MA000088

Electrical Power Industry Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771362).

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

18—Superannuation

 

Table of Contents

[Varied by PR747408, PR750463]

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

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

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

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

4. Coverage....................................................................................................................... 5

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

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

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

Part 2— Types of Employment and Classifications................................................................... 9

8. Types of employment................................................................................................... 9

9. Full-time employees................................................................................................... 10

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

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

12. Classifications............................................................................................................. 12

Part 3— Hours of Work............................................................................................................ 13

13. Ordinary hours of work and rostering........................................................................ 13

14. Breaks......................................................................................................................... 15

Part 4— Wages and Allowances.............................................................................................. 18

15. Minimum rates........................................................................................................... 18

16. Payment of wages....................................................................................................... 24

17. Allowances.................................................................................................................. 25

18. Superannuation.......................................................................................................... 29

Part 5— Overtime and Penalty Rates...................................................................................... 31

19. Overtime..................................................................................................................... 31

20. Penalty Rates.............................................................................................................. 33

Part 6— Leave and Public Holidays......................................................................................... 34

21. Annual leave............................................................................................................... 34

22. Personal/carer’s leave and compassionate leave....................................................... 40

23. Parental leave and related entitlements.................................................................... 40

24. Community service leave............................................................................................ 40

25. Family and domestic violence leave........................................................................... 40

26. Public holidays............................................................................................................ 40

Part 7— Consultation and Dispute Resolution........................................................................ 41

27. Consultation about major workplace change............................................................ 41

28. Consultation about changes to rosters or hours of work........................................... 42

29. Dispute resolution...................................................................................................... 43

30. Dispute resolution procedure training leave.............................................................. 44

Part 8— Termination of Employment and Redundancy......................................................... 45

31. Termination of employment....................................................................................... 45

32. Redundancy................................................................................................................ 47

Schedule A —Classification Descriptions................................................................................ 49

Schedule B —Summary of Hourly Rates of Pay...................................................................... 58

Schedule C —Summary of Monetary Allowances................................................................... 73

Schedule D —School-based Apprentices................................................................................. 76

Schedule E —Supported Wage System.................................................................................... 78

Schedule F —Agreement to Take Annual Leave in Advance................................................... 82

Schedule G —Agreement to Cash Out Annual Leave.............................................................. 84


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.

2.                      Definitions

[Varied by PR733921]

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]

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

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.

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

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

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).

standard rate means the minimum weekly rate for classification at Pay Level 3 in clause 15—Minimum rates.

3.                      The National Employment Standards and this award

3.1                   The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

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

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

4.                      Coverage

[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 12Classifications and Schedule A—Classification Descriptions to the exclusion of any other modern award.

4.2                   In this award, electrical power industry means:

(a)          the generation (by whatever means), transmission, distribution and retail supply of electrical power; and

(b)         the mining, processing and treatment of brown coal (by whatever means) for use in generating electrical power;

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]

(a)          a contractor who is covered by the Electrical, Electronic and Communications Contracting Award 2020, the Building and Construction General On-site Award 2020 or the Mobile Crane Hiring Award 2020 and the employees of that contractor;

(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

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

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

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

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

5.11               An agreement may be terminated:

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

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

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

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

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

6.                      Requests for flexible working arrangements

[6 substituted by 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.                      Facilitative provisions

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.                      Types of employment

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.

9.                      Full-time employees

A full-time employee works an average of 37.5 hours per week.

10.                 Part-time employees

[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]

10.4               All time worked in excess of the hours as mutually arranged will be overtime and paid for at overtime rates.

[10.6 renumbered as 10.5 by PR733921 from 27Sep21]

10.5               For each ordinary hour worked, a part-time employee will be paid no less than the minimum hourly rate of pay for the relevant classification plus any applicable allowances.

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.

11.                 Casual employees

[Varied by PR723895, PR733921]

[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               Offers and requests for casual conversion

[11.7 renumbered as 11.6, renamed and substituted by PR733921 from 27Sep21]

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

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 29—Dispute resolution.

12.                 Classifications

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 15Minimum 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.

Part 3—Hours of Work

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.

13.2               Shiftworkers and rosters

(a)          An employer may require an employee to undertake rostered shiftwork.

(b)         An employer may implement a roster with a cycle length of any period of weeks up to and including 12 weeks.

(c)          A roster with a longer cycle length may be implemented with the agreement of a majority of affected employees.

(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.

(f)           Twelve hour 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.

