MA000090

Wine Industry Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2024 (PR773979, PR774051, PR774148 and PR774812).

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

2—Definitions

15—Minimum rates

19—Allowances

Part 7—Workplace Delegates, Consultation and Dispute Resolution

29A—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 PR746868, PR747409, PR750600, PR774812]

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

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

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

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

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

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

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

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

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

8. Types of employment................................................................................................. 10

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

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

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

12. Classifications............................................................................................................. 11

Part 3— Hours of Work............................................................................................................ 12

13. Ordinary hours of work and rostering........................................................................ 12

14. Breaks......................................................................................................................... 13

Part 4— Wages and Allowances.............................................................................................. 14

15. Minimum rates........................................................................................................... 14

16. Apprentice rates......................................................................................................... 16

17. Piecework rates.......................................................................................................... 20

18. Payment of wages....................................................................................................... 21

19. Allowances.................................................................................................................. 23

20. Accident pay............................................................................................................... 26

21. Superannuation.......................................................................................................... 28

Part 5— Overtime and Penalty Rates...................................................................................... 30

22. Overtime..................................................................................................................... 30

23. Penalty rates............................................................................................................... 35

Part 6— Leave and Public Holidays......................................................................................... 36

24. Annual leave............................................................................................................... 36

25. Personal/carer’s leave and compassionate leave....................................................... 42

26. Parental leave and related entitlements.................................................................... 42

27. Community service leave............................................................................................ 42

28. Family and domestic violence leave........................................................................... 42

29. Public holidays............................................................................................................ 43

Part 7— Workplace Delegates, Consultation and Dispute Resolution................................... 44

29A. Workplace delegates’ rights....................................................................................... 44

30. Consultation about major workplace change............................................................ 47

31. Consultation about changes to rosters or hours of work........................................... 48

32. Dispute resolution...................................................................................................... 49

Part 8— Termination of Employment and Redundancy......................................................... 50

33. Termination of employment....................................................................................... 50

34. Redundancy................................................................................................................ 51

Schedule A —Classification Structure and Definitions........................................................... 54

Schedule B —Summary of Hourly Rates of Pay...................................................................... 79

Schedule C —Summary of Monetary Allowances................................................................... 85

Schedule D —School-based Apprentices................................................................................. 88

Schedule E —Supported Wage System.................................................................................... 90

Schedule F —Agreement for Time Off Instead of Payment for Overtime.............................. 94

Schedule G —Agreement to Take Annual Leave in Advance.................................................. 95

Schedule H —Agreement to Cash Out Annual Leave.............................................................. 97


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Wine Industry Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Varied by PR733941, PR774812]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.

[Definition of casual employee inserted by PR733941 from 27Sep21]

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

confined space means an enclosed, or partially enclosed, space that is at atmospheric pressure during occupancy and is not intended or designed primarily as a place of work and is liable at any time to have an atmosphere which contains potentially harmful levels of contaminant or to have an oxygen deficiency or excess, or to cause engulfment, and which also could have restricted means for entry and exit.

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

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

[Definition of employee organisation inserted by PR774812 from 01Jul24]

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

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

[Definition of enterprise inserted by PR774812 from 01Jul24]

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

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

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

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

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

[Definition of regular casual employee inserted by PR733941 from 27Sep21]

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

[Definition of small business employer inserted by PR774812 from 01Jul24]

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

standard rate means the minimum hourly rate prescribed for the Grade 4 classification in clause 15.1.

wet place means a place where the employee’s clothing becomes wet or where the employee has to stand in water or slush so that the employee’s feet become wet.

wine industry has the meaning given in clause 4.2.

[Definition of workplace delegate inserted by PR774812 from 01Jul24]

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

3.                      The National Employment Standards and this award

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

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

3.3                   The employer must ensure that copies of the award and NES are available to all employees to whom they apply. This may be achieved by making them available electronically, on a noticeboard which is conveniently located at or near the workplace, or through some other reasonable, accessible means.

4.                      Coverage

4.1                   This industry award covers employers throughout Australia in the wine industry and their employees in the classifications in this award to the exclusion of any other award.

4.2                   The wine industry means the industry of growing and processing wine grapes and includes:

(a)          the preparation of land for the planting of wine grape vines, the planting of wine grape vines, the pruning of wine grape vines, the care, growing, treating, picking, harvesting and forwarding of wine grapes and other activities associated with a wine grape vineyard; and/or

(b)         processing wine grapes, producing wine juice or grape spirit, the bottling, packaging, storage or dispatch of wine, brandy or other potable spirit, liqueurs, vinegar or grape juice and other activities associated with a winery or wine distillery including but not limited to cellar door sales, laboratory activities and making or repairing barrels, vats, casks and like articles; and/or

(c)          packaging, storing and dispatching of wine or grape spirit from a warehouse facility or other place of storage associated with a winery or wine distillery.

4.3                   This award covers any employer which supplies labour on an on-hire basis in the wine industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4                   This award covers employers which provide group training services for apprentices and/or trainees engaged in the wine industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5                   This award does not cover:

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

(b)         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

(c)          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.

4.6                   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 the 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 PR763295 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 32—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

[Varied by PR733941]

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 PR733941 from 27Sep21]

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

Clause

Provision

Agreement between an employer and:

13.5

Ordinary hours of work

The majority of employees

13.6(c)

Spread of hours

The majority of employees

13.7

Ordinary working hours

The majority of employees

13.9

Make-up time

An individual

14.2(b)

Shiftworkers—meal breaks

An individual

18.1

Payment of wages

An individual

22.5

Time off instead of payment for overtime

An individual

24.3

Annual leave—conversion to hourly entitlement

The majority of employees

24.8

Annual leave in advance

An individual

24.11

Cashing out of annual leave

An individual

29.2

Substitution of certain public holidays

An individual

   

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                   At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are a full-time, part-time or casual employee.

9.                      Full-time employees

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

10.                 Part-time employees

10.1               A part-time employee:

(a)          works up to 38 ordinary hours per week; and

(b)         receives on a pro rata basis, equivalent pay and terms and conditions of employment to those of a full-time employee who does the same kind of work.

10.2               At the time of engagement the employer and the part-time employee must agree in writing to a pattern of work. Any agreed variation to the pattern of work must be recorded in writing.

10.3               Except in the case of pieceworkers, a part-time employee must be paid for ordinary hours worked at the minimum hourly rate prescribed in clause 15Minimum rates for the work performed.

11.                 Casual employees

[Varied by PR733941]

[11.1 deleted by PR733941 from 27Sep21]

11.1               Casual loading

[11.2 renumbered as 11.1 by PR733941 from 27Sep21]

Except in the case of pieceworkers, for each ordinary hour worked, a casual employee must be paid:

(a)          the minimum hourly rate; and

(b)         a loading of 25% of the minimum hourly rate,

for the classification in which they are employed.

11.2               Minimum engagement

[11.3 renumbered as 11.2 by PR733941 from 27Sep21]

(a)          Subject to clause 11.2(b), an employer must pay a casual employee for a minimum of 4 hours’ work (even if the employee is only required to work for a shorter time) on each occasion on which the employee is required to attend work.

(b)         If a casual employee is engaged to perform pruning or harvesting work and a weather event not expected at the start of the casual employee’s work prevents 4 hours’ work being done, the casual employee is only required to be paid for a minimum of 2 hours’ work.

11.3               Offers and requests for casual conversion

[11.4 renumbered as 11.3 and renamed and substituted by PR733941 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 32—Dispute resolution.

