MA000087

Sugar Industry Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 August 2023 (PR763292).

Clause(s) affected by the most recent variation(s):

6Requests for flexible working arrangements

29Overtime and penalty rates—other than shiftworkers

33Parental leave and related entitlements

39Dispute resolution

 

Table of Contents

[Varied by PR746868, PR750548]

Part 1— Application and Operation of this Award.............................................................. 4

1. Title and commencement............................................................................................. 4

2. Definitions.................................................................................................................... 4

3. The National Employment Standards and this award.................................................. 5

4. Coverage....................................................................................................................... 6

5. Individual flexibility arrangements.............................................................................. 7

6. Requests for flexible working arrangements................................................................ 9

7. Facilitative provisions.................................................................................................. 9

Part 2— Types of Employment and Classifications............................................................ 10

8. Full-time employees................................................................................................... 10

9. Part-time employees................................................................................................... 10

10. Casual employees....................................................................................................... 11

11. Seasonal employees.................................................................................................... 12

12. Apprentices................................................................................................................. 12

13. Trainees...................................................................................................................... 16

14. Classifications............................................................................................................. 16

Part 3— Hours of Work......................................................................................................... 17

15. Ordinary hours of work and rostering—other than shiftworkers............................... 17

16. Breaks......................................................................................................................... 20

Part 4— Field Sector—Wages and Allowances................................................................... 21

17. Minimum rates............................................................................................................ 21

18. Allowances................................................................................................................. 24

Part 5— Milling, Distillery, Refinery and Maintenance—Wages and Allowances.......... 24

19. Minimum rates............................................................................................................ 24

20. Allowances................................................................................................................. 30

Part 6— Bulk Terminal Operations—Wages and Allowances.......................................... 40

21. Minimum rates............................................................................................................ 40

22. Allowances................................................................................................................. 41

Part 7— Other Wage Related Provisions............................................................................. 42

23. Payment of wages....................................................................................................... 42

24. Higher duties.............................................................................................................. 44

25. School-based apprentices........................................................................................... 44

26. Supported wage system.............................................................................................. 44

27. National training wage............................................................................................... 44

28. Superannuation........................................................................................................... 44

Part 8— Overtime, Penalty Rates and Shiftwork............................................................... 46

29. Overtime and penalty rates—other than shiftworkers................................................ 46

30. Shiftwork.................................................................................................................... 50

Part 9— Leave and Public Holidays..................................................................................... 56

31. Annual leave............................................................................................................... 56

32. Personal/carer’s leave and compassionate leave........................................................ 61

33. Parental leave and related entitlements...................................................................... 62

34. Community service leave........................................................................................... 62

35. Family and domestic violence leave.......................................................................... 62

36. Public holidays........................................................................................................... 62

Part 10— Consultation and Dispute Resolution.................................................................. 62

37. Consultation about major workplace change............................................................. 62

38. Consultation about changes to rosters or hours of work............................................ 63

39. Dispute resolution....................................................................................................... 64

40. Dispute resolution procedure training leave............................................................... 65

Part 11— Termination of Employment and Redundancy.................................................. 66

41. Termination of employment....................................................................................... 66

42. Redundancy................................................................................................................ 67

Schedule A —Classification Definitions—Field Sector....................................................... 71

Schedule B —Classification Definitions—Milling, Distillery, Refinery and Maintenance 78

Schedule C —Classification Definitions—Bulk Terminal Operations............................ 102

Schedule D —Summary of Hourly Rates of Pay............................................................... 103

Schedule E —Summary of Monetary Allowances............................................................. 116

Schedule F —School-based Apprentices............................................................................ 120

Schedule G —Supported Wage System.............................................................................. 121

Schedule H —National Training Wage.............................................................................. 124

Schedule I —Agreement to Take Annual Leave in Advance........................................... 134

Schedule J —Agreement to Cash Out Annual Leave....................................................... 135

Schedule KAgreement for Time Off Instead of Payment for Overtime..................... 136


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Sugar Industry 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.

2.                      Definitions

[Varied by PR733939]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means a person over 21 years of age at the time of entering into a training contract as provided for in clause 12Apprentices.

apprentice includes an adult apprentice.

bulk terminal operations is defined at clause 4.2(e). The terms and conditions of bulk terminal operations employees are found at Part 6 of this Award.

by-product means any product manufactured or processed in the sugar industry apart from sugar crystal (this may include, for example, ethanol, molasses, furfural and compost).

[Definition of casual employee inserted by PR733939 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

distillery sector is defined at clause 4.2(d). The terms and conditions of distillery sector employees are found at Part 5 of this Award.

employee means national system employee within the meaning of the Act.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

field sector is defined at clause 4.2(a). The terms and conditions of field sector employees are found at Part 4 of this Award.

milling sector is defined at clause 4.2(b). The terms and conditions of milling sector employees are found at Part 5 of this Award.

minimum hourly rate means the award minimum weekly rate divided by 38.

minor construction means construction work carried out at the business of an employer under this award on the operations of that employer, by that employer’s employees but does not include any construction work carried out by a contractor.

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

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

nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year.

nominal slack season means that period that is not the nominal crushing season.

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.

refinery sector is defined at clause 4.2(c). The terms and conditions of refinery sector employees are found at Part 5 of this Award.

[Definition of regular casual employee inserted by PR733939 from 27Sep21]

regular casual employee has the meaning given by section 12 of the Act.

seasonal employee means an employee specifically engaged as or deemed to be a seasonal employee in accordance with clause 11Seasonal employees.

standard rate means the minimum hourly rate prescribed for C10/L6 classification in clause 19.1.

sugar industry has the meaning given in clause 4.2.

3.                      The National Employment Standards and this award

3.1                   The NES and this award contain the minimum conditions of employment for employees covered by this award.

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3                   The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4.                      Coverage

[Varied by PR764072]

4.1                   This award covers employers throughout Australia in the sugar industry and their employees who are covered by the classifications in this award.

4.2                   In this award sugar industry means the following:

[4.2(a) varied by PR764072 from 11Jul23]

(a)          field sector: all sugar cane farming operations including the operations of contractors performing general farm work, cane harvesting and haul out work and farm management; cane testing; and pest, disease control, advisory and research operations of Cane Protection and Productivity Boards and Sugar Research Australia Limited;

(b)         milling sector: sugar milling including the following operations of the sugar miller: operations of transporting and processing cane including cane railway construction, maintenance, repair and operation; factory maintenance, repair and operation; raw sugar refining at a sugar mill; by-product manufacture and processing at a sugar mill; and packaging operations performed at a sugar mill;

(c)          refinery sector: refining raw sugar at sugar refineries and those refineries’ own packaging and storage operations;

(d)         distillery sector: distilling operations of sugar by-products for industrial purposes and packaging work in a distilling operation directly linked to a sugar mill;

(e)          bulk terminal operations: bulk (packed or loose) receival, storage, outloading and ship loading at the industry’s bulk terminals, including handling incidental commodities or material; and

(f)           the generation and/or transmission of power and/or steam that is ancillary or incidental to the employer’s activities in clauses 4.2(b) to 4.2(d) (albeit that excess power may be sold into the grid).

4.3                   Where a sugar industry employer is also engaged in another industry not covered by this award the employees of that employer in the other industry will be covered by the industry award of that other industry.

4.4                   This award covers any employer which supplies labour on an on-hire basis in the sugar 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 apprentices and/or trainees engaged in the sugar industry and/or parts of that industry and those apprentices and/or 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                   The award does not cover:

(a)          employees of employers covered by the Manufacturing and Associated Industries and Occupations Award 2020.

(b)         an employer to whom another modern industry or occupation award applies in respect of an employee to whom that other award applies, or to such an employee; or

(c)          employees excluded from award coverage by the Act;

(d)         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

(e)          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.

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

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

5.                      Individual flexibility arrangements

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

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

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

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

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

(a)          give the employee a written proposal; and

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

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

5.6                   An agreement must do all of the following:

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

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

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

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

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

5.7                   An agreement must be:

(a)          in writing; and

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

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

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

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

5.11               An agreement may be terminated:

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

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

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

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

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

6.                      Requests for flexible working arrangements

[6 substituted by PR763292 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 39Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

[Varied by PR733939]

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 varied by PR733939 from 27Sep21]

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

Clause

Provision

Agreement between an employer and:

15.2(d)(iv) and 15.3(e)(iv)

Rostered days off—substitution of days

An individual

15.2(d)(v) and 15.3(e)(v)

Rostered days off—banking of days

An individual

15.3(a)

Averaging of weekly ordinary hours – exceeds 28 days

The majority of employees

15.3(c)

Altering spread of hours

An individual or the majority of employees

16.1(d)

Rest breaks

The majority of employees

16.4(d)

Rest breaks

The majority of employees

23.1(c)

Payment of wages—frequency

The majority of employees

29.6

Time off instead of payment for overtime

An individual

29.7

Make-up time

An individual

30.1(b)

Averaging of weekly ordinary hours—shiftworkers—exceeds 28 days

The majority of employees

30.9(a)

Nominal crushing season—shiftwork—hours of work

The majority of employees

30.10(a)

Nominal slack season—shiftwork—reducing length of shift

The majority of employees

30.10(d)

Rostered day off

The majority of employees

30.10(f)

Nominal slack season—shiftwork—Rostered days off—banking of days

The majority of employees

31.4

Annual leave in advance

An individual

31.10

Cashing out of annual leave

An individual

   

Part 2—Types of Employment and Classifications

8.                      Full-time employees

8.1                   An employee:

(a)          whose average weekly ordinary hours of employment are 38 hours; and

(b)         who is not specifically engaged as a seasonal, part-time or casual employee,

is for all purposes of this award a full-time employee, unless otherwise specified in this award.

