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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777317 and PR778056).
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 PR742720, PR747569, PR750453, PR774804, PR778056]
Schedule D —Agreement for Time Off Instead of Payment for Overtime............................. 52
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Commercial Sales Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733916, PR774804, PR777317]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
Advertising Sales Representative means a person employed, substantially away from the employer’s place of business, in soliciting orders, obtaining sales leads or appointments or otherwise promoting sales for, or selling advertising space or time of any kind.
[Definition of casual employee inserted by PR733916 from 27Sep21; varied by PR777317 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.
Commercial Traveller means a person employed, substantially away from the employer’s place of business, for the purpose of soliciting orders for, or selling articles, goods, wares or merchandise or material for wholesale sale, for resale, or for use in or in connection with the production and/or preparation and/or distribution of commodities for sale by the customer.
commission means any financial incentive payment, financial bonus or financial reward directly related to the soliciting or obtaining of orders or business by an individual Commercial Traveller, but will not be deemed to include any incentive payment, bonus or reward periodically made by the employer on the basis of profitability or performance of the employee, or any section, group or division thereof.
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 PR774804 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 PR774804 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).
home means the employee’s usual place of residence.
Merchandiser means a person who is employed away from, or substantially away from, the employer’s place of business in promoting the employer’s products, re‑ordering stock and preparing display units and gondola ends, and who in conjunction with these principal functions may solicit orders as a minor feature of the employee’s work.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) (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.
Probationary Traveller means an Advertising Sales Representative or Commercial Traveller who has less than 3 months’ service with the employer.
[Definition of small business employer inserted by PR774804 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a Commercial Traveller in clause 15.1.
[Definition of workplace delegate inserted by PR774804 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 PR743445]
4.1 This occupational award covers employers throughout Australia with respect to Commercial Travellers, Merchandisers and Advertising Sales Representatives and those employees unless any other modern award contains classifications that apply to such persons, in which case the other modern award prevails.
4.2 This award does not cover:
[4.2(a) varied by PR743445 ppc 11Jul22]
(b) employees excluded from award coverage by the Act;
(c) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(d) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.3 This award covers any employer which supplies on-hire employees in occupations set out in clause 4.1 and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. 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 trainees engaged in any of the occupations set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.1 are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
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 PR763288 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: |
|
19.3 |
Time off instead of payment for overtime |
An individual |
|
20.4 |
Conversion to hourly entitlement |
A majority of employees |
|
20.5 |
Annual leave in advance |
An individual |
|
20.10 |
Cashing out of annual leave |
An individual |
|
25.2 |
Substitution of public holiday |
An individual |
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
9.1 A full-time employee is engaged to work an average of 38 hours per week.
9.2 Any employee not specifically engaged as a part-time or casual employee is, for all purposes of this award, a full-time employee unless otherwise specified in the award.
10.1 A part-time employee is engaged to work less than an average of 38 hours per week.
10.2 An employee may be employed on a regular part-time basis in any classification in this award.
10.3 Before starting part-time employment the employer and employee must agree on:
(a) the number of hours to be worked by the employee;
(b) the days on which they will be worked; and
(c) the starting and finishing times for the work.
10.4 The terms of this agreement may be varied by consent and such variation will be in writing.
10.5 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.
[Varied by PR723885, PR733916, PR777317]
[11.1 deleted by PR733916 from 27Sep21]
11.1 Casual loading
[11.2 renumbered as 11.1 by PR733916 from 27Sep21]
[11.1(a) substituted by PR723885 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the minimum hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the minimum hourly rate.
(b) The casual loading is paid instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
[New 11.3 inserted by PR723885 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733916 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clause 19.2.
[11.3 renumbered as 11.4 by PR723885, 11.4 renumbered as 11.3 by PR733916 from 27Sep21]
11.4 Changes to casual employment status
[11.4 renumbered as 11.5 by PR723885; 11.5 renumbered as 11.4 and renamed and substituted by PR733916; renamed and substituted by PR777317 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. Statement and terms of engagement
Within 14 days from the commencement of employment, the employer will provide to each employee a written statement containing the information set out below:
(a) the remuneration payable;
(b) the vehicle allowance payable or car supplied;
(c) the rate or rates of commission payable;
(d) the conditions and terms on which commission or any part thereof is payable or not payable;
(e) deductions, if any, which are made or may be made to the commission payable; and
(f) if the employee has a territory, the boundaries or limits of the territory, provided that the employer may change territory boundaries or limits, or move employees from one territory to another on advice to the employee/s concerned.
