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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 PR733922, PR774818, PR777328]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

[Definition of casual employee inserted by PR733922 from 27Sep21; varied by PR777328 from 27Aug24]

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

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

centre means a venue or location at which operations in the fitness industry are conducted.

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 PR774818 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 PR774818 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).

fitness industry has the meaning given in clause 4.2.

minimum hourly rate means the minimum hourly rate prescribed in clause 15—Minimum rates.

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.

pool means swimming pool.

[Definition of small business employer inserted by PR774818 from 01Jul24]

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

standard rate means the minimum weekly rate for a Level 3 in clause 15.1—Minimum rates.

[Definition of workplace delegate inserted by PR774818 from 01Jul24]

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

3. The National Employment Standards and this award

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

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

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

4. Coverage

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

4.2 The fitness industry means the operation or provision of:

(a) fitness centres;

(b) fitness services or classes;

(c) group fitness organisations;

(d) weight loss/control centres;

(e) aquatic centres;

(f) aquatic services or classes;

(g) indoor sports centres;

(h) golf driving ranges;

(i) dance centres;

(j) martial arts centres;

(k) recreational camps;

(l) tennis clubs and centres;

(m) tennis coaching or classes; and

(n) gymnastic services, activities or classes.

4.3 This award does not cover employers or employees covered by the following awards:

(a) the Amusement, Events and Recreation Award 2020;

(b) the Children’s Services Award 2010;

(c) the Cleaning Services Award 2020;

(d) the Hospitality Industry (General) Award 2020;

(e) the Local Government Industry Award 2020;

(f) the Registered and Licensed Clubs Award 2020; or

(g) the Security Services Industry Award 2020.

4.4 This award does not cover an employee who is employed by the employer to provide administrative and other operational support outside of fitness centres, group fitness organisations, weight loss/control centres, aquatic centres, indoor sports centres, golf driving ranges, dance centres, martial arts centres, recreational camps, tennis clubs and centres.

4.5 This award covers any employer which supplies labour on an on-hire basis in the fitness 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 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for trainees engaged in the fitness industry and/or parts of that industry and those 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 4.6 operates subject to the exclusions from coverage in this award.

4.7 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.

4.8 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 normally performed by the employee and to the environment in which the employee normally performs the work.

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

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

6. Requests for flexible working arrangements

[6 substituted by PR763300 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 29—Dispute resolution and/or under section 65B of the Act.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

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

Clause	Provision	Agreement between an employer and:
13.6(a)	Rostered days off	The majority of employees
13.7	Make-up time	An individual
16.1	Payment of wages	The majority of employees
17.3(e)(v)	Sleepover allowance—duration	An individual
19.4	Time off instead of payment for overtime	An individual
21.4	Annual leave in advance	An individual
21.5	Cashing out of annual leave	An individual
26.2	Substitution of public holidays	An individual

Part 2—Types of Employment and Classifications

8. Classifications

8.1 The classification structure and definitions for this award are set out in Schedule A—Classification Definitions.

8.2 An employer must advise an employee in writing of their classification:

(a) on commencement of employment; and

(b) on any subsequent changes to their classification.

9. Types of employment

9.1 An employee may be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

10. Full-time employees

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

11. Part-time employees

[Varied by PR733922]

11.1 A part-time employee is an employee who:

(a) works less than the full-time hours of 38 hours per week;

(b) has reasonably predictable hours of work; and

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

11.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least:

(a) the hours worked each day;

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

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

11.3 Any agreed variation to the hours of work will be recorded in writing.

11.4 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on a shift or a minimum of 3 hours, exclusive of meal breaks, on a broken shift.

[11.5 deleted by PR733922 from 27Sep21]

[11.6 renumbered as 11.5 by PR733922 from 27Sep21]

11.5 All time worked in excess of the hours as agreed under clause 11.2 or varied under clause 11.3 will be overtime and paid for at the rates prescribed in clause 19—Overtime.

[11.7 renumbered as 11.6 by PR733922 from 27Sep21]

11.6 A part-time employee employed under the provisions of clause 11 must be paid for ordinary hours worked at the minimum hourly rate prescribed in clause 15—Minimum rates for the work performed.

12. Casual employees

[Varied by PR723899, PR733922, PR777328]

[12.1 deleted by PR733922 from 27Sep21]

12.1 Casual loading

[12.2 renumbered as 12.1 by PR733922 from 27Sep21]

(a) For each ordinary hour worked on Monday to Friday, a casual employee must be paid:

(i) the minimum hourly rate; and

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

for the work being performed.

(b) For each ordinary hour worked on Saturday, Sunday or a public holiday, a casual employee must be paid:

(i) the minimum hourly rate; and

(ii) a loading of 30% of the minimum hourly rate,

for the work being performed.

[New 12.3 inserted by PR723899 ppc 20Nov20; 12.3 renumbered as 12.2 by PR733922 from 27Sep21]

12.2 The casual loadings prescribed by clauses 12.1(a)(ii) and 12.1(b)(ii) will not be paid for overtime hours worked.

12.3 Minimum engagement

[12.3 renumbered as 12.4 by PR723899, 12.4 renumbered as 12.3 by PR733922 from 27Sep21]

(a) Subject to clause 12.3(b), a casual employee must be engaged for a minimum period of 3 hours’ work at the appropriate rate or be paid per engagement for a minimum of 3 hours’ work at the appropriate rate.