9.                      Part-time employees

9.1                   A part-time employee is an employee engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

9.2                   Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.

9.3                   At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the numbers of hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

9.4                   Changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one week’s notice in advance of the changed hours.

9.5                   An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift except:

(a)          for bulk sugar terminals employees where the minimum engagement will be 4 hours per shift and 16 hours per week; and

(b)         for refinery employees where the minimum engagement will be 8 hours per week.

9.6                   All time worked outside the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

9.7                   A part-time employee employed under the provisions of clause 9 must be paid for ordinary hours worked at the minimum hourly rate for the class of work performed.

9.8                   Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee must not lose pay for the day. Where the part-time employee works on the public holiday, the part-time employee must be paid at the rate of 250% of the minimum hourly rate.

10.                 Casual employees

[Varied by PR723979, PR733939]

[10.1 deleted by PR733939 from 27Sep21]

[10.2 renumbered as 10.1 by PR733939 from 27Sep21]

10.1               Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.

[10.3 renumbered as 10.2 by PR733939 from 27Sep21]

10.2               Casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate each time they are required to attend for work.

10.3               Casual loading

[10.4 renumbered as 10.3 by PR733939 from 27Sep21]

[10.3(a) substituted by PR723979 ppc 20Nov20]

(a)          For each ordinary hour worked a casual employee must be paid:

(i)           the minimum hourly rate for the class of work performed; and

(ii)        a loading of 25% of the minimum hourly rate.

(b)         The casual loading is paid instead of entitlements to paid leave and other matters from which casuals are excluded by the terms of this award and the NES.

(c)          The casual loading does not constitute part of the casual employee’s all-purpose rate.

10.4               Payment for working overtime

[New 10.5 inserted by PR723979 ppc 20Nov20; 10.5 renumbered as 10.4 by PR733939 from 27Sep21]

When a casual employee works overtime, they must be paid the overtime rates in clauses 29Overtime and penalty rates—other than shiftworkers and 30Shiftwork.

10.5               Offers and requests for casual conversion

[10.5 renumbered as 10.6 by PR723979; 10.6 renumbered as 10.5 and renamed and substituted by PR733939 from 27Sep21]

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

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 39Dispute resolution.

[10.6 renumbered as 10.7 by PR723979; deleted by PR733939 from 27Sep21]

11.                 Seasonal employees

11.1 A seasonal employee is an employee engaged by the employer on a full time or part time basis, on or about the commencement of the crushing season, for the purpose of performing duties directly and indirectly related to crushing season operations and whose duties are completed and employment terminated on or about the end of the mill’s crushing season.

11.2 For the purpose of a 38 hour week only, all employees not specifically engaged as seasonal who are engaged after the first Monday of June in any one year and before the first Monday in June in the subsequent year, will be deemed to be seasonal until the first Monday of June in that subsequent year.

12.                 Apprentices

12.1               Apprentices may be engaged in trades or occupations that are provided for in:

(a)          Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and

(b)         Schedule C—Classification Definitions—Bulk Terminal Operations,

(c)          where declared or recognised by an apprenticeship authority.

12.2               For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

12.3               In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State or Territory provided that the provisions of the statute or regulation are not inconsistent with this award, in which case the provisions of this award will apply.

12.4               An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the relevant training package determined from time to time by Manufacturing Skills Australia or its successors and endorsed by the Council of Australian Governments (COAG) Industry and Skills Council or it successor. Such apprenticeships include but are not limited to the following trades:

(a)          Engineering Tradesperson (Mechanical);

(b)         Engineering Tradesperson (Fabrication);

(c)          Engineering Tradesperson (Electrical/Electronic);

(d)         Higher Engineering Tradesperson and Advanced Engineering Tradesperson.

12.5               An apprentice may also be engaged where the qualification outcome specified in the training contract is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the COAG Industry and Skills Council or its successor.

12.6               An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State or Territory legislation and the apprenticeship authority.

12.7               The probationary period of an apprentice is as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but must not exceed 3 months.

12.8               Training arrangements

(a)          Apprentice conditions

(i)           Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(ii)         An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(iii)       Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.8 operates subject to the provisions of Schedule F—School-based Apprentices.

(iv)       The notice of termination provisions of the NES apply to apprentices. Subject to clause 42.5(c) the redundancy provisions of the NES do not apply to apprentices.

(b)         Payment of fees and textbooks

(i)            Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training under the training contract, will be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the apprentice commencing training with the Registered Training Organisation (RTO), unless there is unsatisfactory progress.

(ii)         Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.8(b)(i).

(c)          Travel payment for block release training

(i)           Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from the training. Provided that clause 12.8(c) will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(ii)         For the purposes of clause 12.8(c) excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 12.8(c) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(iii)       The amount payable by an employer under clause 12.8(c) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

12.9               The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

12.10           The minimum rates applying to apprenticeships are dealt with in clauses 19.6, 19.7, 21.2 and 21.3. No apprentice is to work under a system of payment by results.

12.11           Competency based completion

(a)         Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

(b)         The nominal period of the apprenticeship is 4 years, however this period may be varied:

(i)           to make up ‘time’ pursuant to clause 12.13; and/or

(ii)         with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired.

(c)          Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

(i)           the qualification specified in the training agreement is successfully completed; and

(ii)         the apprentice has the necessary practical experience to achieve competency in the skills covered by the training agreement, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

(iii)       the requirements of the relevant State/Territory apprenticeship authority and any requirements of Manufacturing Skills Australia with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(iv)       with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

12.12           An apprentice under the age of 18 years is not required to work overtime or shiftwork unless such an apprentice so desires. No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

12.13           Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

12.14           Any person engaged as an apprentice as at 1 January 2010 is deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship.

13.                 Trainees

13.1               The terms of this award apply to trainees covered by the National Training Wage provisions in Schedule HNational Training Wage, trainees in the technical field, trainee engineers, trainee scientists and trainees under the Certificate in Sugar Milling, except where otherwise stated in this award.

13.2               A trainee in the technical field must be allowed reasonable time (not exceeding an average of 8 hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose, years of experience as a trainee is equivalent to years of apprenticeship.

13.3               The course of study each year for a trainee engineer or trainee scientist must be agreed between the employer and trainee so that the maximum attendance at the approved educational institution does not exceed 3 nights per week of 2 hours’ lecture or 3 hours’ practical work. All other time necessary for attendance at the approved educational institution to permit compliance with the prescribed syllabus must be allowed time off during the day without loss of pay. In the event of disagreement between the employer and the trainee regarding the course of study for any year, the recommendation of the educational institution must be accepted.

13.4               A trainee engineer or trainee scientist is not obliged to work overtime when it interferes with studies and no trainee engineer or trainee scientist is to be employed on shiftwork except at their own request during academic vacations.

13.5               A trainee engineer or trainee scientist is to be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examinations in any subject or subjects being studied for the year.

14.                 Classifications

14.1               Classifications for employees covered by this award are set out in

(a)          Schedule A—Classification Definitions—Field Sector;

(b)         Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and

(c)          Schedule C—Classification Definitions—Bulk Terminal Operations.

14.2               Employers must advise their employees in writing of their classification and of any changes to their classification.

14.3               The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

Part 3—Hours of Work

15.                 Ordinary hours of work and rostering—other than shiftworkers

[Varied by PR730923]

15.1               Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

15.2               Field sector

(a)         The average ordinary working hours for field sector employees will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.

(b)         The ordinary hours of work for field sector employees will not exceed 152 hours in any consecutive period of 4 weeks.

(c)          All ordinary time worked on Saturdays or Sundays will be paid at 150% of the minimum hourly rate.

(d)         Rostered days off

(i)           An employee entitled to a rostered day off during their work cycle must either:

·   be given 4 weeks’ notice by the employer in advance of the weekday the employee is to take off; or

·   arrange the rostered day off by mutual agreement with the employer.

(ii)         Rostered days off may be arranged in accordance with annual or seasonal rosters that reflect the operational requirements of the business.

