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Sporting Organisations Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777315 and PR778055).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
28—Dispute resolution
Table of Contents
[Varied by PR718141, PR742720, PR747404, PR750544, PR774803, PR778055]
Part 1—Application and Operation of this Award
1.1 This award is the Sporting Organisations Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733938, PR774803, PR777315]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
[Definition of casual employee inserted by PR733938 from 27Sep21; varied by PR777315 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.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774803 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 PR774803 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
national sporting organisation means the national governing body for a sport or the organisation conducting the elite level national competition for a sport.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
NSO means the national sporting organisation for the sport in which the coach is coaching.
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.
[Definition of small business employer inserted by PR774803 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum wage for Clerical and administrative staff—Grade 2 in clause 15.2(a).
State or Territory sporting organisation has the meaning given in clause 4.2.
[Definition of workplace delegate inserted by PR774803 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.
4.3 Exclusions
This award does not cover:
(a) Chief Executive Officers;
(b) coaches employed by the Australian Football League and the Victorian Football League who do not earn their principal income as coaches. In particular, it will not apply to those coaches in the Victorian State Football League Under 18 program, which is conducted by the Australian Football League throughout Victoria, with additional sites in Hobart and Canberra;
(c) Chief Executive Officers and Executives at the second and third tiers of management, including the Director of Finance, Assistant Director and the State Coach or similar at the Cricket Australia level, provided that the State coach is remunerated at a level in excess of that laid down in this award;
(d) employees of racing clubs;
(e) 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;
(f) 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; and
(g) employees excluded from award coverage by the Act;
4.4 This award covers any employer which supplies labour on an on-hire basis in the State or Territory sporting organisations 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award covers employers which provide group training services for trainees engaged in the State or Territory sporting organisations industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 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 the 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 PR763287 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 28—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: |
|
13.1(e) |
Banking of rostered days off |
An individual |
|
19.5 |
Time off instead of payment for overtime |
An individual |
|
20.7 |
Annual leave in advance |
An individual |
|
20.8 |
Cashing out of annual leave |
An individual |
|
25.2, 25.3 |
Substitution of public holidays |
An individual |
|
25.5 |
Payment for time worked on public holidays |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement, an employer will inform each employee in writing of the terms of their engagement and, in particular, whether they are to be full-time, part‑time or casual.
9.1 A full-time employee is engaged to work an average of 38 ordinary hours per week.
9.2 A full-time employee must be provided with a written statement setting out their:
(a) classification;
(b) relevant minimum wage; and
(c) terms of engagement.
10.1 A part-time employee is an employee who:
(a) is engaged to work less than 38 ordinary hours per week;
(b) has regular, reasonably predictable and continuous employment; 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, on the basis that ordinary weekly hours for full-time employees are 38 hours per week.
(a) the hours worked each day, including the starting and finishing time; and
(b) which days of the week the employee will work.
10.3 A copy of the agreement specified in clause 10.2 must be provided to the employee.
10.4 The terms of engagement may be varied by consent. Changes to the agreed pattern of work may only be made by:
(a) agreement in writing between the employee and employer; or
(b) at least 7 days’ notice in writing being given by the employer to the employee, provided that there is no reduction in the total agreed number of ordinary weekly hours of work.
10.5 An employer is required to roster a part-time employee in blocks of not less than 4 hours on any day.
[Varied by PR723971, PR733938, PR750544, PR777315]
[11.1 deleted by PR733938 from 27Sep21]
[11.2 renumbered as 11.1 and substituted by PR733938 from 27Sep21]
11.1 When engaging a casual employee, the employer must inform the employee that they are employed as a casual, their classification level and the relevant minimum wage.
[11.3 substituted by PR723971 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733938 from 27Sep21]
11.2 For each ordinary hour worked, a casual employee must be paid:
(a) the minimum hourly rate for the classification in which they are employed; and
(b) a loading of 25% of the minimum hourly rate.
[Note inserted by PR750544 ppc 15Mar23]
NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.