(b) A casual employee who is classified as a Level 2, 3, 3A, 4, 4A or 5 instructor, trainer or tennis coach or as a trainee undertaking practical work involvement may be engaged for a minimum period of one hour’s work at the appropriate rate or be paid per engagement for a minimum of one hour’s work at the appropriate rate.

12.4 Changes to casual employment status

[12.4 renumbered as 12.5 by PR723899; 12.5 renumbered as 12.4 and renamed and substituted by PR733922; renamed and substituted by PR777328 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 29—Dispute resolution.

Part 3—Hours of Work

13. Ordinary hours of work and rostering arrangements

[Varied PR723899]

13.1 Ordinary hours may be worked over any 5 days of the week, between the hours of:

(a) 5.00 am and 11.00 pm, Monday to Friday; and

(b) 6.00 am and 9.00 pm, Saturday and Sunday.

13.2 Ordinary hours of work must not exceed an average of 38 hours per week over a period of 4 weeks.

[13.3 varied by PR723899 ppc 20Nov20]

13.3 The ordinary hours of work for an employee must not exceed 10 hours on any one day.

13.4 An employee may be rostered to work a broken shift on any day provided that:

(a) the shift is not broken into more than 2 parts;

(b) the total length of the shift is not less than 3 hours, exclusive of meal breaks; and

(c) the span of hours from the start of the first part of the shift to the end of the second part of the shift is not more than 12 hours.

13.5 An employee must be notified by their employer of their rostered hours. At least 7 days’ notice must be given by the employer to an employee of any change in their rostered hours, except in the case of an emergency.

13.6 Rostered days off (RDO)

(a) The employer and the majority of employees at an enterprise may agree to establish a system of RDO.

(b) The terms of any agreement to introduce a system of RDO must be set out in the time and wages records.

(c) Following the introduction of a system of RDO:

(i) An employee may elect, with the consent of the employer, to:

· take a RDO at any time;

· take RDOs in part day amounts; and/or

· accrue some or all RDOs for the purpose of creating a bank to be drawn on by the employee at a time mutually agreed between the employer and the employee.

(ii) An employer must record RDO arrangements in the time and wages record.

13.7 Make-up time

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

13A. Employee right to disconnect

[13A inserted by PR778067 from 26Aug24]

13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

13A.2 Clause 13A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

13A.4 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of an emergency roster change under clause 13.5.

14. Breaks

14.1 Unpaid meal break

(a) An employee must be given an unpaid meal break of between 30 minutes and 60 minutes no later than 5 hours after commencing work and 5 hours after the resumption of work from a previous meal break.

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

14.2 Paid rest break

(a) An employee must be allowed a paid 10 minute rest break between:

(i) their time of commencing work and their meal break; and

(ii) their meal break and their time of ceasing work for the day.

(b) A casual employee who works 3 hours or less per shift is not entitled to a paid rest break.

Part 4—Wages and Allowances

15. Minimum rates

[Varied by PR718912, PR726419; corrected by PR726041; varied by PR730832, PR729354, PR731022, PR740780, PR762203, PR767901, PR773983]

[15.1 varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

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

Employee classification level	Minimum weekly rate (full-time employee)	Minimum hourly rate
	$	$
Level 1	891.50	23.46
Level 2	915.90	24.10
Level 3	980.40	25.80
Level 3A	1032.30	27.17
Level 4	1074.70	28.28
Level 4A	1126.30	29.64
Level 5	1187.20	31.24
Level 6	1176.90	30.97
Level 7	1222.80	32.18

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 Junior rates

[15.2 varied by PR767901 ppc 31Dec23]

The minimum rates for a junior employee are the following percentages of the adult minimum rate for the classification appropriate to the work performed:

Age	%
Under 17 years of age	55
17 years of age	65
18 years of age	75
19 years of age	85
20 years of age	100

15.3 Higher duties

An employee appointed by the employer to perform the work of a classification higher than the employee’s usual classification must be paid at least the rate applicable to the higher classification for the hours worked at the higher level.

15.4 Supported wage system

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

15.5 National training wage

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

[15.5(b) varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 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 Fitness Industry Award 2020 and not the Miscellaneous Award 2020.

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

16. Payment of wages

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

16.1 Frequency of payment

Wages must be paid weekly or fortnightly or, by agreement between the employer and the majority of employees, monthly.

16.2 Method of payment

Wages must be paid by:

(a) cash;

(b) cheque; or

(c) electronic funds transfer into the bank or financial institution account nominated by the employee,

as determined by the employer.

16.3 Day off coinciding with payday

(a) Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with payday, the employee must be paid no later than the working day immediately following payday.

(b) If the employer is able to make suitable arrangements, wages may be paid on the working day preceding payday.

16.4 Absences from duty under an averaging system

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

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

(b) The employee incurs a debit for each day of absence from duty other than when the employee is on paid leave, workers compensation or jury service.