(iii)       An employer may substitute the day an employee is to take off for another day for the following reasons:

·   in case of a break down in machinery; or

·   a failure or shortage of electric power; or

·   to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of operations); or

·   for farm field sector employees, to manage wet weather and/or those circumstances for which the field sector employer is not responsible or over which the field sector employer has no control.

(iv)       An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(v)         Where working the 38 hour week is agreed to in accordance with clause 15.2, an employee and the employer may agree to a banking system of rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer.

(vi)       At least 5 days’ notice must be given before taking the banked rostered day(s) off.

(vii)     No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However, the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.

(viii)   Employees terminated prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

(ix)       Employees who work on a rostered day off basis each 20 day cycle are entitled to 12 rostered days off in a 12 month period.

15.3               Other than field sector

(a)          By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(b)         Weekly hours of work—day workers

(i)           The ordinary hours of work are to be an average of 38 per week.

(ii)         The ordinary hours of work may be worked from 6.00 am to 6.00 pm Monday to Friday.

(iii)       Not more than 10 hours exclusive of meal breaks (except if paid for at overtime rates) are to be worked in any one day.

(c)          Altering spread of hours

[15.3(c) substituted by PR730923 ppc 01Jul21]

The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. The spread of hours (6.00 am to 6.00 pm) may be moved up to one hour forward or one hour back by agreement between an employer and:

(i)           the majority of employees at the workplace;

(ii)         the majority of employees in a discrete section of the workplace; or

(iii)       an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

(d)         Work outside spread

Work done outside the hours of 6.00 am to 6.00 pm, other than in accordance with clause 15.3(c), will be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of clause 15.

(e)          Notice of rostered days off

(i)            An employee entitled to a rostered day off during their work cycle must either:

·   be given 4 weeks’ notice by the employer in advance of the weekday the employee is to take off; or

·   arrange the rostered day off by mutual agreement with the employer.

(ii)         Rostered days off may be arranged in accordance with annual or seasonal rosters that reflect the operational requirements of the business.

(iii)       An employer may substitute the day an employee is to take off for another day for the following reasons:

·   in case of a break down in machinery;

·   a failure or shortage of electric power; or

·   to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of operations).

(iv)       An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(v)         Where working the 38 hour week is agreed to in accordance with clause 15.3, an employee and the employer may agree to a banking system of rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer.

(vi)       At least 5 days’ notice must be given before taking the banked rostered day(s) off.

(vii)     No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.

(viii)   Employees terminated prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

(ix)       Employees who work on a rostered day off basis each 20 day cycle are entitled to 12 rostered days off in a 12 month period.

16.                 Breaks

16.1               Meal breaks – day workers

(a)          A meal break of between 30 minutes and 60 minutes must be allowed to each day worker.

(b)         The meal break must commence no later than 5 hours after starting work or after resuming work from a previous meal break.

(c)          Employees required to work through meal breaks must be paid at 200% of the minimum hourly rate for all time so worked until a meal break is allowed.

(d)         Meal times may be altered or staggered by agreement between the employer and the majority of employees directly affected.

(e)          Meal times must be taken at a time so as not to interfere with continuity of work.

16.2               Crib breaks—shiftworkers

(a)          A crib break of 30 minutes must be allowed to each shift worker to be taken without deduction of pay.

(b)         Employees may be required to take their crib at their workplace.

(c)          Where a shiftworker is not relieved for crib and is unable to have a break of 30 minutes for crib within a period of 40 minutes from the time of commencing crib, the employee will be entitled to an additional 30 minutes’ pay at ordinary rates.

16.3               Breaks—field sector employees

In the case of field sector employees, breaks may be taken at times agreed between the employer and employee to meet the operational requirements of the business.

16.4               Rest break

(a)          All employees must be allowed a 10 minute rest break in each half of the day and on Saturday morning overtime whenever they work more than 4 hours.

(b)         Rest breaks will be taken at such times as will not interfere with the continuity of work where continuity is necessary.

(c)          Rest breaks are to be counted as time worked.

(d)         While rest breaks must not be eliminated, by mutual agreement between the employer and the majority of employees concerned, rest breaks may be taken in a manner which results in both rest breaks being combined and the day then being divided into 3 approximately equal working periods.

(e)          In the case of bulk terminal employees the rest breaks will be for 15 minutes. At the request of the supervisor, the rest breaks may be combined into one 30 minute rest break and may also be joined with the meal break in clause 16.1 to make a combined break of one hour.

16.5               Meal breaks on overtime

(a)          A day worker who is required to continue working at their usual work for more than one hour after the fixed finishing time must be allowed:

(i)           a meal break of 30 minutes after the first hour worked; and

(ii)         a meal break of 45 minutes after each further 4 hours worked,

without deduction of pay.

(b)         An employee called out to work must be granted a meal break of 30 minutes after each 4 hours of work without deduction of pay.

(c)          If an employee is called out to work overtime and is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, a meal must be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.

Part 4—Field Sector—Wages and Allowances

17.                 Minimum rates

[Varied by PR718905, PR729346, PR740773, PR762196]

[17.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

17.1               The following rates apply to field, experiment stations and cane tester employees classified under Schedule A—Classification Definitions—Field :

Classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

Single contract hourly rate1

 

$

$

$

Cultivation/Cane Production (adult)

 

 

 

CPT (Inductee/Trainee)

867.20

22.82

26.24

CP1 (Level 1)

929.00

24.45

28.12

CP2 (Level 2)

959.70

25.26

29.05

Cane Haulage

 

 

 

CHAUT (Inductee/Trainee)

908.10

23.90

27.49

CHAU1 (Level 1)

929.00

24.45

28.12

CHAU2 (Level 2)

959.70

25.26

29.05

Cane Harvesting

 

 

 

CHART (Inductee/Trainee)

929.00

24.45

28.12

CHAR1 (Level 1)

959.70

25.26

29.05

CHAR2 (Level 2)

995.00

26.18

30.11

Cane Testers

 

 

 

CT1 (Level 1)

861.40

22.67

26.07

CT2 (Level 2)

911.90

24.00

27.60

CT3 (Level 3)

959.70

25.26

29.05

CT4 (Level 4)

1019.00

26.82

30.84

1 Includes an additional 15% loading in accordance with clause 17.2.

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

17.2               Single contract hourly rate

(a)          Field sector employees may be engaged in writing on a single contract hourly rate basis and will be paid 115% of the minimum hourly rate and must be paid that rate for each and every hour of work, instead of the provisions of clauses 15.2(c), 29.1 and 29.2 irrespective of the number of hours worked per day or per pay period or the days of the pay period on which work is performed.

(b)         The minimum hourly rate, for the purposes of clause 17, is the minimum hourly rate for the employee’s classification in clause 17.1.

(c)          Employees employed on this basis will be entitled to all other entitlements contained in this award.

17.3               Piecework

Field sector employees may be engaged in writing on a piecework basis as follows:

(a)          An agreement for piecework may be entered into between the employer and the individual employee for the performance of any work to be done under this award, and the pieceworker will receive a minimum piecework rate sufficient to equal the payment for the actual hours worked based on both ordinary time and overtime as the case may be, in the relevant pay period plus a loading of 20%.

(b)         Each piecework agreement must be reviewed half way through the crushing season and at the end of the crushing season to ensure that the employee has received the full entitlements owing.

(c)          Each piecework agreement must be in writing and signed by both parties and each employee will be supplied with a copy of such agreement free of charge and a copy of the mutual agreement will be provided to the employee’s representative, if any.

(d)         The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level.

(e)          The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level plus a loading of 20%.

(f)           Casual employees may be engaged on a piecework basis in accordance with clause 17.3. Casual piecework employees are entitled to both the casual loading specified in clause 10.3(a) and the piecework loading specified in clause 17.3(a). Each loading is to be calculated on the minimum hourly rate identified in clause 17 for the employee’s classification level and not on a compounding basis.

(g)          For the purposes of clause 17.3(f), the hourly rate of pay for casual piecework employees is the total of the following:

·  the minimum hourly rate; and

·  the casual loading of 25% of the minimum hourly rate; and

·  the piecework loading of 20% of the minimum hourly rate,

for the employee’s classification level.

17.4               Junior rates—Cultivation/Cane Production

The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification CP2 (Level 2).

Age

% of the minimum weekly rate for CP2 (Level 2)

Under 18 years

56

18–19 years

70

18.                 Allowances

[Varied by PR718905, PR729346, PR729530, PR740773, PR740936, PR762196, PR762363]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1               Employers must pay to an employee the allowances the employee is entitled to under clause 18.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

18.2               Wage-related allowances

(a)          Work in water and cleaning drains

[18.2(a) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $1.17 per hour for time spent in cleaning drains where the water is over 76.2 cm in depth.

18.3               Expense-related allowances

(a)          Vehicle allowance

[18.3(a) varied by PR729530, PR740936, PR762363 ppc 01Jul23]

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.