[11.4 renumbered as 11.3 by PR733938 from 27Sep21; deleted by PR750544 ppc 15Mar23]
[New 11.5 inserted by PR723971 ppc 20Nov20; 11.5 renumbered as 11.4 by PR733938; 11.4 renumbered as 11.3 by PR750544 ppc 15Mar23]
11.3 The casual loading will not be paid for overtime hours worked.
[11.5 renumbered as 11.6 by PR723971, 11.6 renumbered as 11.5 by PR733938; 11.5 renumbered as 11.4 by PR750544 ppc 15Mar23]
11.4 Casual employees must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.
[11.6 renumbered as 11.7 by PR723971, 11.7 renumbered as 11.6 by PR733938; 11.6 renumbered as 11.5 by PR750544 ppc 15Mar23]]
11.6 Changes to casual employment status
[11.7 renumbered as 11.8 by PR723971; 11.8 renumbered as 11.7 and renamed and substituted by PR733938; 11.7 renumbered as 11.6 by PR750544; renamed and substituted by PR777315 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 28—Dispute resolution.
12.1 A description of the classifications under this award is set out in Schedule A—Classification Definitions.
12.2 For coaching and related staff classifications, see clause A.3.
12.3 For clerical and administrative staff classifications, see clause A.4.
13. Ordinary hours of work and rostering
13.1 Clerical and administrative staff
(a) Ordinary hours are worked between 6.00 am and 6.00 pm, Monday to Sunday.
(b) The ordinary hours for full-time employees will be determined by the employer, and will be an average of 38 hours per week.
(c) Ordinary hours are to be worked on one of the following bases:
(i) by employees working 38 ordinary hours on 5 days per week; or
(ii) by employees working the following ordinary hours over 19 days in a 20 day work cycle:
· 40 hours in each of 3 weeks and 32 hours in one week in the 20 day work cycle; or
(iii) by employees working the following ordinary hours over nine days in a 10 day work cycle:
· 42 ordinary hours in one week and 34 ordinary hours in one week in the 10 day work cycle; or
(iv) by employees working 38 hours on 4 days in each 5 day work cycle.
(d) Ordinary hours of work for a full-time employee must not exceed 11 hours on any one day.
13.2 Coaching staff
Ordinary hours for coaching staff are provided for in the NES.
13A. Employee right to disconnect
[13A inserted by PR778055 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.
An employee is entitled to an unpaid meal break of between 30 and 60 minutes, which will start no later than 5 hours after the employee starts work.
[Varied by PR720159, PR723829, PR718900, PR726419, PR730832, PR729341, PR731022, PR740767, PR762191, PR767897, PR773969]
15.1 Coaching and related staff
[15.1(a) varied by PR718900, PR729341, PR740767, PR762191, PR773969 ppc 01Jul24]
An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum annual rate (full-time employee) |
Minimum weekly rate1 (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
$ |
|
Coach Grade 1 |
61,108 |
1172.00 |
30.84 |
|
Coach Grade 2 |
68,569 |
1315.10 |
34.61 |
|
Coach Grade 3 |
82,403 |
1580.40 |
41.59 |
|
Coach Grade 4 |
93,434 |
1792.00 |
47.16 |
1 For the purposes of ascertaining the weekly rates for the Coaching and related staff classifications in clause 15.1(a), the per annum rates were divided by 52.14 and rounded to the nearest $0.10.
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[15.1(b)(i) varied by PR767897 ppc 31Dec23]
(i) Junior employees will be entitled to the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:
|
Age |
% of the appropriate adult minimum wage in clause 15.1(a) |
|
Under 18 years |
70 |
|
At 18 years |
80 |
|
At 19 years |
90 |
|
At 20 years |
100 |
(ii) A junior employee who, at the age of 18 or older, has been continuously employed for 12 months will be paid the full adult rate for their classification.
