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Electrical Power Industry Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777322 and PR778061).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
29—Dispute resolution
Table of Contents
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Electrical Power 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.
[Varied by PR733921, PR774810, PR777322]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract for an apprenticeship in accordance with clause 15.2 of this award.
afternoon shift means any shift (other than a 12 hour shift) finishing after 6.00 pm and at or before midnight.
apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 15.2 of this award.
[Definition of casual employee inserted by PR733921 from 27Sep21; varied by PR777322 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
continuous shiftworker means an employee working shiftwork covering 24 hours a day, 7 days per week.
day shift means any shift other than an afternoon or night shift.
day worker means an employee whose ordinary hours are worked between Monday and Friday and within the span of hours in clause 13.1(a).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
electrical power industry has the meaning given in clause 4.2.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774810 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774810 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the the Act.
night shift means any shift finishing after midnight and at or before 8.00 am.
non-continuous shiftworker means an employee working shiftwork other than shifts covering 24 hours a day, 7 days per week.
shiftworker means an employee who works on a shift roster (except that for the purposes of the NES shiftworker has the different meaning given in clause 21.2).
[Definition of small business employer inserted by PR774810 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for classification at Pay Level 3 in clause 15—Minimum rates.
[Definition of workplace delegate inserted by PR774810 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743449]
4.1 This industry award covers employers throughout Australia in the electrical power industry and their employees in the classifications listed in clause 12—Classifications and Schedule A—Classification Descriptions to the exclusion of any other modern award.
4.2 In this award, electrical power industry means:
and also includes:
(c) the retail supply of gas and other utility services by an employer whose core business is within clause 4.2(a);
(d) the provision of temporary labour services used in activities within clauses 4.2(a) and/or 4.2(b) by temporary labour personnel principally engaged to perform work at a location where such activities are being performed;
but does not include:
(e) the generation and/or transmission of power and/or steam that is ancillary or incidental to the employer’s activities in another industry (notwithstanding that excess power may sold into the grid).
4.3 This award does not cover:
[4.3(a) varied by PR743449 ppc 11Jul22]
(b) an employee excluded from award coverage by the Act;
(c) an employer bound by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(d) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.4 This award covers employers which provide group training services for apprentices and trainees engaged in the electrical power industry and/or parts of that industry and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763293 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 29—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of affected employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.1(a) |
Altering the span of hours |
The majority of affected employees |
|
13.2(c) |
Shiftworkers—roster cycle |
The majority of affected employees |
|
19.6 |
Time off instead of payment for overtime |
An individual |
|
21.10 |
Annual leave in advance |
An individual |
|
21.11 |
Cashing out of annual leave |
An individual |
|
26.2 |
Substitution of public holidays |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees may be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time, part‑time or casual.
A full-time employee works an average of 37.5 hours per week.
[Varied by PR733921]
10.1 A part-time employee:
(a) works an average of less than the full-time hours of 37.5 per week;
(b) has reasonably predictable hours of work; and
(c) receives, on a pro rata basis, equivalent pay and conditions to full-time employees in the same classification.
10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times each day.
10.3 Any agreed variation to the regular pattern of work will be recorded in writing.
[10.4 deleted by PR733921 from 27Sep21]
[10.5 renumbered as 10.4 by PR733921 from 27Sep21]
[10.6 renumbered as 10.5 by PR733921 from 27Sep21]
10.6 Minimum days off per roster cycle
[10.7 renumbered as 10.6 by PR733921 from 27Sep21]
Where a part-time employee works on a roster, the employee will receive a minimum of 2 days off over the roster cycle multiplied by the number of weeks in the roster cycle.
[Varied by PR723895, PR733921, PR777322]
[11.1 deleted by PR733921 from 27Sep21]
[11.2 renumbered as 11.1 by PR733921 from 27Sep21]
11.1 A casual employee must be engaged for a minimum of 3 hours on each occasion.
[11.3 substituted by PR723895 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733921 from 27Sep21]
11.2 For each ordinary hour worked, a casual employee will be paid no less than:
(a) the minimum hourly rate of pay for the relevant classification;
(b) a casual loading of 25% of the minimum hourly rate; and
(c) any applicable allowances.
[11.4 renumbered as 11.3 by PR733921 from 27Sep21]
11.3 Casual loading is paid instead of annual leave, paid personal/carer’s leave, public holidays not worked, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.
[11.5 renumbered as 11.4 by PR733921 from 27Sep21]
11.4 A casual employee is entitled to penalty rates applicable to rostered shifts worked by the employee based on the minimum hourly rate.
11.5 Casual entitlement to overtime
[11.6 renumbered as 11.5 by PR733921 from 27Sep21]
(a) Casual shiftworkers
A casual employee working as a shiftworker is entitled to overtime for:
(i) time worked beyond the end of a shift at the request or direction of the employer; and
(ii) time worked over a roster cycle in excess of 37.5 hours multiplied by the number of weeks in the roster cycle (where the excess time has not already attracted overtime).
(b) Casual day workers
A casual day worker is entitled to overtime payment for time worked at the request or direction of the employer in excess of the usual ordinary time day in the employer’s establishment.
(c) Calculation of overtime pay for casual employees
[11.6(c) substituted by PR723895 ppc 20Nov20]
The casual loading will not be paid for overtime hours worked.
11.6 Changes to casual employment status
[11.7 renumbered as 11.6, renamed and substituted by PR733921; renamed and substituted by PR777322 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 29—Dispute resolution.
12.1 Employees are classified in one of the following streams:
(a) technical stream;
(b) administrative stream;
(c) professional/managerial/specialist stream; or
(d) operations stream.
12.2 The wage rates at each classification level in clause 15—Minimum rates are minimum entry level rates.
12.3 Movement between classification levels will be by appointment or promotion to a vacant position, reclassification, or the acquisition of additional skills or competencies in accordance with the requirements for the position as specified in Schedule A—Classification Descriptions and as required by the employer and its business needs.
12.4 Pay structure conditions
(a) While jobs will be designed to fit a career stream, it is recognised that employees will, from time to time, be required to perform work at or below the current pay level in other career streams for which they hold the requisite skills.
(b) Performance of duties in a higher pay level is obligatory if requisite skills are held. A higher duties payment may be payable in accordance with clause 15.5.
(c) Objective testing of skill acquisition and competency will be a prerequisite for pay progression. The objective testing incorporates assessment of employee competency and progress in skills training.
13. Ordinary hours of work and rostering
13.1 Day workers
(a) The span of ordinary hours will be 7.00 am to 6.00 pm, Monday to Friday, or another span as agreed with a majority of affected employees.
(b) The ordinary hours of work for day workers (an average of 37.5 hours per week) will be worked within the span of hours provided for in clause 13.1(a).
(c) Day workers may be required to work up to 10 ordinary hours per day.
(d) Subject to clauses 13.1(a), 13.1(b), and 13.1(c) the times when ordinary hours are worked by day workers are at the discretion of the employer and may include:
(i) a ten day fortnight—7 hours 30 minutes per day; or
(ii) a 9 day fortnight—8 hours 20 minutes per day with a rostered day off.
(a) An employer may require an employee to undertake rostered shiftwork.
(d) A shiftwork employee’s ordinary hours are to be averaged over the cycle.
(e) Conditions applicable to preparation of rosters
(i) The roster must specify shift starting and finishing times and where time rostered is overtime.
