MA000089

Vehicle Repair, Services and Retail Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2024 (PR773977, PR774051, PR774147 and PR774811).

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

2—Definitions

16—Minimum rates

18—Wage-related allowances

19—Expense-related allowances

27—Special provisions—driveway attendant, console operator and roadhouse attendant

28—Special provisions—persons employed principally to sell vehicles

Part 6—Workplace Delegates, Consultation and Dispute Resolution

34A—Workplace delegates’ rights

Schedule B—Summary of Hourly Rates of Pay

Schedule C—Summary of Monetary Allowances

Schedule E—Supported Wage System

 

Table of Contents

[Varied by PR742728, PR747570, PR750556, PR774811]

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. 12

4. Coverage. 12

5. Individual flexibility arrangements. 14

6. Requests for flexible working arrangements. 16

7. Facilitative provisions. 16

Part 2— Types of Employment and Classifications. 17

8. Types of employment 17

9. Full-time employees. 18

10. Part-time employees. 18

11. Casual employees. 19

12. Junior employees. 20

13. Apprentices (including adult and school-based apprentices) and trainees. 21

14. School-based apprentices. 24

15. Classifications. 24

Part 3— Wages and Allowances. 24

16. Minimum rates. 24

17. Payment of wages. 34

18. Wage-related allowances. 36

19. Expense-related allowances. 41

20. Accident pay. 47

21. Superannuation. 49

Part 4— Hours of Work, Overtime and Penalty Rates. 52

22. Ordinary hours of work and rostering. 52

23. Saturday, Sunday and public holiday work. 53

24. Overtime. 54

25. Shiftwork penalty rates. 58

26. Breaks. 60

27. Special provisions—driveway attendant, console operator and roadhouse attendant 61

28. Special provisions—persons employed principally to sell vehicles. 67

Part 5— Leave and Public Holidays. 72

29. Annual leave. 72

30. Personal/carer’s leave and compassionate leave. 79

31. Parental leave and related entitlements. 79

32. Community service leave. 79

33. Family and domestic violence leave. 79

34. Public holidays. 80

Part 6— Workplace Delegates, Consultation and Dispute Resolution. 80

34A. Workplace delegates’ rights. 80

35. Consultation about major workplace change. 84

36. Consultation about changes to rosters or hours of work. 85

37. Dispute resolution. 85

Part 7— Termination of Employment and Redundancy. 87

38. Termination of employment 87

39. Redundancy. 88

Schedule A —Vehicle Industry RS&R—Skill Level Definitions. 90

Schedule B —Summary of Hourly Rates of Pay. 100

Schedule C —Summary of Monetary Allowances. 146

Schedule D —School-based Apprentices. 153

Schedule E —Supported Wage System.. 155

Schedule F —Agreement to Take Annual Leave in Advance. 159

Schedule G —Agreement to Cash Out Annual Leave. 161


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Vehicle Repair, Services and Retail 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 PR732406, PR732450, PR733908, PR774811]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

[Definition of adult roadhouse attendant deleted by PR732406 ppc 04Aug21; corrected by PR732450 ppc 04Aug21]

agricultural vehicle salesperson means an employee employed in the sale of agricultural motor vehicles and self-propelled farming implements or units for which the agricultural motor vehicle or self-propelled farming implement provides the motive power.

apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

automotive instrument mechanic means a tradesperson required to repair and service all makes and types of automotive instruments.

automotive engine reconditioner means a tradesperson employed in a workshop principally concerned in the reconditioning of miscellaneous makes of used internal combustion engines where the engine and parts do not lose their identity and who, as part of their normal duties:

·  is required to set up or set up and operate one or more of the following machines: crankshaft grinder, camshaft grinder, internal grinder, surface grinder, cylinder borer, line borer, con rod borer, honing machine, pin fitting machine, valve seat grinding and inserting machines, and including the machines enumerated in Machinist (metal)—1st class;

·  in the course of such work is responsible for determining sizes and tolerances of a precision nature in accordance with prepared technical data;

·  uses in a tradesperson’s capacity the same precision tools and measuring instruments as are used by engineering tradespersons; and

·  possesses and uses the knowledge of automotive theory and practice obtained through satisfactorily completing an apprenticeship as an automotive engine reconditioner.

automotive parts interpreter—specialist means an adult employee who:

·  has completed a formal course of technical school training in the automotive parts distribution industry;

·  is regulated by an apprenticeship authority or apprenticeship board constituted under this award and who is required by their employer to perform the duties related to automotive parts sales and distribution; and

·  is required in the performance of such duties to have and utilise a detailed knowledge of the workings of a wide range of vehicles and uses such knowledge to interpret the proper application of all component parts as required; or

·  has had at least 7 years’ experience in the automotive parts distribution industry and who is required by their employer to perform the duties related to automotive parts sales and distribution; and

·  is required in the performance of such duties to have and utilise a detailed knowledge of the workings of a wide range of vehicles and uses such knowledge to interpret the proper application of all component parts as required.

automotive parts salesperson (experienced) means an employee who has had 3 or more years’ adult experience in the automotive parts distribution industry and who is required by their employer to perform the duties related to automotive parts sales and distribution and who in the performance of such duties is required to utilise knowledge of the workings of vehicles and the component parts thereof.

automotive serviceperson and/or checker means an employee, not being a tradesperson, engaged in checking and adjusting in the processes of pre-delivery or after-sales service in accordance with manufacturers’ periodic service procedures, excluding any function requiring a tradesperson’s skill and knowledge.

bodymaker—1st class means a tradesperson engaged in the building, rebuilding, altering, without the aid of jigs, repairing or customising of passenger and/or commercial vehicle bodies, trailers and other vehicle bodies or chassis in wood/metal and other substitute material.

bodymaker—2nd class means an employee engaged in the building of bodies constructed with the aid of jigs.

brake mechanic means a tradesperson required to diagnose faults in, repair and install all types of brake systems of motor vehicles including cars, commercial vehicles and heavy equipment.

brake service person means an employee (not being a tradesperson) who does not diagnose faults or road test vehicles but who is required to install and replace brake components under supervision and/or is engaged in the reconditioning of brake components other than the checking and assembly of hydraulic assemblies.

[Definition of casual employee inserted by PR733908 from 27Sep21]

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

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

detailer means an employee (not being a tradesperson) whose work includes that of a paintshop assistant and/or polisher and/or cutter using buff or wet and dry rubber and/or painter—brush and/or spray on mechanical and/or chassis components, in addition to the cleaning and polishing of new and/or used vehicles.

driver handling money means an employee covered by clauses 16.2 or 16.3 including a junior employee employed in either class of work and who collects and/or pays out money and who is responsible for the safe custody of the amounts so collected or carried to be paid out.

driver tow truck means drivers of the following classes of vehicles, including:

·  class 1—small conventional unit: a tow truck with a load capacity of not less than 1270 kilograms equipped with a crane with a safe working load of not less than 1020 kilograms;

·  class 2—larger conventional unit: a tow truck with a load capacity of not less than 3040 kilograms equipped with a crane with a safe working load of not less than 2540 kilograms;

·  class 3—light salvage unit: a tow truck with a load capacity of not less than 6130 kilograms and equipped with a crane having a safe working load of more than 5080 kilograms; or

·  class 4—heavy salvage unit: a tow truck with gross train weight of 25 400 kilograms minimum, tandem drive, power operated crane with a safe working load of 50 580 kilograms minimum, power operated winch, power and vacuum brake take off.

electrical fitter means a tradesperson fitter mainly engaged in making, fitting or repairing electrical machines, instruments or appliances and who in the course of their work applies electrical knowledge.

electrician—special class means an electrical tradesperson required to apply the additional knowledge as defined to that required of Electrical fitter and/or mechanic as defined in this award and who has been for a period of at least 6 months mainly engaged in the manufacture and/or installation and/or maintenance of machines and/or equipment incorporating electronic equipment and will include any electrical tradespersons who by agreement with the employer is classified as Electrician—special class.