[11.5 deleted by PR733941 from 27Sep21]

12.                 Classifications

A description of the classifications under this award is set out in Schedule A—Classification Structure and Definitions.

Part 3—Hours of Work

13.                 Ordinary hours of work and rostering

13.1               The following provisions in clause 13 apply to day workers and shiftworkers. Clause 13.6 does not apply to shiftworkers.

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

13.3               Subject to clause 13.7, the ordinary hours for a day worker or shiftworker are an average of up to 38 per week.

13.4               Ordinary hours are to be worked continuously, except for meal breaks.

13.5               Ordinary hours must not exceed 10 hours on any day, except where there is agreement between the employer and the majority of employees in the relevant workplace or section or sections of it, in which case the daily maximum may be extended to up to 12 hours.

13.6               Ordinary hours of work—day workers

(a)          Ordinary hours are worked between the hours of 6.00 am and 6.00 pm, Monday to Friday, subject to the following exceptions:

(i)            ordinary hours for an employee rostered to perform work in the cellar door are to be worked between 6.00 am and 6.00 pm, Monday to Friday, and 8.00 am and 6.00 pm on Saturday and Sunday; and

(ii)          ordinary hours for an employee rostered to perform work in the vineyard are to be worked between 5.00 am and 6.00 pm, Monday to Saturday, during the period of the vintage.

(b)         Vineyard employees during the vintage

(i)            For the purposes of clause 13.6, vintage means a period not exceeding 6 months between November and June inclusive, which starts on the date when the harvest of wine grapes begins at a particular vineyard and ends on the date the last wine grapes are harvested at that vineyard.

(ii)          The employer must make and retain a record of the beginning and end of each vintage in conjunction with relevant time and wages records.

(c)          The spread of hours may be varied by agreement between an employer and the majority of employees in the relevant workplace or the section or sections of it.

13.7               Methods of arranging ordinary working hours

The method of working the 38 hour week must be agreed between the employer and the majority of employees in the relevant workplace or section or sections of it and may be worked in one of the following arrangements:

(a)          19 days of 8 hours in each 4 week period, with either a fixed or rostered day off;

(b)         9 days of 8 hours and one day of 4 hours in each fortnight with either a fixed half-day off or a rostered half-day off at the beginning or end of the working week;

(c)          4 days of 8 hours and one day of 6 hours in each week, with the 6 hour day being at the beginning or end of the working week; or

(d)         any other arrangement agreed to by the employer and the majority of employees directly affected.

13.8               Daylight saving

For work performed on a shift that spans the time when daylight saving begins or ends, as prescribed by relevant state or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).

13.9               Make-up time

(a)          An employee may elect, with the consent of the employer, to work make-up time, under which the employee takes times off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided for in clause 13.

(b)         On each occasion the employee elects to use this provision the resulting agreement must be recorded in the time and wages records at the time when the agreement is made.

14.                 Breaks

14.1               Meal break—day workers

A day worker must not be required to work for more than 5 hours without an unpaid meal break of between 30 and 60 minutes.

14.2               Meal break—shiftworkers

(a)          A shiftworker must not be required to work for more than 4.5 hours without a paid meal break of 30 minutes.

(b)         By agreement with the employee concerned, up to 6 hours may be worked without the paid meal break where the shiftworker is:

(i)            a casual employee or a part-time employee engaged to work no more than 6 hours in any one shift; or

(ii)          working their ordinary hours on the basis of a short day each week.

14.3               Overtime meal break

An employee required to work more than 2 hours’ overtime immediately after finishing their ordinary hours on a day or shift must be given a 30 minute paid meal break in addition to the meal breaks provided in clauses 14.1 and 14.2:

(a)          prior to commencing overtime—paid at the rate then applying to the employee for ordinary hours of work; and

(b)         after each 4 hours of overtime worked thereafter—paid at the applicable overtime rate.

14.4               Working through meal break

An employee not given a meal break in accordance with clauses 14.1, 14.2 and 14.3 must be paid from then on at 150% of the rate of pay applying immediately before the meal break was due until the meal break is given.

14.5               Rest break

In addition to the meal break provisions in clauses 14.1 and 14.2, an employee must be given a paid rest break of 10 minutes on each day or shift.

Part 4—Wages and Allowances

15.                 Minimum rates

[Varied by PR718908, PR726419; corrected by PR726040; varied by PR730832, PR729349, PR731022, PR740776, PR762199, PR773979]

[15.1 varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

15.1               An employer must pay adult employees, other than those listed in clause 15.3, the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employees)

Minimum hourly rate

 

$

$

Grade 1

903.90

23.79

Grade 2

940.90

24.76

Grade 3

978.40

25.75

Grade 4

1032.30

27.17

Grade 5

1097.10

28.87

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

15.2               For the purposes of clause 15.1, any entitlement to a minimum rate expressed to be by the week means any entitlement which an employee would receive for performing 38 ordinary hours of work.

15.3               The following adult employees are not entitled to the minimum rates set out in the table in clause 15.1:

(a)          an adult apprentice (see clause 16—Apprentice rates); or

(b)         a trainee (see clause 15.9—National training wage); or

(c)          an employee receiving a supported wage (see Schedule E—Supported Wage System); or

(d)         an employee who has agreed to a piecework rate in accordance with clause 17—Piecework rates.

15.4               Clause 15.3(a) does not apply to adult apprentices who commenced on or after 1 January 2014 and are in the second and subsequent years of their apprenticeship.

15.5               Unapprenticed junior minimum rates

The minimum rates for an unapprenticed junior employee are to be calculated in accordance with the percentages set out below applied to the appropriate adult classification minimum rates in clause 15.1:

Age

% of adult rate

Under 17 years

80

At 17 years

90

At 18 years

100

15.6               School-based apprentices

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

15.7               Higher duties

(a)          An employee engaged for 2 or more hours during one day on duties carrying a higher minimum rate than the employee’s ordinary classification must be paid the higher minimum rate for the day.

(b)         If engaged for less than 2 hours during the day on higher duties, the employee must be paid the higher minimum rate for the time worked on higher duties.

15.8               Supported wage system

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

15.9               National training wage

(a)          Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[15.9(b) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 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 Wine Industry Award 2020 and not the Miscellaneous Award 2020.

[Note deleted by PR726419; inserted by PR730832; deleted by PR731022 ppc 01Nov21]

16.                 Apprentice rates

[Varied by PR733941]

16.1               Apprentice minimum rates

(a)          Except as provided for in clause 15.6, the minimum rates for an apprentice cooper, who commenced before 1 January 2014, are to be calculated in accordance with the percentages set out below applied to the Grade 4 classification minimum weekly rate in clause 15.1:

Stage of apprenticeship

% of Grade 4 rate

1st year

42

2nd year

55

3rd year

75

4th year

88

(b)         Except as provided for in clause 15.6, the minimum rates for an apprentice cooper, who commenced on or after 1 January 2014, are to be calculated in accordance with the percentages set out below applied to the Grade 4 classification minimum weekly rate in clause 15.1:

Stage of apprenticeship

Apprentices who have not completed year 12

Apprentices who have completed year 12

 

% of Grade 4 rate

1st year

50

55

2nd year

60

65

3rd year

75

75

4th year

88

88

16.2               Adult apprentice rates

(a)          The minimum rate of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the Grade 4 rate, or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship, whichever is the greater.

(b)         The minimum rate of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification clause 15—Minimum rates, or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship, whichever is the greater.

[16.2(c) varied by PR733941 from 27Sep21]

(c)          A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part‑time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

16.3               Apprentice conditions of employment

(a)          Except as provided in clause 16.3 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(b)         Block release training

(i)            Clause 16.3(b) applies to apprentices required to attend block release training identified in or associated with their training contract.