Part 5—Milling, Distillery, Refinery and Maintenance—Wages and Allowances

19.                 Minimum rates

[Varied by PR718905, PR729346, PR733939, PR740773, PR762196]

[19.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

19.1               The following rates apply to adult milling, distillery, refinery and maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:

Classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

C14/L2

859.30

22.61

C13/L3

882.80

23.23

C12/L4

914.90

24.08

C11/L5

945.00

24.87

C10/L6

995.00

26.18

C9/L7

1026.20

27.01

C8/L8

1057.40

27.83

C7/L9

1085.60

28.57

C6

1140.70

30.02

NOTE 1: The hourly rates for ordinary hours in clause 19.1 and Schedule D clauses D.2.1 and D.2.3 as they apply to employees in sugar mills are notionally expressed on the basis of a 38 hour divisor. Where an averaging system is worked in accordance with clause 19.3 the divisor for the purposes of establishing minimum hourly rates for employees in sugar mills is as provided in clauses 19.3(b) and (c). All penalty rates are calculated based on a divisor of 38.

NOTE 2: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

19.2               Classification definitions in Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance for C14 to C11 do not apply in sugar mills.

19.3               Method of work and payment for ordinary hours

For the purposes of an average 38 hour working week in sugar mills, employees will be provided with unpaid rostered days off during the nominal slack season. To accommodate rostered days off the method of working ordinary hours and the method of payment will be as follows:

(a)          During the nominal slack season, as defined in clause 30.2, an employer will be deemed to have paid the minimum weekly rate prescribed if:

(i)           in the case of an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2Definitions, the employee is paid a total of 2 weeks’ minimum pay over the 2 weeks’ cycle; and

(ii)         in the case of seasonal employees and employees deemed to be seasonal as defined in clause 2Definitions the employee is paid a total of 4 weeks’ minimum pay over the 4 weeks’ cycle.

(b)         During the nominal slack season, as defined in clause 30.2, an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 36 and seasonal employees and employees deemed to be seasonal in clause 2Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 38.

(c)          During the nominal crushing season as defined in clause 30.2, all employees will be paid for all ordinary hours worked each week at the weekly rate divided by 40.

(d)         In no case will the average rate calculated in accordance with clause 19.3 be less than the relevant minimum hourly rate in clause 19.1.

19.4               Supervisor/Trainer/Coordinator

Minimum hourly rate for Supervisor/Trainer/Coordinator of milling, distillery, refinery or maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:

(a)          Supervisor/Trainer/Coordinator Level I

[19.4(a) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level I is that of their classification level calculated on the competencies they hold and use as required on the job or 104.3% of the standard rate per hour ($27.31) if the employee is not classified based on competencies.

(b)         Supervisor/Trainer/Coordinator Level II

[19.4(b) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level II is that of their classification level calculated on the competencies they hold and use as required on the job or 113.1% of the standard rate per hour ($29.61) if the employee is not classified based on competencies.

(c)          Supervisor/Trainer/Coordinator—Technical

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Technical, shall be not less than 107% of the minimum hourly rate applicable to the employee’s technical classification, providing that this does not result in double-counting supervisor, trainer or coordinator competencies that were part of the basis for the employee’s technical classification.

19.5               Junior rates

(a)          The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification level 2 (C14).

Age

% of the minimum weekly rate for level 2 (C14)

Employees less than 15 years of age

50

Employees at 15 years of age

65

Employees at 16 years of age

75

Employees at 17 years of age

90

(b)         From 18 years of age, the minimum rate prescribed for adults must apply.

(c)          Employees who are appointed to level C13/L3 or above must be paid the rate appropriate to that level.

(d)         Junior employees must receive the respective percentage of the rates, including the full amount of any applicable allowances as provided for under this award.

19.6               Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

The minimum rate for apprentices who commenced an apprenticeship prior to 1 January 2014 are, except as provided for in clause 19.8Adult apprentice minimum rates, as set out in the following table:

Relevant rate for an apprentice at the time of entering into a training agreement

Stage of apprenticeship

Completed
Year 10 or less

Completed
Year 11

Completed
Year 12

Adult
(i.e. 21 years of age or over)

Stage 1

42% of the C10 trades rate

54.64% of the C13 rate

The relevant rate applicable to a trainee commencing after year 12 under National Training Wage Skill Level A.

National Training Wage Traineeship Skill Level B exit rate.

Stage 2

55% of the C10 trades rate

55% of the C10 trades rate

The relevant rate applicable to a trainee commencing at year 12 plus one year under National Training Wage Skill Level A.

C14 rate

Stage 3

75% of the C10 trades rate

75% of the C10 trades rate

75% of the C10 rate

C13 rate

Stage 4

88% of the C10 trades rate

88% of the C10 trades rate

C12 rate

C12 rate

19.7               Minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014

[19.7 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

The minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014, except as provided for in clause 19.8Adult apprentice minimum rates are as set out below (% are of the C10 rate at clause 19.1):

 

Column 1

Column 2

Column 3

Stage of apprenticeship

Has not completed year 12

Has completed year 12

Adult apprentice aged 21+

%

Min weekly rate
$

Hourly rate
$

%

Min weekly rate
$

Hourly rate
$

%

Min weekly rate
$

Hourly rate
$

Stage 1

50

497.50

13.09

55

547.25

14.40

80

796.00

20.95

Stage 2

60

597.00

15.71

65

646.75

17.02

C14

859.30

22.61

Stage 3

75

746.25

19.64

75

746.25

19.64

C13

882.80

23.23

Stage 4

88

875.60

23.04

C12

914.90

24.08

C12

914.90

24.08

19.8               Adult apprentice minimum rates

(a)          A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training contract. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 19 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

[19.8(b) substituted by PR733939 from 27Sep21]

(b)         Clause 19.8 applies where the employee, immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months as a full-time employee or 12 months as a part-time or regular casual employee.

19.9               Competency based progression

(a)          The minimum rates for each stage of the apprenticeship are set out in clauses 19.6 to 19.8. The conditions for progression to each stage where the training plan provides for the completion of a relevant engineering tradesperson AQF III qualification are set out in the following table:

Stage of apprenticeship

Progression requirements

Stage 1

No entry requirements

Stage 2

An apprentice enters Stage 2:

On attainment of 25% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or

12 months after commencing the apprenticeship (subject to clause 12.12),

whichever is the earlier.

Stage 3

An apprentice enters Stage 3:

On attainment of 50% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or

12 months after commencing Stage 2 (subject to clause 12.12),

whichever is the earlier.

Stage 4

An apprentice enters Stage 4:

On attainment of 75% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or

12 months after commencing Stage 3 (subject to clause 12.12),

whichever is the earlier.

(b)         For the purpose of competency based wage progression in clause 19.9(a) an apprentice will be paid at the relevant rate for the next stage of their apprenticeship if:

(i)           competency has been achieved in the relevant proportion of the total units of competency specified in clause 19.9(a) for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(ii)         any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iii)       either:

(A) the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or

(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(c)          If the employer disagrees with the assessment of the RTO referred to in clause 19.9(b)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(d)         For the purposes of clause 19.9, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of competency, for the purpose of the training packages and for the purpose of clause 19.9, is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(e)          The apprentice will be paid the rate referred to in clause 19.9(b) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 19.9(b)(iii) or on a date as determined under the dispute resolution process in clause 19.9(c).

20.                 Allowances

[Varied by PR718905, PR719057, PR729346, PR729530, PR740773, PR740936, PR762196, PR762363]

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.

20.1               Employers must pay to an employee the allowances the employee is entitled to under clause 20.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

20.2               Wage-related allowances

(a)          Applying obnoxious substances

[20.2(a)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           An employee engaged in the preparation and/or the application of epoxy based materials or materials of a like nature including Swiftvulc paint must be paid an allowance of $0.91 per hour.

(ii)         Where there is an absence of adequate natural ventilation the employer must provide ventilation by artificial means and/or supply an approved type of respirator. In addition, protective clothing must be supplied.

(iii)       Proper washing facilities together with towels, soap and a plentiful supply of water must be provided by the employer, as required.

(iv)       For the purpose of clause 20.2 all materials which include or require the addition of a catalyst hardener and reactive additives or 2 pack catalyst system will be deemed to be materials of a like nature.

(b)         Asbestos

[20.2(b)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           Employees must be paid an allowance of $0.86 per hour when required to use materials containing asbestos or to work in close proximity to employees using those materials in connection with maintenance or replacement work.

(ii)         Employees must be provided with and must use all necessary safeguards including wearing mandatory protective equipment (i.e. combination overalls and breathing equipment or similar apparatus).

(c)          Bagasse bins

Employees who during the crushing season are required to perform work below the level of the top catwalk in bagasse bins for periods of time in excess of those listed below are to be paid an additional 100% of the minimum hourly rate, for the actual time involved in such work on each occasion:

(i)           During crushing operations—a minimum period of 10 minutes on any occasion.