(c) An employee absent for part of a day (other than when the employee is on paid leave, workers compensation or jury service) incurs a proportion of the debit for the day, based on the proportion of the working day that the employee was in attendance.

16.5 Payment on termination of employment

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

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

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

(b) The requirement to pay wages and other amounts under clause 16.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

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

NOTE 2: Clause 16.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.5. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

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

17. Allowances

[Varied by PR718912, PR719064; corrected by PR726041; varied by PR729354, PR729537, PR740780, PR740943, PR762203, PR762370, PR773983, PR774152]

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

NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment. Employees engaged under clause 11—Part-time employees shall be paid all allowances on a pro rata, hourly, basis. Employees engaged other than on a full-time basis under clause 10—Full-time employees shall be paid pro rata the wage-related allowances detailed in clause 17.2(a).

17.2 Wage-related allowances

(a) Leading hands and supervisors

[17.2(a) varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

An employee at classification Level 4A or below in charge of the following number of employees must be paid:

Number of employees	$ per week
1 to 5	29.41
6 to 10	40.20
More than 10	53.92

(b) Broken shift allowance

[17.2(b) varied by PR718912, PR719064; corrected by PR726041; varied by PR729354, PR729537, PR740780, PR740943, PR762203, PR762370, PR773983 ppc 01Jul24, PR774152 ppc 01Jul24]

An employee working a rostered broken shift must be paid per day $16.67 extra and for excess fares an expense-related allowance of $2.15 per day.

[17.2(c) varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

An employee who is rostered by an employer to be on first aid duty at a particular time must be paid $3.14 extra per day.

17.3 Expense-related allowances

(a) Meal allowance

[17.3(a) varied by PR719064, PR729537, PR740943, PR762370, PR774152 ppc 01Jul24]

An employee required to work overtime for more than one and a half hours immediately after their ordinary hours of work must be paid a meal allowance of $14.59 unless the employer provides a meal.

(b) Vehicle allowance

[17.3(b)(i) varied by PR729537, PR740943, PR762370, PR774152 ppc 01Jul24]

(i) An employee who, by agreement with their employer, uses their own motor vehicle in the performance of duties must be paid $0.98 per kilometre travelled.

[17.3(b)(ii) varied by PR729537, PR740943, PR762370, PR774152 ppc 01Jul24]

(ii) An employee who, by agreement with their employer, uses their own motorcycle in the performance of duties must be paid $0.32 per kilometre travelled.

(i) An employee who is required to wear specific clothing as part of their employment must be reimbursed for the reasonable cost of:

· purchasing the clothing; and

· laundering or dry cleaning the clothing,

unless the clothing is provided by the employer without cost to the employee or is cleaned by the employer.

(ii) Where the clothing is provided by the employer it will remain the property of the employer.

(d) Travelling time and fares

(i) An employee who is required by the employer to travel from one place of work to another must be reimbursed by the employer all fares necessarily incurred by the employee.

(ii) All time occupied in such travel is deemed to be working time and the employee must be paid at the appropriate rate.

(e) Sleepover allowance

(i) Sleepover means a continuous period of 8 hours during which an employee is required to sleep at the workplace and be available to deal with any urgent situation which cannot be dealt with by another employee or be dealt with after the end of the sleepover period.

(ii) The employer must take all reasonable steps to enable the employee to sleep at the workplace including the provision of a bed with privacy. Access to a bathroom, toilet and a meal room must also be provided free of charge to the employee.

(iii) An employee will only sleep over if:

· there is agreement between the employee and the employer with at least one week’s notice in advance, except in the case of an emergency; and

· the sleepover consists of 8 continuous hours.

(iv) The sleepover allowance is equivalent to 3 hours’ payment at the employee’s ordinary rate of pay. Such payment is compensation for the sleepover and for all necessary work of up to 2 hours’ duration during the sleepover period. Any necessary work in excess of 2 hours during the sleepover period must be compensated at overtime rates in addition to the sleepover allowance.

(v) An employee on a sleepover must not be required to work more than 8 hours before, and/or more than 8 hours after, a sleepover, unless provision has been made at a workplace to work longer hours for the purpose of providing more continuous leisure time within the roster and this arrangement has the genuine agreement of the employees affected and does not adversely affect the health and safety of the employee(s) involved.

18. Superannuation

[Varied by PR736660, PR771369]

18.1 Superannuation legislation

[18.1 substituted by PR771369 ppc 09Apr24]

(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

18.2 Employer contributions

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

18.3 Voluntary employee contributions

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

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

(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.

18.4 Superannuation fund

[18.4 varied by PR771369 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) AustralianSuper; or

(b) CareSuper; or

(c) First State Super; or

(d) Nationwide Superannuation Fund; or

(e) Sunsuper; or

(f) Club Super; or

[18.4(g) varied by PR736660 ppc 10Dec21]

(g) Hostplus; or

(h) AMP Superannuation Savings Trust; or

(i) HESTA Super Fund; or

(j) Statewide Superannuation Trust; or

(k) Tasplan; or

(l) HOSTPLUS Superannuation Fund; or

(m) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees immediately 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

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

18.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or 18.3(b):

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

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

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

(ii) the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates

19. Overtime

[Varied by PR723899, PR763300]

19.1 Definition of overtime

(a) Overtime is all time worked by an employee:

(i) outside the spread of hours prescribed in clause 13.1; or

(ii) in excess of an average of 38 hours per week over a period of 4 weeks; or

(iii) in excess of 10 hours on any day.