15.2 Clerical and administrative staff
[15.2(a) varied by PR718900, PR729341, PR740767, PR762191, PR773969 ppc 01Jul24]
An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Grade 1 |
963.60 |
25.36 |
|
Grade 2 |
994.20 |
26.16 |
|
Grade 3 |
1032.30 |
27.17 |
|
Grade 4 |
1075.40 |
28.30 |
|
Grade 5 |
1126.60 |
29.65 |
|
Grade 6 |
1181.20 |
31.08 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[15.2(b)(i) varied by PR767897 ppc 31Dec23]
(i) Junior employees will be entitled to the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:
|
Age |
% of Grade 1 or 2 |
|
Under 18 years |
70 |
|
At 18 years |
80 |
|
At 19 years |
90 |
|
At 20 years |
100 |
(ii) A junior employee who, at the age of 18 or older, has been continuously employed for 12 months will be paid the full adult rate for their classification.
15.3 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
[15.4(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.4(b) varied by PR720159 ppc 18Jun20, PR718900, PR729341, PR740767, PR762191, PR773969 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 Sporting Organisations 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]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Wages must be paid weekly or fortnightly, unless otherwise mutually agreed, up to a monthly maximum period.
16.2 Employees will be paid by cash, cheque or electronic funds transfer, as determined by the employer, into a bank or financial institution account nominated by the employee.
16.3 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 16.3(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 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. 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 PR719052, PR729525, PR740931, PR762357, PR774140]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
17.2 Overtime meal allowance—clerical and administrative staff
[17.2 varied by PR719052, PR729525, PR740931, PR762357, PR774140 ppc 01Jul24]
A clerical and administrative employee required to work overtime after 7.00 pm will be provided with a substantial meal by the employer or paid a meal allowance of $17.92 per meal.
[17.3 varied by PR729525, PR740931, PR762357, PR774140 ppc 01Jul24]
An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of $0.98 per kilometre.
17.4 Out-of-pocket expenses
The employer will reimburse an employee all reasonable and documented out-of-pocket expenses incurred by the employee in the course of their employment.
17.5 Travelling
An employee required to travel away from their home city or town will have the cost of travel (including airport parking charges) reimbursed by the employer, unless the employer provides transport.
17.6 Meal allowances—travelling
(a) Where an employer requires an employee to travel, and the travel is conducted during a specified meal time, the employer must supply the employee with a meal or reimburse the employee their reasonable expenses for a meal.
(b) The specified meal times are:
(i) breakfast—between 7.00 am and 9.00 am;
(ii) lunch—between noon and 2.00 pm; and
(iii) dinner—between 6.00 pm and 8.00 pm.
Where it is necessary for an employee to be away from home overnight for employment purposes, the employer will reimburse the employee for all reasonable expenses incurred for accommodation, meals and incidentals. Clause 17.7 will not apply if the employer provides accommodation and meals.
17.8 Training programs—coaches
If a coach is required as a condition of their employment to attend specified training programs, the employer will reimburse the coach for the cost of attending such training programs. Clause 17.8 will not apply where the training is provided at the employer’s expense.
[Varied by PR771358, PR773121]
18.1 Superannuation legislation
[18.1 substituted by PR771358 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
18.2 Superannuation legislation
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.4 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.4(a) or 18.4(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.4(a) or 18.4(b) was made.
18.5 Superannuation fund
[18.5 varied by PR771358; corrected by PR773121 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.3 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.3 and pay any amount authorised under clauses 18.4(a) or 18.4(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) Media Super;
(b) AMP Superannuation Savings Trust;
(c) HESTA;
(d) HOSTPLUS Superannuation Fund;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
[Varied by PR723971, PR763287]
19.1 Clause 19 only applies to Clerical and Administrative staff.
19.2 Definition of overtime
[19.2(a) varied by PR723971 ppc 20Nov20]
(a) Overtime work for full-time employees is any work performed outside of ordinary hours, on any day or shift, as defined by clause 13—Ordinary hours of work and rostering.