For the purpose of this definition additional knowledge means:

(a)          that acquired after 6 months’ experience; and

(b)         that acquired in obtaining a fifth year trade certificate including the subject Industrial Electronics I from the Electrical Trades School of South Australia or its equivalent or the satisfactory completion of the first year of one of the following courses, including:

(i)            Post-Trade Industrial Electronics Course of the New South Wales Department of Technical Education;

(ii)          The Industrial Electronics Course as approved by the Education Department of Victoria;

(iii)        CN311 Electrical Course “C” of the Department of Education, Queensland; and

(iv)        The Industrial Electronics Course of the Technical Education Department of Tasmania; or

(c)          sufficient knowledge of hydraulics and pneumatics to enable the tradesperson to fault find in the said machines and/or equipment.

electroplater—1st class means an employee who maintains the solutions used and is responsible for the electroplating of ware.

electroplater—2nd class means an employee not responsible for the solutions used and mainly engaged on electroplating.

electroplater—3rd class means an employee engaged on the barrel plating system.

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

[Definition of employee organisation inserted by PR774811 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employee representative means an employee elected or appointed by the employees in a workplace, which will include an employee appointed as shop steward in the area or department in which the employee is employed, for the purpose of representing the employees in matters arising from the application of provisions in this award. In the case of a shop steward being appointed, the responsible officer of the union concerned will provide written notification to the employer. Upon such notification, the employee will be recognised as the accredited representative of the union to which they belong.

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

[Definition of enterprise inserted by PR774811 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

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

exhaust repairer means a person who repairs and/or replaces exhaust systems on motor vehicles, but does not include the repair, removal or replacement of any mechanical, electrical system or circuit or any electronic device associated with a motor vehicle, nor any component of the engine or any other skill which falls into a trade classification.

garage attendant means an employee employed in a motor building or chassis assembling establishment engaged in the cleaning, dusting, washing or greasing of motor vehicles; and/or the servicing thereof with petrols, oils and water; and/or attending to tyre changing, tyre inflations, and patching of tubes; and/or other like duties and/or the driving of such vehicles in and about the employer’s premises in connection with any of the foregoing operations.

machinist (metal)—1st class means a tradesperson partly or wholly engaged in setting up and operating the following machines: lathe; boring machine; milling machine; planning machine; shaping machine; slotting machine; precision grinding machine and a drilling machine where the operator uses the same precision tools as fitters or turners.

machinist (metal)—2nd class means an employee not engaged as a tradesperson who is not required to work from drawings or prints or to do precision work, but who is engaged in operating or in setting up and operating all machines, other than a drilling machine, enumerated in the definition of Machinist (metal)—1st class.

machinist (metal)—3rd class means an employee other than a process worker who operates any power driven machine for which a rate is not elsewhere prescribed in this award and without limiting the scope of the foregoing includes such an employee operating any of the following: nut; bolt; rivet or dog spike making machines; tapping machines; and drilling machines on work other than that specified in the definition of Machinist (metal)—1st class.

motor mechanic/automotive technician means a tradesperson engaged in making or under jobbing conditions, repairing, altering or assembling (except in the production of new vehicles) or testing the mechanical and/or electrical parts of the engine and/or transmission, and/or fuel system, and/or induction systems, and/or exhaust system, and/or steering mechanism, and/or suspension system and/or braking system, of motor vehicles but does not include:

(a)          an employee engaged only in making minor adjustments; or

(b)         an employee engaged in the reconditioning of engines by specialised methods except so much of the work which calls for the application for general trade experience as a motor mechanic/automotive technician.

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

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

packer means an employee responsible for the selection of parts or accessories according to requisitions or for the packing and method of packing for dispatch.

paint shop assistant means an employee generally assisting in paint shop work including stopping up, rubbing down, masking, cleaning up and/or applying other than finish coats.

painter—tradesperson means a tradesperson required to mix, match and apply paint and apply general trade experience.

panel beater means a tradesperson who repairs structural components, frames or panel work of motor vehicles constructed in whole or part from metal, metal alloys or substituted material and includes the formation of panels by hand/or process.

plant mechanic means a tradesperson engaged in repairing and/or overhauling wheeled, track or tractor type mobile equipment associated with construction equipment, earthmoving equipment, prime movers, or agricultural and industrial mobile equipment such as petrol, LPG and/or diesel engines, transmissions, hydraulics, electrical systems and ancillary equipment.

precision measurements means measurements of a finer accuracy than is possible with the naked eye from calliper, measuring scale or rule.

process worker means an employee engaged:

·  on repetition work on any automatic, semi-automatic or single purpose machine or any machine fitted with jigs, gauges or other tools rendering operations mechanical (and in connection with which the employee is not responsible for the setting up of the machine nor for the dimensions of the products other than by checking with gauges which are unadjustable or, if adjustable, will not be set by the operator);

·  in the assembling of parts or mechanical appliances or other articles so made in which no fitting or adjustment requiring skill is required; or

·  in specialised processes not requiring use of hand tools except hammers, pliers, screwdrivers, spanners and files and such tools as are necessary for deburring or removing rags or edging.

radiator repairer—1st class means a tradesperson working to prints or drawings or measurements applying general trade experience or knowledge to the repair or recore of radiators, heating or cooling equipment and the repair or fuel tanks and the custom building of special radiators and fuel tanks.

[Definition of roadhouse attendant inserted by PR732406 ppc 04Aug21; corrected by PR732450 ppc 04Aug21]

roadhouse attendant means an employee employed in a roadhouse, snack bar, kiosk or restaurant being part of or operated as an integral part of an establishment falling within the area of this award.

[Definition of small business employer inserted by PR774811 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

spring service worker means an employee employed on the removal and/or replacement of springs, luggage carriers and/or bumper bars, and/or the dismantling and/or reassembling of finished parts of motor car and truck chassis.

standard rate means the weekly or hourly rate for Level R6—Vehicle RS&R industry employee Level I.

storeperson means an employee in a store who is responsible for checking inward goods against packing slips, sorting goods into bins, selecting goods for issue and the issuing of goods against requisitions and includes a tool storeman.

tradesperson means an employee who, in the course of their employment, works from drawings or prints required to be scaled, and/or measured from drawings or prints, or makes precision measurements, or applies general trade experience and includes a locksmith and Machinist (Metal)—1st class.

tradesperson’s assistant means an employee directly assisting a tradesperson.

trailerable boats means boats sold by a business primarily for recreational purposes, towed by a driver with an unendorsed licence using a registered trailer where the towing vehicle is under the Gross Vehicle Mass prescribed in the Australian Design Rules.

trimmer sectional means an employee (other than a tradesperson trimmer) engaged on any trimming work for which a specific rate is not otherwise prescribed by the award.

trimmer, tradesperson means a tradesperson required to perform developmental work and/or work on used vehicles and/or work on custom built units and/or each and every function or production trim operations as directed by the employer.

tyre fitter means an employee fitting tyres and/or tubes to rims and/or wheels, including, without limiting the generality of the foregoing, wheel balancing and all operations associated with the removal and/or replacement of rims and/or wheels from or onto vehicles and/or wheeled equipment, including operations involving the use of the employee of compressing, mechanical and/or power operated apparatus.

tyre repairing and retreading processes includes functions/operations of warming mill, extruder, detreading, buffing, gouging, pulling sleeves or patches, repairing, building up and/or retreading and/or recapping used tyres including aeroplane tyres, relugging earthmover, grader or tractor tyres by hand, moulding or curing of retreaded, rebuilt, recapped or relugged tyres in unit heater and autoclaves.

vehicle industry RS&R employee means an employee classified appropriate to the employee’s skills, the duties required by the employer to be performed and the skill level definitions detailed at Schedule A—Vehicle Industry RS&R—Skill Level Definitions.

vehicle repair, services and retail industry has the meaning given in clause 4.2.

vehicle salesperson means an employee employed in the sale of road and industrial vehicles, motorcycles, caravans, trailers and/or boats.

welder—tradesperson means a tradesperson using electric arc, acetylene blowpipe or coal gas cutting plant on work other than filling castings, cutting scrap metal or using jigs and includes re-welding by hand processes.

wheel builder and/or repairer means a tradesperson required to build and/or repair motor vehicle wheels including cutting out and replacing wheel centres, marking out and drilling, machining, welding and truing.