(b) For part-time employees, all time worked in excess of the hours as agreed under clause 11.2 or varied under clause 11.3 will be overtime.

19.2 Overtime rates

Where an employee works overtime the employer must pay the employee overtime rates as follows:

(a) Monday to Saturday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours; and

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

(c) Public holiday—payment for working on a public holiday is dealt with in clause 26—Public holidays.

[Note inserted by PR723899 ppc 20Nov20]

NOTE: The casual loadings prescribed by clauses 12.1(a)(ii) and 12.1(b)(ii) will not be paid for overtime hours worked.

19.3 Break between shifts

(a) Subject to clause 19.3(b), an employee is entitled to a minimum 10 hour break between shifts. An employee required by the employer to resume work without having a break of at least 10 consecutive hours between shifts (including overtime worked on either shift), must be paid at the rate of 200% of the minimum hourly rate for all time worked until they have had a break from work of at least 10 hours.

(b) An employee is not entitled to be paid at the rate of 200% in accordance with clause 19.3(a) if they have worked 3 consecutive hours or less prior to the commencement of a break between shifts.

19.4 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 19.4.

(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 19.4(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 19.4 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.4 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 19.4 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 19.4 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 19.4(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 19.4 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 19.4 will apply, including the requirement for separate written agreements under clause 19.4(b) for overtime that has been worked.

[Note varied by PR763300 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 19.4 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 19.4.

20. Penalty rates

20.1 Payment for working Saturdays and Sundays

A full-time or part-time employee must be paid at the following rates for all ordinary hours worked:

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

(b) Sunday—150% of the minimum hourly rate.

20.2 Payment for working on a public holiday is dealt with in clause 26—Public holidays.

20.3 Payment for casual employees working on a Saturday, Sunday or public holiday is in accordance with clause 12.1(b).

Part 6—Leave and Public Holidays

21. Annual leave

[Varied by PR751100]

21.1 Annual leave is provided for in the NES.

21.2 During a period of annual leave an employee must also be paid an annual leave loading of 17.5% of their minimum rate of pay.

21.3 Direction to take annual leave during shutdown

[21.3 renamed and substituted by PR751100 ppc 01May23]

(a) Clause 21.3 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 the employees concerned or a majority of them (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 one month’s written notice of a temporary shutdown period, or any shorter period agreed the employer and the majority of relevant employees.

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 21.3(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

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

(e) A direction by the employer under clause 21.3(d):

(i) must be in writing; and

(ii) must be reasonable.

(f) The employee must take paid annual leave in accordance with a direction under clause 21.3(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 21.3(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 21.4.

(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 21.4, to which an entitlement has not been accrued, is to be taken into account.

(j) Clauses 21.6 to 21.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 21.3.

21.4 Annual leave in advance

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

(b) An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 21.4 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 21.4 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 21.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

21.5 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.5.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.5.

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

(d) An agreement under clause 21.5 must state:

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

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

(e) An agreement under clause 21.5 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 21.5 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.5.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.5.

NOTE 3: An example of the type of agreement required by clause 21.5 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

21.6 Excessive leave accruals: general provision

NOTE: Clauses 21.6 to 21.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2–2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.

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

(c) Clause 21.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 21.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 21.7(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account; and

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

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

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

(c) The employee must take paid annual leave in accordance with a direction under clause 21.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 21.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 21.7(d) may result in the direction ceasing to have effect. See clause 21.7(b)(i).

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

21.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 21.8(a) if:

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

(ii) the employee has not been given a direction under clause 21.7(a) that, when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 21.8(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 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account; or

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

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

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

(d) An employee is not entitled to request by a notice under clause 21.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 21.8(a).

22. Personal/carer’s leave and compassionate leave

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

23. Parental leave and related entitlements

[New 23 inserted by PR763300 ppc 01Aug23]

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

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 29—Dispute resolution and/or under section 76B of the Act.

24. Community service leave

[23 renumbered as 24 by PR763300 ppc 01Aug23]

Community service leave is provided for in the NES.

25. Family and domestic violence leave

[24—Unpaid family and domestic violence leave renamed and substituted by PR750468 ppc 15Mar23; renumbered as 25 by PR763300 ppc 01Aug23]

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

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

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

26. Public holidays

[Varied by PR747414; 25 renumbered 26 as by PR763300 ppc 01Aug23]

26.1 Public holiday entitlements are provided for in the NES.

[25.2 varied by PR747414 ppc 14Nov22]

26.2 An employer and an employee may by agreement substitute another day or part-day for a public holiday.

26.3 Payment for working on a public holiday

(a) A full-time or part-time employee must be paid at the rate of 250% of the minimum hourly rate for all hours worked on a public holiday. An employee required to work on a public holiday must be engaged or be paid for at least 4 hours’ work.