[New 19.2(b) inserted by PR723971 ppc 20Nov20]
(b) Overtime work for part-time employees is any work performed in accordance with clause 10.6.
[New 19.2(c) inserted by PR723971 ppc 20Nov20]
(c) Overtime work for casual employees is any work performed:
(i) in excess of 38 hours per week averaged over 4 weeks; or
(ii) in excess of 11 hours per day; or
(iii) outside the span of hours of 6.00 am to 9.00 pm.
[19.2(b) renumbered as 19.2(d) by PR723971 ppc 20Nov20]
(d) In calculating overtime, each day’s work stands alone.
19.3 Daily overtime will be compensated as follows:
(a) up to and including the first hour of overtime will be paid at 150% of the minimum hourly rate; and
(b) overtime in excess of one hour will be paid at 150% of the minimum hourly rate for the first 2 hours and 200% thereafter.
[New 19.4 inserted by PR723971 ppc 20Nov20]
19.4 The casual loading prescribed by clause 11.2(b) will not be paid for overtime hours worked.
19.5 Time off instead of payment for overtime
[19.4 renumbered as 19.5 by PR723971 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.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE: By making an agreement under clause 19.5 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 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.
(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in 19.5(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.5 will apply for overtime that has been worked.
[Note varied by PR763287 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.5.
Part 6—Leave and Public Holidays
20.1 Annual leave is provided for in the NES. Clause 20 contains additional provisions.
In addition to the entitlements in the NES, full-time and part-time coaches are entitled to additional leave on the following basis:
|
Number of days worked on weekends |
Additional leave |
|
6–8 days |
1 working day |
|
9–11 days |
2 working days |
|
12–14 days |
3 working days |
|
15–17 days |
4 working days |
|
18 days or more |
5 working days |
20.3 Annual leave loading
In addition to their ordinary pay, an employee will be paid an annual leave loading of 17.5% of their ordinary pay for their period of annual leave excluding any additional leave under clause 20.2.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
20.4 Excessive leave accruals: general provision
NOTE: Clauses 20.4 to 20.6 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 20.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.5 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 20.4(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 20.5(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 20.4, 20.5 or 20.6 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 20.5(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.5(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 20.5(d) may result in the direction ceasing to have effect. See clause 20.5(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.
20.6 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.4(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 20.6(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 20.5(a) that, when any other paid annual leave arrangements (whether made under clause 20.4, 20.5 or 20.6 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 20.6(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 20.4, 20.5 or 20.6 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 20.6(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 20.6(a).
(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 20.7 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 20.7 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.7, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
20.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.8.
(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 20.8 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 20.8 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 20.8 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 20.8.
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 20.8.
NOTE 3: An example of the type of agreement required by clause 20.8 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.
21. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
22. Parental leave and related entitlements
[22 varied by PR763287 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 28—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750544 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 PR747404]
25.1 Public holiday entitlements are provided for in the NES.
25.2 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
25.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[25.4 varied by PR747404 ppc 14Nov22]
25.4 For all time worked on a public holiday or substituted day or part-day, an employee must be paid at 250% of the minimum hourly rate.
(a) be given an additional day’s annual leave; or
(b) be allowed a day off work without deduction of pay within 28 days of the public holiday.
[25.6 substituted by PR747404 ppc 14Nov22]
25.6 If a public holiday is a part-day public holiday, then clause 25.5 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774803 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774803 from 01Jul24]
25A.1 Clause 25A 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 25A.
25A.2 In clause 25A:
(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.
25A.3 Before exercising entitlements under clause 25A, 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.
25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
25A.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.
25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.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.
25A.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 25A.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.
25A.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.
25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate’s entitlements under clause 25A 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 25A 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 25A 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 25A.
26. Consultation about major workplace change
26.1 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.
26.2 For the purposes of the discussion under clause 26.1(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.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).
26.5 In clause 26 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.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 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.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 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 PR763287, PR777315, PR778055]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 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.
28.6 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.
28.7 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 28.