(ii)          Where the training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from the training.

(iii)        Clause 16.3(b)(ii) does not apply where the apprentice could attend a closer Registered Training Organisation (RTO), and use of the more distant RTO is not agreed between the employer and the apprentice.

(c)          For the purposes of clause 16.3(b)(ii), excess reasonable travel costs include:

(i)            the total costs of reasonable transport (including transporting tools where required);

(ii)          accommodation costs incurred while travelling (where necessary); and

(iii)        reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work.

(d)         Excess reasonable travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(e)          Reduction of payment

(i)            Payment under clause 16.3(b) may be reduced where an apprentice is eligible to receive travel costs to attend the block release training under a Government apprentice assistance scheme.

(ii)          The payment may be reduced by the amount the apprentice is entitled to receive under the scheme.

(iii)        A payment reduction will only apply if an apprentice has either received assistance under the scheme or their employer has advised them in writing of the availability of the assistance.

(f)           Reimbursements of course fees and materials

(i)            An employer must reimburse an apprentice for the following costs paid by the apprentice:

·   all training fees charged by an RTO for prescribed courses; and

·   all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship.

(ii)          An employer must make the reimbursements in clause 16.3(f) at the later of:

·   within 6 months of starting the apprenticeship or the relevant stage of the apprenticeship; or

·   within 3 months of starting training provided by the RTO.

(iii)        Reimbursement under clause 16.3(f) is not payable when there is unsatisfactory progress.

(iv)        An employer may meet its obligations under clauses 16.3(f)(i) and 16.3(f)(ii) by paying any fees and/or cost of textbooks directly to the RTO.

(g)          Attending training

(i)            An apprentice will be released from work to attend any training and assessment specified in, or associated with, the training contract.

(ii)          An apprentice’s attendance at training must be without loss of continuity of employment and be paid at the appropriate rates.

(iii)        Time spent attending training specified in, or associated with, the training contract, will be counted as time worked for the purposes of calculating the apprentice’s wages and determining their employment conditions.

(h)         Clause 16.3(g)(iii) operates subject to the provisions of Schedule D—School-based Apprentices.

(i)            Except in an emergency, an apprentice must not be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

17.                 Piecework rates

17.1               An employer and a full-time, part-time or casual employee may enter into an agreement for the employee to be paid a piecework rate. An employee on a piecework rate is a pieceworker.

17.2               The piecework rate fixed by agreement between the employer and the employee must enable an employee of average capacity to earn at least 20% more per hour than the minimum hourly rate for ordinary hours of work which is prescribed in this award for the type of employment and the classification level of the employee. The piecework rate agreed is to be paid for all work performed in accordance with the piecework agreement.

17.3               An agreed piecework rate is paid instead of the minimum rates specified in clause 15Minimum rates.

17.4               The following clauses of this award do not apply to an employee on a piecework rate:

(a)          clause 13—Ordinary hours of work and rostering;

(b)         clause 19.3(c)—Meal allowance;

(c)          clause 22—Overtime; and

(d)         clause 23—Penalty rates

17.5               The employer and the individual employee must have genuinely made the piecework agreement without coercion or duress.

17.6               The piecework agreement between the employer and the individual employee must:

(a)          be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b)         detail the piecework rate;

(c)          set out that the piecework rate will be paid instead of the minimum rates specified in clause 15—Minimum rates of the Wine Industry Award 2020;

(d)         set out that the following clauses of the Wine Industry Award 2020 do not apply to the employee as the employee is on a piecework rate:

(i)            clause 13—Ordinary hours of work and rostering;

(ii)          clause 19.3(c)—Meal allowance;

(iii)        clause 22—Overtime; and

(iv)        clause 23—Penalty rates.

(e)          state the date the agreement commences to operate.

17.7               The employer must give the individual employee a copy of the piecework agreement and keep it as a time and wages record.

17.8               Except where the employee is under 18 years of age the piecework agreement must not require the approval or consent of a person other than the employer and the individual employee.

17.9               An employer seeking to enter into a piecework agreement with an employee must provide the proposed written agreement to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposed piecework agreement.

17.10           Nothing in this award guarantees an employee on a piecework rate will earn at least the minimum weekly or hourly rate in this award for the type of employment and the classification level of the employee, as the employee’s earnings are contingent on their productivity.

17.11           The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate in clause 15.1 for the employee’s classification level.

17.12           The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate in clause 15.1 for the employee’s classification level plus a loading of 20% of the minimum hourly rate.

18.                 Payment of wages

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

18.1               Wages must be paid either weekly or fortnightly. Alternative intervals of payment may be used for so long as the employee agrees in writing.

18.2               Wages must be paid by cash or electronic funds transfer (EFT) into the employee’s account at their nominated bank or other recognised financial institution.

18.3               Payment on termination of employment

(a)          If the employment of an employee terminates, the employer must pay an employee the following amounts in accordance with clause 18.3:

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

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

(b)         The amounts described at clause 18.3(a)(i) must be paid to the employee:

(i)            by cash on the day of termination; or

(ii)          by electronic funds transfer no later than 7 days after the day on which the employee’s employment terminates.

(c)          The amounts described at clause 18.3(a)(ii) must be paid to the employee:

(i)            by cash on the day of termination; or

(ii)          by electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.

(d)         The requirement to pay wages and other amounts under clause 18.3 is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 18.3(d) allows the Commission to make an order delaying the requirement to make a payment under clause 18.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

19.                 Allowances

[Varied by PR718908, PR719060; corrected by PR726040; varied by PR729349, PR729533, PR740939, PR740776, PR762199, PR762366, PR773979, PR774148]

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 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               Wage-related allowances

(a)          Leading hands

(i)            Other leading hands

[19.2(a)(i) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

A leading hand in charge of other employees, except an employee engaged in the Grade 5 classification, must be paid:

In charge of

$ per week

1–4 employees

25.11

5–10 employees

40.40

more than 10 employees

61.87

(ii)          Coopers stream leading hands

[19.2(a)(ii) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

A leading hand in charge of coopers stream employees, except an employee engaged in the Grade 5 classification, must be paid:

In charge of

$ per week

3–10 employees

37.25

11–20 employees

56.35

more than 20 employees

72.38

(b)         Mobile crane operations

[19.2(b) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee engaged in operating a mobile crane must be paid an allowance of $0.33 per hour while they are engaged on such work.

(c)          First aid allowance

[19.2(c) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee who is the current holder of appropriate first aid qualifications, such as a certificate from the St John Ambulance or similar body, and is appointed by the employer to perform first aid duty must be paid an allowance of $20.54 per week or $4.10 per day.

(d)         Boilers and flues

An employee engaged in washing out and chipping boilers or in cleaning flues must be paid 150% of the hourly rate applying while they are engaged in such work.

(e)          Wet work

[19.2(e) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee who on any day works in a wet place must be paid an allowance of $6.14 per day, unless provided with adequate protective clothing.

(f)           Wine vats

[19.2(f) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee engaged in burning and/or waxing closed wine vats must be paid an allowance of $1.14 per hour.

(g)          Confined spaces

[19.2(g) varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee working in a confined space as a cooper must be paid an allowance of $0.38 per hour.

(h)         Dirty work

[19.2(h) varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee performing work as a cooper which is of an unusually dirty or offensive nature must be paid an allowance of $0.22 per hour.

(i)            Cask firing

[19.2(i) varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

An employee engaged in the cask firing as a cooper must be paid an allowance of $6.47 per day or part thereof extra subject to a maximum of $32.39 per week.