(ii)         During non-crushing operations—a minimum period of 20 minutes on any occasion.

Provided that the rates for wet, hot or noxious gas fumes, confined space and repair work in this award must not be paid in addition to this allowance.

(d)         Boiler cleaning—engine driver

[20.2(d)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           An engine driver must be paid an allowance of $2.15 per hour when engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser.

(ii)         This rate applies instead of the special rates for hot places, wet places, confined spaces, dirty work and boiler repairs.

(e)          Brick cutting

[20.2(e) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees using a brick cutting machine must be paid an allowance of $0.67 per hour whilst so engaged.

(f)           Carting and/or handling cement

[20.2(f)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           Employees engaged in carting and/or handling cement must be paid an allowance of $4.07 per day in addition to their ordinary rate whilst so engaged.

(ii)         This will not apply when quantities of less than 508 kg are carted or handled.

(g)          Chimney stacks

Employees engaged on cleaning and tarring or painting chimney stacks must be supplied with overalls and must be paid an allowance of

[20.2(g)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           $5.43 for the first 4 hours or any portion thereof; and

[20.2(g)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(ii)         $1.11 for each hour thereafter,

on any day whilst so engaged.

(h)         Chipping rollers

[20.2(h) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees chipping rollers with pneumatic chisels must be paid $0.98 per hour above the rates prescribed for general mill workers with a minimum additional payment of $5.01 per day whilst so engaged.

(i)            Cleaner, greaser or oiler

[20.2(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

If a cleaner, greaser or oiler sometimes under the supervision of an engine driver stops or starts an engine they must be paid an allowance of $38.75 per week.

(j)           Cleaning dirty machinery

[20.2(j) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.67 per hour when required to clean by hand or while assisting to dismantle before cleaning, gear and/or cog wheels, engine or roller beds.

(k)         Cleaning molasses tanks

[20.2(k) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.67 per hour when engaged in cleaning out molasses tanks from the inside.

(l)            Cleaning under carrier

[20.2(l) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.67 per hour when required to clean under the carrier.

(m)       Confined spaces

[20.2(m) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

An allowance of $0.91 per hour will be paid to employees required to carry out maintenance or cleaning inside the following when they are enclosed: cold mill boilers, combustion chambers, water drums of boilers, fire boxes, flues, vapour pipes, the base of chimney stacks, flywheel or gearing pits, condensers, effets, evaporators, vacuum pans, clarifiers, mud tanks, filter drums, effet supply tanks, lime tanks, or lime mixer barrels, drier drums, distributors, crystalliser and fugals or fugal baskets.

(n)         Employees handling building blocks

Employees employed handling blocks (other than cindicrete blocks for plugging purposes) must be paid additional amounts as follows:

[20.2(n)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           for blocks over 5.5 kg and up to 9 kg—$0.75 per hour;

[20.2(n)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(ii)         over 9 kg and up to 18 kg—$1.29 per hour;

[20.2(n)(iii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(iii)       over 18 kg—$1.87 per hour.

An employee will not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with mechanical aid or with an assisting employee.

(o)          First aid

[20.2(o) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $15.60.

(p)         Grinding shredder hammer

[20.2(p) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.59 per hour when required to grind shredder hammers after such hammers have been re‑tipped with Hardex weld, with a minimum payment of 4 hours.

(q)         Handling molasses

[20.2(q) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.73 per hour when handling molasses in drums where the molasses has spilt so that the employee’s clothes become appreciably contaminated.

(r)          Height money

[20.2(r)(i) PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           Employees must be paid an allowance of $0.43 per hour when required to perform work at a height of between 15.24 and 22.86 metres above the ground or low water level or nearest horizontal plane.

[20.2(r)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(ii)         Employees must be paid an allowance of $0.67 per hour when required to perform work at a height of more than 22.86 metres above the ground or low water level or nearest horizontal plane.

(s)           High pressure cleaning machines

[20.2(s) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.67 per hour when operating high pressure cleaning machines for the cleaning of dirty machinery or operating degreasing machines.

(t)           Hot work etc.

(i)           Employees must be paid an additional 100% of the minimum hourly rate for the actual time spent on cleaning or maintenance work inside:

·   hot effets;

·   hot flues;

·   hot vacuum pans;

·   hot boilers;

·   hot combustion chambers; or

·   hot fire boxes of mill boilers,

where the ambient temperature, having been raised by artificial means, is 45 degrees Celsius or more.

(ii)         Employees will perform such work for 10 minutes on each occasion the work is performed before the additional rate applies.

(iii)       Employees will not be paid this allowance for recovery time or for time spent working as a member of a crew outside the hot place.

(iv)       This allowance will be instead of any other provision relating to hot work, unpleasant conditions, confined spaces, repair work, dirty work, or wet work.

(u)         Crushing season—juice superheaters

[20.2(u)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           Employees must be paid an allowance of $0.89 per hour when manually cleaning juicing superheaters with brushes on weekdays during the crushing season.

(ii)         Provided that this allowance will not be paid when superheaters are cleaned with chemicals.

(v)          Insulation work

[20.2(v)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           An employee must be paid an allowance of $0.91 per hour when working in a dust laden atmosphere caused by using materials for insulating, deafening or pugging work. For example, when pumice, charcoal, or any other substitute, including cork and sawdust is used or when working on insulating work in an average temperature of 7 degrees Celsius or under.

[20.2(v)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(ii)         An employee must be paid an allowance of $0.86 per hour while employed on work involving handling charcoal, pumice, slagwool, insulwool or other loose material of a like nature used in the construction, repair or demolition of roofing, flooring, walls or partitions, for providing insulation against heat, cold or noise.

[20.2(v)(iii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(iii)       Employees must be provided with gloves and paid an allowance of $0.91 per hour in addition to the rates prescribed while engaged in using hot bitumen or fixing insulation materials with hot bitumen.

(w)        Lagging steam pipes

[20.2(w) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees engaged in lagging steam pipes or steam vessels must be paid an allowance of $0.67 per hour.

(x)          Operating jackhammers, etc.

[20.2(x) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees engaged in operating jackhammers, or manually operated pneumatic tampers or spikers must be paid an allowance of $0.67 per hour with a minimum additional payment of $3.43 per day.

(y)          Pressure welding allowance

[20.2(y) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

An employee who is required to perform pressure welding must be paid an allowance of $33.23 per week while so engaged. The allowance will be paid on a daily basis on any day an employee is required to perform pressure welding.

(z)          Re-bagging lime

[20.2(z)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           General mill workers required to re-bag burst bags of lime will be paid an allowance of $0.73 per hour with a minimum of one hour.

[20.2(z)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(ii)         All employees engaged in the hand shovelling of lime or in handling bagged lime will be paid an allowance of $0.73 per hour, but this allowance will not apply to employees classified as lime handlers.

(aa)      Repair work

[20.2(aa) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Tradespersons must be paid an allowance of $0.92 per hour when engaged in repairs and alterations to old work only, notwithstanding that new material may have to be used for the purpose. Nothing extra may be claimed for dirty work.

(bb)     Shot blast or sand blast

[20.2(bb) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

An employee must be paid an allowance of $0.67 per hour when engaged in working the shot blast or sand blast.

(cc)       Spot welding mill rollers

[20.2(cc)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(i)           Employees must be paid an allowance of $5.20 per hour when engaged in spot welding mill rollers in operation while crushing is in progress.

[20.2(cc)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(ii)         Employees must be paid an allowance of $2.61 per hour when engaged in spot welding mill rollers during the crushing season while crushing operations are not in progress.

[20.2(cc)(iii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(iii)       Employees must be paid an allowance of $2.65 per hour when engaged in automatic spot welding of mill rollers during the crushing season while crushing is in progress.

[20.2(cc)(iv) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

(iv)       Employees must be paid an allowance of $1.33 per hour when engaged in automatic spot welding of mill rollers during the crushing season while crushing operations are not in progress.

(v)         The allowance for repair work will not be payable where the allowances in clause 20.2(cc) are payable.

(vi)       Where the allowances for automatic and manual spot welding of mill rollers would otherwise apply, the higher rates only must apply.

(dd)     Work in rain

When employees are required to work in rain they must be paid an additional 100% of the minimum hourly rate for all time so worked until such time as they finish work or are able to change into dry clothing, unless they are provided with waterproof clothing.

(ee)       Work in water and cleaning drains

[20.2(ee) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees must be paid an allowance of $0.59 per hour when required to work in water of a depth of 76.2 cm or more.

20.3               Expense-related allowances

(a)          Meal allowances

[20.3(a) varied by PR719057, PR729346, PR740936, PR762363 ppc 01Jul23]

Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $16.81 must be paid.

(b)         Tool allowance

[20.3(b) varied by PR719057, PR729346, PR740936, PR762363 ppc 01Jul23]

A tool allowance of $25.57 per week must be paid to tradespersons who are required to supply and use their own tools.