(ii) Shifts must not exceed 10 hours in length (including crib time which will be counted as time worked), or 12 hours in length or accordance with clause 13.2(f).
(iii) An employee must not be rostered to work more than 8 shifts in any 9 day period.
(iv) An employee must not be rostered to work more than one shift in each 24 hours except at the regular changeover of shifts.
(v) Each shiftworker must have a minimum break of 10 hours between shifts.
An employer may implement 12 hour shifts as part of a 2 shift 24 hour continuous roster but an employee must not be rostered for more than 5 12 hour shifts in any 9 day period.
(g) Subject to clause 27.2, an employer must not change the structure of a roster or implement a new roster unless it has given all affected employees at least 4 weeks’ notice of the change or new roster, or secured the agreement of all affected employees.
(h) An employer may require an employee to work a different shift or shift roster upon giving 48 hours’ notice or a shorter period as is agreed or as operational circumstances reasonably require.
(i) Employees may exchange shifts and days off by agreement between themselves and subject to the approval of the employer. In these circumstances pay will be as if the work had proceeded according to the roster.
An employee recalled to work overtime, other than for emergency work, after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of 3 hours or will be paid for a minimum of 3 hours’ work in circumstances where the employee is engaged for a lesser period.
(b) Payment must not be less than 2 hours at the appropriate overtime rate.
(c) For the purposes of clause 13.4(a), an employee called out on emergency work means an employee required to attend to a call-out request on an unscheduled basis outside of normal business/roster hours.
13.5 Availability duty and duty officer
(a) An employee may be required to make themselves available outside of ordinary working hours on a rostered basis. Employees required to make themselves available include duty officers. Employees will be paid the availability allowance in clause 17.2.
(b) A duty officer will be paid for the time spent working on the telephone whenever the period or periods aggregate to more than 15 minutes per day. Payment is at the applicable penalty rate. A call-out minimum in accordance with clause 13.4 does not apply to time spent on the telephone.
(c) For each year of continuous rostering on availability duty, an employee will receive an additional week’s availability allowance in addition to their annual leave entitlements.
13.6 Daylight saving
(a) For work performed on a shift that spans the time when daylight saving begins or ends, as prescribed by relevant state or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).
(b) The terms standard time and summer time have the same meaning as in the relevant State or Territory legislation.
13A. Employee right to disconnect
[13A inserted by PR778061 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the availability allowance under clause 17.2(a); and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the availability duty.
13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 13.3 or 13.4.
14.1 Breaks—day workers
(a) An employee who is a day worker will not be required to work more than 5 hours without an unpaid meal break of at least 30 minutes.
(b) Paid morning and afternoon tea breaks of 7.5 minutes each will be allowed to day workers.
14.2 Breaks—shiftworkers
(a) A shiftworker working a shift of less than 10 hours will be entitled to a crib break of 20 minutes which will count as time worked.
(b) A shiftworker working a shift of 10 hours or longer will be entitled to crib breaks totalling 30 minutes which will count as time worked.
14.3 Working without a meal/crib break
(a) Breaks for all employees will be scheduled by the employer based upon operational requirements to ensure continuity of operations. The employer will not require an employee to work more than 5 hours before the first meal/crib break is taken or between subsequent meal/crib breaks, if any.
(b) If at the direction of the employer:
(i) a day worker is required to work during the normal meal break; or
(ii) a shiftworker is required to work more than 5 hours without a crib break,
the employee will be paid 150% of the minimum hourly rate until a meal/crib break is allowed.
14.4 Work which is continuous with ordinary hours
(b) Where the overtime is to continue for more than 4 hours (and after each subsequent 4 hours) the employee will receive a crib break of 20 minutes which will count as time worked. A meal will be provided by the employer or a meal allowance as per clause 14.4(a).
14.5 Called back to work at other times
(a) An employee who is required to return to work (other than for pre-planned overtime) outside ordinary hours or on a Saturday, Sunday, public holiday or rostered day off will receive a crib break of 20 minutes after 4 hours and after each subsequent 4 hours.
(b) The crib break will count as time worked. A meal will be provided by the employer or a meal allowance paid as per clause 14.4(a).
14.6 Rest breaks during overtime
(a) An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked if the employee is required to continue to work after the rest break.
(b) An employer and an employee may agree to any variation of clause 14.6 to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 14.6.
When overtime work is necessary it will be arranged wherever 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
· 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 hours of work time which occur during this absence.
· the employee must be paid at the relevant overtime 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 hours of work time which occur during this absence.
(c) Clauses 14.7(a) and 14.7(b)(ii) apply in the case of employees when rostered for call‑out as if 8 hours were substituted for 10 hours, when performing other than pre-arranged work.
(i) for the purpose of changing shift rosters;
(ii) where a shift is worked by arrangement between the employees themselves; or
(iii) on a recall or call-out pursuant to clauses 13.3 or 13.4.
15. Minimum rates
[Varied by PR720159, PR718906, PR723827, PR729347, PR740774, PR762197, PR767898, PR773976]
[15.1 varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
15.1 The employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
|
$ |
$ |
|
Pay level 1 |
|
|
|
Technical Grade 1 |
919.80 |
24.53 |
|
Administrative Grade 1 |
919.80 |
24.53 |
|
Pay level 2 |
|
|
|
Technical Grade 2 |
976.10 |
26.03 |
|
Administrative Grade 2 |
976.10 |
26.03 |
|
Operations Grade 2 |
976.10 |
26.03 |
|
Pay level 3 |
|
|
|
Technical Grade 3 |
1032.90 |
27.54 |
|
Administrative Grade 3 |
1032.90 |
27.54 |
|
Operations Grade 3 |
1032.90 |
27.54 |
|
Pay level 4 |
|
|
|
Technical Grade 4 |
1130.70 |
30.15 |
|
Administrative Grade 4 |
1130.70 |
30.15 |
|
Pay level 5 |
|
|
|
Technical Grade 5 |
1230.50 |
32.81 |
|
Administrative Grade 5 |
1230.50 |
32.81 |
|
Professional/Manager/Specialist Grade 5 |
1230.50 |
32.81 |
|
Operations Grade 5 |
1230.50 |
32.81 |
|
Pay level 6 |
|
|
|
Technical Grade 6 |
1330.00 |
35.47 |
|
Administrative Grade 6 |
1330.00 |
35.47 |
|
Operations Grade 6 |
1330.00 |
35.47 |
|
Pay level 7 |
|
|
|
Technical Grade 7 |
1429.50 |
38.12 |
|
Professional/Manager/Specialist Grade 7 |
1429.50 |
38.12 |
|
Operations Grade 7 |
1429.50 |
38.12 |
|
Pay level 8 |
|
|
|
Professional/Manager/Specialist Grade 8 |
1529.10 |
40.78 |
|
Operations Grade 8 |
1529.10 |
40.78 |
|
Pay level 9 |
1628.80 |
43.43 |
|
Pay level 10 |
|
|
|
Professional/Manager/Specialist Grade 10 |
1728.30 |
46.09 |
|
Operations Grade 10 |
1728.30 |
46.09 |
|
Pay level 11 |
|
|
|
Professional/Manager/Specialist Grade 11 |
1826.10 |
48.70 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
(a) The terms of this award apply to apprentices and trainees, subject to the provisions of an applicable contract of apprenticeship or training agreement operating under federal, State or Territory apprenticeship or training. See Schedule D—School-based Apprentices.