13.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
13.2 The ordinary hours of work for a full-time employee are an average of 38 per week with a maximum of 152 hours over 28 consecutive days.
13.3 The ordinary hours of work may be worked on any days of the week.
13.4 The ordinary hours of work will not exceed 10 hours on any day.
13A. Employee right to disconnect
[13A inserted by PR778056 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 employer will allow an employee reasonable time to have regular and normal meals on each day of the employee’s employment.
15. Classifications and minimum rates
[Varied by PR720159, PR723829, PR718901, PR726419; corrected by PR726293; varied by PR729342, PR740768, PR762192, PR773970]
[15.1 varied by PR718901; corrected by PR726293; varied by PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
15.1 An employer must pay an adult employee, other than those employees specified in clause 15.2, the following minimum rates for ordinary hours worked by the employee:
|
Classification level |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Probationary Traveller1 |
932.13 |
24.53 |
|
Merchandiser |
963.00 |
25.34 |
|
Commercial Traveller/Advertising Sales Representative |
1035.70 |
27.26 |
1 The minimum weekly rate for a Probationary Traveller is based on 90% of the minimum weekly rate for a Commercial Traveller/Advertising Sales Representative.
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
15.2 The following employees are not entitled to the minimum rates set out in the table in clause 15.1:
(a) an employee receiving a supported wage (refer to Schedule C—Supported Wage System); and
(b) a trainee
[15.2(b)(i) varied by PR720159 ppc 18Jun20]
(i) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.2(b)(ii) varied by PR720159 ppc 18Jun20, PR718901 ppc 01Feb21; corrected by PR726293; varied by PR729342; corrected by PR737574; varied by PR740768, PR762192, PR773970 ppc 01Jul24]
(ii) 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 Commercial Sales Award 2020 and not the Miscellaneous Award 2020.
[Note inserted by PR723829 ppc 01Nov20; deleted by PR726419 ppc 01Feb21]
15.3 Junior minimum rates
|
Age |
% of Commercial Traveller / Advertising Sales Representative rate |
|
67.5 |
|
|
19 years |
80 |
|
20 years |
90 |
15.4 No Commercial Traveller (or Probationary Traveller) will be remunerated solely by commission payment, salary or retainer, that is lower than the minimum rate for a Commercial Traveller (or Probationary Traveller) in clause 15.1.
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 Employees will be paid weekly, fortnightly or monthly.
16.2 Wages will be paid by cash, cheque or electronic funds transfer into the employee’s nominated bank account.
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 PR719053, PR729526, PR740932, PR762358, PR774141]
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 An employer must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
17.2 Expense-related allowances
[17.2(a) varied by PR719053, PR740932, PR762358 ppc 01Jul23]
An allowance of $64.80 will be paid to an employee required by the employer to be away from home (a usual place of residence) or headquarters for any weekend.
(b) Living away from home allowance
[17.2(b) varied by PR719053, PR740932, PR762358 ppc 01Jul23]
An employee required to remain away from their usual place of residence for 2 or more consecutive nights in any one week, Monday to Sunday inclusive, in servicing the employee’s allocated area will be paid an additional allowance of $81.59 per week.
(c) Vehicle allowance
An employee required by the employer to use the employee’s motor vehicle in the performance of the employee’s duties will be paid an allowance of:
[17.2(c)(i) varied by PR729526, PR740932, PR762358, PR774141 ppc 01Jul24]
(i) $0.98 per kilometre, for use of the employee’s own motor car; and
[17.2(c)(ii) varied by PR729526, PR740932, PR762358, PR774141 ppc 01Jul24]
(ii) $0.33 per kilometre for use of the employee’s own motorcycle.
(d) Vehicle modification reimbursement
Where the employer requires the employee to alter or modify the employee’s own vehicle, the employer will reimburse to the employee the full cost of such alterations or modifications.