19.3               Expense-related allowances

(a)          Travel and expenses

(i)            Where an employee is required by the employer to travel from one place of work to another:

·   the time occupied in such travel must be counted as time worked and paid for as such; and

·   the transport and fares for such travel must be provided by the employer or the expense incurred by the employee for such travel must be reimbursed by the employer.

(ii)          An employee required by their duties to spend the night away from their home or the property on which they are employed, must be fully reimbursed for all fares and other expenses incurred during the period they are away from their usual place of residence.

(iii)        When an employee finishes overtime or shiftwork at any time when their usual means of transport is not available, the employer must reimburse the employee for the cost of transport for the employee to get home.

(b)         Vehicle allowance

[19.3(b) varied by PR729533, PR740939, PR762366, PR774148 ppc 01Jul24]

An employee who agrees with their employer to use their own motor vehicle on the employer’s business, must be paid $0.98 per kilometre travelled.

(c)          Meal allowance

[19.3(c)(i) varied by PR719060, PR729533, PR740939, PR762366, PR774148 ppc 01Jul24]

(i)            An employee who works overtime must, in addition to the rates prescribed elsewhere in this award, be paid $17.92 as a meal allowance on each occasion they work overtime in excess of 2 hours following their ordinary day or shift.

(ii)          An employee is not entitled to a meal allowance if:

·   they can reasonably return home for a meal; or

·   they were notified the day before that they will be required to work overtime; or

·   where the employee is provided with an adequate meal by the employer.

(d)         Loss or damage of tools

An employer must compensate an employee for the loss or damage caused by fire on the employer’s property of tools owned by an employee which are used by the employee in the course of their employment.

20.                 Accident pay

20.1               Definitions

For the purposes 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 the injury (not including over award payments) provided the latter amount is greater than the former amount.

(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

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 for a maximum period of 26 weeks.

20.3               Calculation of the period

(a)          The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period.

(b)         The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.

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

20.4               When not entitled to payment

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.

20.5               Return to work

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

20.6               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.

20.7               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.

20.8               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.

21.                 Superannuation

[Varied by PR771365]

21.1               Superannuation legislation

[21.1 substituted by PR771365 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 behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.

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

(c)          The employer must pay the amount authorised under clauses 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4               Superannuation fund

[21.4 varied by PR771365 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)          HOSTPLUS; or

(b)         CareSuper; or

(c)          AustralianSuper; or

(d)         AustSafe Super; or

(e)          MTAA Superannuation fund; or

(f)           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

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

Part 5—Overtime and Penalty Rates

22.                 Overtime

[Varied by PR723992, PR747409, PR763295]

22.1               Definition of overtime

(a)          A full-time employee must be paid overtime for all time worked outside ordinary hours on any day or shift.

(b)         A part-time employee must be paid overtime rates in accordance with clause 22.2—Overtime rates for all time worked:

(i)            outside of the spread of ordinary hours; and/or

(ii)          in excess of 38 ordinary hours per week; and/or

(iii)        in excess of the ordinary hours provided for in clause 13—Ordinary hours of work and rostering.

(c)          A casual employee must be paid overtime rates in accordance with clause 22.2—Overtime rates for all time worked:

(i)            outside of the spread of ordinary hours; and/or

(ii)          in excess of 38 ordinary hours per week; and/or

(iii)        in excess of the ordinary hours provided for in clause 13—Ordinary hours of work and rostering.

[22.1(d) substituted by PR723992 ppc 20Nov20]

(d)         The overtime rates for a casual employee must be applied to the minimum hourly rate in clause 15—Minimum rates for the work being performed. The casual loading of 25% must also be paid for overtime worked on a Sunday or public holiday. The casual loading is otherwise not payable on overtime.

22.2               Overtime rates

(a)          Monday to Saturday work

All time worked outside ordinary hours on any day or shift on a Monday to Saturday must be paid for at 150% of the minimum hourly rate for the first 2 hours on any day or shift and 200% of the minimum hourly rate after 2 hours and until the completion of the overtime work.

(b)         Sunday work

[22.2(b) substituted by PR723992 ppc 20Nov20]

(i)            A full-time or part-time employee required to work overtime on a Sunday must be paid at 200% of the minimum hourly rate until the completion of the overtime.

(ii)          A casual employee required to work overtime on a Sunday must be paid at 225% of the minimum hourly rate until the completion of the overtime.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time and part-time employees prescribed by clause 22.2(b)(i).

(c)          Public holiday work

[22.2(c) substituted by PR723992 ppc 20Nov20]

(i)            A full-time or part-time employee required to work overtime on a public holiday must be paid for a minimum of 4 hours’ work at 250% of the minimum hourly rate until the completion of the overtime.

(ii)          A casual employee required to work overtime on a public holiday must be paid for a minimum of 4 hours’ work at 275% of the minimum hourly rate until the completion of the overtime.

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time and part-time employees prescribed by clause 22.2(c)(i).

[22.2(c)(iii) inserted by PR747409 ppc 14Nov22]

(iii)        Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 22.2(c).

22.3               Rest period after working overtime

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

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

(ii)          there will be no loss of pay for ordinary hours of work which occur during this absence.

(b)         The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 22.3(a):

[22.3(b)(i) substituted by PR723992 ppc 20Nov20]

(i)            the employee must be paid at 200% of the minimum hourly rate for a full-time, part-time or casual employee, or at 225% of the minimum hourly rate for a casual employee working on a Sunday or a public holiday, until the employee is released from duty;

(ii)          the employee is then entitled to be absent for 10 consecutive hours; and

(iii)        there will be no loss of pay for ordinary hours of work which occur during this absence.

[Note inserted by PR723992 ppc 20Nov20]

NOTE: The overtime rate for casual employees working on a Sunday or a public holiday has been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time, part-time and casual employees prescribed by clause 22.3(b)(i).

22.4               Call back

Any employee recalled to work overtime after leaving the employer’s premises must be paid for a minimum of 4 hours’ work at the appropriate overtime rate, except where:

(a)          it is customary for an employee to return to their employer’s premises to perform a specific task outside their ordinary working hours; or

(b)         the overtime commences, subject to a meal break, immediately after the end of ordinary working time, or immediately before the start of ordinary working time.

22.5               Time off instead of payment for overtime

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

(b)         Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 22.5.

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

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

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

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

(iv)        that any payment mentioned in clause 22.5(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 22.5 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 22.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d)         The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 22.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e)          Time off must be taken:

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

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

(f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h)         The employer must keep a copy of any agreement under clause 22.5 as an employee record.

(i)            An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j)           An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.5 will apply, including the requirement for separate written agreements under clause 22.5(b) for overtime that has been worked.

[Note varied by PR763295 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.5.

23.                 Penalty rates

[Varied by PR747409]

23.1               Day workers

The following rates must be paid to a day worker working ordinary hours on:

(a)          Saturdays—125% of the minimum hourly rate;

(b)         Sundays—200% of the minimum hourly rate; and

23.2               A day worker required to work on a public holiday must be paid for a minimum of 4 hours’ work at the rate of 250% of the minimum hourly rate.

[New 23.3 inserted by PR747409 ppc 14Nov22]

23.3               Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 23.2.

23.4               Shiftworkers

[23.3 renumbered as 23.4 by PR747409 ppc 14Nov22]

(a)          For the purposes of this award:

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

(ii)          night shift means any shift finishing after midnight and at or before 8.00 am.

(b)         Afternoon and night shift penalty rates

(i)            Afternoon and night shift

An employee who works on afternoon or night shift must be paid at 115% of the minimum hourly rate.