(i) The minimum weekly rate payable to an apprentice will be the percentage of the standard rate as set out in the following tables:
Table A
|
Apprenticeship commenced before 1 January 2014 |
||
|
Year of apprenticeship |
Apprentice (other than an adult apprentice) |
Adult apprentice |
|
|
% of standard rate |
|
|
1st year |
42 |
70 |
|
2nd year |
55 |
80 |
|
3rd year |
75 |
85 |
|
4th year |
85 |
90 |
Table B
|
Apprenticeship commenced on or after 1 January 2014 |
|||
|
Year of apprenticeship |
Apprentice (other than an adult apprentice) |
Adult apprentice |
|
|
|
Not completed year 12 |
Completed year 12 |
|
|
|
% of standard rate |
||
|
1st year |
50 |
55 |
80 |
|
2nd year |
60 |
65 |
The highest of 80%, the national minimum wage or the rate for Pay Level 1 |
|
3rd year |
75 |
75 |
The highest of 85%, the national minimum wage or the rate for Pay Level 1 |
|
4th year |
85 |
85 |
The highest of 90%, the national minimum wage or the rate for Pay Level 1 |
(ii) On the expiration of an apprenticeship an employee who works in the apprenticed trade will be paid not less than the rate for Pay Level 3.
(iii) Further, an adult employee who is employed by an employer immediately prior to commencing an apprenticeship with that employer, will not suffer a reduction in the pay the employee was entitled to receive under this award immediately prior to commencing the apprenticeship.
(iv) Apprentices attending vocational, education and training providers and representing reports of satisfactory achievement will be reimbursed all fees they have paid.
(v) In addition to the percentage of the rate for Pay Level 3, apprentices will be paid the relevant allowances in clause 17—Allowances.
(vi) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 15.2(b) is subject to the provisions of Schedule D—School-based Apprentices.
(vii) 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 training. Clause 15.2(b)(vii) 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.
(viii) For the purposes of clause 15.2(b)(vii), excess reasonable travel costs include 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 15.2(b)(vii) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(ix) The amount payable by an employer under clause 15.2(b)(vii) 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 the assistance or their employer has advised them in writing of the availability of the assistance.
15.3 Junior rates
[15.3 varied by PR767898 ppc 31Dec23]
The terms of this award apply to the employment of juniors. Juniors will be entitled to a percentage of the adult rate. The percentages are:
|
Age |
% of adult rate |
|
Under 19 years |
73 |
|
19 years |
83 |
|
20 years |
93 |
For school-based apprentices Schedule D—School-based Apprentices.
(a) An employee directed by the employer to carry out the duties of a position classified at a higher pay level for a continuous period of not less than 4 hours will be paid for the day at the minimum rate for the higher pay level.
(b) Where an employee has performed higher duties for 3 months continuously prior to a period of annual leave, personal/carer’s leave, the leave will be based on the employee’s higher duties rate.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
[15.7(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.7(b) varied by PR720159 ppc 18Jun20, PR723827, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Electrical Power Industry Award 2020 and not the Miscellaneous Award 2020.
[15.7(c) inserted by PR718906; deleted by PR723827 ppc 01Nov20]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Wages must be paid weekly or fortnightly by electronic funds transfer into employees’ bank, building society or credit union accounts.
16.2 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.2. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718906, PR719058, PR729347, PR729531, PR740774, PR740937, PR762197, PR762364, PR773976, PR774146]
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Where the employer requires an employee to be available for duty after normal working hours in accordance with an availability roster under clause 13.5 the employee will be paid an allowance as follows:
[17.2(a)(i) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(i) 1 in 5 weeks or more rostered on availability duty—$185.92 per week; or
[17.2(a)(ii) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(ii) 1 in 4 weeks or less rostered on availability duty—$268.55 per week.
The allowances in clauses 17.2(a)(i) and17.2(a)(ii) are payable daily (on a pro rata basis) or weekly.
[17.2(b)(i) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(i) An employee who has been trained to provide first aid and is a current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body will be paid $19.63 per week if appointed by the employer as a first aid officer.
(ii) Employees attending a first aid course approved and organised by the employer will be entitled to be paid for the training. Where practical, the training will be conducted during ordinary/rostered hours.
(c) Power station allowance
An employee working in a power station will be paid the relevant allowances below:
[17.2(c)(i) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(i) Professional, Managerial, Specialist or Administrative employee—$21.17 per week;
[17.2(c)(ii) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(ii) Technical or Operations employee—$72.30 per week.
A power station includes all ancillary buildings of the power station such as administrative offices, stores and workshops, power station switchyards and terminal stations.
(d) Open cut brown coal mine allowance
[17.2(d) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
An employee will be paid an allowance of $113.62 per week when exposed to the conditions and elements existing in an open cut brown coal mine without the protection afforded by an office or motor vehicle.
(e) Briquette factory allowance
[17.2(e)(i) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
(i) An employee required to work in a briquette factory will be paid an allowance of $87.80 per week.
(ii) For the purposes of this allowance a briquette factory includes the wet section, launder areas, collecting conveyors, storage shed, loading shed, bagging hoppers, quality control laboratory, fire stations and all conveyors connecting those buildings. The briquette storage areas also form part of the briquette factory.
[17.2(f) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
An employee required to perform work handling coal but who is not entitled to an open cut brown coal mine allowance or briquette factory allowance will be paid an allowance of $113.62 per week.
[17.2(g) varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
An employee will be paid an allowance of $61.97 per week when required to perform work on overhead or underground power lines or any closely associated plant or equipment for the transmission or distribution of electricity (including substations, transformer stations, public lighting and switchboards or distribution boards).
17.3 Expense-related allowances
[17.3(a) varied by PR719058, PR729531, PR740937, PR762364, PR774146 ppc 01Jul24]
An employee who is entitled to a meal allowance as provided for in clauses 14.4 and 14.5, will be entitled to an employer provided meal or a meal allowance of $19.82 per meal.
An employee who, by prior agreement with the employer, uses a private motor vehicle for work purposes where no company vehicle is provided or available will be paid as follows:
[17.3(b)(i) varied by PR719058, PR740937, PR762364, PR774146 ppc 01Jul24]
(i) motor vehicle—$0.99 per kilometre; and
[17.3(b)(ii) varied by PR719058, PR740937, PR762364, PR774146 ppc 01Jul24]
(ii) motorcycle—$0.33 per kilometre.
[17.3(c)(i) varied by PR719058, PR729531, PR740937, PR762364, PR774146 ppc 01Jul24]
(ii) Notwithstanding clause 17.3(c)(i), the employer will provide all power tools, special purposes tools, precision measuring instruments and for sheet metal workers, snips used in the cutting of stainless steel, Monel metal and similar hard metals.
(d) Travel
(i) When an employer requires an employee to travel in connection with work, the employer must pay all reasonable fares, meals, accommodation and incidental expenses incurred by the employee on business related travel.
(ii) Where the expenses are not paid directly by the employer, the employer must make payment in advance of an amount of not less than 80% of the estimated travel expenses.
(iii) The employer may require the employee to verify expenses through the production of necessary receipts or tax invoices and can require reimbursement of any portion of an amount advanced that is not supported by receipts or tax invoices.
(iv) Travelling time is to be paid at the minimum hourly rate.