[Definition of workplace delegate inserted by PR774811 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

wrecker automotive means an employee not being a tradesperson who is required to recognise and identify parts and components and/or to assess their condition and marketability and who would as required oxy-cut panels and other components in addition to dismantling vehicles and components.

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 this 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

4.1                   This award covers employers throughout Australia of employees engaged in the vehicle repair, services and retail industry to the exclusion of any other modern award and where the employer’s establishment, plant or undertaking is principally connected or concerned with the vehicle repair, services and retail industry.

4.2                   In this award the vehicle repair, services and retail industry means an establishment, plant or undertaking principally connected or concerned with:

(a)          the selling, distributing, dismantling/wrecking/restoring, recycling, preparing for sale including by assembling, storage, repairing, maintaining, towing, servicing, customisation, modifying and/or parking of motor vehicles of all kinds, including motor cars, trucks, caravans, motorcycles, trailerable boats, agricultural machinery, trailers, or the like and equipment or parts or components or accessories thereof including the establishments concerned for such vehicles and the like;

(b)         operations or allied businesses concerned with selling, distributing or supplying running requirements for vehicles (including motor fuels, gas and oils);

(c)          the selling and/or handling and/or retreading and/or storing/distribution and/or fitting and/or repairing of tyres or the like made of any material;

(d)         the repair and servicing of motor vehicles in the establishment of an employer not falling within clauses 4.2(a), 4.2(b) and 4.2(c) but who is engaged in the motor vehicle rental business;

(e)          the repairing of carriages, carts, wagons, bodies, railway cars, tram cars, side-cars or other vehicles or parts or components or accessories in wood, metal and/or other materials;

(f)           installing, servicing, maintaining, reconditioning or repairing of engines or vehicle servicing equipment and agricultural machinery or implements or the like;

(g)          any operation concerned with roadside/mobile service; or

(h)         driving school instruction.

4.3                  For the purposes of coverage of this award employees engaged in vehicle repair, services and retail industry means employees covered by the classifications in Schedule A—Vehicle Industry RS&R—Skill Level Definitions.

4.4                   Exclusions

This award does not cover:

(a)          an employee in a car park where the employer’s undertaking does not provide repairs and service and/or servicing facilities of motor vehicles other than supplying petrol and oil;

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

(c)          employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(d)         employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.5                   Subject to the exclusions in clause 4.4, this award covers any employer which supplies labour on an on-hire basis in the vehicle repair, services and retail industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry.

4.6                   Subject to the exclusions in clause 4.4, this award covers employers which provide group training services for apprentices and/or trainees engaged in the vehicle repair, services and retail industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed.

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

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

5.                      Individual flexibility arrangements

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

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

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

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

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

(a)          give the employee a written proposal; and

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

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

5.6                   An agreement must do all of the following:

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

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

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

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

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

5.7                   An agreement must be:

(a)          in writing; and

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

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

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

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

5.11               An agreement may be terminated:

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

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

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

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

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

6.                      Requests for flexible working arrangements

[6 substituted by PR763294 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 37—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

[Varied by PR733908, PR751096; corrected by PR761387]

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 the majority of employees in the enterprise or part of the enterprise concerned.

[7.2 varied by PR733908 from 27Sep21]

7.2                   The following facilitative provisions can be utilised by agreement between an employer and an individual employee:

Clause

Provision

5

Individual flexibility arrangements

17.5(a)

Make-up time after stand-down

22.2(e)

Ordinary hours of work and rostering

24.6(b)

Time off instead of overtime payment

24.9(c)

Call-back (breakdowns etc.)

26.3(d)

Overtime crib breaks

28.1(a)

Special provisions—persons employed principally to sell vehicles—Ordinary hours of work and rostering—Full-time employees

0

Annual leave in advance

29.12(c)

Cashing out of annual leave

34.2

Substitution of public holidays

[7.3 varied by PR751096; corrected by PR761387 ppc 01May23]

7.3                   The following facilitative provisions can be utilised by agreement between an employer and a majority of employees:

Clause

Provision

17.1

Payment of wages—frequency

22.5(a)

Shifts in excess of 10 hours

26.1(d)

Meal and rest breaks

[7.4 varied by PR733908 from 27Sep21]

7.4                   The following facilitative provisions can be utilised by agreement between an employer and an individual employee or a majority of employees:

Clause

Provision

17.2

Payment of wages – other than cash

   

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   Employees under this award will be employed in one of the following categories:

(a)          full-time;

(b)         part-time; or

(c)          casual.

8.2                   The employer shall specify whether an employee is engaged on a full-time, part-time or casual basis at the commencement of employment.

8.3                   An employee who does not attend for duty will not be paid for the non-attendance, except as provided for elsewhere in this award.

9.                      Full-time employees

A full-time employee is engaged to work an average of 38 ordinary hours per week.

10.                 Part-time employees

[Varied by PR770067]

10.1               A part-time employee may be employed in any classification in this award. Clause 10 does not apply to a person principally employed as a vehicle salesperson.

10.2               A part-time employee:

(a)          is engaged to work less than 38 ordinary hours per week;

(b)         has reasonably predictable hours of work; and

(c)          receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.3               At the time of engagement, the employer and the part-time employee will agree in writing on the following:

(a)          the hours worked each day;

(b)         which days of the week the employee will work;

(c)          the actual starting and finishing times each day;

(d)         that any variation must be in writing;

(e)          all time worked in excess of agreed hours is paid at overtime rates; and

(f)           the times of taking and the duration of meal breaks.

[10.4 substituted by PR770067 ppc 09Jan24]

10.4               Any agreed variation to the hours of work will be recorded in writing (including by electronic means). Any such agreement may be ongoing or for a specified period of time.

10.5               All time worked in excess of the hours agreed under clause 10.3 or varied under clause 10.4 will be paid as overtime.

10.6               For each ordinary hour worked, a part-time employee must be paid the minimum hourly rate for the class of work performed and is entitled, on a pro-rata basis, to shift premiums where applicable.

10.7               Award provisions applicable to full-time employees also apply to part-time employees except that a part-time employee is entitled to payment in respect of annual leave, public holidays, personal/carer’s leave and jury service, arising from this award on a proportionate basis calculated on the normal, ordinary hours the employee would have worked.

10.8               No part-time employee may be employed on more than 5 days per week other than at the request in writing of the employee concerned.

11.                 Casual employees

[Varied by PR733908]

[11.1 deleted by PR733908 from 27Sep21]

[11.2 renumbered as 11.1 and varied by PR733908 from 27Sep21]

11.1               At the time of engagement, an employer will inform the employee that they are employed as a casual, stating the identity of the employer, the employee’s classification level and rate of pay.

[11.3 renumbered as 11.2 by PR733908 from 27Sep21]

11.2               A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

11.3               Casual loading

[11.4 renumbered as 11.3 by PR733908 from 27Sep21]

NOTE: The loadings for overtime in clause 11.3(a) apply for any hours worked in excess of 10 hours on any day or an average of 38 hours per week.

(a)          Casual employees, except for casual employees referred to in clause 11.4, will be paid at the appropriate minimum hourly rate prescribed by this award for the work they perform plus a loading as set out in the following table:

Day or time worked

% loading

Monday to Friday between 6.00 am and 6.00 pm

25%

Monday to Friday between 6.00 pm and 6.00 am

50%

Saturdays at any time

75%

Sundays at any time

125%

Public holidays at any time

175%

First 3 hours of overtime

75%

After the first 3 hours of overtime

125%

(b)         The loadings prescribed above in clause 11.3(a) will not be cumulative and will operate to the exclusion of any other loading in respect of hours of work within this award. Where more than one loading is as prescribed above applies, the employee will be entitled to the highest applicable rates.

(c)          For the purposes of clause 11.3(a), the relevant minimum hourly rates are set out in clauses 16.2, 16.3, 16.6(a), 16.6(c) and 16.7.