(ii)          Permanent night shift

An employee who:

·   during a period of engagement on shift, works night shift only; or

·   remains on night shift for a longer period than 4 consecutive weeks; or

·   works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle,

must be paid at 130% of the minimum hourly rate for all time worked during ordinary working hours on such night shift.

(c)          Weekend and public holiday rates

(i)            The following rates must be paid to a shiftworker working on:

·   Saturdays—150% of the minimum hourly rate;

·   Sundays—200% of the minimum hourly rate; and

·   public holidays—250% of the minimum hourly rate.

(ii)          The extra rates in clause 23.4(c)(i) are in substitution for and not cumulative upon shift penalty rates prescribed in clause 23.4(b).

Part 6—Leave and Public Holidays

24.                 Annual leave

[Varied by PR751097]

24.1               Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

24.2               Definition of a shiftworker

For the purposes of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered on Sundays and public holidays.

24.3               Conversion to hourly entitlement

An employer may reach agreement with the majority of employees in the relevant workplace or a section or sections of it to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full‑time employee entitled to 4 weeks of annual leave).

24.4               Annual leave loading

During a period of annual leave an employee must be paid a shift penalty, in addition to their base rate of pay as referred to in section 90(1) of the Act, as follows:

(a)          Day work

An employee who would have worked on day work only had they not been on leave must be paid a loading equal to 17.5% of their base rate of pay as referred to in section 90(1) of the Act or the relevant weekend penalty rates, whichever is the greater but not both.

(b)         Shiftwork

An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of their base rate of pay as referred to in section 90(1) of the Act or the shift penalty including relevant weekend penalty rates, whichever is the greater but not both.

(c)          Piecework

An employee on a piecework rate must be paid a loading equal to 20% of their base rate of pay.

24.5               Excessive leave accruals: general provision

NOTE: Clauses 24.5 to 24.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2–2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2).

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

(c)          Clause 24.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 24.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

24.6               Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 24.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 24.6(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.5, 24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account; and

(ii)          must not require the employee to take any period of paid annual leave of less than one week; and

(iii)        must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)        must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c)          The employee must take paid annual leave in accordance with a direction under clause 24.6(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 24.6(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 24.6(d) may result in the direction ceasing to have effect. See clause 24.6(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

24.7               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 24.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 24.7(a) if:

(i)            the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii)          the employee has not been given a direction under clause 24.6(a) that, when any other paid annual leave arrangements (whether made under clause 24.5, 24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 24.7(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.5, 24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account; or

(ii)          provide for the employee to take any period of paid annual leave of less than one week; or

(iii)        provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv)        be inconsistent with any leave arrangement agreed by the employer and employee.

(d)         An employee is not entitled to request by a notice under clause 24.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2) in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 24.7(a).

24.8               Annual leave in advance

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

(b)         An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 24.8 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 24.8 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.8, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.9               Direction to take annual leave during shutdown

[24.9 renamed and substituted by PR751097 ppc 01May23]

(a)          Clause 24.9 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employees in the relevant workplace or the section or sections of it (temporary shutdown period); and

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

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

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 24.9(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.

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

(e)          A direction by the employer under clause 24.9(d):

(i)            must be in writing; and

(ii)          must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 24.9(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 24.9(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 24.8.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 24.8, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 24.5 to 24.7 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 24.9.

24.10           Proportionate leave on termination

On termination of employment, an employee must be paid for annual leave accrued that has not been taken at the appropriate rate in accordance with section 90(1) of the Act.

24.11           Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.11.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.11.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 24.11 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)          the date on which the payment is to be made.

(e)          An agreement under clause 24.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h)         The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i)            The employer must keep a copy of any agreement under clause 24.11 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 24.11.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.11.

NOTE 3: An example of the type of agreement required by clause 24.11 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.

25.                 Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

26.                 Parental leave and related entitlements

[26 varied by PR763295 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 32—Dispute resolution and/or under section 76B of the Act.

27.                 Community service leave

Community service leave is provided for in the NES.

28.                 Family and domestic violence leave

[28—Unpaid family and domestic violence leave renamed and substituted by PR750600 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

29.                 Public holidays

[Varied by PR747409]

29.1               Public holiday entitlements are provided for in the NES.

29.2               Substitution of certain public holidays by agreement at the enterprise

(a)          An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b)         An employer and employee may agree to substitute another part-day for a part‑day that would otherwise be a part-day public holiday under the NES.

29.3               Rostered day off falling on public holiday

(a)          Except as provided for in clauses 29.3(b) and 29.3(c) and where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and that day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(i)            7.6 hours of pay at the ordinary hourly rate; or

(ii)          7.6 hours of extra annual leave; or

(iii)        a substitute day off on an alternative week day.

(b)         Where an employee has credited time accumulated pursuant to clause 13.7, then such credited time should not be taken as a day off on a public holiday.

(c)          If an employee is rostered to take credited time accumulated pursuant to clause 13.7 as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.

(d)         Clauses 29.3(b) and 29.3(c) do not apply in relation to days off which are specified in an employee’s regular roster or pattern of ordinary hours as clause 29.3(a) applies to such days off.

[29.3(e) inserted by PR747409 ppc 14Nov22]

(e)          If a public holiday is a part-day public holiday, then clause 29.3 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

[29.4 deleted by PR747409 ppc 14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774812 from 01Jul24]

29A. Workplace delegates’ rights

[29A inserted by PR774812 from 01Jul24]

29A.1 Clause 29A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 29A.

29A.2 In clause 29A:

(a)          employer means the employer of the workplace delegate;

(b)         delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c)          eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

29A.3 Before exercising entitlements under clause 29A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

29A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

29A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a)          consultation about major workplace change;

(b)         consultation about changes to rosters or hours of work;

(c)          resolution of disputes;

(d)         disciplinary processes;

(e)          enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f)           any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

29A.6 Entitlement to reasonable communication

(a)          A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 29A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b)         A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

29A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i)            a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii)          a physical or electronic noticeboard;

(iii)        electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv)        a lockable filing cabinet or other secure document storage area; and

(v)          office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 29A.7(a) if:

(i)            the workplace does not have the facility;

(ii)          due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii)        the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

29A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a)          In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b)         The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i)            full-time or part-time employees; or

(ii)          regular casual employees.

(c)          Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d)         The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e)          If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f)           The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g)          The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

29A.9 Exercise of entitlements under clause 29A

(a)          A workplace delegate’s entitlements under clause 29A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i)            comply with their duties and obligations as an employee;

(ii)          comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii)        not hinder, obstruct or prevent the normal performance of work; and

(iv)        not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b)         Clause 29A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c)          Clause 29A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 29A.

30.                 Consultation about major workplace change

30.1               If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a)          give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b)         discuss with affected employees and their representatives (if any):

(i)            the introduction of the changes; and

(ii)          their likely effect on employees; and

(iii)        measures to avoid or reduce the adverse effects of the changes on employees; and

(c)          commence discussions as soon as practicable after a definite decision has been made.

30.2               For the purposes of the discussion under clause 30.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

30.3               Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

30.4               The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 30.1(b).

30.5               In clause 30 significant effects, on employees, includes any of the following:

(a)          termination of employment; or

(b)         major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c)          loss of, or reduction in, job or promotion opportunities; or

(d)         loss of, or reduction in, job tenure; or

(e)          alteration of hours of work; or

(f)           the need for employees to be retrained or transferred to other work or locations; or

(g)          job restructuring.

30.6               Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.