(e) Telephone allowance
(i) Where an employee does not have a telephone, modem or broadband connection and, at the written request of the employer, the employee is required to have such equipment, the employer must reimburse the reasonable cost of purchase, installation and rental of this equipment.
(ii) Where an employee makes telephone calls in connection with their employment on the employee’s private telephone at the direction of the employer, the employer must reimburse the reasonable cost of such calls. The employer may request details of all such calls claimed by the employee.
(f) Expenses and accommodation reimbursement
(i) In addition to the remuneration payable under clause 15—Classifications and minimum rates, all reasonable expenses actually and properly incurred by the employee in the discharge of the duties will be reimbursed by the employer, including:
· approved entertainment expenses;
· vehicle parking fees where actually and necessarily incurred;
· 3 star class hotel/motel accommodation;
· expenses for meals and morning or afternoon tea when the employee is required to be away overnight from the usual place of residence at the employee’s usual time for taking such meal, in the course of their employment;
· laundry expenses incurred by the employee after they have been away from their place of residence for more than one weekend in the course of their employment;
· first class rail tickets with sleeping accommodation (if available) on overnight journeys, and economy class airline tickets where required; and
· the cost of garaging by an employee entitled to the living away from home allowance in clause 17.2(b) when such is required by the employer.
(ii) Such expenses that can be reasonably anticipated will be paid in advance.
(g) Injury or illness requiring transport
If an employee suffers an injury or illness requiring return to their usual place of residence or to a hospital or other place where the employee may receive medical care, the expenses actually incurred in travelling to any such location will be reimbursed by the employer.
Any employee (other than a casual) who is directed or required by the employer, in writing, to relocate the employee’s residence to another area, will be reimbursed reasonable costs for relocating personal and household effects and members of their immediate dependent family. Reasonable costs expressed in clause 17.2(h) are to be the amount agreed upon, in writing, between the employer and employee prior to any relocation.
(i) Training program
An employee required by the employer to undertake any course of instruction or training will have all fees and expenses reimbursed by the employer.
[Varied by PR771359]
18.1 Superannuation legislation
[18.1 substituted by PR771359 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.
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.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771359 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(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) LUCRF Super;
(c) CareSuper;
(d) REST Superannuation;
(e) Sunsuper;
(f) MTAA Superannuation Fund;
(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.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or 18.3(b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Overtime and Penalty Rates
19. Overtime and penalty rates
[Varied by PR723885, PR763288]
19.1 Full-time and part-time employees
[19.1—Overtime renamed as Full-time and part-time employees and substituted by PR723885 ppc 20Nov20]
(a) Monday to Friday work
A full-time or part-time employee directed by the employer to perform any work after 6.00 pm Monday to Friday inclusive, or in excess of the ordinary hours of work provided in clause 13—Ordinary hours of work, will be paid at a rate of 150% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates.
(b) Saturday work
A full-time or part-time employee directed by the employer to perform any work on a Saturday will be paid at a rate of 150% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 2 hours.
(c) Sunday work
A full-time or part-time employee directed by the employer to perform any work on a Sunday will be paid at a rate of 200% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 3 hours.
[19.2—Saturday work renamed as Casual employees and substituted by PR723885 ppc 20Nov20]
(a) Monday to Friday work
A casual employee directed by the employer to perform any work after 6.00 pm Monday to Friday inclusive, or in excess of the ordinary hours of work provided in clause 13—Ordinary hours of work, will be paid at a rate of 175% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates.
(b) Saturday work
A casual employee directed by the employer to perform any work on a Saturday will be paid at a rate of 175% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 2 hours.
(c) Sunday work
A casual employee directed by the employer to perform any work on a Sunday will be paid at a rate of 225% of the applicable minimum hourly rate set out in clause 15—Classifications and minimum rates, with a minimum payment of 3 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 19.1.
[19.3 deleted by PR723885 ppc 20Nov20]
19.3 Time off instead of payment for overtime
[19.4 renumbered as 19.3 by PR723885 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 19.3(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 19.3 is set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.3 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 19.3 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 19.3 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.3(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 19.3 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.3 will apply, including the requirement for separate written agreements under clause 19.3(b) for overtime that has been worked.
[Note varied by PR763288 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 19.3 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.3.
