess of 12 hours per shift or 56 hours in a week |
Work in excess of 76 hours in a 2 week roster cycle |
All hours worked |
|
|
|
First 24 hours |
After 24 hours |
||
|
|
% of ordinary hourly rate |
|||
|
|
200% |
150% |
200% |
200% |
|
|
$ |
$ |
$ |
$ |
|
Grade 2 (General hand) |
53.54 |
40.16 |
53.54 |
53.54 |
|
Grade 4 (Exhibition technician) |
59.94 |
44.96 |
59.94 |
59.94 |
|
Grade 5 (Supervisory exhibition technician) |
63.60 |
47.70 |
63.60 |
63.60 |
C.3 Casual adult employees
C.3.1 Casual adult employees—ordinary and penalty rates
[C.3.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
|
|
Ordinary hours |
Public holiday |
|
|
% of ordinary hourly rate1 |
|
|
|
125% |
200% |
|
|
$ |
$ |
|
Grade 2 (General hand) |
31.23 |
49.96 |
|
Grade 4 (Exhibition technician) |
33.96 |
54.34 |
|
Grade 5 (Supervisory exhibition technician) |
35.03 |
56.04 |
1 Based on the minimum hourly rate in accordance with clause 16.1.
Schedule D—Summary of Monetary Allowances
[Varied by PR718898, PR719050, PR729339, PR729523, PR740764, PR740929, PR750832, PR762189, PR762355, PR773967, PR774137]
See clause 18—Allowances for full details of allowances payable under this award.
D.1 Wage-related allowances
[D.1.1 varied by PR718898, PR729339, PR740764, PR762189, PR773967 ppc 01Jul24]
D.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 a Grade 4 employee in clause 16.1 = $1032.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Special allowances for exhibition employees—full-time and part-time—general hand—flexible loading allowance* |
18.2(b) |
6.6 |
68.13 |
per week |
|
Special allowances for exhibition employees—full-time and part-time—exhibition technician—flexible loading allowance* |
18.2(b) |
7.1 |
73.29 |
per week |
|
Special allowances for exhibition employees—full-time and part-time—exhibition technician—supervisory loading allowance* |
18.2(b) |
3.2 |
33.03 |
per week |
|
Special allowances for exhibition employees—full-time and part-time—supervisory exhibition technician—flexible loading allowance* |
18.2(b) |
7.5 |
77.42 |
per week |
|
Special allowances for exhibition employees—full-time and part-time—supervisory exhibition technician—supervisory loading allowance* |
18.2(b) |
6.4 |
66.07 |
per week |
|
Special allowances for exhibition employees—full-time and part-time—general hand—flexible loading allowance* |
18.2(b) |
6.6 |
1.79 |
per hour |
|
Special allowances for exhibition employees—full-time and part-time—exhibition technician—flexible loading allowance* |
18.2(b) |
7.1 |
1.93 |
per hour |
|
Special allowances for exhibition employees—full-time and part-time—exhibition technician—supervisory loading allowance* |
18.2(b) |
3.2 |
0.87 |
per hour |
|
Special allowances for exhibition employees—full-time and part-time—supervisory exhibition technician—flexible loading allowance* |
18.2(b) |
7.5 |
2.04 |
per hour |
|
Special allowances for exhibition employees—full-time and part-time—supervisory exhibition technician—supervisory loading allowance* |
18.2(b) |
6.4 |
1.74 |
per hour |
|
Employee in charge of golf links with more than 18 holes, bowling greens or lawn tennis courts |
18.2(c) |
5.33 |
55.02 |
per week |
|
First aid allowance—weekly |
18.2(d) |
2.0 |
20.65 |
per week |
|
First aid allowance—hourly |
18.2(d) |
Weekly allowance / 38 |
0.54 |
per hour |
|
In charge of tractor plant allowance—weekly |
18.2(e) |
3.0 |
30.97 |
per week |
|
In charge of tractor plant allowance—hourly |
18.2(e) |
Weekly allowance / 38 |
0.82 |
per hour |
* This allowance applies for all purposes.
D.1.2 Automatic adjustment of wage-related allowances
[D.1.2 renamed and substituted by PR750832 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.
D.2 Expense-related allowances
[D.2.1 varied by PR719050, PR729523, PR740929, PR762355, PR774137 ppc 01Jul24]
D.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—overtime of 2 or more hours |
18.3(b) |
14.25 |
per occasion |
|
Tool allowance—Tradesperson (other than Carpenters) |
18.3(d)(i) |
15.83 |
per week |
|
Tool allowance—Carpenters |
18.3(d)(i) |
30.88 |
per week |
|
Uniform allowance—laundering—per day |
18.3(e)(iii) |
1.32 |
per day |
|
Uniform allowance—laundering maximum per week—up to |
18.3(e)(iii) |
6.62 |
per week |
|
Vehicle allowance—use of own vehicle |
18.3(f) |
0.98 |
per km |
D.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Uniform allowance |
Clothing and footwear group |
|
Tool allowance |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule E—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
E.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.
E.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.
E.3 Eligibility criteria
E.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.
E.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.
E.4 Supported wage rates
E.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 E.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.2 Provided that the minimum amount payable must be not less than $106 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.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.
E.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.
E.6 Lodgement of SWS wage assessment agreement
E.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.
E.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.
E.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.
E.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.
E.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.
E.10 Trial period
E.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.
[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 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 E.5.
Schedule F—School-based Apprentices
F.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
F.4 For the purposes of clause F.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
F.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
F.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
F.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
F.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.
F.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
F.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
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 PR747402 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
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