[11.5 renumbered as 11.4 by PR733908 from 27Sep21]

11.4               Clause 11.3 does not apply to casual employees employed as follows:

(a)          driveway attendant, console operator, roadhouse attendant (for casuals doing this type of work see clause 27.3); or

(b)         those principally employed to perform vehicle sales related duties (for casuals doing this type of work see clause 28.2).

11.5               Offers and requests for casual conversion

[11.6 renumbered as 11.5 and renamed and substituted by PR733908 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 37—Dispute resolution.

[11.7 renumbered as 11.6 and deleted by PR733908 from 27Sep21]

12.                 Junior employees

12.1               Except as provided for in clause 12.2, unapprenticed juniors may be employed in any occupation covered by this award.

12.2               Prohibited work

(a)          An unapprenticed junior employee (other than a probationer for apprenticeship) will not be employed in any apprenticeship trade listed in Federal, State or Territory training legislation.

(b)         Notwithstanding clause 12.2(a), minors other than apprentices or probationers for apprenticeship may be employed in all aspects of the work described in the definition of automotive parts interpreter in this award.

(c)          A junior employee under the age of 16 years will not be employed on oil or gas burners or fires used for heating of small articles, or using electric arc or oxy acetylene blow pipe.

(d)         A junior employee under the age of 18 years will not work unsupervised between the hours of 7.00 pm and 9.00 pm and must not be employed between the hours of 9.00 pm and 6.30 am.

(e)          No employee under the age of 16 years will be required or permitted to work on afternoon or night shift.

12.3               Proof of age

If an employer has reasonable grounds for suspecting that an employee is under the age of 21 years, the employee will, if required, provide evidence of the employee’s age by means of a birth certificate, other proof satisfactory to the employer or a statutory declaration by the employee’s parent or guardian. The employer will be entitled to rely on such proof.

13.                 Apprentices (including adult and school-based apprentices) and trainees

13.1               The terms of this award will apply to apprentices whether full-time or part-time, including adult apprentices, school-based apprentices and trainees, subject to the provisions of the applicable contract of apprenticeship or training contract operating under Federal, State or Territory apprenticeship or training legislation.

13.2               The following will be the apprenticeship trades for the purposes of this award:

(a)          Automotive electrician

(b)         Automotive engine reconditioner

(c)          Automotive parts interpreter (specialist)

(d)         Bodymaker—1st class and/or wheelmaker and wheel-right in wood and/or metal and/or substitutes

(e)          Brake mechanic

(f)           Electrical fitter and/or armature winder (auto)

(g)          Electroplater—1st class

(h)         Electrical mechanic

(i)            Fitter and/or turner

(j)           Machinist (metal)—1st class

(k)         Motorcycle or motor scooter mechanic

(l)            Motor mechanic/automotive technician

(m)       Painter—tradesperson

(n)         Panel beater

(o)          Plant mechanic

(p)         Signwriter

(q)         Smith, including coachsmith, springmaker and spring fitter, wheelwright smith and general smith

(r)          Trimmer—tradesperson

(s)           Welder—tradesperson

(t)           Wheel aligner

(u)         Wood machinist—1st class.

13.3               Training fees—apprentices and trainees

(a)          Any costs associated with all fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract must be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the apprentice commencing training with the registered training organisation (RTO), whichever is the later, unless there is unsatisfactory progress;

(b)         Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 13.3(a) above.

13.4               Travel costs—apprentices and trainees

(a)          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 in attending such training. Provided that clause 13.4 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.

(b)         For the purposes of clause 13.4, excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work.

(c)          Excess travel costs payable under clause 13.4 may be offset by any amount the apprentice is eligible to receive for travel costs under a Government apprentice assistance scheme. Provided that an offset only applies where the employer has confirmed in writing to the apprentice their eligibility to claim the assistance under a specified scheme/s within one month before the apprentice attends the block release training.

13.5               Minimum rates

The minimum rates applying to junior and adult apprentices are dealt with in clauses 16.9 and 16.10 of this award.

13.6               No payment by results

An apprentice will not work under any system of payment by results. This does not preclude an apprentice receiving an above award bonus payment.

13.7               Overtime and shiftwork

No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

13.8               Recognition of training and conditions of employment

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

(b)         Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 13.8 operates subject to the provisions of Schedule D—School-based Apprentices.

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

14.                 School-based apprentices

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

15.                 Classifications

15.1               All adult employees (other than adult apprentices) covered by this award must be classified according to the structure set out in clauses 16.2 or 16.3, as applicable, to carry out the principal employment function as determined by the employer.

15.2               Employers must advise each employee in writing of their classification and of any subsequent changes in their classification.

15.3               Employees must perform all work within their skill and competence consistent with the relevant Skill Level Definitions in Schedule A—Vehicle Industry RS&R—Skill Level Definitions and the Driver classifications in clause 16.3, including work which is incidental or peripheral to their main tasks or functions, provided that such duties are not designed to promote de-skilling.

Part 3—Wages and Allowances

16.                 Minimum rates

[Varied by PR720159, PR723829, PR718907, PR726419, PR729348, PR740775, PR762198, PR767899, PR773977]

16.1               Minimum rates for employees covered by this award are set out in clause 16, except that:

(a)          the minimum hourly rates for casual driveway attendants, console operators and roadhouse attendants are set out in clause 27.3;

(b)         additional provisions concerning minimum rates for persons employed principally to sell vehicles are set out in clauses 28.4 and 28.5.

[16.2 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

16.2               An adult employee in the classification (wage group level) specified in the table below will be paid the following rates for ordinary hours worked by the employee:

Employee classification

Wage group level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

 

$

$

Vehicle RS&R industry employee—Level 1

R1

891.50

23.46

Vehicle RS&R industry employee—Level 2

R2

915.90

24.10

Vehicle RS&R industry employee—Level 3

R3

949.20

24.98

Vehicle RS&R industry employee—Level 4

R4

980.40

25.80

Vehicle RS&R industry employee—Level 5

R5

1003.80

26.42

Vehicle RS&R industry employee—tradesperson or equivalent Level I

R6

1032.30

27.17

Vehicle RS&R industry employee—tradesperson or equivalent Level II

R7

1129.40

29.72

16.3               Driver classifications—minimum rates

[16.3 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

 

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Driver—forklift:

 

 

Lifting capacity up to 4500kg Driver—forklift

980.30

25.80

Lifting capacity in excess of 4500kg Driver—forklift

980.30

25.80

Driver—mobile crane:

 

 

Lifting capacity up to 10 tonnes Driver—mobile crane

980.30

25.80

Lifting capacity in excess of 10 tonnes Driver—mobile crane

980.30

25.80

Driver—commercial vehicle used in the course of the employer’s business:

 

 

Makers capacity of 3 tonnes or less Driver—commercial vehicle used in the course of the employer’s business

980.30

25.80

Makers capacity of over 3 tonnes but under 8 tonnes Driver—commercial vehicle used in the course of the employer’s business

980.30

25.80

Driver—articulated vehicle:

 

 

Makers capacity up to and including 10 tonnes Driver—articulated vehicle

1017.20

26.77

Driver—tow truck:

 

 

Class 1 Driver—tow truck

980.30

25.80

Class 2 and 3 Driver—tow truck

980.30

25.80

Class 4 Driver—tow truck

1032.30

27.17

NOTE: Class definitions for tow-truck drivers are set out in Clause 2Definitions.

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including casual loadings.

16.4               Driver Classifications—Wage-related allowances

(a)          Driver—commercial vehicle used in the course of the employer’s business

The following allowances are payable to a driver of a commercial vehicle used in the course of the employer’s business:

[16.4(a)(i) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(i)            for each additional complete tonne over 8 tonnes an allowance of $1.96 per week;

[16.4(a)(ii) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(ii)          employees engaged in driving a motor vehicle drawing an empty trailer will be paid an additional $2.54 per day;

[16.4(a)(iii) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(iii)        employees engaged in driving a motor vehicle drawing a loaded trailer will be paid an additional $4.60 per day.

(b)         Driver—articulated vehicle

[16.4(b) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $1.86 per week is payable for each additional complete tonne over 10 tonnes to a driver who is required to drive an articulated vehicle in the course of the employer’s business.