[Varied by PR771362]
18.1 Superannuation legislation
[18.1 substituted by PR771362 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771362 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) Electricity Industry Superannuation Scheme;
(c) Energy Super;
(d) Energy Industry Superannuation Scheme;
(e) Equipsuper Superannuation Fund;
(f) First State Super;
(g) NSW Electrical Superannuation Scheme;
(h) Retirement Benefits Fund;
(i) Sunsuper;
(j) 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
(k) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR723895, PR747408, PR763293]
19.1 Overtime is payable at the following rates:
|
|
% of minimum hourly rate |
|
|
Monday to Saturday—day workers and non-continuous shiftworkers |
First 2 hours |
150 |
|
After 2 hours |
200 |
|
|
Monday to Saturday—continuous shiftworkers |
200 |
|
|
Sunday |
200 |
|
|
Public holiday |
250 |
|
[19.2 varied by PR747408 ppc 14Nov22]
19.2 Day workers who work overtime on a Saturday, a Sunday or a public holiday will receive a minimum payment of 3 hours on each occasion. Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period.
19.3 Part-time employees may be entitled to overtime in accordance with clause 10.4.
[19.4 varied by PR723895 ppc20Nov20]
19.4 Casual employees may be entitled to overtime in accordance with clause 11.5. The casual loading prescribed by clause 11.2(b) will not be paid for overtime hours worked.
19.5 For the purposes of calculating overtime each day stands alone.
19.6 Time off instead of payment for overtime
(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE 1: By making an agreement under clause 19.6 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 hours’ time off.
EXAMPLE 2: By making an agreement under clause 19.6 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 1.5 hours’ time off and payment of 1 hour at 150% of the minimum hourly rate.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.6 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.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.6(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.6 will apply for overtime that has been worked.
[Note varied by PR763293 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked. The casual loading prescribed by clause 11.3(b) will not be paid for overtime hours worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.6.
Penalty rates are payable in respect of ordinary hours at the following rates:
|
|
% of minimum hourly rate |
|
Afternoon shift |
116 |
|
Night shift |
122.5 |
|
Permanent night shift |
130 |
|
Saturday |
150 |
|
Sunday |
200 |
|
Public holiday |
250 |
Part 6—Leave and Public Holidays
21.1 Annual leave is provided for in the NES. Clause 21 supplements or deals with matters incidental to the NES.
21.2 Definition of shiftworker for NES purposes
Notwithstanding the definition of shiftworker in clause 2—Definitions, for the purpose of the NES, a shiftworker is an employee:
(a) who works a roster and who, over the roster cycle, may be rostered to work ordinary time shifts on any of the 7 days of the week; and
(b) who is regularly rostered to work on Sundays and public holidays.
21.3 Additional monetary entitlements
(a) An employee receiving an allowance on a continuous basis will continue to receive the allowance on all annual leave, subject to, in the case of higher duties allowance in clause 15.5, the employee resuming higher duties on completion of the leave.
(b) An employee taking leave will also be entitled to a sum equal to the greater of:
(i) 17.5% of their weekly rate including appropriate allowances (excluding shift penalties and weekend penalty payments); or
(ii) shift allowance and/or Saturday or Sunday penalty rates according to the employee’s roster or projected roster.
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).
21.4 Illness during a period of annual leave
Subject to the provision of a medical certificate, any period of illness of one day or more occurring during leave may be claimed as personal/carer’s leave and either an equivalent period of annual leave will be re-credited, or the employee’s period of absence extended.
21.5 Excessive leave accruals: general provision
NOTE: Clauses 21.5 to 21.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2).
(c) Clause 21.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 21.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
21.6 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 21.6(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 21.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 21.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 21.6(d) may result in the direction ceasing to have effect. See clause 21.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
21.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 21.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 21.6(a) that, when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 21.7(a) must not:
(i) if granted, result in the employee’s remaining accrued annual entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 21.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 21.7(a).
21.8 Direction to take annual leave during shutdown
[21.8 renamed and substituted by PR751095 ppc 01May23]
(a) Clause 21.8 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 21.8(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 21.8(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 21.8(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 21.8(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 21.10.
(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 21.10, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 21.5 to 21.7 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 21.8.
21.9 Payment on termination of employment
Upon termination of employment for any reason, an employee will be paid out accrued annual leave at the minimum hourly rate applicable to the employee on the date when the employment terminated provided that, if the employee is a shiftworker, the employee will also be paid shift penalty and/or Saturday or Sunday penalty rates according to the employee’s roster or projected roster.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 21.10 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 21.10 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 21.10, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
21.11 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.11.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 21.11 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 21.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 21.11 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.11.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.11.
NOTE 3: An example of the type of agreement required by clause 21.11 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
22. Personal/carer’s leave and compassionate leave
22.1 Personal/carer’s leave and compassionate leave are provided for in the NES. Clause 22 supplements the NES.
22.2 The annual personal/carer’s leave entitlement is 12 days (inclusive of the NES entitlement).
23. Parental leave and related entitlements
[23 varied by PR763293 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 29—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
25. Family and domestic violence leave
[25—Unpaid family and domestic violence leave renamed and substituted by PR750463 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747408]
26.1 Public holiday entitlements are provided for in the NES.
26.2 Substitution of public holidays
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[26.2(c) substituted by PR747408 ppc 14Nov22]
(c) Where a rostered day off falls on a public holiday as prescribed in the NES the next working day or part-day will be substituted or another day or part-day by written agreement.
[26.3 deleted by PR747408 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774810 from 01Jul24]
26A. Workplace delegates’ rights
[26A inserted by PR774810 from 01Jul24]
26A.1 Clause 26A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 26A.
26A.2 In clause 26A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
26A.3 Before exercising entitlements under clause 26A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
26A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
26A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
26A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 26A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
26A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
26A.9 Exercise of entitlements under clause 26A
(a) A workplace delegate’s entitlements under clause 26A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 26A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 26A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 26A.
26A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 26A, the entitlement under the other clause applies instead of the entitlement under clause 26A.
27. Consultation about major workplace change
27.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
27.2 For the purposes of the discussion under clause 27.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 27.1(b).
27.5 In clause 27 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763293, PR777322, PR778061]
29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.
29.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
29.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
29.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 29.
29.8 While procedures are being followed under clause 29 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
29.9 Clause 29.8 is subject to any applicable work health and safety legislation.
[Note renumbered by PR778061 from 26Aug24]
NOTE1: Dispute resolution procedure training leave is provided for in clause 30—Dispute resolution procedure training leave.
[Notes 1 and 2 inserted by PR763293 ppc 01Aug23; deleted by PR778061 from 26Aug24]
[Note 2 inserted by PR778061 from 26Aug24; varied by PR777322 from 27Aug24]
NOTE 2: In addition to clause 29, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
30. Dispute resolution procedure training leave
30.1 Subject to clauses 30.7, 30.8 and 30.9 an eligible employee representative is entitled to, and the employer must grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.
30.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.
30.3 The notice to the employer must include details of the type, content and duration of the course to be attended.
30.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
30.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.
30.6 Leave of absence granted pursuant to clause 30 counts as service for all purposes of this award.
(a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; and
(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:
|
Number of employees employed by the employer in an enterprise or workplace |
Maximum number of eligible employee representatives entitled per year |
|
5–15 |
1 |
|
16–30 |
2 |
|
31–50 |
3 |
|
51–90 |
4 |
|
More than 90 |
5 |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
31.1 Notice of termination by an employee
(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 31.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 31.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 31.1(b), then no deduction can be made under clause 31.1(d).
(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
32.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
32.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.2.