[New 25.3(b) inserted by PR747414 ppc 14Nov22]

(b) 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 26.3(a).

[25.3(b) renumbered as 25.3(c) by PR747414 ppc 14Nov22]

(c) Payment for a casual employee working on a public holiday is in accordance with clause 12.1(b).

[25.4 deleted by PR747414 ppc 14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774818 from 01Jul24]

26A. Workplace delegates’ rights

[26A inserted by PR774818 from 01Jul24]

26A.1 Clause 26A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 26A.

26A.2 In clause 26A:

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

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

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

26A.3 Before exercising entitlements under clause 26A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

26A.5 Right of representation

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

(a) consultation about major workplace change;

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

(c) resolution of disputes;

(d) disciplinary processes;

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

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

26A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

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

26A.7 Entitlement to reasonable access to the workplace and workplace facilities

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

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

(ii) a physical or electronic noticeboard;

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

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

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

(b) The employer is not required to provide access to or use of a workplace facility under clause 26A.7(a) if:

(i) the workplace does not have the facility;

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

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

26A.8 Entitlement to reasonable access to training

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

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

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

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

(ii) regular casual employees.

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

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

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

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

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

26A.9 Exercise of entitlements under clause 26A

(a) A workplace delegate’s entitlements under clause 26A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

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

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

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

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

(b) Clause 26A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c) Clause 26A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

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

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

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

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 26A.

27. Consultation about major workplace change

[26 renumbered as 27 by PR763300 ppc 01Aug23]

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

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

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

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

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

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

27.2 For the purposes of the discussion under clause 27.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 27.1(b).

27.5 In clause 27 significant effects, on employees, includes any of the following:

(a) termination of employment; or

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

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

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

(e) alteration of hours of work; or

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

(g) job restructuring.

27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.

28. Consultation about changes to rosters or hours of work

[27 renumbered as 28 by PR763300 ppc 01Aug23]

28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

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

(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

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

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

29. Dispute resolution

[28 renumbered as 29 and varied by PR763300 ppc 01Aug23; varied by PR777328, PR778067]

29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.

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

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

29.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 29.

29.8 While procedures are being followed under clause 29 in relation to a dispute:

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

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

29.9 Clause 29.8 is subject to any applicable work health and safety legislation.

[Note 1 and Note 2 inserted by PR763300; deleted by PR778067 from 26Aug24]

[Note inserted by PR778067 from 26Aug24; varied by PR777328 from 27Aug24]

NOTE: In addition to clause 29, the Act contains dispute resolution procedures as follows:

For a dispute about rights under the Act to	Section
Request flexible working arrangements	65B
Change casual employment status	66M
Request an extension to unpaid parental leave	76B
Exercise an employee’s right to disconnect	333N

Part 8—Termination of Employment and Redundancy

30. Termination of employment

[29 renumbered as 30 by PR763300 ppc 01Aug23]

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

30.1 Notice of termination by an employee

(a) Clause 30.1 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 30.1(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 30.1(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 30.1(b), then no deduction can be made under clause 30.1(d).

(f) Any deduction made under clause 30.1(d) must not be unreasonable in the circumstances.

30.2 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 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.

31. Redundancy

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

31.1 Transfer to lower paid duties on redundancy

(a) Clause 31.1 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 31.1(c).

(c) If the employer acts as mentioned in clause 31.1(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 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 and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

31.2 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 31 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.

31.3 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 31.3(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 31.3(b).

(d) An employee who fails to produce proof when required under clause 31.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 30.2.

Schedule A—Classification Definitions

[Varied by PR743451]

A.1 Level 1

A.1.1 An employee at this level works under direct supervision with specific instructions and procedures and after appropriate in-house training. Duties may include any or all of the following:

(a) general counter duties including reception, taking bookings, members and membership enquiries, sale of products, activities organising and customer liaison;

(b) general tidying/cleaning of immediate work area;

(c) undertaking structured training/learning in the following areas:

(i) clerical assistant duties including switchboard operation, reception, information services, taking bookings;

(ii) providing general assistance to employees of a higher grade, not including cooking or direct service to customers;

(iii) cleaning, tidying and setting up of kitchen, food preparation and customer service areas, including cleaning of equipment, crockery and general utensils;

(iv) assembly and preparation of ingredients for cooking;

(v) handling pantry items and linen;

(vi) setting and/or wiping down tables, removing food plates, emptying ashtrays and picking up glasses;

(vii) general cleaning, gardening and labouring tasks;

(viii) door duties, attending a cloakroom or car park not involving the handling of cash;

(ix) providing general assistance to tennis coaches in the delivery of tennis coaching or classes; and

(x) swimming and water safety teaching. To avoid doubt, an employee is classified at Level 2 or above if their duties include being responsible for the provision of any part of swimming and water safety teaching without being directly supervised as part of structured training/learning.