(c)          Driver—tow truck

[16.4(c) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $26.01 per week is payable to a driver who is required to drive a tow truck. This allowance will stand alone and is not subject to penalty additions.

16.5               Higher duties

(a)          An employee required by the employer to perform duties carrying a higher rate than the employee’s ordinary classification for more than 2 hours on one day or shift, will be paid the higher rate for such day or shift.

(b)         If the work at the higher rate is for 2 hours or less on one day or shift, the employee will be paid the higher rate for the actual time worked at the higher level.

16.6               Vehicle industry RS&R—unapprenticed juniors

[16.6(a) varied by PR718907, PR729348, PR740775, PR762198 ppc 01Jul23, PR767899 ppc 31Dec23, PR773977 ppc 01Jul24]

(a)          The minimum weekly rate for a junior employed in the classifications as set out in clause 16.6(b), will be the following:

Age

% of Level 1 rate

$ per week

(full-time employee)

$ per hour

Under 17 years

47.5

423.46

11.14

17 years

50.0

445.75

11.73

18 years

62.5

557.19

14.66

19 years

75.0

668.63

17.60

20 years

87.5

780.06

20.53

(b)         For the purpose of clause 16.6(a), the following classifications apply:

·  Battery repairer

·  Car cleaner and/or washer

·  Car polisher—by hand

·  Detailer

·  Driver—courtesy vehicle in relation to sales or sales promotion or in the course of registration or collection from or delivery to customer—vehicles up to and including maker’s capacity of 3 tonnes

·  Driveway attendant

·  Electroplater—2nd class

·  Grinder and/or buffer metal using portable machine

·  Lubritorium attendant

·  Machinist (metal)—2nd class

·  Office cleaner

·  Painter—brush and/or spray on mechanical and/or chassis components

·  Painter’s wet rubber

·  Parking attendant

·  Process worker

·  Roadhouse attendant, required to cook takeaway foods

·  Salesperson, first 6 months’ experience

·  Service receptionist (not being a tradesperson)

·  Sewing machinist

·  Spring service worker, spring coiling machinist and spring maker

·  Steam cleaner and/or proof coater

·  Store person – first 12 months’ experience

·  Tradesperson’s assistant

·  Tyre fitter

·  Vehicle salesperson and/or agricultural vehicle salesperson—up to 6 months’ experience

·  Welder—electric spot and buff

[16.6(c) varied by PR718907, PR729348, PR740775, PR762198 ppc 01Jul23, PR767899 ppc 31Dec23, PR773977 ppc 01Jul24]

(c)          The minimum weekly rate for a junior employed in the classifications set out in clause 16.6(d), will be the following:

Age

% of Level 4 rate

$ per week

(full-time employee)

$ per hour

Under 17 years

47.5

465.69

12.26

17 years

50.0

490.20

12.90

18 years

62.5

612.75

16.13

19 years

75.0

735.30

19.35

20 years

87.5

857.85

22.58

(d)         For the purposes of clause 16.6(c), the following classifications apply:

·  Air hammer operator

·  Assembler—accessories

·  Assembler—body shop

·  Assembler and/or wirer

·  Automotive serviceperson and/or checker

·  Bodymaker—2nd class

·  Brake serviceperson

·  Console operator

·  Dent knocker

·  Driver of courtesy car or vehicle in relation to sales or sales in the course of registration, collection from or delivery to customer—vehicle with maker’s capacity over 3 tonnes

·  Exhaust repairer

·  Fork-lift driver and mobile crane driver

·  Motorcycle assembler

·  Radiator repairer, as defined

·  Roadhouse attendant, if engaged primarily to cook other than takeaway foods

·  Salesperson, other

·  Spotter and/or toucher up

·  Storeperson—more than 12 months’ experience

·  Storeperson and packer

·  Trimmer sectional

·  Vehicle salesperson and/or agricultural vehicle salesperson, after 6 months experience

·  Welder other than trade using oxy, etc.

·  Wheel aligner, other than a tradesperson

·  Wheel builder and/or repairer

·  Windscreen fitter and/or repairer

·  Wrecker—automotive

16.7               Junior drivers

For drivers not covered by clause 16.6, the minimum weekly rate to be paid to junior drivers of commercial vehicles and/or tow trucks of this award is as follows:

Age

% of relevant adult driver rate

Under 19 years

70%

19 years

80%

20 years and over

100%

16.8               Apprentice wage rates and progression

A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing each stage of the required competencies in accordance with an agreed training plan entered into by an employer, an employee and the required training provider and consistent with the regulations of the relevant State or Territory Apprenticeship training Authority, or by completing each year of service of an apprenticeship.

16.9               Junior apprentices

(a)          A junior apprentice is an apprentice who is under 21 years of age.

[16.9(b) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(b)         The minimum rates for junior apprentices are as follows:

Year of apprenticeship

Has not completed year 12 (% of Level R6 rate)

Weekly minimum rate of pay

Has completed year 12 (% of Level R6 rate)

Weekly minimum rate of pay

 

 

$

 

$

Stage 1 or 1st year

50%

516.15

55%

567.77

Stage 2 or 2nd year

60%

619.38

65%

671.00

Stage 3 or 3rd year

75%

774.23

75%

774.23

Stage 4 or 4th year

88%

908.42

88%

908.42

16.10           Adult apprentices

(a)          An adult apprentice is an apprentice who is over 21 years of age when commencing an apprenticeship.

[16.10(b) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(b)         The minimum rates for adult apprentices are as follows:

Year of apprenticeship

Award reference

Weekly rate

$

Stage 1 or 1st year

80% of Vehicle industry RS&R employee—tradesperson or equivalent—Level R6

825.84

Stage 2 or 2nd year

Vehicle industry RS&R employee—Level 1

891.50

Stage 3 or 3rd year

Vehicle industry RS&R employee—Level 2

915.90

Stage 4 or 4th year

Vehicle industry RS&R employee—Level 3

949.20

Thereafter

Vehicle industry RS&R employee—tradesperson or equivalent—Level R6

1032.30

(c)          Where a person was employed by an employer in the vehicle industry immediately prior to becoming an adult apprentice with that employer such person will not suffer a reduction in their rate of pay by virtue of becoming indentured.

16.11           School-based apprentices

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

16.12           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.

16.13           National training wage

[16.13(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.

[16.13(b) varied by PR720159 ppc 18Jun20, PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Vehicle Repair, Services and Retail Award 2020 and not the Miscellaneous Award 2020.

[Note inserted by PR723829; deleted by PR726419 ppc 01Feb21]

17.                 Payment of wages

[Varied by PR720929]

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               Wages will be paid weekly, or with the agreement of the majority of employees in a workplace working under the terms of this award, fortnightly or monthly.

17.2               Wages will be paid in cash, or with the agreement of the majority of employees or an individual employee working under the terms of this award, by cheque or direct bank transfer into an account at a bank or financial institution nominated by the employee. Where wages are paid by direct transfer, the employer will pay any bank or other charges associated with that method of payment.

17.3               Wages will be paid as follows:

(a)          In the case of an employee whose ordinary hours of work are arranged so that the employee works up to 38 ordinary hours per week, wages will be paid weekly, fortnightly or monthly according to the actual ordinary hours worked each week.

(b)         In the case of an employee whose ordinary hours of work are so that the employee works up to an average of 38 ordinary hours each week during a work cycle, wages will be paid weekly, fortnightly or monthly according to a weekly average of ordinary hours worked even though more or less than 38 may be worked in a work cycle.

(c)          An established pay day and/or pay period will not be changed except by no less than 4 weeks’ notice by the employer to their employees.

(d)         Wages will be paid in the employer’s time not later than Thursday in any pay cycle. However in a week in which a public holiday falls on the established pay day, wages will be paid if possible on the day prior to the public holiday.

(e)          On or prior to pay day an employer will state to each employee in writing the total amount of wages to which the employee is entitled, the amount of overtime included, details of any deductions made and the net amount being paid.