(c)          Tool allowance for apprentices

[20.3(c)(i) varied by PR719057, PR729346, PR740936, PR762363 ppc 01Jul23]

(i)           Subject to clause 20.3(c)(ii) the employer must supply to apprentices referred to in clause 12Apprentices of this award, all tools ordinarily required for the apprentices to perform their work, (Apprentice Tool Pack). Such Apprentice Tool Packs must be for no less than the retail price than set out in the following table:

Apprenticeship type

Annual value of tools

Total retail value of tools

 

$

$

Engineering Tradesperson (Electrical)

515.07

2060

Engineering Tradesperson (Electronic)

515.07

2060

Engineering Tradesperson (Fabrication)

386.30

1545

Engineering Tradesperson (Mechanical)

515.07

2060

Higher Engineering Tradesperson

515.07

2575

Systems Electrician

515.07

2060

Assembly and Servicing Tradesperson - Electrical

515.07

2060

Instrumentation Tradesperson

515.07

2060

Refrigeration and Air Conditioning Tradesperson

515.07

2060

Systems and Instrumentation Tradesperson

515.07

2060

Electricity Supply Tradesperson

515.07

2060

Other tradesperson

386.30

1545

(ii)         If the employer does not supply an apprentice with an Apprentice Tool Pack, the employer must pay the apprentice a tool allowance (apprentice tool allowance) that must be equivalent to the total retail value of the tools set out in clause 20.3(c)(i).

(iii)       The employer must supply the Apprentice Tool Pack or the apprentice tool allowance:

·   In total, within a period of 3 months after employment commences or at the end of the probationary period, whichever first occurs; or

·   In annual instalments, with the first instalment being supplied within a period of 3 months after employment commences or at the end of the probationary period, whichever first occurs.

·   During the second and subsequent years of the apprenticeship, the tool allowance must be supplied within a period of 3 months from the commencement date of each year.

(iv)       If the employer requires an apprentice to supply any tools not included in the Apprentice Pack, the employer must reimburse the apprentice the retail value of the tools, upon proof of purchase of the tools, purchased by the apprentice, to the employer.

(v)         The Apprentice Tool Pack supplied to an apprentice by their employer will become the property of the apprentice.

(vi)       If the apprentice does not complete the apprenticeship with their employer:

·   the Apprentice Tool Pack must be returned to the employer; or

·   the retail value of the Apprentice Tool Pack must be reimbursed to the employer.

(vii)     Where the apprentice was provided an apprentice tool allowance paid in a single instalment, the pro rata value of the allowance for the incomplete portion of the apprenticeship must be refunded by the apprentice to the Employer within three months of the end of employment.

(viii)   Where the apprentice has purchased tools during their apprenticeship, for which they have not been reimbursed, the tools must remain the property of the apprentice.

(ix)       An apprentice must replace or pay for any tools supplied by their employer which are lost because of the negligence of the apprentice.

(x)         An apprentice is not required to pay for any tools supplied by their employer which are lost whilst securely stored at the employer’s premises.

(xi)       If an employer has provided tools or paid a tool allowance to an apprentice prior to 10 February 2020, the retail value of the tools or the amount of the allowance will be deducted from any entitlements of the apprentice under this clause.

(xii)     Where an apprentice is re-indentured with a different employer, the provisions of this clause shall apply with equal effect to the apprentice's new employer in relation to the residual term of apprenticeship but so that the collective obligations of the several employers does not exceed the requirements of this clause when applied to one employer.

(xiii)   If the reimbursement referred to in clause 20.3(c)(vi) and 20.3(c)(vii) apply to an employee who is under 18 years old, the employer cannot deduct an amount payable to the employee if the deduction is not agreed in writing by a parent or guardian of the employee.

(xiv)   Any deduction made under clauses 20.3(c)(vi) and 20.3(c)(vii) must not be unreasonable in the circumstances.

(d)         Transport of employees—shiftworkers

(i)           An employee who lives more than 1.6 km away from their place of work and is working overtime on a shift that finishes at a time other than their normal finishing time and when reasonable transport is not available, will be reimbursed by the employer an amount equal to the cost of any transport which allows the employee to reach their home by other means of transport.

(ii)         This allowance is not payable when the employer provides suitable transport.

(e)          Vehicle allowance

[20.3(e) varied by PR729530, PR740936, PR762363 ppc 01Jul23]

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.

(f)           Wet concrete

Employees working in wet concrete must be provided by the employer with rubber boots.

Part 6—Bulk Terminal Operations—Wages and Allowances

21.                 Minimum rates

[Varied by PR718905, PR729346, PR740773, PR762196]

[21.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

21.1               The following rates apply to bulk terminal employees classified under clause Schedule C—Classification Definitions—Bulk Terminal Operations:

Classification

 

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

BT1

859.30

22.61

BT2

889.10

23.40

BT3

934.20

24.58

BT4

987.80

25.99

BT5

1008.40

26.54

BT6

1075.40

28.30

BT7

1226.40

32.27

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

21.2               Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

For apprentices, who commenced or are continuing their apprenticeship prior to 1 January 2014 the minimum rates for apprentices engaged in bulk terminal operations, except as provided for in clause 19.8Adult apprentice minimum rates are set out in the table below:

 

% of the rate for BT6

1st year

42

2nd year

55

3rd year

75

4th year

88

21.3               Minimum rates for apprentices commencing an apprenticeship on or after 1 January 2014

[21.3 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

The minimum rates for apprentices commencing an apprenticeship on or after 1 January 2014, except as provided for in clause 19.8Adult apprentice minimum rates are as set out below. The percentages in the tables below are of the ordinary weekly rate prescribed in clause 21.1 for classification BT6.

Stage of apprenticeship

Has not completed year 12

Has completed year 12

Adult apprentice aged 21+

%

Min weekly rate
$

Hourly rate
$

%

Min weekly rate
$

Hourly rate
$

Classification or %

Min weekly rate
$

Hourly rate
$

Stage 1

50

537.70

14.15

55

591.47

15.57

80

860.32

22.64

Stage 2

60

645.24

16.98

65

699.01

18.40

BT1 - but no lower than first year rate

860.32

22.64

Stage 3

75

806.55

21.23

75

806.55

21.23

BT2

889.10

23.40

Stage 4

88

946.35

24.90

88

946.35

24.90

88

946.35

24.90

21.4               Adult apprentice minimum rates

The provisions of clause 19.8Adult apprentice minimum rates apply to apprentices employed under this Part 6 as if references to classifications were references to classifications contained in clause 21.1.

21.5               Competency based progression

The provisions of clause 19.9 apply to apprentices under this Part 6 as if references to the minimum rates under Part 5 were references to minimum rates under clauses 21.2 to 21.4.

22.                 Allowances

[Varied by PR718905, PR719057, PR729346, PR729530, PR740936, PR740773, PR762196, PR762363]

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.

22.1               Employers must pay to an employee the allowances the employee is entitled to under clause 22.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

22.2               Wage-related allowances

(a)          First aid

[22.2(a) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $25.95.

(b)         Workplace co-ordinators allowance—bulk sugar terminals

[22.2(b) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]

Employees who are directed to perform the work of workplace co-ordinator must be paid an allowance of $0.43 per hour whilst so engaged, for a maximum of 4 hours.

22.3               Expense-related allowances

(a)          Meal allowances

[22.3(a) varied by PR719057, PR729530, PR740936, PR762363 ppc 01Jul23]

Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $21.06 must be paid.

(b)         Tool allowance

[22.3(b) varied by PR719057, PR729530, PR740936, PR762363 ppc 01Jul23]

A tool allowance of $28.35 per week must be paid to tradespersons who are required to supply and use their own tools.

(c)          Vehicle allowance

[22.3(c) varied by PR729530, PR740936, PR762363 ppc 01Jul23]

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.

Part 7—Other Wage Related Provisions

23.                 Payment of wages

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.

23.1               Frequency of payment

Wages must be paid either:

(a)          weekly according to the actual ordinary hours worked each week;

(b)         according to the average number of ordinary hours worked each week; or

(c)          by agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid fortnightly or monthly.

23.2               Method of payment

Wages must either be paid by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.

23.3               Absences from duty under an averaging system

Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following applies:

(a)          The employee will accrue a credit for each day the employee works ordinary hours in excess of the daily average.

(b)         The employee will incur a debit for each day of absence from duty other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid family leave or jury service.

(c)          An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid personal leave, workers compensation, paid compassionate leave, paid family leave or jury service) will incur a proportion of the debit for the day, based upon the proportion of the working day that the employee was not in attendance.

23.4               Payment on termination of employment

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

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

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

(b)         The requirement to pay wages and other amounts under clause 23.4(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 23.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 23.4. 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.