Schedule A—Classification Descriptions
A.1 Preamble
The classification criteria in this schedule provide guidelines to determine the appropriate classification level of persons employed pursuant to this award. In determining the appropriate level, consideration must be given to the typical duties and skills. These are non‑exhaustive lists of duties and skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform a range of duties and skills, depending on the particular work allocated. The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform per se.
A.2 Technical Grade
A.2.1 Technical Grade 1
An employee who is undertaking structured training so as to enable the employee to perform duties associated with a Power Worker. Such structured training is to be completed within 3 months of appointment to this level.
An employee at this level works under direct supervision, and performs routine duties essentially of a manual nature.
Indicative positions include:
· Plant Operator—a suitably qualified operator of plant and equipment with basic competence/experience;
· Power Worker/Non-trade—an employee who undertakes work of a non-trade nature in accordance with their skills and training e.g. trades assistant, store person, labourer.
A.2.2 Technical Grade 2
An employee who is continuing structured training so as to enable the employee to perform a broader range of duties associated with a Power Worker.
An employee at this level works under general supervision, either individually or in a team environment and performs a broader range of duties in accordance with their training and skills.
Indicative positions include:
· Skilled Power Worker—an employee who undertakes work in a range of non-trade activities in accordance with their skills and training;
· Mobile Plant Operator—a suitably qualified operator of plant and equipment with general competence/experience.
A.2.3 Technical Grade 3
An employee who has Certificate III qualifications and/or other structured training to enable the employee to perform a broader range of duties which may include basic design work.
An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Tradesperson (including Lines/Cable Person);
· Advanced Plant Operator—an employee experienced in the operation in various plant or equipment applications (such as mobile plant) who possesses the appropriate certificate/ticket for that plant or equipment.
A.2.4 Technical Grade 4
An employee who has additional relevant qualifications or equivalent (post trade or technical) and/or other structured training to enable the employee to perform a broader range of duties.
An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Special class tradesperson such as substation, instrumentation and control;
· Live Line Glove & Barrier;
· Designer—an employee technically qualified to design distribution and/or transmission systems;
· Engineering Officer—an employee who is technically or trade qualified such as a technical officer or technician who maintains electronic control systems;
· Supervisor (base trades).
A.2.5 Technical Grade 5
An employee who has additional relevant qualifications or equivalent (post trade or technical) and/or other structured training to enable the employee to perform a broader range of duties.
An employee at this level works under technical guidance and limited supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Advanced Class Tradesperson such as protection, metering, communications and generation technicians;
· Supervisor (special class trades);
· Experienced Engineering Officer;
· Senior Technical Officer/Senior Technician.
A.2.6 Technical Grade 6
An employee who has additional relevant qualifications or equivalent (post trade, technical or degree) and/or other structured training to enable the employee to perform a range of technical or supervisory duties.
An employee at this level provides technical guidance and supervision for either individuals or a team and performs duties in accordance with their training and skills.
Indicative positions include:
· Work Group Supervisor.
A.2.7 Technical Grade 7
An employee who has additional relevant qualifications or equivalent (post trade, technical or degree) and/or other structured training to enable the employee to perform a range of engineering or technical duties with greater expertise or specialisation.
An employee at this level provides expert technical guidance for either individuals or a team and performs duties in accordance with their training and skills.
Indicative positions include:
· Senior Engineering Officer;
· Principal Technical Officer.
A.3 Administrative Grade
A.3.1 Administrative Grade 1
Positions at this grade provide a defined service. Roles are typically administrative/support roles in which employees undertake work in accordance with specifications, guidelines or instructions under direct supervision.
Indicative positions include:
· Meter Reader—an employee with basic numeracy and literacy skills to read devices used to monitor and record the usage of electricity;
· Office Assistant/Receptionist.
A.3.2 Administrative Grade 2
An employee who is continuing structured training so as to enable the employee to perform a broader range of duties associated with an administrative function.
An employee at this level works under general supervision, either individually or in a team environment and performs a broader range of duties in accordance with their training and skills.
Indicative positions include:
· Administrative Officer—an employee with experience and/or relevant training to enable them to perform a range of basic administrative or financial tasks including use of appropriate technology;
· Customer Service Officer—an employee with good interpersonal, computing and telephone skills to operate in a call centre environment.
A.3.3 Administrative Grade 3
An employee who has Certificate III qualifications or equivalent to enable the employee to perform a broader range of administrative duties.
An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Administrative Officer—an employee who maintains records, journals or utilises computer packages or records relating to invoices, payroll data, petty cash etc.
A.3.4 Administrative Grade 4
An employee who has additional relevant qualifications or equivalent to enable the employee to perform a broader range of administrative duties.
An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills. An employee may perform supervisory functions within the scope of the level and assist subordinate employees with on the job training.
Indicative positions include:
· Purchasing/Procurement Officer;
· HR Officer/Adviser;
· Payroll/Accounts Officer.
A.3.5 Administrative Grade 5
An employee who has additional relevant qualifications or equivalent to enable the employee to perform an extensive range of administrative duties. This may require the application of specialist training or extensive experience to interpret advanced or complex problems.
An employee at this level works under limited supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Senior Administrative Officer—an employee with extensive experience and/or relevant qualifications enabling them to perform administrative or financial tasks or project coordination. This may include guidance, supervision or instruction to employees at lower levels.
A.3.6 Administrative Grade 6
An employee who has higher level qualifications or equivalent to enable the employee to perform a high level range of administrative duties or supervisory functions.
An employee at this level provides expertise in administrative guidance and supervision for either individuals or a team and performs duties in accordance with their training and skills.
Indicative positions include:
· Senior Administrative Officer;
· Senior Finance Officer;
· Administrative Team Leader.
A.4 Professional/Managerial/Specialist Grade
A.4.1 Professional/Managerial/Specialist Grade 5
A professional employee at this level possesses qualifications required for their discipline (for example accounting, engineering, human resources, information technology, science, management or other relevant discipline).
A professional employee at this level undertakes initial professional tasks of limited scope and complexity. Under supervision from higher level professional employees as to method of approach and requirements, the professional employee performs normal professional work and exercises individual judgment and initiative in the application of professional principles, techniques and methods.
The professional employee may assign and check work of technical employees assigned to work on a common project.
A.4.2 Professional/Managerial/Specialist Grade 7
A professional employee at this level performs duties requiring the application of mature knowledge. The employee is an experienced professional who plans and conducts work without detailed supervision but with guidance on unusual features of work and who is usually engaged on more responsible assignments.
An employee may plan, direct, co-ordinate and supervise the work of other professional or technical employees.
A managerial or specialist employee at this level works independently as a specialist and or a senior member of a project team, exercising limited managerial responsibility where they are accountable for output.
A.4.3 Professional/Managerial/Specialist Grade 8
An employee at this level takes initiative, makes independent decisions and formulates policies and procedures within established frameworks to obtain the best performance and results. Duties are assigned in broad objectives and are reviewed for policy, soundness of approach, accomplishment and effectiveness. An employee may plan, direct, manage, co‑ordinate and supervise the work of other employees including administrative, professional, specialist or technical employees.
The employee may be a team leader having broad understanding spanning more than one professional field of work, or be a recognised authority within a particular specialised field of expertise, or both.
The employee gives expert technical advice to management and other units and takes responsibility for development and provision of systems, facilities and functions.