[17.4 deleted by PR720929 ppc 21Jul20]

17.4               Make-up time

[17.5 renumbered as 17.4 by PR720929 ppc 21Jul20]

An employee on day work or shiftwork may elect, with the consent of their employer, to work make-up time, where the employee takes time off during ordinary hours and works those at a later time, at the rate which would have been applicable to the hours taken off.

17.5               Make-up time after stand-down

[17.6 renumbered as 17.5 by PR720929 ppc 21Jul20]

(a)          In the event of a stand-down situation arising, an employer and employee(s) may agree that each employee may work make-up time, up to the number of hours of work lost as a result of the stand-down, at the rate which would have been applicable to the hours lost. Such make-up time must be worked within 7 days of the end of the stand-down period or during the stand-down period if such hours are worked by agreement outside normal hours of work.

(b)         For the purpose of this provision the hours of work may be worked at such time as is agreed despite any other provisions of this award.

(c)          No employee may be required by an employer to agree to work such make-up time and, in the absence of an agreement by an employee to do so the usual overtime and penalty rates applicable under this award will apply to work required to be performed by such employees.

(d)         Provided that an employee who is required to attend for work on any day but for whom, for the reason abovementioned, no work is provided will be entitled to 2 hours’ pay. Provided further that where an employee commences work, the employee will be entitled to be provided with 4 hours’ employment or be entitled to be paid as for 4 hours’ work.

17.6               Payment on termination of employment

[New 17.6 inserted by PR720929 ppc 21Jul20]

(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)          except where otherwise provided in clause 17.6(b) and clause 28.4(f), all other amounts that are due to the employee under this award and the NES.

(b)         Where a person principally employed to perform vehicle sales-related duties is entitled to commission payments at a later date than the date of termination as prescribed in clause 28.4(e), those payments will be payable within 7 days of the delivery of the vehicle.

(c)          The requirement to pay wages and other amounts under clauses 17.6(a), 17.6(b) and 28.4(f) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

(d)         An employer may deduct from monies due to an employee under clause 17.6(a) such amount as is authorised in writing by the employee for a lawful purpose specified in the authority. Any such deduction must not be unreasonable in the circumstances

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 17.6(c) allows the Commission to make an order delaying the requirement to make a payment under clause 17.6. 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.

18.                 Wage-related allowances

[Varied by PR718907, PR729348, PR740775, PR762198, PR773977]

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

18.1               Allowances and special rates

(a)          Employers must pay to an employee the allowances and special rates the employee is entitled to under clause 18.

(b)         The allowances and special rates prescribed by clause 18 will be paid irrespective of the times at which the work is performed and will not be subject to any premium or penalty additions.

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

18.2               Leading hand allowance

[18.2 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

In addition to the rates prescribed elsewhere, a leading hand allowance will be paid to leading hands as follows:

In charge of

$ per week

Not less than 3 and not more than 10 employees

44.80

More than 10 and not more than 20 employees

67.51

More than 20 employees

85.78

18.3               First aid allowance

[18.3 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

A first aid allowance of $20.65 per week is payable to an employee holding first aid qualifications and appointed by the employer to perform first aid duty.

18.4               Driver handling money allowance

(a)          Driver handling money means an employee covered by clause 16.2 or clause 16.3 including a junior employee employed in either class of work and who collects and/or pays out money and who is responsible for the safe custody of the amounts so collected or carried to be paid out.

[18.4(b) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(b)         The following amounts are payable to a driver handling money:

Amount handled

$ per week

Up to $20

2.09

Over $20 but not exceeding $200

3.82

Over $200 but not exceeding $600

7.24

Over $600 but not exceeding $1000

9.18

Over $1000

12.98

18.5               Confined spaces

[18.5(a) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(a)          A confined space allowance of $1.00 per hour is payable to an employee working a confined space, i.e. a compartment, space or place, the dimensions of which necessitate the employee working in a stooped or otherwise cramped position or without proper ventilation.

(b)         Clause 18.5 applies to work on the inside of tanks or tanker type vehicles such as those used in carrying petrol, milk, flour, cement and the like, but will not apply to other work on vehicles.

18.6               Dirty work

[18.6(a) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(a)          A dirty work allowance of $0.78 per hour is payable to an employee doing work which a foreperson and the employee agree is of an unusually dirty or offensive nature.

[18.6(b) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(b)         A minimum payment of $3.04 per day or shift applies to dirty work, provided that this amount will not be paid in respect of a specific job when other higher special rates are payable for that job on the same day or shift, and those higher rates exceed $3.04 on the particular day or shift.

(c)          Where there is a disagreement between the foreperson and the employee, the employee or a shop steward on the employee’s behalf is entitled, within 24 hours, to ask for a decision on the employee’s claim by the employer’s industrial officer (if there is one), or otherwise by the employer or executive officer responsible for management or superintendence of the plant concerned. A decision will be made within 48 hours of the decision being requested (unless that time expires on a non-working day, in which case it will be given during the next working day), or the allowance will be paid.

(d)         Where a union alleges that an employer or the employer’s representative is unreasonable or capricious in relation to such a claim, it can refer the question via the steps within the dispute resolution procedure at clause 37Dispute resolution.

18.7               Hot places

(a)          An employee working for more than one hour in the shade will be paid as follows:

[18.7(a)(i) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(i)            an allowance of $0.78 per hour in places where the temperature is raised by artificial means to between 46 and 54 degrees Celsius; or

[18.7(a)(ii) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(ii)          an allowance of $1.00 per hour in places where the temperature exceeds 54 degrees Celsius.

(b)         Where work continues for more than 2 hours in temperatures exceeding 54 degrees Celsius, an employee will also be entitled to a paid 20 minute rest break after every 2 hours’ work.

(c)          The temperature will be decided by the foreperson after consultation with the employee who claims the allowance.

18.8               Wet places

[18.8(a) varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

(a)          A wet places allowance of $0.70 per hour is payable to an employee who is required to work in any place where the employee’s boots or clothing become saturated, whether by water, oil or otherwise, for the part of the day or shift when required to work in wet clothing or boots.

(b)         The wet places allowance is not payable to an employee supplied with protective clothing in accordance with clauses 19.7(f) and 19.13.

18.9               Glass or slag wool

[18.9 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $1.00 per hour is payable to an employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise.

18.10           Handling garbage

[18.10 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance $0.78 per hour is payable to an employee employed as a driver or driver’s assistant on a vehicle handling garbage.

18.11           Livestock transport

[18.11 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $0.78 per hour is payable to an employee working on the underside or the body of the stock compartment of a vehicle which has been regularly used in the carriage of livestock and which has not been cleaned down immediately before service.

18.12           Slicking with carbon black and hand spraying tyres

[18.12 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $1.17 per day is payable to an employee principally employed to fit tyres (as defined in clause 2Definitions), and/or employed in tyre repairing and retreading processes as defined who is:

(a)          engaged in slicking and carbon black based slick or hand spraying motor and/or motorcycle tyres or earthmover tyres or tractor tyres or truck tyres; or

(b)         actually working on acid vats in reclaiming.

18.13           Large tyre fitting—offsite

[18.13 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $1.15 per day is payable to an employee required to fit earthmover, grader, truck or tractor tyres away from the employer’s place of business.

18.14           Fork-lifts or cranes

[18.14 varied by PR718907, PR729348, PR740775, PR762198, PR773977 ppc 01Jul24]

An allowance of $2.99 per day is payable to the drivers of a fork-lift or crane, where 2 or more fork-lifts or cranes are involved in any one lift.

18.15           Combined disabilities

Where 2 or more disabilities for which special rates prescribed in clause 18 occur at the same time such rates will accumulate except as to combinations of dirty work, handling garbage and livestock transport in which case the highest rate will be payable.

18.16           Tyre fitting or tyre repairing and retreading—Thursday and Friday work

A weekly employee, principally employed to fit tyres as defined, and or employed in tyre repairing and retreading process as defined in tyre retailing establishments working ordinary hours between the hours of 8.00 pm and 9.30 pm on a Thursday and/or Friday will receive an additional amount per hour calculated at one quarter of the minimum hourly rate based on the minimum weekly rate.