24.                 Higher duties

24.1               Clause 24 does not apply to employees working on bulk terminal operations.

24.2               Where an employee on any one day performs 2 or more classes of work and is employed:

(a)          for more than 4 hours on a class or classes of work carrying a higher rate, the employee must be paid at the higher rate for the whole time worked on that day;

(b)         for 4 hours or less on a class or classes of work carrying a higher rate, the employee must be paid at the higher rate for 4 hours.

25.                 School-based apprentices

For school-based apprentices, see Schedule F—School-based Apprentices.

26.                 Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule GSupported Wage System.

27.                 National training wage

For employees undertaking a traineeship, see Schedule HNational Training Wage.

28.                 Superannuation

28.1               Superannuation legislation

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

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

28.2               Employer contributions

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

28.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 28.2.

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

(c)          The employer must pay the amount authorised under clauses 28.3(a) or 28.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 28.3(a) or 28.3(b) was made.

28.4               Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 28.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 28.2 and pay the amount authorised under clauses 28.3(a) or 28.3(b) to one of the following superannuation funds or its successor:

(a)          AustralianSuper;

(b)         CareSuper;

(c)          AustSafe Super;

(d)         Sunsuper;

(e)          AMP Superannuation Savings Trust;

(f)           Labour Union Cooperative Retirement Fund (LUCRF);

(g)          MLC MasterKey Business Super;

(h)         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

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

Part 8—Overtime, Penalty Rates and Shiftwork

29.                 Overtime and penalty rates—other than shiftworkers

[Varied by PR723979, PR763292]

29.1               Payment for working overtime—other than bulk sugar terminals

[29.1(a) substituted by PR723979 ppc 20Nov20]

(a)          Employees must be paid overtime rates for work performed:

(i)           within the hours fixed in clause 15Ordinary hours of work and rostering—other than shiftworkers of this award but in excess of the hours fixed for an ordinary week’s work; or

(ii)         outside the hours fixed in clause 15Ordinary hours of work and rostering—other than shiftworkers.

[New 29.1(b) inserted by PR723979 ppc 20Nov20]

(b)         Full-time and part-time employees working overtime must be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after 3 hours.

[New 29.1(c) inserted by PR723979 ppc 20Nov20]

(c)          Casual employees working overtime must be paid at 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 29.1(b).

[29.1(b) renumbered as 29.1(d) by PR723979 ppc 20Nov20]

(d)         When calculating overtime, each day stands alone.

[29.1(c) renumbered as 29.1(e) by PR723979 ppc 20Nov20]

(e)          For the purposes of clause 29.1 hours fixed for an ordinary week’s work means the hours of work fixed in an establishment in accordance with clause 15Ordinary hours of work and rostering—other than shiftworkers of this award or varied in accordance with the relevant clauses of this award.

[29.1(d) renumbered as 29.1(f) by PR723979 ppc 20Nov20]

(f)           When any portion of an hour is worked, the employee must receive payment in respect of any broken part of an hour for not less than one quarter hour at the current overtime rate.

29.2               Payment for working rostered day off or overtime on Saturdays or Sundays

(a)          Full-time and part-time employees

[New 29.2(a) inserted by PR723979 ppc 20Nov20]

[29.2(a) renumbered as 29.2(a)(i) by PR723979 ppc 20Nov20]

(i)           An employee required to work on a rostered day off or overtime commencing on Saturday will be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after that for a minimum of 3 hours.

[29.2(b) renumbered as 29.2(a)(ii) by PR723979 ppc 20Nov20]

(ii)         An employee required to work overtime commencing on a Sunday must be paid at 200% of the minimum hourly rate with a minimum of 3 hours’ work or payment provided the employee is available for work for 3 hours.

(b)         Casual employees

[New 29.2(b) inserted by PR723979 ppc 20Nov20]

(i)           A casual employee required to work overtime commencing on Saturday will be paid at 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after that for a minimum of 3 hours.

(ii)         A casual employee required to work overtime commencing on a Sunday must be paid at 250% of the minimum hourly rate with a minimum of 3 hours’ work or payment provided the employee is available for work for 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 29.2(a).

29.3               Payment for working overtime—bulk sugar terminals

[29.3 varied by PR723979 ppc 20Nov20]

In the case of bulk sugar terminals all hours worked outside or in excess of an employee’s ordinary hours roster must be deemed overtime and paid at 200% of the minimum hourly rate for full-time and part-time employees and at 250% of the minimum hourly rate for casual employees.

[Note inserted by PR723979 ppc 20Nov20]

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 29.3.

29.4               Rest period after overtime—sugar milling

(a)          Length of the rest period

When overtime work is necessary it will be arranged where reasonably practicable for employees to have at least 10 consecutive hours off duty between the work of successive days.

(b)         Where the employee does not get a 10 hour rest

(i)           The following conditions apply to an employee (other than a casual employee) who works so much overtime that the employee has not had at least 10 consecutive hours off duty between the end of the employee’s work on one day and the start of the employee’s work on the next day:

·   the employee must be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty, and

·   there will be no loss of pay for ordinary working time occurring during the absence.

[29.4(b)(ii) varied by PR723979 ppc 20Nov20]

(ii)         The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 29.4(b)(i):

·   the full-time or part-time employee must be paid at 200% of the minimum hourly rate, and a casual employee must be paid at 250% of the minimum hourly rate, until the employee is released from duty;

·   the employee is then entitled to be absent for 10 consecutive hours; and

·   there will be no loss of pay for ordinary working time occurring during the absence.

[Note inserted by PR723979 ppc 20Nov20]

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 29.4(b)(ii).

(c)          Where an employee is recalled to work overtime and works not more than 3 hours’ overtime, clause 29.4 will not apply.

29.5               Return to duty

(a)          Any employee recalled to work after the ordinary finishing time must receive a minimum payment of 3 hours at the prevailing overtime rates.

(b)         Provided that this minimum payment will apply only in respect of the first 2 call-outs.

29.6               Time off instead of payment for overtime

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

(b)         Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 29.6.

(c)          An agreement must state each of the following:

(i)           the number of overtime hours to which it applies and when those hours were worked;

(ii)         that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

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

(iv)       that any payment mentioned in clause 29.6(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 29.6 is set out at Schedule KAgreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule KAgreement for Time Off Instead of Payment for Overtime. An agreement under clause 29.6 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 29.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e)          Time off must be taken:

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

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

(f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 29.6 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 29.6(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 29.6 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 29.6 will apply, including the requirement for separate written agreements under clause 29.6(b) for overtime that has been worked.

[Note varied by PR763292 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 29.6 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 29.6.

29.7               Make-up time

An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

30.                 Shiftwork

[Varied by PR723979]

30.1               Ordinary hours of work—shiftwork

(a)          Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b)         By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(c)          Employees terminating prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

(d)         By agreement 12 hour shifts may be rostered.

30.2               Shiftwork definitions

For the purpose of this award:

(a)          a shiftworker is an employee who can be regularly rostered to work on Sundays and public holidays, where the employer operates shifts continuously rostered 24 hours a day 7 days a week;

(b)         day shift means any shift between 8.00 am and 4.00 pm or otherwise by agreed roster;

(c)          afternoon shift means any shift finishing after 6.00 pm and at or before midnight;

(d)         night shift means any shift finishing after midnight and at or before 8.00 am or where the majority of hours worked in the shift fall between midnight and 8.00 am;

(e)          nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year; and

(f)           nominal slack season means that period that is not the nominal crushing season.

30.3               Ordinary hours of work—continuous shiftworkers

(a)          Continuous shiftwork means work carried out:

(i)           on consecutive shifts of employees;

(ii)         over 24 hours a day;

(iii)       for at least 6 consecutive days; and

(iv)       without interruption, except during breakdowns, meal breaks or due to unavoidable causes beyond the control of the employer.

(b)         Subject to clause 30.3(d), the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.

(c)          Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked.

(d)         Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours except where the additional shift is paid for at overtime rates.

30.4               Extra weekend payments—other than field sector

(a)          Sugar milling

For sugar mill employees, where continuous shiftwork is regularly performed on a 3 shifts per day basis, over a period of 7 days per week, all time worked up to 8 hours in any shift between midnight Friday and midnight Sunday must be paid at 150% of the minimum hourly rate. Such payments will be in addition to any allowance payable for the working of an afternoon or night shift.

(b)         Bulk terminals

For bulk terminal employees, shift work ordinary hours performed between midnight Friday and midnight Saturday must be paid at the rate of 150% of the minimum hourly rate. Shift work ordinary hours performed between midnight Saturday and midnight Sunday must be paid at the rate of 200% of the minimum hourly rate.

30.5               Afternoon and night shift allowances—other than field sector

(a)          Employees other than field sector workers, whilst engaged on afternoon shift and night shift, must be paid a shift allowance for each such shift of 15% in addition to the minimum hourly rate applicable.

(b)         Employees other than field sector workers, required to work afternoon or night shift continuously or employees required to work afternoon and night shift, without rotation to day shift, must be paid 30% in addition to the minimum hourly rate instead of any other shift allowance.