A.4.4 Professional/Managerial/Specialist Grade 10
An employee at this level undertakes professional, managerial or specialist work involving considerable independence, originality, ingenuity and judgment in their discipline. Duties are assigned in broad objectives and are reviewed for policy, soundness of approach, accomplishment and effectiveness.
The employee translates broader corporate objectives, strategies and policies into specific objectives, strategies and policies realisable by the organisation unit.
A.4.5 Professional/Managerial/Specialist Grade 11
An employee at this level undertakes professional, managerial or specialist work involving a high degree of independence, originality, ingenuity and judgment in their discipline.
Duties are assigned in broad objectives and are reviewed for policy, soundness of approach, accomplishment and effectiveness. An employee may plan, direct, manage, co-ordinate and supervise the work of other employees including administrative, professional, specialist or technical employees.
The employee may manage a diverse group of people to expected outcomes within established organisational protocols.
The employee may be a recognised expert in a specialist field of crucial importance and takes overall responsibility for the provision and control of systems, resources, facilities, functions and major investigations. The employee provides expert advice to senior levels to enable decisions to be made which affect significant programs. The employee would influence policy and strategy and normally formulate it.
A.5 Operations Grade
A.5.1 Operations Grade 2
An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Mine Operator—operates complex mining equipment and large machinery.
A.5.2 Operations Grade 3
An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.
Indicative positions include:
· Dredge Driver—an employee who has been trained and tested to a competent level in all facets of working with and operating large earth moving and coal digging machinery in an open cut mine.
A.5.3 Operations Grade 5
An employee at this level works under direct technical guidance and supervision, either individually or in a team environment and performs duties in accordance with their training and skills. The employee is directly engaged in the control and operation of electricity generation (ancillary plant), transmission and or distribution systems. The employee is engaged in tasks including but not limited to monitoring, operating and non-technical maintenance of plant and equipment, and training, supervising and co-ordinating for the above.
Indicative positions include:
· Ancillary Plant Operator (coal plant operator; ash and dust operator);
· System Control Room Operator/System Operator;
· Fault Analysis Officer;
· Plant Controller/Control Room Operator—an employee qualified to operate or control plant/network/distribution systems under supervision.
A.5.4 Operations Grade 6
An employee at this level works under general technical guidance and supervision, either individually or in a team environment and performs duties in accordance with their training and skills. The employee is engaged in the control and operation of complex electricity transmission and/or distribution systems. The employee is engaged in tasks including but not limited to monitoring, operating and maintenance of plant and equipment, and training, supervising and co-ordinating for the above.
Indicative positions include:
· System Control Room Operator/System Operator.
A.5.5 Operations Grade 7
An employee at this level works under limited technical guidance and supervision, either individually or in a team environment and performs duties in accordance with their training and skills. The employee is engaged in the control and operation of more complex electricity generation, transmission and or distribution systems. The employee is engaged in tasks including but not limited to monitoring, operating and maintenance of plant and equipment, and training, supervising and co-ordinating for the above.
Indicative positions include:
· Power Station Plant Operator;
· System Operator.
A.5.6 Operations Grade 8
An employee at this level provides technical guidance and supervision and performs duties in accordance with their training and skills. The employee is directly responsible for the control and operation of electricity generation units, transmission, distribution systems or the management of mine operations. The employee is engaged in tasks including but not limited to monitoring and control, maintenance of plant and equipment, and training, supervising and co-ordinating for the above.
Indicative positions include:
· Mine Shift Manager;
· Power Station Plant Controller—an employee qualified to operate and control unitised power plant and supervise personnel;
· System/Network Controller—an employee with appropriate technical qualification who operates a complex distribution and/or transmission network.
A.5.7 Operations Grade 10
An employee at this level provides high level technical guidance and supervision and performs duties in accordance with their training and skills. The employee manages on-shift operations of large power stations and has extensive industry experience.
Indicative positions include:
· Power Station Shift Manager.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718906, PR729347, PR740774, PR762197, PR773976]
The hourly rates in Schedule B are based on a 37.5 hour week.
B.1 Full-time and part-time adult employees
B.1.1 Full-time and part-time adult employees—ordinary and penalty rates
[B.1.1 varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
|||
|
|
100% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Pay level 1 |
|
|
|
|
|
Technical Grade 1 |
24.53 |
36.80 |
49.06 |
61.33 |
|
Administrative Grade 1 |
24.53 |
36.80 |
49.06 |
61.33 |
|
Pay level 2 |
|
|
|
|
|
Technical Grade 2 |
26.03 |
39.05 |
52.06 |
65.08 |
|
Administrative Grade 2 |
26.03 |
39.05 |
52.06 |
65.08 |
|
Operations Grade 2 |
26.03 |
39.05 |
52.06 |
65.08 |
|
Pay level 3 |
|
|
|
|
|
Technical Grade 3 |
27.54 |
41.31 |
55.08 |
68.85 |
|
Administrative Grade 3 |
27.54 |
41.31 |
55.08 |
68.85 |
|
Operations Grade 3 |
27.54 |
41.31 |
55.08 |
68.85 |
|