13.3               Recall

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.

13.4               Call-out

(a)          An employee called out on emergency work will be entitled to payment from the time of leaving home to commence that work until they return home from the work. The employee must return home within a reasonable time, and payment will be calculated accordingly.

(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.

14.                 Breaks

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

(a)          An employee who is required to work overtime for not less than 2 hours but not more than 4 hours before or after working ordinary rostered hours will receive a crib break of 20 minutes during that overtime which will count as time worked. A meal will be provided by the employer or a meal allowance will be paid in accordance with clause 17.3(a).

(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.

14.7               Ten hour break

(a)          Length of the rest period

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

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

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

·  there will be no loss of pay for ordinary hours of work time which occur during this absence.

(ii)          The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 14.7(b)(i):

·  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.

(d)         These provisions will apply in the case of shiftworkers as if 8 hours were substituted for 10 hours when overtime is worked:

(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.

Part 4—Wages and Allowances

15.                 Minimum rates

[Varied by PR720159, PR718906, PR723827, PR729347, PR740774, PR762197, PR767898]

[15.1 varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

15.1               The employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Pay level 1

 

 

Technical Grade 1

886.60

23.64

Administrative Grade 1

886.60

23.64

Pay level 2

 

 

Technical Grade 2

940.80

25.09

Administrative Grade 2

940.80

25.09

Operations Grade 2

940.80

25.09

Pay level 3

 

 

Technical Grade 3

995.60

26.55

Administrative Grade 3

995.60

26.55

Operations Grade 3

995.60

26.55

Pay level 4

 

 

Technical Grade 4

1089.80

29.06

Administrative Grade 4

1089.80

29.06

Pay level 5

 

 

Technical Grade 5

1186.00

31.63

Administrative Grade 5

1186.00

31.63

Professional/Manager/Specialist Grade 5

1186.00

31.63

Operations Grade 5

1186.00

31.63

Pay level 6

 

 

Technical Grade 6

1281.90

34.18

Administrative Grade 6

1281.90

34.18

Operations Grade 6

1281.90

34.18

Pay level 7

 

 

Technical Grade 7

1377.80

36.74

Professional/Manager/Specialist Grade 7

1377.80

36.74

Operations Grade 7

1377.80

36.74

Pay level 8

 

 

Professional/Manager/Specialist Grade 8

1473.80

39.30

Operations Grade 8

1473.80

39.30

Pay level 9

1569.90

41.86

Pay level 10

 

 

Professional/Manager/Specialist Grade 10

1665.80

44.42

Operations Grade 10

1665.80

44.42

Pay level 11

 

 

Professional/Manager/Specialist Grade 11

1760.10

46.94

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

15.2               Apprentices and trainees

(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.

(b)         Apprentice rates

(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

15.4               School-based apprentices

For school-based apprentices Schedule D—School-based Apprentices.

15.5               Higher duties

(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.

15.6               Supported wage system

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

15.7               National training wage

[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 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. 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]

16.                 Payment of wages

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

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

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

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

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

(b)         The requirement to pay wages and other amounts under clause 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.

17.                 Allowances

[Varied by PR718906, PR719058, PR729347, PR729531, PR740774, PR740937, PR762197, PR762364]

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

17.1               Employers must pay to an employee the allowances the employee is entitled to under clause 17.

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

17.2               Wage-related allowances

(a)          Availability allowance

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 ppc 01Jul23]

(i)            1 in 5 weeks or more rostered on availability duty—$179.21 per week; or

[17.2(a)(ii) varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

(ii)          1 in 4 weeks or less rostered on availability duty—$258.86 per week.

The allowances in clauses 17.2(a)(i) and17.2(a)(ii) are payable daily (on a pro rata basis) or weekly.

(b)         First aid allowance

[17.2(b)(i) varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

(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 $18.92 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 ppc 01Jul23]

(i)            Professional, Managerial, Specialist or Administrative employee—$20.41 per week;

[17.2(c)(ii) varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

(ii)          Technical or Operations employee—$69.69 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 ppc 01Jul23]

An employee will be paid an allowance of $109.52 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 ppc 01Jul23]

(i)            An employee required to work in a briquette factory will be paid an allowance of $84.63 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.

(f)           Coal handling allowance

[17.2(f) varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

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 $109.52 per week.

(g)          Transmission allowance

[17.2(g) varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

An employee will be paid an allowance of $59.74 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

(a)          Meal allowance

[17.3(a) varied by PR719058, PR729531, PR740937, PR762364 ppc 01Jul23]

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 $18.60 per meal.