A.2 Level 2

A.2.1 An employee at this level has:

(a) completed 456 hours training at Level 1 so as to enable the employee to perform work within the scope of this level;

(b) a swim and water safety teacher or coach qualification;

(c) duties which include being responsible for the provision of any part of swimming and water safety teaching without being directly supervised as part of structured training/learning; or

(d) holds a Gymnastics Australia Coach Accreditation.

A.2.2 An employee at this level:

(a) performs work above and beyond the skills of an employee at Level 1 and to the level of their training; and

(b) works from instructions or procedures and under direct supervision either individually or in a team environment, and is primarily engaged in one or more of the following duties:

(i) assisting with classes and directing activities in a centre;

(ii) attending to equipment and displays, e.g. pool attendant, pool plant operating, including basic pool plant duties (e.g. water quality testing) unless this work is performed by an employee at a higher classification level;

(iii) providing customer advice, sales and services;

(iv) operating a switchboard and/or telephone paging system;

(v) clerical duties, involving intermediate keyboard skills with instructions;

(vi) program/ticket selling and general sales involving receipt of monies and giving change, including operation of cash registers, use of electronic swipe input devices;

(vii) laundry and/or cleaning duties involving the use of cleaning equipment and/or chemicals;

(viii) maintaining general presentation of grounds;

(ix) door duties, attending a cloak room or car park;

(x) serving from a snack bar, buffet or meal counter;

(xi) supplying, dispensing or mixing of liquor, including cleaning of bar area and equipment, preparing the bar for service, taking orders and serving drinks;

(xii) non-cook duties in a kitchen;

(xiii) beginner swimming and water safety teacher, being a person who provides any part of swimming and water safety teaching without being directly supervised as part of structured training/learning or the holder of any current qualification with the following competencies:

· SISCAQU002 Perform basic water rescues

· SISCAQU008 Instruct water familiarisation, buoyancy and mobility skills

· SISCAQU009 Instruct water safety and survival skills

· SISCAQU010 Instruct swimming strokes

These competencies reflect the Australian Skills Quality Authority’s (ASQA) approved skill set for a Swimming and Water Safety Teacher. Any amendments to these competencies made by ASQA will apply for the purposes of interpreting this award.

(xiv) a coach of beginner swimmers (including mini and junior squads), being a holder of a current recognised “Junior Coach and Assistant Coach” swimming coaching qualification or equivalent;

(xv) coaching beginner tennis or providing general assistance to tennis coaches in the delivery of tennis coaching or classes, having completed an introductory coaching course or equivalent; or

(xvi) coaching gymnastics, being a holder of a current Gymnastics Australia Coach Accreditation or equivalent.

A.3 Level 3

A.3.1 An employee at this level works under general supervision which requires operation within defined areas of responsibility with adherence to established guidelines and procedures and who is employed to carry out work associated with the centre’s operations or holds a Gymnastics Australia Coach Accreditation.

A.3.2 An employee at this level is able to fulfil a role at Level 1 and 2 where relevant and supervises Level 1 and 2 employees where requested.

A.3.3 An employee at this level may also be:

(a) a swimming and water safety teacher being a holder of any current qualification with the relevant Industry Competencies, who has:

(i) performed 12 hours per year of recognised workshops and 250 hours of paid swimming and safety teaching under this award and who holds a second recognised instructing qualification; or

(ii) delivered 350 hours of paid swimming and water safety teaching under this award; or

(b) a coach of beginner swimmers (including mini and junior squads), being a holder of current recognised “Bronze Licence for Coaching” swimming coaching qualification or equivalent; or

(c) a pool lifeguard who has been appointed to the position of pool lifeguard by the employer and has completed a nationally-recognised Lifeguarding qualification; or

(d) a holder of a current Gymnastics Australia Coach Accreditation or equivalent who has participated in 12 hours per year of recognised professional development and performed 1500 hours of coaching.

A.3.4 Any dispute concerning an employee’s entitlement to be paid at Level 3 as a swimming teacher or swimming coach may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge required at this level.

A.4 Level 3A

A.4.1 An employee at this level performs the duties of a Level 3 and who:

(a) holds a:

(i) Fitness Industry or Sport Coaching (specialising in tennis) AQF Certificate Level III qualification relevant to the classification in which they are employed or equivalent; or

(ii) in respect to gymnastics coaches, holds a current Gymnastics Coach Accreditation and Sport Coaching AQF Certificate Level III; and

(b) utilises the skills and knowledge derived from the Sport Coaching (specialising in tennis) or relevant AQF Certificate Level III competencies relevant to the work undertaken at this level.

A.4.2 Any dispute concerning an employee’s entitlement to be paid at Level 3A may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from the Fitness Industry Certificate III competencies, and that these are relevant to the work the employee is doing.

A.5 Level 4

A.5.1 An employee at this level works under limited supervision and guidance and is required to exercise initiative and judgment in the performance of their duties and who is employed to carry out work associated with the centre’s operations or holds a Gymnastics Australia Coach Accreditation.

A.5.2 An employee at this level receives broad instructions and their work is checked intermittently.