Pay level 4 |
|
|
|
|
|
Technical Grade 4 |
30.15 |
45.23 |
60.30 |
75.38 |
|
Administrative Grade 4 |
30.15 |
45.23 |
60.30 |
75.38 |
|
Pay level 5 |
|
|
|
|
|
Technical Grade 5 |
32.81 |
49.22 |
65.62 |
82.03 |
|
Administrative Grade 5 |
32.81 |
49.22 |
65.62 |
82.03 |
|
Professional/Manager/Specialist Grade 5 |
32.81 |
49.22 |
65.62 |
82.03 |
|
Operations Grade 5 |
32.81 |
49.22 |
65.62 |
82.03 |
|
Pay level 6 |
|
|
|
|
|
Technical Grade 6 |
35.47 |
53.21 |
70.94 |
88.68 |
|
Administrative Grade 6 |
35.47 |
53.21 |
70.94 |
88.68 |
|
Operations Grade 6 |
35.47 |
53.21 |
70.94 |
88.68 |
|
Pay level 7 |
|
|
|
|
|
Technical Grade 7 |
38.12 |
57.18 |
76.24 |
95.30 |
|
Professional/Manager/Specialist Grade 7 |
38.12 |
57.18 |
76.24 |
95.30 |
|
Operations Grade 7 |
38.12 |
57.18 |
76.24 |
95.30 |
|
Pay level 8 |
|
|
|
|
|
Professional/Manager/Specialist Grade 8 |
40.78 |
61.17 |
81.56 |
101.95 |
|
Operations Grade 8 |
40.78 |
61.17 |
81.56 |
101.95 |
|
Pay level 9 |
43.43 |
65.15 |
86.86 |
108.58 |
|
Pay level 10 |
|
|
|
|
|
Professional/Manager/Specialist Grade 10 |
46.09 |
69.14 |
92.18 |
115.23 |
|
Operations Grade 10 |
46.09 |
69.14 |
92.18 |
115.23 |
|
Pay level 11 |
|
|
|
|
|
Professional/Manager/Specialist Grade 11 |
48.70 |
73.05 |
97.40 |
121.75 |
B.1.2 Full-time and part-time adult employees—shiftwork rates
[B.1.2 varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
|
|
Afternoon shift |
Night shift |
Permanent night shift |
|
|
% of minimum hourly rate |
||
|
|
116% |
122.5% |
130% |
|
|
$ |
$ |
$ |
|
Pay level 1 |
|
|
|
|
Technical Grade 1 |
28.45 |
30.05 |
31.89 |
|
Administrative Grade 1 |
28.45 |
30.05 |
31.89 |
|
Pay level 2 |
|
|
|
|
Technical Grade 2 |
30.19 |
31.89 |
33.84 |
|
Administrative Grade 2 |
30.19 |
31.89 |
33.84 |
|
Operations Grade 2 |
30.19 |
31.89 |
33.84 |
|
Pay level 3 |
|
|
|
|
Technical Grade 3 |
31.95 |
33.74 |
35.80 |
|
Administrative Grade 3 |
31.95 |
33.74 |
35.80 |
|
Operations Grade 3 |
31.95 |
33.74 |
35.80 |
|
Pay level 4 |
|
|
|
|
Technical Grade 4 |
34.97 |
36.93 |
39.20 |
|
Administrative Grade 4 |
34.97 |
36.93 |
39.20 |
|
Pay level 5 |
|
|
|
|
Technical Grade 5 |
38.06 |
40.19 |
42.65 |
|
Administrative Grade 5 |
38.06 |
40.19 |
42.65 |
|
Professional/Manager/Specialist Grade 5 |
38.06 |
40.19 |
42.65 |
|
Operations Grade 5 |
38.06 |
40.19 |
42.65 |
|
Pay level 6 |
|
|
|
|
Technical Grade 6 |
41.15 |
43.45 |
46.11 |
|
Administrative Grade 6 |
41.15 |
43.45 |
46.11 |
|
Operations Grade 6 |
41.15 |
43.45 |
46.11 |
|
Pay level 7 |
|
|
|
|
Technical Grade 7 |
44.22 |
46.70 |
49.56 |
|
Professional/Manager/Specialist Grade 7 |
44.22 |
46.70 |
49.56 |
|
Operations Grade 7 |
44.22 |
46.70 |
49.56 |
|
Pay level 8 |
|
|
|
|
Professional/Manager/Specialist Grade 8 |
47.30 |
49.96 |
53.01 |
|
Operations Grade 8 |
47.30 |
49.96 |
53.01 |
|
Pay level 9 |
50.38 |
53.20 |
56.46 |
|
Pay level 10 |
|
|
|
|
Professional/Manager/Specialist Grade 10 |
53.46 |
56.46 |
59.92 |
|
Operations Grade 10 |
53.46 |
56.46 |
59.92 |
|
Pay level 11 |
|
|
|
|
Professional/Manager/Specialist Grade 11 |
56.49 |
59.66 |
63.31 |
B.1.3 Full-time and part-time adult employees—overtime
[B.1.3 varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
|
|
Day workers and non-continuous shiftworkers |
Continuous shiftworkers |
All employees |
||
|
Monday to Saturday—first 2 hours |
Monday to Saturday—after 2 hours |
Monday to Saturday—all hours |
Sunday |
Public holidays |
|
|
|
% of minimum hourly rate |
||||
|
|
150% |
200% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Pay level 1 |
|
|
|
|
|
|
Technical Grade 1 |
36.80 |
49.06 |
49.06 |
49.06 |
61.33 |
|
Administrative Grade 1 |
36.80 |
49.06 |
49.06 |
49.06 |
61.33 |
|
Pay level 2 |
|
|
|
|
|
|
Technical Grade 2 |
39.05 |
52.06 |
52.06 |
52.06 |
65.08 |
|
Administrative Grade 2 |
39.05 |
52.06 |
52.06 |
52.06 |
65.08 |
|
Operations Grade 2 |
39.05 |
52.06 |
52.06 |
52.06 |
65.08 |
|
Pay level 3 |
|
|
|
|
|
|
Technical Grade 3 |
41.31 |
55.08 |
55.08 |
55.08 |
68.85 |
|
Administrative Grade 3 |
41.31 |
55.08 |
55.08 |
55.08 |
68.85 |
|
Operations Grade 3 |
41.31 |
55.08 |
55.08 |
55.08 |
68.85 |
|
Pay level 4 |
|
|
|
|
|
|
Technical Grade 4 |
45.23 |
60.30 |
60.30 |
60.30 |
75.38 |
|
Administrative Grade 4 |
45.23 |
60.30 |
60.30 |
60.30 |
75.38 |
|
Pay level 5 |
|
|
|
|
|
|
Technical Grade 5 |
49.22 |
65.62 |
65.62 |
65.62 |
82.03 |
|
Administrative Grade 5 |
49.22 |
65.62 |
65.62 |
65.62 |
82.03 |
|
Professional/Manager/Specialist Grade 5 |
49.22 |
65.62 |
65.62 |
65.62 |
82.03 |
|
Operations Grade 5 |
49.22 |
65.62 |
65.62 |
65.62 |
82.03 |
|
Pay level 6 |
|
|
|
|
|
|
Technical Grade 6 |
53.21 |
70.94 |
70.94 |
70.94 |
88.68 |
|
Administrative Grade 6 |
53.21 |
70.94 |
70.94 |
70.94 |
88.68 |
|
Operations Grade 6 |
53.21 |
70.94 |
70.94 |
70.94 |
88.68 |
|
Pay level 7 |
|
|
|
|
|
|
Technical Grade 7 |
57.18 |
76.24 |
76.24 |
76.24 |
95.30 |
|
Professional/Manager/Specialist Grade 7 |
57.18 |
76.24 |
76.24 |
76.24 |
95.30 |
|
Operations Grade 7 |
57.18 |
76.24 |
76.24 |
76.24 |
95.30 |
|
Pay level 8 |
|
|
|
|
|
|
Professional/Manager/Specialist Grade 8 |
61.17 |
81.56 |
81.56 |
81.56 |
101.95 |
|
Operations Grade 8 |
61.17 |
81.56 |
81.56 |
81.56 |
101.95 |
|
Pay level 9 |
65.15 |
86.86 |
86.86 |
86.86 |
108.58 |
|
Pay level 10 |
|
|
|
|
|
|
Professional/Manager/Specialist Grade 10 |
69.14 |
92.18 |
92.18 |
92.18 |
115.23 |
|
Operations Grade 10 |
69.14 |
92.18 |
92.18 |
92.18 |
115.23 |
|
Pay level 11 |
|
|
|
|
|
|
Professional/Manager/Specialist Grade 11 |
73.05 |
97.40 |
97.40 |
97.40 |
121.75 |
B.2 Casual adult employees
B.2.1 Casual adult employees—ordinary and penalty rates
[B.2.1 varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
|||
|
|
125% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
|
Pay level 1 |
|
|
|
|
|
Technical Grade 1 |
30.66 |
42.93 |
55.19 |
67.46 |
|
Administrative Grade 1 |
30.66 |
42.93 |
55.19 |
67.46 |
|
Pay level 2 |
|
|
|
|
|
Technical Grade 2 |
32.54 |
45.55 |
58.57 |
71.58 |
|
Administrative Grade 2 |
32.54 |
45.55 |
58.57 |
71.58 |
|
Operations Grade 2 |
32.54 |
45.55 |
58.57 |
71.58 |
|
Pay level 3 |
|
|
|
|
|
Technical Grade 3 |
34.43 |
48.20 |
61.97 |
75.74 |
|
Administrative Grade 3 |
34.43 |
48.20 |
61.97 |