(b)         Motor vehicle allowance

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 ppc 01Jul23]

(i)            motor vehicle—$0.96 per kilometre; and

[17.3(b)(ii) varied by PR719058, PR740937, PR762364 ppc 01Jul23]

(ii)          motorcycle—$0.32 per kilometre.

(c)          Tool allowance

[17.3(c)(i) varied by PR719058, PR729531, PR740937, PR762364 ppc 01Jul23]

(i)            An employee who is required to supply and maintain a basic tool kit will be paid an allowance of $23.02 per week.

(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.

18.                 Superannuation

[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.

18.2               Employer contributions

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

18.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

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

(c)          The employer must pay the amount authorised under clauses 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

19.                 Overtime

[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.

(c)          Time off must be taken:

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

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

(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.

20.                 Penalty Rates

Penalty rates are payable in respect of ordinary hours at the following rates:

 

% of minimum hourly rate

Afternoon shift
(where more than one third of rostered ordinary hours are on afternoon shift)

116

Night shift
(where more than one third of rostered ordinary hours are on night shift)

122.5

Permanent night shift
(where an employee works only night shift)

130

Saturday

150

Sunday

200

Public holiday

250

   

Part 6—Leave and Public Holidays

21.        Annual leave

[Varied by PR751095]

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).

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

(c)          Clause 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.

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

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 21.8(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

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

(e)          A direction by the employer under clause 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.

21.10           Annual leave in advance

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

(b)         An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 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.

24.                 Community service leave

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.

26.                 Public holidays

[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—Consultation and Dispute Resolution

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.

28.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

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

(b)         invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

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.

29.                 Dispute resolution

[Varied by PR763293]

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.

29.2               The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

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: Dispute resolution procedure training leave is provided for in clause 30.

[Note 1 inserted by PR763293 ppc 01Aug23]

NOTE 1: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763293 ppc 01Aug23]

NOTE 2: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

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.

30.7               For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(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

30.8               Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

30.9               For the purpose of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time and part-time employees, and casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 29Dispute resolution applies.

Part 8—Termination of Employment and Redundancy

31.                 Termination of employment

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.

31.2               Job search entitlement

(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.

32.                 Redundancy

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

(ii)          transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 32.1(c).

(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 AClassification 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 BSummary of Hourly Rates of Pay

[Varied by PR718906, PR729347, PR740774, PR762197]

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 ppc 01Jul23]

 

Ordinary hours

Saturday

Sunday

Public holiday

 

% of minimum hourly rate

 

100%

150%

200%

250%

 

$

$

$

$

Pay level 1

 

 

 

 

Technical Grade 1

23.64

35.46

47.28

59.10

Administrative Grade 1

23.64

35.46

47.28

59.10

Pay level 2

 

 

 

 

Technical Grade 2

25.09

37.64

50.18

62.73

Administrative Grade 2

25.09

37.64

50.18

62.73

Operations Grade 2

25.09

37.64

50.18

62.73

Pay level 3

 

 

 

 

Technical Grade 3

26.55

39.83

53.10

66.38

Administrative Grade 3

26.55

39.83

53.10

66.38

Operations Grade 3

26.55

39.83

53.10

66.38

Pay level 4

 

 

 

 

Technical Grade 4

29.06

43.59

58.12

72.65

Administrative Grade 4

29.06

43.59

58.12

72.65

Pay level 5

 

 

 

 

Technical Grade 5

31.63

47.45

63.26

79.08

Administrative Grade 5

31.63

47.45

63.26

79.08

Professional/Manager/Specialist Grade 5

31.63

47.45

63.26

79.08

Operations Grade 5

31.63

47.45

63.26

79.08

Pay level 6

 

 

 

 

Technical Grade 6

34.18

51.27

68.36

85.45

Administrative Grade 6

34.18

51.27

68.36

85.45

Operations Grade 6

34.18

51.27

68.36

85.45

Pay level 7

 

 

 

 

Technical Grade 7

36.74

55.11

73.48

91.85

Professional/Manager/Specialist Grade 7

36.74

55.11

73.48

91.85

Operations Grade 7

36.74

55.11

73.48

91.85

Pay level 8

 

 

 

 

Professional/Manager/Specialist Grade 8

39.30

58.95

78.60

98.25

Operations Grade 8

39.30

58.95

78.60

98.25

Pay level 9

41.86

62.79

83.72

104.65

Pay level 10

 