28.8 While procedures are being followed under clause 28 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.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763287; deleted by PR778055 from 26Aug24]
[Note inserted by PR778055 from 26Aug24; varied by PR777315 from 27Aug24]
NOTE: In addition to clause 28, 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.
29.1 Notice of termination by an employee
(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 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 29.1(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 29.1(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 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(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 29.2 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.
30.1 Transfer to lower paid duties on redundancy
(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
30.2 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 30 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.
30.3 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 30.3(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 30.3(b).
(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
Schedule A—Classification Definitions
A.1 The classification criteria in this schedule provide guidelines to determine the appropriate classification level of persons employed under this award. In determining the appropriate level, consideration must be given to both the characteristics and typical duties/skills. The characteristics are the primary guide to classification as they indicate the level of basic knowledge, comprehension of issues and problems that may arise, procedures required and the level of supervision or accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill, or many of them, depending on the particular work allocated.
A.2 The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform per se. It will be noted that some typical duties/skills appear in more than one level, however when assigning a classification to an employee this needs to be done by reference to the specific characteristics of the level.
A.3.1 Coach Grade 1
(a) A Coach Grade 1 has formal coaching qualifications and works under the supervision of a well-qualified coach in applying established techniques and methods in a program. The coach may be starting on a professional coaching career and may assist in a range of coaching duties including drawing up training programs and supervising programs for individuals and squads. The coach may be conducting development programs and recreational classes.
(b) A Coach Grade 1 may be a technical specialist who is involved only in narrow technical elements of the total program for the sport and is not undertaking development for a broader role.
(c) A Coach Grade 1 may be a coach of junior athletes or teams or an assistant coach who has only just obtained formal coaching qualifications and is starting on a professional coaching career. The coach may be a full-time or part-time field officer working in schools with established development programs for their sport. The coach may be conducting development programs and recreational classes.
A.3.2 Coach Grade 2
(a)
A Coach Grade 2 must meet Coach Grade 1 descriptors and generally
have coaching accreditation above the entry level accreditation for the
relevant National Sporting Organisation (NSO) and a minimum of 2 years
successful coaching experience at the appropriate level. A Coach Grade 2 may
work under general guidance of a Coach Grade 3 or Coach Grade 4 and is expected
to be competent in a range of coaching duties at the appropriate level and to
exercise independent judgment in the resolution of problems that arise with
athletes and teams.
(b) A coach at this level develops and supervises intensive skill development and training programs for athletes, utilising sports science and sports medicine services. They accept responsibility for their results, measured in terms of performance at significant sporting events. The coach is able to assess and counsel athletes, and prepare competition programs.
(c) The coach may be a State Development Officer, supporting and promoting the sport in the education area, to provide the delivery of physical activity to the wider spectrum.
(d) The coach may be a State Coaching Director responsible for the education of coaches and the co‑ordination of coaching courses for both accreditation and updating.
A.3.3 Coach Grade 3
(a) A Coach Grade 3 must meet Coach Grade 2 descriptors and have advanced qualifications in sports coaching and considerable experience in successfully coaching elite athletes, leading to recognition and standing as an authority in the sport nationally or internationally. The Coach works under broad direction in terms of program objectives, possessing a high degree of coaching knowledge, exercising independent judgment and taking responsibility for major parts of programs. The Coach contributes to the development of coaching in the sport nationally and to the development and promotion of the sport itself.
(b) A coach at this level will have demonstrated the ability to devise and implement an elite sports program, effectively utilising sports science and sports medicine services. The Coach is well versed in the latest developments in the sport internationally and is capable of innovative and original work, by world standards, for their sport. The Coach contributes directly to policies and requires an understanding of the wider policy and strategic context. In addition to the technical coaching role, a Coach Grade 3 may have some planning and management responsibilities for programs.
(a) A Coach Grade 4 must meet Coach Grade 3 descriptors, have accredited expertise/competence in sports coaching, substantial experience in successfully coaching elite athletes and demonstrated ability to establish and run an elite program. The Coach will have recognition and standing as an authority in their sport internationally and exercise major influence on the overall development of the sport in Australia.