30.6               Afternoon shift and night shift rates—field sector

Field sector employees whilst engaged on afternoon shift and night shift, must be paid for each shift as follows:

(a)          afternoon shift—112.5% of the minimum hourly rate; or

(b)         night shift—115% of the minimum hourly rate

for the employee’s employment classification.

30.7               Additional shift allowances five day roster—sugar milling

(a)          Final shift of roster

All ordinary time worked by any sugar milling employee on the final shift of a roster where the ordinary time falls entirely between midnight Friday and 8.00 am Saturday in any week, must be paid at 150% of the minimum hourly rate. Such payments will be in addition to any shift allowance payable for the working of an afternoon or night shift.

(b)         Overtime crushing shifts

[30.7(b) varied by PR723979 ppc 20Nov20]

Where overtime crushing shifts are worked at weekends by sugar milling shiftworkers, all shiftworkers, including casual shiftworkers, so engaged must be paid an allowance of 25% of the minimum hourly rate in addition to the appropriate overtime rates.

30.8               Overtime hours of work—field sector shiftwork

[30.8 varied by PR723979 ppc 20Nov20]

All overtime performed by a field sector shiftworker where more than one shift per day is worked, will be paid for at 200% of the minimum hourly rate for a full-time or part-time shiftworker and 250% of the minimum hourly rate for a casual shiftworker.

[Note inserted by PR723979 ppc 20Nov20]

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 30.8.

30.9               Nominal crushing season—shiftwork

(a)          The ordinary working hours in the nominal crushing season must not exceed 40 in any one week or 8 in any one day, which may be worked in accordance with a roster system as mutually agreed upon between the employer and the majority of employees directly affected, or as determined by the Fair Work Commission in accordance with clause 39Dispute resolution. Provided that with agreement between the employer and the majority of employees directly affected, shifts of more or less than 8 hours may be worked. The working of broken shifts or 6 hour shifts in mills is prohibited.

(b)         In mills where locomotive drivers, their assistants and weighbridge clerks are working 2 shifts, those shifts may be worked between 6.00 am and 2.00 pm and between 2.00 pm and 10.00 pm or such other roster as mutually agreed upon between the employer and the majority of employees directly affected.

30.10           Nominal slack season—shiftwork

(a)          The ordinary working hours for shiftworkers in the nominal slack season must not exceed 40 in any one week or 8 in any one day, provided that with agreement between the employer and the majority of employees directly affected, shifts of more or less than 8 hours may be worked.

(b)         For employees other than seasonal employees and also other than those deemed to be seasonal, the ordinary working hours must be worked in accordance with an agreed roster which will provide for 9 ordinary working days or 72 ordinary working hours per fortnight. One day of the 2 week cycle must be an unpaid rostered day off.

(c)          For seasonal employees the ordinary working hours must be worked in accordance with an agreed roster which will provide for 19 working days or 152 ordinary working hours per 4 week cycle. One day of the 4 week cycle must be an unpaid rostered day off.

(d)         The agreed rosters provided for must provide for a rostered day off on a Monday, or if agreed between the employer and the majority of employees at a particular mill, on a Friday.

(e)          If a rostered day off falls on a public holiday, the rostered day off must be taken on the next ordinary working day.

(f)           Rostered days off may, by agreement between the employer and the majority of employees directly affected, be accrued up to a maximum of 6 rostered days off, which must be taken within 12 calendar months of the date on which the first rostered day off was accrued, at a time or times agreed between the employer and the employees directly affected.

(g)          Employees terminated prior to taking any banked rostered day(s) off must receive 20% of average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

30.11           Shiftwork overtime—sugar mills

(a)          Provided that this minimum will not apply where overtime worked by shiftworkers is continuous with their shiftwork.

[30.11(b) varied by PR723979 ppc 20Nov20]

(b)         In callings where more than one shift per day is worked, overtime will be paid for at 200% of the minimum hourly rate for full-time and part-time shiftworkers and at 250% of the minimum hourly rate for casual shiftworkers.

[Note inserted by PR723979 ppc 20Nov20]

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 30.11(b).

(c)          When a shiftworker is required to continue working during the following shift they will be granted a crib time of 30 minutes within one hour after their ordinary finishing time and a further crib time of 30 minutes at the usual crib time period for the following shift. No deduction will be made from wages for the crib times so granted and the employer will supply to the employee meals or cribs not later than at crib times during the second shift.

(d)         An employee called out to work will be granted a meal break of 30 minutes after each 4 hours of work. No deduction will be made from the wages for the meal times so granted. If the employee is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, it will be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.

30.12           Employees recalled—sugar mills

(a)          Any employee recalled to work after the ordinary ceasing time will receive a minimum payment of 3 hours at overtime rates.

(b)         Provided that this minimum payment will apply only in respect of the first 2 call-outs.

(c)          The provisions of clause 29.4 will apply in the case of shiftworkers where they rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:

(i)           for the purpose of changing shift rosters;

(ii)         where a shiftworker does not report for duty; or

(iii)       where a shift is worked by arrangement between the employees themselves.

[30.12(d) varied by PR723979 ppc 20Nov20]

(d)         Where an employee has been employed for 16 hours or more continuously before the ordinary starting time at the commencement of any week, unless the employee receives 8 consecutive hours off duty prior to commencing work on their ordinary shift, the full-time or part-time employee will be paid at 200% of the minimum hourly rate, and the casual employee will be paid at 250% of the minimum hourly rate, for time worked during the ordinary shift and until the employee is given 8 consecutive hours off duty. If time off is given, that portion of the employee’s ordinary shift which falls within such 8 consecutive hours off duty will be paid for at ordinary rates.

(e)          Where a shiftworker is required to work 4 hours or more overtime immediately prior to the starting time of their normal shift, the employee will be allowed 30 minutes without deduction of pay to enable the employee to partake of a meal or crib, such crib to commence not later than the end of the first hour of the employee’s normal shift.

(f)           If the employee is not notified of the overtime shift in sufficient time to enable the employee to make arrangements for a meal or crib, it will be supplied free of charge by the employer.

[30.12(g) varied by PR723979 ppc 20Nov20]

(g)          Any employee required to work overtime on a recognised final shift that is between midnight Friday and 8.00 am Saturday, in any week, will be paid for the time so worked at 250% of the minimum hourly rate for a full-time or part-time employee and at 312.5% of the minimum hourly rate for a casual employee.

[Note inserted by PR723979 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clauses 30.12(d) and 30.12(g).

30.13           Change of hours—sugar mills

(a)          Notwithstanding anything contained in clauses 15Ordinary hours of work and rostering—other than shiftworkers or 29Overtime and penalty rates—other than shiftworkers, an employer may transfer an employee working afternoon or night shift to day shift or day work, by giving the employee at least 8 hours’ notice, if in the employer’s opinion there is insufficient work on the employee’s rostered shift due to wet weather:

(i)           interfering with cane supply;

(ii)         restricting cane transport; or

(iii)       restricting crushing operations.

The employer may transfer the employee back to the employee’s ordinary rostered shift by giving at least 8 hours’ notice.

(b)         Where such afternoon or night shift employee does not receive at least 8 hours’ notice of the change from afternoon or night shift to day shift or day work or vice versa and an 8 hour break, the employee will be paid at overtime rates for the first 8 hours worked after such change.

Part 9—Leave and Public Holidays

31.                 Annual leave

[Varied by PR751094]

31.1               Annual leave is provided for in the NES.

31.2               Definition of shiftworker

For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays, where the employer operates shifts continuously rostered 24 hours a day 7 days a week.

31.3               Annual leave loading

(a)          During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in this award. Annual leave loading payment is payable on leave accrued.

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).

(b)         The loading is as follows:

(i)           Day work

Employees who would have worked on day work only had they not been on leave, 17.5% or the relevant weekend penalty rates, whichever is the greater but not both.

(ii)         Shiftwork

Employees who would have worked on shiftwork had they not been on leave, a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.

(iii)       Bulk terminals

For employees in bulk terminals, the annual leave loading in clauses 31.3(b)(i) and 31.3(b)(ii) must be 25%.

31.4               Annual leave in advance

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

(b)         An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 31.4 is set out at Schedule I—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 31.4 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 31.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

31.5               Direction to take annual leave during shutdown

[31.5 renamed and substituted by PR751094 ppc 01May23]

(a)          Clause 31.5 applies if an employer:

(i)           intends to shut down all or part of its operation for a particular period (temporary shutdown period); and

(ii)         wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(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 31.5(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 31.5(d):

(i)           must be in writing; and

(ii)         must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 31.5(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 31.5(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 31.4.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 31.4, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 31.6 to 31.8 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 31.5.

31.6               Excessive leave accruals: general provision

NOTE: Clauses 31.6 to 31.8 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 (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 31.2).

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

(c)          Clause 31.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 31.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

31.7               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 31.6(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.