 

 

 

Professional/Manager/Specialist Grade 10

44.42

66.63

88.84

111.05

Operations Grade 10

44.42

66.63

88.84

111.05

Pay level 11

 

 

 

 

Professional/Manager/Specialist Grade 11

46.94

70.41

93.88

117.35

B.1.2            Full-time and part-time adult employees—shiftwork rates

[B.1.2 varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

 

Afternoon shift

Night shift

Permanent night shift

 

% of minimum hourly rate

 

116%

122.5%

130%

 

$

$

$

Pay level 1

 

 

 

Technical Grade 1

27.42

28.96

30.73

Administrative Grade 1

27.42

28.96

30.73

Pay level 2

 

 

 

Technical Grade 2

29.10

30.74

32.62

Administrative Grade 2

29.10

30.74

32.62

Operations Grade 2

29.10

30.74

32.62

Pay level 3

 

 

 

Technical Grade 3

30.80

32.52

34.52

Administrative Grade 3

30.80

32.52

34.52

Operations Grade 3

30.80

32.52

34.52

Pay level 4

 

 

 

Technical Grade 4

33.71

35.60

37.78

Administrative Grade 4

33.71

35.60

37.78

Pay level 5

 

 

 

Technical Grade 5

36.69

38.75

41.12

Administrative Grade 5

36.69

38.75

41.12

Professional/Manager/Specialist Grade 5

36.69

38.75

41.12

Operations Grade 5

36.69

38.75

41.12

Pay level 6

 

 

 

Technical Grade 6

39.65

41.87

44.43

Administrative Grade 6

39.65

41.87

44.43

Operations Grade 6

39.65

41.87

44.43

Pay level 7

 

 

 

Technical Grade 7

42.62

45.01

47.76

Professional/Manager/Specialist Grade 7

42.62

45.01

47.76

Operations Grade 7

42.62

45.01

47.76

Pay level 8

 

 

 

Professional/Manager/Specialist Grade 8

45.59

48.14

51.09

Operations Grade 8

45.59

48.14

51.09

Pay level 9

48.56

51.28

54.42

Pay level 10

 

 

 

Professional/Manager/Specialist Grade 10

51.53

54.41

57.75

Operations Grade 10

51.53

54.41

57.75

Pay level 11

 

 

 

Professional/Manager/Specialist Grade 11

54.45

57.50

61.02

B.1.3            Full-time and part-time adult employees—overtime

[B.1.3 varied by PR718906, PR729347, PR740774, PR762197 ppc 01Jul23]

 

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

35.46

47.28

47.28

47.28

59.10

Administrative Grade 1

35.46

47.28

47.28

47.28

59.10

Pay level 2

 

 

 

 

 

Technical Grade 2

37.64

50.18

50.18

50.18

62.73

Administrative Grade 2

37.64

50.18

50.18

50.18

62.73

Operations Grade 2

37.64

50.18

50.18

50.18

62.73

Pay level 3

 

 

 

 

 

Technical Grade 3

39.83

53.10

53.10

53.10

66.38

Administrative Grade 3

39.83

53.10

53.10

53.10

66.38

Operations Grade 3

39.83

53.10

53.10

53.10

66.38

Pay level 4

 

 

 

 

 

Technical Grade 4

43.59

58.12

58.12

58.12

72.65

Administrative Grade 4

43.59

58.12

58.12

58.12

72.65

Pay level 5

 

 

 

 

 

Technical Grade 5

47.45

63.26

63.26

63.26

79.08

Administrative Grade 5

47.45

63.26

63.26

63.26

79.08

Professional/Manager/Specialist Grade 5

47.45

63.26

63.26

63.26

79.08

Operations Grade 5

47.45

63.26

63.26

63.26

79.08

Pay level 6

 

 

 

 

 

Technical Grade 6

51.27

68.36

68.36

68.36

85.45

Administrative Grade 6

51.27

68.36

68.36

68.36

85.45

Operations Grade 6

51.27

68.36

68.36

68.36

85.45

Pay level 7

 

 

 

 

 

Technical Grade 7

55.11

73.48

73.48

73.48

91.85

Professional/Manager/Specialist Grade 7

55.11

73.48

73.48

73.48

91.85

Operations Grade 7

55.11

73.48

73.48

73.48

91.85

Pay level 8

 

 

 

 

 

Professional/Manager/Specialist Grade 8