(b) A Coach Grade 4 has a role in the design and implementation of the elite program for the sport. Within a total budget and the broad parameters set by agreement between the employer and the National Sporting Organisation (NSO), they run the program with a high degree of independence, having responsibility for the success of the program. Elements include talent identification, specialised training programs, competition schedules, sports science and sports medicine, educational and vocational development of athletes, active promotion of the employer, relationships with the NSO and State Institutes and contribution to the overall development of the sport.
(c) Selection and development of coaches is a major responsibility. A Coach Grade 4 is expected to know the latest developments in the sport internationally and to demonstrate innovation and originality in their coaching. As experience increases, a Coach Grade 4 is expected to contribute to planning and development and to improve the standard of coaching and athlete performance in the sport as a whole. A Coach Grade 4 must hold the highest level of (NSO) accreditation available in their sport, or equivalent.
A.4 Clerical and administrative staff
A.4.1 Grade 1
An employee in this grade performs, and is accountable for, clerical and office tasks as directed. The employee works within established routines, methods and procedures. Supervision is direct.
A.4.2 Grade 2
An employee in this grade performs clerical and office tasks, using a more extensive range of skills and knowledge at a level higher than required in Grade 1. The employee is responsible and accountable for their own work, which is performed within established routines, methods and procedures. Supervision is routine.
A.4.3 Grade 3
An employee in this grade is responsible and accountable for their own work which is performed within established guidelines. They exercise limited discretion within the range of their skills and knowledge. Supervision is general.
A.4.4 Grade 4
An employee in this grade performs clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 3. They are responsible and accountable for their own work, and exercise discretion and initiative in the organisation of work within prescribed limits. Supervision is limited.
A.4.5 Grade 5
An employee in this grade is responsible and accountable for the work of others. They exercise initiative, discretion and judgment within the range of their skills and knowledge. Supervision is minimal.
A.4.6 Grade 6
An employee in this grade performs clerical and administrative
duties using a more extensive range of skills and knowledge at a level higher
than required in Grade 5. The employee is responsible and accountable for their
own work and may have responsibility for the work of a section or unit. The
employee exercises initiative, discretion and judgment within the range of
their skills and knowledge. Supervision is by means of reporting to more senior
staff as required.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718900, PR729341, PR740767, PR747404, PR762191, PR773969]
B.1 Full-time and part-time adult employees
B.1.1 Full-time and part-time coaching and related staff employees—ordinary, overtime and penalty rates
[B.1.1 varied by PR718900, PR729341, PR740767, PR747404, PR762191, PR773969 ppc 01Jul24]
|
Employee classification |
Ordinary hours |
Public holiday – not given extra day or part-day |
Public holiday – given extra day or part-day |
|
|
% of minimum hourly rate |
||
|
|
100% |
250% |
150% |
|
|
$ |
$ |
$ |
|
Coach Grade 1 |
30.84 |
77.10 |
46.26 |
|
Coach Grade 2 |
34.61 |
86.53 |
51.92 |
|
Coach Grade 3 |
41.59 |
103.98 |
62.39 |
|
Coach Grade 4 |
47.16 |
117.90 |
70.74 |
B.1.2 Full-time and part-time clerical and administrative staff employees—ordinary and penalty rates
[B.1.2 varied by PR718900, PR729341, PR740767, PR747404, PR762191, PR773969 ppc 01Jul24]
|
Employee classification |
Ordinary hours |
Public holiday – not given extra day or part-day |
Public holiday – given extra day or part-day |
|
|
% of minimum hourly rate |
||
|
|
100% |
250% |
150% |
|
|
$ |
$ |
$ |
|