31.                 Consultation about changes to rosters or hours of work

31.1               Clause 31 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

31.3               For the purpose of the consultation, the employer must:

(a)          provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

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

31.4               The employer must consider any views given under clause 31.3(b).

31.5               Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

32.                 Dispute resolution

[Varied by PR763295]

32.1               Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

32.3               If the dispute is not resolved through discussion as mentioned in clause 32.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

32.4               If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.

32.5               The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

32.6               If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

32.7               A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 32.

32.8               While procedures are being followed under clause 32 in relation to a dispute:

(a)          work must continue in accordance with this award and the Act; and

(b)         an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

32.9               Clause 32.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763295 ppc 01Aug23]

NOTE 1: In addition to clause 32, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763295 ppc 01Aug23]

NOTE 2: In addition to clause 32, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and Redundancy

33.                 Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

33.1               Notice of termination by an employee

(a)          Clause 33.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b)         An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1

Employee’s period of continuous service with the employer at the end of the day the notice is given

Column 2

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c)          In clause 33.1(b) continuous service has the same meaning as in section 117 of the Act.

(d)         If an employee who is at least 18 years old does not give the period of notice required under clause 33.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e)          If the employer has agreed to a shorter period of notice than that required under clause 33.1(b), then no deduction can be made under clause 33.1(d).

(f)           Any deduction made under clause 33.1(d) must not be unreasonable in the circumstances.

33.2               Job search entitlement

(a)          Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b)         The time off under clause 33.2 is to be taken at times that are convenient to the employee after consultation with the employer.

34.                 Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

34.1               Transfer to lower paid duties on redundancy

(a)          Clause 34.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b)         The employer may:

(i)            give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii)          transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 34.1(c).

(c)          If the employer acts as mentioned in clause 34.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all‑purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

34.2               Employee leaving during redundancy notice period

(a)          An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b)         The employee is entitled to receive the benefits and payments they would have received under clause 34 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c)          However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

34.3               Job search entitlement

(a)          Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b)         If an employee is allowed time off without loss of pay of more than one day under clause 34.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c)          A statutory declaration is sufficient for the purpose of clause 34.3(b).

(d)         An employee who fails to produce proof when required under clause 34.3(b) is not entitled to be paid for the time off.

(e)          This entitlement applies instead of clause 33.2.


 

Schedule AClassification Structure and Definitions

For the purposes of this award, the classification structure and definitions in the bottling, cellar, cellar door sales, laboratory, vineyard, warehouse and supply and coopers streams are as follows:

A.1                Bottling stream

A.1.1            Grade 1—Bottling stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.1.2            Grade 2—Bottling stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in all the following modules:

·   attending packaging equipment;

·   performing repetitive tasks such as:

- binning/debinning unlabelled wines

- application of capsules

- hand labelling

- carton making

- packing wines

- depalletising/palletising;

·   bottling hygiene/housekeeping; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.1.3            Grade 3—Bottling stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 2 or more of the following modules:

·   forklift driving (certificate required);

·   set up and efficient operation of one or more machines in:

- set up for production

- adjustments required during production

- close down and clean at the end of production;

·   change over of one or more machines;

·   operation of service equipment related to packaging lines;

·   boiler attendant (certificate required); or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected to perform the tasks appropriate to the modules forming the basis of this grade and assists with the training of new employees. A Grade 3 employee may also be required to lead a packaging line on a relief or seasonal basis, provided they have received or are taking training in the modules essential to the Supervisor level.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the modules essential to Grade 4, even if only on a relief basis.

A.1.4            Grade 4—Bottling stream

(a)          Point of entry

(i)            A Grade 3 employee who has successfully completed training and assessment in:

·   operation and adjustment of equipment that requires a higher level of skill (as specified by the employer); or

·   preparation of filling equipment which includes:

- sterilisation and sanitation of filling machines

- sterile wine filtration

- wine transfer; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 4 employee performs the tasks appropriate to the modules forming the basis of this grade and assists with the training of new employees. The Grade 4 employee may also take on the responsibility of leading a section or department within the winery in which the employee is employed.

(c)           Training and promotion

For promotion to the level of Grade 5, a Grade 4 employee will be trained in all modules.

A.1.5            Grade 5—Bottling stream

(a)          Point of entry

(i)            A Grade 4 employee who has successfully completed training and assessment in the following modules:

·   supervision in the workplace (relevant recognised qualification)

·   bottling course (relevant recognised qualification)

·   maintaining production records

·   report writing; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 5 employee co-ordinates the work of employees within a department or a packaging line and maintains company standards relating to safety, quality and production volume. The duties include instructing employees in the modules which are essential to operations in the winery in which the employees are employed, with a conscious effort to continuously improve employee skills.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.

A.2                Cellar stream

A.2.1            Grade 1—Cellar stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.2.2            Grade 2—Cellar stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in the following modules:

·   cellar hygiene

·   transferring of product including road tankers and racking if required

·   additions

·   wine blending

·   safety regulations including confined space procedure and chemical handling; or

(ii)          A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with training in more than one stream and successful assessment in the following modules:

·   cellar hygiene

·   transferring of product

·   safety regulations including confined space procedure and chemical handling; and

·   2 modules essential to one or 2 other streams such as:

- palletising (bottling hall)

- carton making (bottling hall)

- forklift driving (warehouse/bottling hall)

- heavy vehicle driving (warehouse); or

(iii)        A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks and, subject to training, performs other duties as required, such as:

·  tank waxing

·  vintage operations such as:

- crushing

- press house work

- tank cleaning (removing skins, etc)

·  barrel washing

·  forklift driving (certificate required); and

·  wood stacking and transferring product to/from wood.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.2.3            Grade 3—Cellar stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 3 of the following modules:

·   forklift driving (certificate required)

·   filtration (pad/cartridge/membrane, or earth or lees)

·   centrifugation

·   fortification

·   ion exchange

·   de-sulphurising

·   juice concentration

·   heat exchange

·   spirit bond

·   boiler attendant (certificate required)

·   distiller (limited to equipment operation, including boiler)

·   sparkling wine production; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected, under limited supervision, to perform the duties required of a Grade 2 employee plus the duties appropriate to the 3 modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform the duties appropriate to the operation of all other equipment following a period of training.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the operation of all equipment within the winery in which the employee is employed, with the exception of distillery and boilers.

A.2.4            Grade 4—Cellar stream

(a)          Point of entry

(i)            A Grade 3 employee who has successfully completed training and assessment in the duties appropriate to the operation of all the equipment within the winery in which the employee is employed (except distillery and boiler equipment) and in the following:

·   cellar procedures course (external)

·   health, safety and welfare course (external or internal – on-going); or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 4 employee performs any task without supervision in the winery in which the employee is employed.

(c)           Training and promotion

For promotion to Grade 5, a Grade 4 employee will be trained to take on the responsibilities of leading a section or department within the winery in which the employee is employed.

A.2.5            Grade 5—Cellar stream

(a)          Point of entry

(i)            A Grade 4 employee who has successfully completed training and assessment in the following:

·   supervision and methods of instruction

·   report writing

·   such additional modules as required by the employer; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 5 employee co-ordinates the work of employees within a department and maintains company standards relating to safety, quality and production volume. The employees required to carry out these duties are those responsible for, but not limited to, departments such as output filtration, distillery and sparkling wines. The duties include instructing employees in the modules which are essential to operations in the winery in which the employees are employed, with a conscious effort to continuously improve employee skills.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.