A.5.3 An employee at this level may also be:

(a) a swimming and water safety teacher, being a holder of any current qualification with the Industry Competencies:

(i) performed 12 hours per year of recognised workshops and 500 hours of paid swimming and water safety teaching under this award and who holds a third recognised teaching qualification, or

(ii) delivered 700 hours of paid swimming and water safety teaching under this award, or

(b) a coach of beginner swimmers (including mini and junior squads), being a holder of a current recognised “Bronze Licence for Coaching” swimming coaching qualification or equivalent, who has:

(i) performed 12 hours per year of recognised workshops and 500 hours of coaching beginners and attended a recognised seminar/conference within the past 12 months; or

(ii) delivered 700 hours of coaching to beginner swimmers.

(c) a senior pool lifeguard, being a holder of industry-recognised pool lifeguard qualifications as detailed in clause A.3.3(c) and who has been appointed by the employer to lead a team comprised of qualified pool lifeguards, and/or persons undertaking a nationally-recognised course of lifeguarding to become pool lifeguards; or

(d) a gymnastics coach being the holder of a current Gymnastics Australia Coach Accreditation, who has participated in 12 hours per year of recognised professional development and 3,000 hours of coaching gymnastics.

A.5.4 Any dispute concerning an employee’s entitlement to be paid at Level 4 as a swimming teacher or swimming coach may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge required at this level.

A.6 Level 4A

A.6.1 An employee at this level performs the duties of a Level 4:

(a) holds a:

[A.6.1(a)(i) varied by PR743451 ppc 11Jul22]

(i) Fitness Industry or Sport Coaching (specialising in tennis) AQF Certificate Level IV qualification relevant to the classification in which they are employed or equivalent; or

(ii) in respect of gymnastics coaches, holds a current Gymnastics Australia Coach Accreditation and Sport Coaching AQF Certificate Level IV; and

[A.6.1(b) varied by PR743451 ppc 11Jul22]

(b) utilises the skills and knowledge derived from the Sport Coaching (specialising in tennis) or relevant AQF Certificate Level IV competencies relevant to the work undertaken at this level;

(c) is employed to carry out work associated with the classification of tennis centre Club Professional.

A.6.2 Any dispute concerning an employee’s entitlement to be paid at Level 4A may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from the AQF Certificate Level IV competencies, and that these are relevant to the work the employee is doing.

A.7 Level 5

A.7.1 An employee at this level:

(a) holds a Fitness Industry or Management (specialising in tennis) or Sport Coaching AQF Diploma level or equivalent;

(b) utilises the skills and knowledge derived from the Fitness Industry or Management (specialising in tennis) or Sporting Coaching AQF Diploma level relevant to the work undertaken at this level;

(c) is employed to carry out work associated with the classification of Fitness Trainer, Fitness Specialist, tennis centre Master Club Professional or tennis centre High Performance Coach; and

(d) has demonstrated an ability to train or develop programs for special groups.

A.7.2 An employee at this level exercises high levels of initiative and judgment with broad instruction in the performance of their duties. An employee at this level would be able to supervise Level 4 employees where requested.

A.8 Level 6

A.8.1 An employee at this level has duties which include but are not limited to:

(a) supervision of front desk, including customer liaison and rostering of front office staff;

(b) supervision, training and co-ordination (including rostering) of employees within their respective work area to ensure delivery of service;

(c) those of a trade qualified person in a single trade stream and the giving of trade directions to Level 1 to 5 employees;

(d) supervision of floor staff; or

(e) overseeing the day to day activities and operations of the business.

A.9 Level 7

A.9.1 An employee at this level is engaged in supervising, training and coordinating employees, is responsible for the maintenance of service and operational standards and exercises substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business.

A.9.2 An employee at this level has:

(a) worked or studied in a relevant field and/or has specialist knowledge, qualifications and experience;

(b) formal trade or technical qualifications relevant to the employer in more than one trade or technical field, which are required by the employer to perform the job; or

(c) specialist post-trade qualifications which are required by the employer to perform the job and organisation or industry specific knowledge sufficient for them to give advice and/or guidance to their organisation and/or clients in relation to specific areas of their responsibility.

A.9.3 Indicative duties at this level are:

(a) general supervision of catering or retail functions;

(b) centre administration involving supervision of staff and systems and co‑ordinating events; or

(c) development of in-house training programs for instructors and co-ordinators.

A.10 Employees classified under the provisions of this classification structure will hold, at all times, the relevant accreditations required by both this award’s classification descriptors and state and territory legislation permitting work with children (e.g. Child Protection Police Checks). In the event of any employee losing, having suspended, or being refused such accreditation, they will advise their employer(s) within 14 days of such loss, refusal or suspension.

A.11 Any dispute concerning the correct classification for a swimming and water safety teacher or swimming coach will be referred to the Fair Work Commission for determination.