Part 6—Leave and Public Holidays
20.1 Annual leave is provided for in the NES.
20.2 Annual leave does not apply to a casual employee.
(a) During a period of annual leave an employee who does not receive commission must also be paid a loading of 17.5% calculated on the employee’s minimum rate of pay as prescribed by clause 15—Classifications and minimum rates.
(b) Where the employee receives commission, such employee will, in addition to their ordinary pay, receive either the average of the commission payments earned over the preceding 12 months or the loading prescribed in clause 20.3(a), whichever is the greater.
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 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease.
(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 20.5 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 20.5 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 20.5, 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.
20.6 Direction to take annual leave during shutdown
[20.6 renamed and substituted by PR751092 ppc 01May23]
(a) Clause 20.6 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 20.6(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 20.6(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 20.6(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 20.6(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 20.5.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 20.5, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 20.7 to 20.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 20.6.
20.7 Excessive leave accruals: general provision
NOTE: Clauses 20.7 to 20.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(c) Clause 20.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.8 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 20.8(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.7, 20.8 or 20.9 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 20.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.8(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 20.8(d) may result in the direction ceasing to have effect. See clause 20.8(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
20.9 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 20.9(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 20.8(a) that, when any other paid annual leave arrangements (whether made under clause 20.7, 20.8 or 20.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 20.9(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.7, 20.8 or 20.9 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 20.9(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 20.9(a).
20.10 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.10.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.10.
(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 20.10 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 20.10 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 20.10 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 20.10.
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 20.10.
NOTE 3: An example of the type of agreement required by clause 20.10 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 PR763288 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 PR750453 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 PR747569]
25.1 Public holiday entitlements are provided for in the NES.
25.2 Substitution of public holidays by agreement at the enterprise
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[25.3 varied by PR747569 ppc 14Nov22]
[25.4 varied by PR747569 ppc 14Nov22]
25.5 Part-day public holidays
[25.5 substituted by PR747569 ppc 14Nov22]
(a) If a public holiday is a part-day public holiday, then in relation to leave with pay, clauses 25.3 and 25.4 apply on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(b) 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 clauses 25.3 and 25.4.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774804 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774804 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 PR763288, PR777317, PR778056]
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 PR763288; deleted by PR778056 from 26Aug24]
[Note inserted by PR778056 from 26Aug24; varied by PR777317 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.
(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 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, 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.
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—Summary of Hourly Rates of Pay
[Varied by PR718901, PR729342, PR740768, PR762192, PR773970]
A.1 Full-time and part-time adult employees
A.1.1 Full-time and part-time employees—ordinary and penalty rates
[A.1.1 varied by PR718901, PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
Other than travelling |
Travelling for work |
||||
|
|
% of minimum hourly rate |
||||
|
|
100% |
150% |
200% |
250% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Probationary Traveller |
24.53 |
36.80 |
49.06 |
61.33 |
36.80 |
|
Merchandiser |
25.34 |
38.01 |
50.68 |
63.35 |
38.01 |
|
Commercial Traveller/Advertising Sales Representative |
27.26 |
40.89 |
54.52 |
68.15 |
40.89 |
A.1.2 Full-time and part-time employees—overtime rates
[A.1.2 varied by PR718901, PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
|
|
Monday to Friday1 |
Saturday |
Sunday |
Public holidays |
|
|
Other than travelling |
Travelling for work |
||||
|
|
% of minimum hourly rate |
||||
|
|
150% |
150% |
200% |
250% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Probationary Traveller |
36.80 |
36.80 |
49.06 |
61.33 |
36.80 |
|
Merchandiser |
38.01 |
38.01 |
50.68 |
63.35 |
38.01 |
|
Commercial Traveller/Advertising Sales Representative |
40.89 |
40.89 |
54.52 |
68.15 |
40.89 |
1 After 6.00 pm or in excess of ordinary hours.
A.2 Casual adult employees
A.2.1 Casual employees—ordinary and penalty rates
[A.2.1 varied by PR718901, PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
Other than travelling |
Travelling for work |
||||
|
|
% of minimum hourly rate |
||||
|
|
125% |
175% |
225% |
275% |
175% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Probationary Traveller |
30.66 |
42.93 |
55.19 |
67.46 |
42.93 |
|
Merchandiser |
31.68 |
44.35 |
57.02 |
69.69 |
44.35 |
|
Commercial Traveller/Advertising Sales Representative |
34.08 |
47.71 |
61.34 |
74.97 |
47.71 |
A.3 Junior employees
The junior hourly rate is based on a percentage of the adult Commercial Traveller/Advertising Sales Representative rate in accordance with clause 15.3 as specified. Adult rates apply from 21 years of age in accordance with clause 15.3.