A.3                Cellar door sales stream

A.3.1            Grade 1—Cellar door sales stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.3.2            Grade 2—Cellar door sales stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in all of the following modules:

·   wine appreciation and tasting

·   sales/service

·   tour guide

·   office procedures; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.3.3            Grade 3—Cellar door sales stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in the following modules:

·   wine appreciation (external course)

·   competency in the use of a visual display unit or PC and keyboard

·   stock control/ordering

·   invoicing—licensed, private and sample accounts

·   banking procedures; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to the modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform the duties appropriate to the operation of other duties following a period of training.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in modules essential to Grade 4, even if only on a relief basis.

A.3.4            Grade 4—Cellar door sales stream

(a)          Point of entry

(i)            A Grade 3 employee who has successfully completed training and assessment in the following disciplines:

·   resource management and work planning

·   point of sale

·   accident prevention and investigation

·   state and national regulations appertaining to public places

·   public relations—hospitality industry (external course); or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 4 employee plans and co-ordinates the activities within the cellar door sales department in which the Supervisor is employed while upholding company standards. Other duties include the responsibility for security in the absence of the cellar door sales manager.

(c)           Training and promotion

An employee at this level may undertake further training for the purpose of updating their skills and knowledge. For promotion to Grade 5, a Supervisor will be trained in the disciplines necessary to take on those responsibilities, even if only on a relief basis.

A.4                Laboratory stream

A.4.1            Grade 1—Laboratory stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.4.2            Grade 2—Laboratory stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in 3 of the following modules:

·   routine chemical analysis

·   basic light microscopy and identification of micro-organisms

·   sterility testing of bottled wine

·   basic analytical or packaging instrumentation skills

·   routine trial work

·   on-line packaging quality monitoring

·   incoming packaging materials assessment

·   media or reagent preparation; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 and, subject to training, other duties as required while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.4.3            Grade 3—Laboratory stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 2 of the following modules:

·   propagation of micro-organisms

·   non-routine trials

·   2 Grade 2 modules in which the employee has not yet been assessed

·   advanced analytical, packaging or microbiological instrumentation

·   reconciliation of results with standards; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to the 2 modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform other duties following a period of training.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in modules essential to Grade 4.

A.4.4            Grade 4—Laboratory stream

(a)          Point of entry

(i)            A Grade 3 employee who:

·   has successfully completed training and assessment in:

- health, safety and welfare (external or internal course—on-going)

- plant monitoring and trouble shooting

- working without direct supervision

- training personnel in Grade 1 and Grade 2 modules

- collating and recording information to supervisors within the department;

·   is fully competent in all modules pertaining to one of the following areas:

- analytical chemistry

- microbiology

- packaging quality control; and

·   has commenced the chemistry or microbiology certificate or equivalent and understands all principles and practices which apply to the candidate’s chosen field; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 4 employee performs any task associated with the modules in which the employee has been assessed while undertaking to learn those modules in which the employee has not been assessed.

(c)           Training and promotion

For promotion to Grade 5, a Grade 4 employee will be trained to take on the responsibilities of supervising a section or department within the winery in which the employee is employed.

A.4.5            Grade 5 (Supervisory)—Laboratory stream

(a)          Point of entry

(i)            A Grade 4 employee who has successfully completed training and assessment in the following disciplines:

·   supervision

·   report writing

·   communication with other departments

·   certificate or diploma applicable to the field of speciality; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

(i)            A Grade 5 (Supervisory) employee co-ordinates the work of employees within a department and maintains company standards relating to safety, quality and production volume. The employees required to carry out these duties are those responsible for but not limited to departments such as quality control, analytical quality control, vintage laboratory and microbiology laboratory.

(ii)          The duties include instructing employees in the modules which are essential to operations in the laboratory in which the employees are employed, with a conscious effort to continuously improve employee skills. Other duties include non-routine trial work and designing new tests/trials as required, investigating analytical exceptions and special projects.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.

A.4.6            Grade 5 (Technical)—Laboratory stream

(a)          Point of entry

(i)            A Grade 4 employee who has successfully completed training and assessment in the following disciplines:

·   advanced chemical, microbiological or packaging skills certification

·   appropriate qualification to the field of speciality

·   advanced and detailed knowledge of areas of research and product development; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

(i)            A Grade 5 (Technical) employee:

·   carries out advanced analytical, microbiological or packaging activities, and/or

·   works without supervision on projects or product development, and/or

·   reports on aspects of work in the area of speciality to management and other departments, and/or

·   carries out complex network development or evaluation; and/or

·   carries out complex processing trials.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions. Advancement from Grade 5 (Technical) will be associated with the acquisition of supervisory skills.

A.5                Vineyard stream

A.5.1            Grade 1—Vineyard stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.5.2            Grade 2—Vineyard stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in all of the following modules:

·   pruning

·   vine training

·   basic machinery training

·   irrigation

·   harvesting

·   safety and safety regulations (on-going)

·   chemicals handling

·   grafting; or

(ii)          A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with training in more than one stream and successful training and assessment in general viticulture (internal or external) and 2 modules essential to one or 2 other streams such as:

·   forklift driving (certificate required)

·   heavy vehicle driving

·   basic machinery maintenance; or

(iii)        A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks and, subject to training, performs other duties as required, such as mechanical harvester operations and general vineyard machinery repair and maintenance.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.5.3            Grade 3—Vineyard stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 3 of the following modules:

·   mechanical harvesting operations

·   routine repairs and maintenance

·   pruning

·   vine training

·   planting

·   trellising

·   irrigation

·   chemicals handing

·   grafting; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to the 3 modules forming the basis of the qualifications for Grade 3. The Grade 3 employee may also be required to perform other duties following a period of training.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the handling of all equipment and duties within the vineyard in which the employee is employed.

A.5.4            Grade 4—Vineyard stream

(a)          Point of entry

(i)            A Grade 3 employee who has successfully completed training and assessment in the duties appropriate to the operation of all the equipment within the vineyard in which the employee is employed and in the following:

·   rural studies certificate or equivalent

·   health, safety and welfare course (external or internal—on-going); or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 4 employee performs any task without supervision in the vineyard in which the employee is employed.

(c)           Training and promotion

For promotion to a Grade 5, a Grade 4 employee will be trained to take on the responsibilities of leading a section or department within the winery in which the employee is employed.

A.5.5            Grade 5—Vineyard stream

(a)          Point of entry

(i)            A Grade 4 employee who has successfully completed training and assessment in the following disciplines:

·   supervision and methods of instruction

·   report writing; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 5 employee co-ordinates the work of employees within a section of the vineyard and maintains company standards relating to safety, quality and production volume. The duties include instructing employees in the modules which are essential to operations in the vineyard in which the employees are employed, with a conscious effort to continuously improve employee skills.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.

A.6                Warehouse and supply stream

A.6.1            Grade 1—Warehouse and supply stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.6.2            Grade 2—Warehouse and supply stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in the following modules:

·   forklift operations (certificate required)

·   basic physical layout within locations

·   basic warehouse or supply procedures

·   basic warehouse or supply operations; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs, under supervision, a minimum period of 6 months on each of any 2 of the following duties:

(i)            Supply

·   bottle yard operation

·   scrap yard operation

·   order receipt

·   material issue

·   stock checks/control

·   truck driver’s licence.

(ii)          Warehouse

·   production line forklift duties

·   loading bay operations

·   warehouse movements—as directed

·   truck driver’s licence.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.6.3            Grade 3—Warehouse and supply stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in the following modules:

·   the Grade 2 modules

·   competent in the use of a computer

·   a health, safety and welfare course; or

(ii)          A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful assessment in the following modules:

·   vintage cellar operations

·   bottling hall operation; or

(iii)        A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to 2 of the modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform the duties appropriate to the operation of all other equipment following a period of training.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the operation of all equipment and operations within the warehouse area in which the employee is employed.