Schedule B—Summary of Hourly Rates of Pay

[Varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983]

B.1 Full-time and part-time employees

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

[B.1.1 varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

	Ordinary hours	Saturday	Sunday	Public holiday
	% of minimum hourly rate
	100%	125%	150%	250%
	$	$	$	$
Level 1	23.46	29.33	35.19	58.65
Level 2	24.10	30.13	36.15	60.25
Level 3	25.80	32.25	38.70	64.50
Level 3A	27.17	33.96	40.76	67.93
Level 4	28.28	35.35	42.42	70.70
Level 4A	29.64	37.05	44.46	74.10
Level 5	31.24	39.05	46.86	78.10
Level 6	30.97	38.71	46.46	77.43
Level 7	32.18	40.23	48.27	80.45

B.1.2 Full-time and part-time employees—overtime rates

[B.1.2 varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

	Monday to Saturday		Sunday	Public holiday
	First 2 hours	After 2 hours
	% of minimum hourly rate
	150%	200%	200%	250%
	$	$	$	$
Level 1	35.19	46.92	46.92	58.65
Level 2	36.15	48.20	48.20	60.25
Level 3	38.70	51.60	51.60	64.50
Level 3A	40.76	54.34	54.34	67.93
Level 4	42.42	56.56	56.56	70.70
Level 4A	44.46	59.28	59.28	74.10
Level 5	46.86	62.48	62.48	78.10
Level 6	46.46	61.94	61.94	77.43
Level 7	48.27	64.36	64.36	80.45

B.2 Casual employees—ordinary, overtime and penalty rates

[B.2 varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

	Ordinary hours	Saturday, Sunday & public holidays
	Ordinary hours	Saturday, Sunday & public holidays
	% of minimum hourly rate
	125%	130%
	$	$
Level 1	29.33	30.50
Level 2	30.13	31.33
Level 3	32.25	33.54
Level 3A	33.96	35.32
Level 4	35.35	36.76
Level 4A	37.05	38.53
Level 5	39.05	40.61
Level 6	38.71	40.26
Level 7	40.23	41.83

Schedule C—Summary of Monetary Allowances

[Varied by PR718912, PR719064; corrected by PR726041; varied by PR729354, PR729537, PR740780, PR740943, PR750848, PR762203, PR762370, PR773983, PR774152]

See clause 17—Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances

[C.1.1 varied by PR718912; corrected by PR726041; varied by PR729354, PR740780, PR762203, PR773983 ppc 01Jul24]

C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Level 3 employee in clause 15—Minimum rates = $980.40.

Allowance	Clause	% of standard rate	$	Payable
Leading hands and supervisors, in charge of 1 to 5 employees—Full-time	17.2(a)	3.0	29.41	per week
Leading hands and supervisors, in charge of 1 to 5 employees—Other than full-time	17.2(a)	Weekly allowance/38	0.77	per hour
Leading hands and supervisors, in charge of 6 to 10 employees—Full-time	17.2(a)	4.1	40.20	per week
Leading hands and supervisors, in charge of 6 to 10 employees—Other than full-time	17.2(a)	Weekly allowance/38	1.06	per hour
Leading hands and supervisors, in charge of more than 10 employees—Full-time	17.2(a)	5.5	53.92	per week
Leading hands and supervisors, in charge of more than 10 employees—Other than full-time	17.2(a)	Weekly allowance/38	1.42	per hour
Broken shift allowance	17.2(b)	1.7	16.67	per day
First aid allowance	17.2(c)	0.32	3.14	per day

C.1.2 Automatic adjustment of wage-related allowances

[C.1.2 renamed and substituted by PR750848 ppc 15Mar23]

The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

C.2 Expense-related allowances

[C.2.1 varied by PR719064, PR729537, PR740943, PR762370, PR774152 ppc 01Jul24]

C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.3:

Allowance	Clause	$	Payable
Broken shift allowance—excess fares	17.2(b)	2.15	per day
Meal allowance—overtime for more than one and a half hours	17.3(a)	14.59	per occasion
Vehicle allowance—Own motor vehicle	17.3(b)(i)	0.98	per km
Vehicle allowance—Own motorcycle	17.3(b)(ii)	0.32	per km

C.2.2 Adjustment of expense-related allowances

(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Vehicle allowance	Private motoring sub-group
Fares allowance	Urban transport fares sub-group

Schedule D—Supported Wage System

[Varied by PR729672, PR742256, PR762969, PR774051]

D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

D.2 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.

supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.

SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.

D.3 Eligibility criteria

D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

D.4 Supported wage rates

D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[D.4.2 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

D.4.2 Provided that the minimum amount payable must be not less than $106 per week.

D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

D.5 Assessment of capacity

D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.

D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

D.6 Lodgement of SWS wage assessment agreement

D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.

D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

D.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

D.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

D.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period

D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[D.10.3 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.

D.10.4 Work trials should include induction or training as appropriate to the job being trialled.

D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—Agreement for Time Off Instead of Payment for Overtime

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Take Annual Leave in Advance

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

[Schedule H—Part-day Public Holidays deleted by PR747414 ppc 14Nov22]

[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR728080, PR736911; deleted by PR746868 ppc 17Oct22]

Details

Title: Fitness Industry Award 2020
Code: MA000094

Effective:

Updated:

Instrument Type: Modern Award

Versions

FWC Award

MA000094

Variations

Summaries

Disclaimer

Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.

Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

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MA000094

Fitness Industry Award 2020

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