75.74 |
|
Operations Grade 3 |
34.43 |
48.20 |
61.97 |
75.74 |
|
Pay level 4 |
|
|
|
|
|
Technical Grade 4 |
37.69 |
52.76 |
67.84 |
82.91 |
|
Administrative Grade 4 |
37.69 |
52.76 |
67.84 |
82.91 |
|
Pay level 5 |
|
|
|
|
|
Technical Grade 5 |
41.01 |
57.42 |
73.82 |
90.23 |
|
Administrative Grade 5 |
41.01 |
57.42 |
73.82 |
90.23 |
|
Professional/Manager/Specialist Grade 5 |
41.01 |
57.42 |
73.82 |
90.23 |
|
Operations Grade 5 |
41.01 |
57.42 |
73.82 |
90.23 |
|
Pay level 6 |
|
|
|
|
|
Technical Grade 6 |
44.34 |
62.07 |
79.81 |
97.54 |
|
Administrative Grade 6 |
44.34 |
62.07 |
79.81 |
97.54 |
|
Operations Grade 6 |
44.34 |
62.07 |
79.81 |
97.54 |
|
Pay level 7 |
|
|
|
|
|
Technical Grade 7 |
47.65 |
66.71 |
85.77 |
104.83 |
|
Professional/Manager/Specialist Grade 7 |
47.65 |
66.71 |
85.77 |
104.83 |
|
Operations Grade 7 |
47.65 |
66.71 |
85.77 |
104.83 |
|
Pay level 8 |
|
|
|
|
|
Professional/Manager/Specialist Grade 8 |
50.98 |
71.37 |
91.76 |
112.15 |
|
Operations Grade 8 |
50.98 |
71.37 |
91.76 |
112.15 |
|
Pay level 9 |
54.29 |
76.00 |
97.72 |
119.43 |
|
Pay level 10 |
|
|
|
|
|
Professional/Manager/Specialist Grade 10 |
57.61 |
80.66 |
103.70 |
126.75 |
|
Operations Grade 10 |
57.61 |
80.66 |
103.70 |
126.75 |
|
Pay level 11 |
|
|
|
|
|
Professional/Manager/Specialist Grade 11 |
60.88 |
85.23 |
109.58 |
133.93 |
B.2.2 Casual adult employees—shiftwork rates
[B.2.2 varied by PR718906, PR729347, PR740774, PR762197, PR773976 ppc 01Jul24]
|
|
Afternoon shift |
Night shift |
Permanent night shift |
|
|
% of minimum hourly rate |
||
|
|
141% |
147.5% |
155% |
|
|
$ |
$ |
$ |
|
Pay level 1 |
|
|
|
|
Technical Grade 1 |
34.59 |
36.18 |
38.02 |
|
Administrative Grade 1 |
34.59 |
36.18 |
38.02 |
|
Pay level 2 |
|
|
|
|
Technical Grade 2 |
36.70 |
38.39 |
40.35 |
|
Administrative Grade 2 |
36.70 |
38.39 |
40.35 |
|
Operations Grade 2 |
36.70 |
38.39 |
40.35 |
|
Pay level 3 |
|
|
|
|
Technical Grade 3 |
38.83 |
40.62 |
42.69 |
|
Administrative Grade 3 |
38.83 |
40.62 |
42.69 |
|
Operations Grade 3 |
38.83 |
40.62 |
42.69 |
|
Pay level 4 |
|
|
|
|
Technical Grade 4 |
42.51 |
44.47 |
46.73 |
|
Administrative Grade 4 |
42.51 |
44.47 |
46.73 |
|
Pay level 5 |
|
|
|
|
Technical Grade 5 |
46.26 |
48.39 |
50.86 |
|
Administrative Grade 5 |
46.26 |
48.39 |
50.86 |
|
Professional/Manager/Specialist Grade 5 |
46.26 |
48.39 |
50.86 |
|
Operations Grade 5 |
46.26 |
48.39 |
50.86 |
|
Pay level 6 |
|
|
|
|
Technical Grade 6 |
50.01 |
52.32 |
54.98 |
|
Administrative Grade 6 |
50.01 |
52.32 |
54.98 |
|
Operations Grade 6 |
50.01 |
52.32 |
54.98 |
|
Pay level 7 |
|
|
|
|
Technical Grade 7 |
53.75 |
56.23 |
59.09 |
|
Professional/Manager/Specialist Grade 7 |
53.75 |
56.23 |
59.09 |
|
Operations Grade 7 |
53.75 |
56.23 |
59.09 |
|
Pay level 8 |
|
|
|
|
Professional/Manager/Specialist Grade 8 |
57.50 |
60.15 |
63.21 |
|
Operations Grade 8 |
57.50 |
60.15 |
63.21 |
|
Pay level 9 |
61.24 |
64.06 |
67.32 |
|
Pay level 10 |
|
|
|
|
Professional/Manager/Specialist Grade 10 |
64.99 |
67.98 |
71.44 |
|
Operations Grade 10 |
64.99 |
67.98 |
71.44 |
|
Pay level 11 |
|
|
|
|
Professional/Manager/Specialist Grade 11 |
68.67 |
71.83 |
75.49 |
Schedule C—Summary of Monetary Allowances
[Varied by PR718906, PR719058, PR729347, PR729531, PR740774, PR740937, PR750841, PR762197, PR762364, PR763784, PR773976, PR774146]
See clause 17—Allowances for full details of allowances payable under this award.
[C.1.1 varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23, PR763784 ppc 03Jul23; PR773976 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly wage for classification at Pay Level 3 in clause 15—Minimum rates = $1032.90
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Availability allowance—1 in 5 weeks or more |
17.2(a)(i) |
18.0 |
185.92 |
per week |
|
Availability allowance—1 in 4 weeks or less |
17.2(a)(ii) |
26.0 |
268.55 |
per week |
|
First aid allowance |
17.2(b)(i) |
1.9 |
19.63 |
per week |
|
Power station allowance—Professional, managerial, specialist or administrative employees |
17.2(c)(i) |
2.05 |
21.17 |
per week |
|
Power station allowance—Technical or operations employees |
17.2(c)(ii) |
7.0 |
72.30 |
per week |
|
Open cut brown coal mine allowance |
17.2(d) |
11.0 |
113.62 |
per week |
|
Briquette factory allowance |
17.2(e)(i) |
8.5 |
87.80 |
per week |
|
Coal handling allowance |
17.2(f) |
11.0 |
113.62 |
per week |
|
Transmission allowance—work on overhead/underground power lines or associated plant or equipment |
17.2(g) |
6.0 |
61.97 |
per week |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750841 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2.1 varied by PR719058, PR729531, PR740937, PR762364, PR774146 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
17.3(a) |
19.82 |
per meal |
|
Motor vehicle allowance—Motor vehicle |
17.3(b)(i) |
0.99 |
per km |
|
Motor vehicle allowance—Motorcycle |
17.3(b)(ii) |
0.33 |
per km |
|
Tool allowance |
17.3(c)(i) |
23.55 |
per week |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(a) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle allowance |
Private motoring sub-group |
|
Tool allowance |
Tools and equipment for house and garden component of the household appliances, utensils and tool sub-group. |
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice, or at the rate of competency based progression if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration), or stages of competency based progression if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause E.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[E.4.1 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.4.1 Provided that the minimum amount payable must be not less than $106 per week.
E.4.2 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
E.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
E.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
E.10 Trial period
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.
Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
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Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule H—Part-day Public Holidays deleted by PR747408 ppc 14Nov22]
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