19.                 Expense-related allowances

[Varied by PR719059, PR729532, PR740938, PR762365, PR774147]

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.

19.1               Employers must pay to an employee the allowances and special rates the employee is entitled to under clause 19.

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

19.2               Meal allowance

Clause 19.2 does not apply to a person principally employed to perform vehicle sales related duties.

[19.2(a) varied by PR719059, PR729532, PR740938, PR762365, PR774147 ppc 01Jul24]

(a)          A meal allowance of $17.48 per meal is payable to an employee who is required to work overtime for more than one and a half hours and was not notified of the requirement to work overtime on the previous day or earlier.

(b)         The meal allowance is not payable if the employer supplies the employee with a meal, or if the employee lives in the same locality as the workplace and can reasonably return home for meals.

(c)          Unless an employer advises an employee on the previous day or earlier that the amount of overtime will include more than one meal, the employer will provide a second meal and/or subsequent meal or pay a meal allowance to the employee for the second and/or subsequent meal.

(d)         If an employee has been notified that they will be working overtime and has provided a meal or meals but is not required to work overtime or is required to work less overtime than the amount advised, the employee will still be paid the meal allowance.

(e)          Clause 19.2 will not apply to an employee working overtime on a Sunday or a public holiday, unless the employee is rostered to work any of their ordinary hours on that day.

19.3               Travelling time

(a)          Clause 19.3 does not apply to a person principally employed to perform vehicle sales related duties.

(b)         Where an employee is required on any day to perform ordinary work away from a location where the employee normally works, the employee will:

(i)            if required to work normal working hours be paid at the minimum hourly rate for extra time spent when travelling, except on Saturdays, Sundays and public holidays which will be paid at 150% of the minimum hourly rate;

(ii)          if travelling in the employer’s business time, do so without loss of wages;

(iii)        if using their own means of transport with the approval of the employer for travelling to or from outside jobs or venues, be paid the amount of excess fares which the employee would have incurred using public transport unless there has been an arrangement with the employer for a regular allowance; and

[19.3(b)(iv) varied by PR729532, PR740938, PR762365, PR774147 ppc 01Jul24]

(iv)        if required by an employer to use their own vehicle on the employer’s business, be paid an allowance of $0.98 per kilometre travelled.

(c)          The maximum travelling time to be paid will be 12 hours out of any period of 24 hours, or when a sleeping berth is provided by the employer for all night travel, 8 hours out of every 24 hours.

19.4               Transfer of employment

An employee, other than a person principally employed to perform vehicles sales related duties, who is:

(a)          engaged in one locality to work in another; or

(b)         sent other than at their own request from their usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence,

will be paid for time spent travelling between such localities and expenses for a period not exceeding 3 months, provided that the payment of expenses will cease after the employee has taken up permanent residence or found alternative accommodation at the new location.

19.5               Accommodation and meals

(a)          Where an employee, other than a person principally employed to perform vehicles sales related duties, is required to travel in circumstances requiring the employee to stay away from home overnight the employee, except to the extent that arrangements may be made for expenses to be charged to the employer, will be reimbursed for expenses reasonably incurred for accommodation and meals.

(b)         Expenses for the purpose of clause 19.5 means:

[19.5(b)(i) varied by PR719059, PR729532, PR740938, PR762365, PR774147 ppc 01Jul24]

(i)            All reasonable fares and expenses incurred whilst travelling including a meal allowance of $17.48 per meal.

(ii)          A reasonable allowance to cover the cost incurred for board and lodging.

19.6               Tool allowance—tradespersons and apprentices

[19.6(a) varied by PR719059, PR740938, PR762365, PR774147 ppc 01Jul24]

(a)          A tool allowance of $13.86 per week is payable to a tradesperson employed in any of the RS&R classifications who is required by an employer to provide their own hand tools, for supplying and maintaining tools ordinary required in the performance of their work as a tradesperson.

[19.6(b) varied by PR719059, PR740938, PR762365, PR774147 ppc 01Jul24]

(b)         A tool allowance is payable to apprentices employed under the classifications referred to in clause 13.2 where the apprentice is required by an employer to provide their own tools as follows:

Year of apprenticeship

$ per week

Level 1 or 1st year

5.88

Level 2 or 2nd year

7.59

Level 3 or 3rd year

10.46

Level 4 or 4th year

12.14

(c)          Notwithstanding anything else contained in this award, the tool allowance is not subject to overtime, shift premium or other penalty additions or annual leave loading.

19.7               Clothing, equipment and tools—tyre fitting and retreading

Clause 19.7 will apply solely to persons employed principally to fit tyres as defined and/or a person employed in tyre retreading processes as defined.

(a)          Provision of tools

Where the employer requires persons who are employed either principally to fit tyres and/or in the tyre repairing and retreading process to use tools in the performance of their work, the employer will reimburse the employee for the cost of purchasing such tools.

(b)         Employees will be paid a tool allowance in accordance with clause 19.6 where required by the employer to supply and maintain tools of trade necessary for the performance of their duties.

(c)          The tool allowance under clause 19.7 will not apply where the tools are supplied to the employee at the employer’s expense.

(d)         An employer may require any employee to sign a receipt for any tools issued to an employee by the employer.

(e)          An employee who has been provided by the employer with facilities to lock up tools at the end of each shift will be held responsible for the safe custody of the tools issued and will replace or pay for any tools so provided if lost through the employee’s negligence.

(f)           Protective clothing

Where an employer requires an employee to work on acid vats or reclaiming or washing raw rubber or in wet places the employer will reimburse an employee for the cost of purchasing an apron or overalls and rubber or other suitable boots.

(g)          Clause 19.7(f) will not apply where protective clothing is supplied to the employee by the employer.

19.8               Clothing, equipment and tools—other than tyre fitting and retreading

Clause 19.8 will apply to other employees, where applicable, not covered under clause 19.7.

(a)          Provision of tools

Tradespersons or apprentices will be paid a tool allowance specified in clause 19.6 where they are required by the employer to supply and maintain tools necessary for the performance of their duties.

(b)         Notwithstanding the payment of a tool allowance under clause 19.8(a) where the employer requires an employee, in the performance of their work, to use tools as set out in clause 19.8, the employer must reimburse the employee for the cost of purchasing all necessary power tools, special purpose tools, precision measuring instruments and snips used in the cutting of stainless steel and similar hard metals.

(c)          Tradespersons or their apprentices will replace or pay for any tools so supplied by their employer if lost through the employee’s negligence.

19.9               Damage to clothing and tools

(a)          The employer must reimburse an employee of the cost of replacing the employee’s tools or work clothing where:

(i)            the employee is required to use their own tools or wear their own work clothing in the course of employment; and

(ii)          the clothing or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.

(b)         Clause 19.9(a) does not apply where:

(i)            the employee uses tools that are not ordinarily required in the performance of the employee’s duties; or

(ii)          the work clothing and tools are supplied to the employee at the employer’s expense.

19.10           Gloves

(a)          The employer will reimburse the employee for the cost of purchasing suitable canvas or leather gloves where the employee is required to use such gloves in the performance of their duties.

(b)         Reimbursement for the cost of suitable gloves will apply to operating a pneumatic percussion tool used for chiselling, hammering or riveting or where by reason of the material or tackle being used it is necessary for slingers to wear leather gloves.

(c)          Clause 19.10 does not apply where the gloves are supplied to the employee at the employer’s expense. Where such gloves are supplied without cost to the employee they will remain the property of the employer.

19.11           Goggles

(a)          The employer will reimburse the employee for the cost of purchasing goggles where the employee is required to wear suitable mica or other goggles when using an emery wheel or rotary wire brushes.

(b)         Clause 19.11(a) does not apply where protective equipment is fitted to a machine or where the goggles are supplied to the employee at the employer’s expense.

(c)          Where such goggles are supplied without cost to the employee, they will remain the property of the employer.

19.12           Protective clothing

(a)          The employer will reimburse an employee for the cost of purchasing protective clothing such as boots, rubber aprons and rubber boots where the employee is required to wear adequate protective clothing when working with acids or other substances of a like nature, engaged in wet rubbing or when working in the rain, car laundry, washing bay or in steam cleaning or proof coating operations.