A.3.1 Full-time and part-time junior employees (Commercial Traveller/Advertising Sales Representative)—ordinary and penalty rates
[A.3.1 varied by PR718901, PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
|
Age |
Junior hourly rate—ordinary hours |
Saturday |
Sunday |
Public holidays |
||
|
Other than travelling |
Travelling for work |
|||||
|
|
% of junior hourly rate |
|||||
|
|
100% |
150% |
200% |
250% |
150% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
|
Under 19 years of age |
18.40 |
27.60 |
36.80 |
46.00 |
27.60 |
|
|
19 years of age |
21.81 |
32.72 |
43.62 |
54.53 |
32.72 |
|
|
20 years of age |
24.53 |
36.80 |
49.06 |
61.33 |
36.80 |
|
A.3.2 Junior employees (Commercial Traveller/Advertising Sales Representative)—overtime
[A.3.2 varied by PR718901, PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
|
Age |
Monday to Friday |
Saturday |
Sunday |
Public holidays |
|
|
Other than travelling |
Travelling for work |
||||
|
|
% of junior hourly rate |
||||
|
|
150% |
150% |
200% |
250% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Under 19 years of age |
27.60 |
27.60 |
36.80 |
46.00 |
27.60 |
|
19 years of age |
32.72 |
32.72 |
43.62 |
54.53 |
32.72 |
|
20 years of age |
36.80 |
36.80 |
49.06 |
61.33 |
36.80 |
A.3.3 Junior employees (Commercial Traveller/Advertising Sales Representative)—casual employees—ordinary and penalty rates
[A.3.3 varied by PR718901, PR729342, PR740768, PR762192, PR773970 ppc 01Jul24]
|
Age |
Casual junior rate—ordinary hours |
Saturday |
Sunday |
Public holidays |
|
|
Other than travelling |
Travelling for work |
||||
|
|
% of junior hourly rate |
||||
|
|
125% |
175% |
225% |
275% |
175% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Under 19 years of age |
23.00 |
32.20 |
41.40 |
50.60 |
32.20 |
|
19 years of age |
27.26 |
38.17 |
49.07 |
59.98 |
38.17 |
|
20 years of age |
30.66 |
42.93 |
55.19 |
67.46 |
42.93 |
Schedule B—Summary of Monetary Allowances
[Varied by PR719053, PR729526, PR740932, PR762358, PR774141]
See clause 17—Allowances for full details of allowances payable under this award.
B.1 Expense-related allowances
[B.1.1 varied by PR719053, PR729526, PR740932, PR762358, PR774141 ppc 01Jul24]
|
Allowance |
Clause |
$ |
Payable |
|
Weekend allowance |
17.2(a) |
64.80 |
per weekend |
|
Living away from home allowance |
17.2(b) |
81.59 |
per week |
|
Vehicle allowance—Motor car |
17.2(c)(i) |
0.98 |
per km |
|
Vehicle allowance—Motorcycle |
17.2(c)(ii) |
0.33 |
per km |
B.1.2 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 |
|
Vehicle allowance |
Private motoring sub-group |
|
Living away from home allowance |
Domestic holiday travel and accommodation sub-group |
|
Weekend allowance |
Domestic holiday travel and accommodation sub-group |
Schedule C—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
C.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.
C.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.
C.3 Eligibility criteria
C.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.
C.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.
C.4 Supported wage rates
C.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 C.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.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.
C.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.
C.6 Lodgement of SWS wage assessment agreement
C.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.
C.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.
C.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.
C.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.
C.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.
C.10 Trial period
C.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.
C.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.
[C.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.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 C.5.
Schedule D—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 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 PR747569 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048; deleted by PR742720 ppc 17Jun22]
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