A.6.4            Grade 4—Warehouse and supply stream

(a)          Point of entry

(i)            A Grade 3 employee who has completed an accredited assessment in the operation of all work performed in the warehouse or supply at Grades 2 and 3 level plus emergency procedures—in house and a health, safety and welfare course; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 4 employee performs any task associated with the equipment within the warehouse area in which the employee is employed and is able to perform any task without supervision in the warehouse in which the employee is employed.

(c)           Training and promotion

For promotion to Grade 5, a Grade 4 employee will be trained in the duties of supervising a section or area in which the employee is employed in the warehouse.

A.6.5            Grade 5—Warehouse and supply stream

(a)          Point of entry

(i)            A Grade 4 employee who has completed an accredited assessment in the following disciplines:

·   Supervision—approved course (internal/external)

·   forklift operators examiner’s course

·   report writing

·   warehouse—overall knowledge of despatch office procedures

·   supply—overall knowledge of supply office procedures; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 5 employee co-ordinates the work of those within their area of responsibility in the warehouse including maintaining the employer’s standards relating to safety, quality and production volume, and instructing other employees in modules essential to the operations of the warehouse in which the employees are employed.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.

A.7                Coopers stream

A.7.1            Grade 1—Coopers stream

(a)          An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.

(b)          Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.

A.7.2            Grade 2—Coopers stream

(a)          Point of entry

(i)            A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in the following modules:

·   basic supply procedures

·   basic supply operations

·   basic wood storage/knowledge

·   forklift driver’s licence

·   basic machinery use

·   basic safety regulations and procedures; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 2 employee performs tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision.

(c)           Training and promotion

It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.

A.7.3            Grade 3—Coopers stream

(a)          Point of entry

(i)            A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 3 of the following modules:

·   setting up and efficient operation of one or more machines

·   safety regulations including confined space procedure

·   forklift driving

·   basic machine maintenance

·   product storage and transfer

·   health, safety and welfare course (internal or external); or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 3 employee is expected to perform the duties required of a Grade 2 employee and also the operation and adjustment of equipment that requires a higher skill. A Grade 3 employee also performs duties appropriate to the modules forming the basis of the qualifications of Grade 3.

(c)           Training and promotion

To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the operation of all equipment and operations within the area in which the employee is employed.

A.7.4            Grade 4—Coopers stream

(a)          Point of entry

(i)            A person who has completed a recognised apprenticeship as a Trades Cooper; or

(ii)          A Grade 3 employee who has successfully completed training and assessment in the following:

·   resource management and work planning

·   accident prevention and investigation

·   supervision and methods of instruction

·   report writing

·   such additional modules as required by the employer; or

(iii)        A person deemed by the employer to be have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

(i)            A Grade 4 employee performs tasks in all aspects of the manufacture and maintenance of casks, barrels and vats including:

·   making or repairing any cask or any article composed of staves and hoops

·   preparing and shaping timber with hand tools for casks or vats

·   putting together and/or finishing casks or vats with hand tools

·   heading casks

·   grading or classifying timber to be used for the purpose of building casks or vats

·   performing any other work relating to coopering as directed

·   being responsible for directing a trades assistant and/or an apprentice

·   co-ordinating the work of employees

·   maintaining appropriate standards relating to safety, quality and production volumes; and

·   co-ordination and instruction of Grade 1, 2 and 3 employees.

(c)           Training and promotion

For promotion to Grade 5, a Grade 4 employee will be trained to take on the responsibilities of supervision, co-ordination and instruction.

A.7.5            Grade 5—Coopers stream

(a)          Point of entry

(i)            A Grade 4 employee who has successfully completed training and assessment in:

·   supervision and instruction

·   forklift drivers examiner’s course

·   report writing

·   restructuring

·   overall knowledge of supply and production procedures; or

(ii)          A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.

(b)          Duties

A Grade 5 employee co-ordinates the work of those within any area of responsibility, including on safety standards, quality standards, production standards and/or works without supervision on projects and product development.

(c)           Training and promotion

An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.


 

Schedule BSummary of Hourly Rates of Pay

[Varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR743450, PR762199, PR773979]

B.1                Full-time and part-time adult employees

B.1.1            Full-time and part-time employees other than shiftworkers—ordinary and penalty rates

[B.1.1 varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR743450 ppc 11Jul22, PR762199, PR773979 ppc 01Jul24]

 

Ordinary hours

Saturday—cellar door or vineyard (vintage only see clauses 13.6(a)(ii) and (b))

Sunday—cellar door

Public holiday

 

% of minimum hourly rate

 

100%

125%

200%

250%

 

$

$

$

$

Grade 1

23.79

29.74

47.58

59.48

Grade 2

24.76

30.95

49.52

61.90

Grade 3

25.75

32.19

51.50

64.38

Grade 4

27.17

33.96

54.34

67.93

Grade 51

28.87

36.09

72.18

1 Grade 5 rates do not apply to cellar door employees.

B.1.2            Full-time and part-time shiftworkers—ordinary and penalty rates

[B.1.2 varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

 

Ordinary hours

Afternoon shift1 and night shift2

Permanent night shift3

Saturday

Sunday

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Grade 1

23.79

27.36

30.93

35.69

47.58

59.48

Grade 2

24.76

28.47

32.19

37.14

49.52

61.90

Grade 3

25.75

29.61

33.48

38.63

51.50

64.38

Grade 4

27.17

31.25

35.32

40.76

54.34

67.93

Grade 5

28.87

33.20

37.53

43.31

57.74

72.18

1 Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

2 Night shift means any shift finishing after midnight and at or before 8.00 am.

3 Permanent night shift is night shift worked in accordance with clause 23.4(b)(ii).

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

[B.1.3 varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

 

Monday to Saturday

Sunday

Public holiday

 

First 2 hours

After 2 hours

 

% of minimum hourly rate

 

150%

200%

200%

250%

 

$

$

$

$

Grade 1

35.69

47.58

47.58

59.48

Grade 2

37.14

49.52

49.52

61.90

Grade 3

38.63

51.50

51.50

64.38

Grade 4

40.76

54.34

54.34

67.93

Grade 5

43.31

57.74

57.74

72.18

B.2                Casual adult employees

B.2.1            Casual employees other than shiftworkers—ordinary and penalty rates

[B.2.1 varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR743450 ppc 11Jul22, PR762199, PR773979 ppc 01Jul24]

 

Ordinary hours

Saturday—cellar door or vineyard (vintage only see clauses 13.6(a)(ii) and (b))

Sunday—cellar door

Public holiday

 

% of minimum hourly rate

 

125%

150%

225%

275%

 

$

$

$

$

Grade 1

29.74

35.69

53.53

65.42

Grade 2

30.95

37.14

55.71

68.09

Grade 3

32.19

38.63

57.94

70.81

Grade 4

33.96

40.76

61.13

74.72

Grade 51

36.09

43.31

79.39

1 Grade 5 rates do not apply to cellar door employees.

B.2.2            Casual shiftworkers—ordinary and penalty rates

[B.2.2 varied by PR718908; corrected by PR726040; varied by PR729349, PR740776, PR762199, PR773979 ppc 01Jul24]

 

Ordinary hours

Afternoon shift1 and night shift2

Permanent night shift3

Saturday

Sunday

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Grade 1

29.74

33.31

36.87

41.63

53.53

65.42

Grade 2

30.95

34.66

38.38

43.33

55.71

68.09

Grade 3