(b)         The employer will not be required to reimburse the employee where such suitable protective clothing is supplied to the employee at the employer’s expense.

(c)          Where protective clothing is supplied without cost to the employee, it will remain the property of the employer.

19.13           Protective equipment—welding

(a)          The employer will reimburse an employee for the cost of purchasing protective equipment when the employee is either required to wear suitable, sufficient and adequate protection when performing welding operations and, where necessary, for employees when working in close proximity to such operations.

(b)         Clause 19.13(a) does not apply where the protective equipment is supplied to the employee at the employer’s expense.

(c)          Where protective equipment is supplied without cost to the employee, it will remain the property of the employer.

19.14           Uniforms

(a)          Where an employer requires an employee to wear a special uniform as a condition of employment, the employer must reimburse the employee for the cost of purchasing and cleaning the uniform.

(b)         Clause 19.14(a) does not apply where the uniform is supplied and cleaned free of cost by the employer.

(c)          Where the uniform is supplied by the employer without cost and cleaned free of cost to the employee, the uniform will remain the property of the employer.

20.                 Accident pay

20.1               Definitions

For the purpose of clause 20, the following definitions will apply.

(a)          Accident pay means a weekly payment made to an employee by the employer that is the difference between the weekly amount of compensation paid to an employee pursuant to the applicable workers’ compensation legislation and the weekly amount that would have been received had the employee been on paid personal leave at the date of injury (not including over award payments).

(b)         Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.

20.2               Entitlement to accident pay

(a)          The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation.

(b)         An employee will only be entitled to payment under clause 20 while the employee remains in employment of the employer. However, an employer must not terminate the employment of the employee to avoid any payment under clause 20.

20.3               Notice of injury

When an employee receives an injury for which the employee claims to be entitled to payment under clause 20, the employee shall give notice in writing of the injury to the employer as soon as reasonably practicable after receiving the injury. Notice can be given by a representative of the employee.

20.4               Maximum period

The maximum period or aggregate of periods of accident pay to be made by an employer shall be 26 weeks for any one injury. The 26 week period commences from the first day of incapacity for work, which may be subsequent to the date of injury.

20.5               Pro rata payments

For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.

20.6               Return to work

If an employee entitled to accident pay under clause 20 returns to work on reduced hours or to perform modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

20.7               When not entitled to payment

(a)          An employee will not be entitled to any payment under clause 20 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.

(b)         An employee will not be entitled to any payment under clause 20 in respect of any injury during the first 5 normal working days of incapacity.

(c)          An employee will not be entitled to any payment under clause 20 for any incapacity occurring during the first 3 weeks of employment, unless such incapacity continues beyond the first 3 weeks of employment. If the incapacity continues beyond the first 3 weeks of employment then the provisions of clause 20 will apply to the period of incapacity after the first 3 weeks.

(d)         An employee will not be entitled to any payment under clause 20 for industrial diseases contracted by gradual process, or injuries subject to recurrence, aggravation or acceleration unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.

20.8               Medical examination

(a)          In order to receive accident pay an employee shall conform to the requirements of the applicable workers’ compensation legislation relating to medical examination.

(b)         If:

(i)            a medical referee gives a certificate in accordance with the applicable workers’ compensation legislation as to the condition of the employee and fitness for work, or specifies work for which the employee is fit; and

(ii)          this work is made available by the employer; and

(iii)        the employee refuses the work or fails to commence the work;

the provisions of clause 20 will cease to apply to the employee from the date of refusal or failure to commence the work.

20.9               Redemptions

In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.

20.10           Damages independent of the Acts

Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’ compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 20 and the employee will not be entitled to any further accident pay thereafter.

20.11           When payments cease

All rights to payment under clause 20 will cease on the death of an employee.

20.12           Changes to rates in workers’ compensation legislation

The amount of accident pay payable under clause 20 shall not increase in the event that there are any changes to compensation rates under the applicable workers’ compensation legislation.

20.13           Engagement of employee

Upon commencement of employment, an employee may be required to declare all workers’ compensation claims made in the previous 5 years. In the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit entitlement to payment under clause 20.

20.14           Casual employees

For a casual employee the weekly payment referred to in clause 20.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments.

20.15           No obligation to take out insurance

Nothing in clause 20 requires an employer to insure against liability for the payment of benefits under clause 20.

21.                 Superannuation

[Varied by PR743366, PR771364]

21.1               Superannuation legislation

[21.1 substituted by PR771364 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 21 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.

21.2               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.

21.3               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 their behalf 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 21.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from their wages 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 21.3(a) or 21.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or 21.3(b) was made.

21.4               Superannuation fund

[21.4 varied by PR771364 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(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)          MTAA Superannuation Fund;

(b)         AustralianSuper;

(c)          Labour Union Cooperative Retirement Fund;

(d)         TWUSUPER;

(e)          CareSuper;

[21.4(f) varied by PR743366 ppc 07Jul22]

(f)           Hostplus;

(g)          Tasplan Ltd;

(h)         Retail Employees Superannuation Trust (REST);

(i)            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

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

21.5               Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 21.2 and pay the amounts authorised under clauses 21.3(a) or 21.3(b):

(a)          Paid leave—while the employee is on any paid leave;

(b)         Work related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i)            the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii)          the employee remains employed by the employer.

Part 4—Hours of Work, Overtime and Penalty Rates

22.                 Ordinary hours of work and rostering

22.1               Clause 22 will not apply to a person principally employed to perform vehicle sales related duties.

22.2               Subject to the other provisions of clause 22, ordinary hours of work of an employee will be an average of 38 hours per week (pro-rata for part-time employees under clause 10Part-time employees), worked on not more than 5 days in any week, calculated on the following basis:

(a)          38 hours within a work cycle not exceeding 7 consecutive days;

(b)         76 hours within a work cycle not exceeding 14 consecutive days;

(c)          114 hours within a work cycle not exceeding 21 consecutive days;

(d)         152 hours within a work cycle not exceeding 28 consecutive days; or

(e)          Any other work cycle during which a weekly average of 38 ordinary hours (pro-rata for part-time employees under clause 10Part-time employees) is worked or may be determined by agreement between the employer and an employee or employees.

22.3               Subject to clause 22.5 an employee may not be required to work more than 10 ordinary hours per day.

22.4               The commencing time of any permanent employee’s daily hours once fixed may vary from day to day in a week but not by more than 2 hours.

22.5               Shifts in excess of 10 hours

(a)          By agreement between an employer and the majority of employees in the enterprise or part of the enterprise, arrangements involving the working of days or shifts in excess of 10 hours and up to 12 hours per day may be introduced subject to:

(i)            proper health monitoring procedures being introduced;

(ii)          suitable roster arrangement being made;

(iii)        proper supervision being provided;

(iv)        adequate breaks being provided; and

(v)          a trial or review process being jointly implemented by the employer and the employees or their representatives.

(b)         At any enterprise or section of an enterprise where 12 hour days or shifts were rostered on a regular basis prior to 29 May 2020, 12 hour days or shifts may continue to be worked notwithstanding clauses 22.3 and 22.5(a)

23.                 Saturday, Sunday and public holiday work

23.1               Clause 23 does not apply to any of the following employees who work any of their rostered hours on a Saturday or Sunday or a Public Holiday:

(a)          casual employees, including casuals principally employed to perform duties of a driveway attendant, console operator or a roadhouse attendant (see clause 27Special provisions—driveway attendant, console operator and roadhouse attendant); or

(b)         a person engaged as a permanent to perform duties of a driveway attendant, console operator or roadhouse attendant (see clause 27Special provisions—driveway attendant, console operator and roadhouse attendant).

(c)          a person principally employed to perform vehicle sales related duties (see clause 28Special provisions—persons employed principally to sell vehicles);

23.2               An employee who works any of their ordinary hours on a Saturday, Sunday or public holiday will be paid at the following rates:

(a)          Saturday—150% of the minimum hourly rate;

(b)         Sunday—200% of the minimum hourly rate; or

(c)