Grade 1 |
25.36 |
63.40 |
38.04 |
|
Grade 2 |
26.16 |
65.40 |
39.24 |
|
Grade 3 |
27.17 |
67.93 |
40.76 |
|
Grade 4 |
28.30 |
70.75 |
42.45 |
|
Grade 5 |
29.65 |
74.13 |
44.48 |
|
Grade 6 |
31.08 |
77.70 |
46.62 |
B.1.3 Full-time and part-time clerical and administrative staff employees—overtime rates
[B.1.3 varied by PR718900, PR729341, PR740767, PR762191, PR773969 ppc 01Jul24]
|
Employee classification |
Monday to Sunday |
|
|
First 2 hours |
After 2 hours |
|
|
|
% of minimum hourly rate |
|
|
|
150% |
200% |
|
|
$ |
$ |
|
Grade 1 |
38.04 |
50.72 |
|
Grade 2 |
39.24 |
52.32 |
|
Grade 3 |
40.76 |
54.34 |
|
Grade 4 |
42.45 |
56.60 |
|
Grade 5 |
44.48 |
59.30 |
|
Grade 6 |
46.62 |
62.16 |
B.2.1 Casual coaching and related staff employees—ordinary and penalty rates
[B.2.1 varied by PR718900, PR729341, PR740767, PR747404, PR762191, PR773969 ppc 01Jul24]
|
Employee classification |
Ordinary hours |
Public holiday – not given extra day or part-day |
Public holiday – given extra day or part-day |
|
|
% of minimum hourly rate |
||
|
|
125% |
275% |
175% |
|
|
$ |
$ |
$ |
|
Coach Grade 1 |
38.55 |
84.81 |
53.97 |
|
Coach Grade 2 |
43.26 |
95.18 |
60.57 |
|
Coach Grade 3 |
51.99 |
114.37 |
72.78 |
|
Coach Grade 4 |
58.95 |
129.69 |
82.53 |
B.2.2 Casual clerical and administrative staff employees—ordinary and penalty rates
[B.2.2 varied by PR718900, PR729341, PR740767, PR747404, PR762191, PR773969 ppc 01Jul24]
|
Employee classification |
Ordinary hours |
Public holiday – not given extra day or part-day |
Public holiday – given extra day or part-day |
|
|
% of minimum hourly rate |
||
|
|
125% |
275% |
175% |
|
|
$ |
$ |
$ |
|
Grade 1 |
31.70 |
69.74 |
44.38 |
|
Grade 2 |
32.70 |
71.94 |
45.78 |
|
Grade 3 |
33.96 |
74.72 |
47.55 |
|
Grade 4 |
35.38 |
77.83 |
49.53 |
|
Grade 5 |
37.06 |
81.54 |
51.89 |
|
Grade 6 |
38.85 |
85.47 |
54.39 |
Schedule C—Summary of Monetary Allowances
[Varied by PR719052, PR729525, PR740931, PR762357, PR774140]
[C.1 varied by PR719052, PR729525, PR740931, PR762357, PR774140 ppc 01Jul24]
C.1 The following expense-related allowances will be payable to employees in accordance with clause 17—Allowances:
|
Allowance |
Clause |
$ |
Payable |
|
Overtime meal allowances—clerical and administrative staff—overtime after 7.00 pm |
17.2 |
17.92 |
per occasion |
|
Vehicle allowance |
17.3 |
0.98 |
per km |
C.1.1 Adjustment of expense-related allowances
C.1.2 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.
C.1.3 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 |
|
Vehicle allowance |
Private motoring sub-group |
Schedule D—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
D.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.
D.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.
D.3 Eligibility criteria
D.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.
D.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.
D.4 Supported wage rates
D.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 D.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.4.2 Provided that the minimum amount payable must be not less than $106 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.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.
D.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.
D.6 Lodgement of SWS wage assessment agreement
D.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.
D.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.
D.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.
D.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.
D.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.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.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.
[D.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.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 D.5.
Schedule E—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule F—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule G—Part-day Public Holidays deleted by PR747404 ppc 14Nov22]
[Sched X inserted by PR718141 ppc 08Apr20; deleted by PR742720 ppc 17Jun22]
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