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Ambulance and Patient Transport Industry Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777332 and PR778071).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR718141, PR747418, PR748510, PR750420, PR774825, PR778071]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
13A. Employee right to disconnect
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
23. Personal/carer’s leave and compassionate leave
24. Parental leave and related entitlements
26. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
27A. Workplace delegates’ rights
28. Consultation about major workplace change
29. Consultation about changes to rosters or hours of work
Part 8— Termination of employment and Redundancy
Schedule A —Classification Definitions
Schedule B —Summary of Hourly Rates of Pay—Clerical and Administrative Support Classifications
Schedule C —Summary of Monetary Allowances
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Ambulance and Patient Transport Industry Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733869, PR774825, PR777332]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
ADO means an accrued day off.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings or payment while they are on annual leave (see clause 18.2(a)).
ambulance and patient transport industry has the meaning given in clause 4.2.
[Definition of casual employee inserted by PR733869 from 27Sep21; varied by PR777332 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.
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 PR774825 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 PR774825 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
operational employee is an employee engaged in a classification provided for in clause A.1—Operational Classifications.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 16—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
RDO means a rostered day off.
[Definition of small business employer inserted by PR774825 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly wage for an Ambulance Officer—Year 3 in clause 16.1(a)(iii)—Minimum rates.
State reference public sector modern award has the meaning in the Act.
[Definition of workplace delegate inserted by PR774825 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743454]
4.1 This industry award covers any employers throughout Australia in the ambulance and patient transport industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award.
4.3 This award does not cover an employer bound by any of the following awards:
(a) Aged Care Award 2010;
[4.3(b) varied by PR743454 ppc 11Jul22]
(b) Health Professionals and Support Services Award 2020;
(c) Medical Practitioners Award 2020;
[4.3(d) varied by PR743454 ppc 11Jul22]
(d) Nurses Award 2020; or
(e) Social, Community, Home Care and Disability Services Industry Award 2010.
4.4 This award covers any employer which supplies labour on an on-hire basis in the ambulance and patient transport 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763305 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 30—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.1(d) |
Ordinary hours of work and roster cycles |
|
|
15.2(a) |
Paid crib time |
An individual |
|
16.4(c) |
Relieving duties |
An individual or a majority of employees |
|
20.5 |
Time off instead of payment for overtime |
An individual |
|
22.11 |
Annual leave in advance |
An individual |
|
22.12 |
Cashing out of annual leave |
An individual |
|
27.3 |
Substitution of public holidays |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
A full-time employee is an ongoing employee engaged to work an average of 38 ordinary hours per week.
(a) is engaged to work less than 38 ordinary hours per week or less than an average of 38 hours per week over a roster cycle;
(b) has a regular pattern of work specifying the hours and days of the week to be worked;
(c) has specified daily commencement and finishing times; and
(d) receives remuneration, leave and other paid entitlements, on a pro rata basis to a full-time employee employed for 38 hours per week for that classification, according to the number of hours worked.
10.2 At the time of engagement, the employer and the part-time employee will agree in writing on the hours to be worked each day, the days to be worked and the actual starting and finishing times each day.
10.3 Any agreed variation to the regular pattern of work will be recorded in writing.
10.4 The minimum shift length for a part-time employee will be 4 consecutive hours.
10.5 All time worked in excess of the hours specified in accordance with clauses 10.2 or 10.3 will be overtime and paid in accordance with clause 20—Overtime of this award.
10.6 The provisions of clause 27—Public holidays will apply to part-time employees.
[Varied by PR723849, PR733869, PR777332]
[11.1 deleted by PR733869 from 27Sep21]
[11.2 renumbered as 11.1 by PR733869 from 27Sep21]
11.1 On each occasion a casual employee is required to attend work the employee will be paid for a minimum of 3 hours’ work, except by agreement between the employer and the employee.
[11.3 substituted by PR723849 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733869 from 27Sep21]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate for the classification in which they are employed; and
· 25% of the ordinary hourly rate for all work on weekdays;
· 75% of the ordinary hourly rate for all work on Saturdays and Sundays; and
· 100% of the ordinary hourly rate for all work on public holidays.
(b) The casual loadings prescribed by clause 11.2(a)(ii) are paid instead of any weekend or public holiday rate that would otherwise apply.
(c) The casual loadings prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.
[11.4 renumbered as 11.3 by PR733869 from 27Sep21]
11.3 Casual employees are not entitled to accrued days off (ADOs), paid personal leave/carer’s leave and compassionate leave, parental leave (except for an eligible casual), annual leave, public holidays, notice of termination or redundancy pay.
[New 11.5 inserted by PR723849 ppc 20Nov20; 11.5 renumbered as 11.4 by PR733869 from 27Sep21]
11.4 The overtime rates prescribed by clause 20.1 will be paid to a casual employee in the following circumstances:
(a) for work performed in excess of rostered hours per shift; and
(b) for work performed in excess of 38 hours per week.
11.5 Changes to casual employment status
[11.5 renumbered as 11.6 by PR723849; 11.6 renumbered as 11.5 and renamed and substituted by PR733869; renamed and substituted by PR777332 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 30—Dispute resolution.
Classification definitions are set out in Schedule A—Classification Definitions. An employee must be employed in a classification in Schedule A—Classification Definitions.
13.1 Ordinary hours and roster cycles
(a) The ordinary hours of work for a full-time employee are 38 hours per week or an average of 38 hours per week spread over the employee’s roster cycle.
(b) The ordinary hours of work for a part-time employee will be in accordance with clause 10—Part-time employees.
(c) For the purposes of clause 13, the working week will commence at midnight on a Sunday.
(d) Subject to mutual agreement, employees may work ordinary hours on a 10/14 roster arrangement.
13.2 Additional leave / accrued days off
(a) An employer may roster an employee to regularly work 40 ordinary hours per week, in which case the employee is entitled to either:
(i) 12 days’ paid leave for each year of such work, to be added to the employee’s annual leave; or
(ii) one accrued day off (ADO) in each 4 week period in accordance with the roster. ADOs are to be taken with the employee’s normal rostered day(s) off (RDO(s)).
(b) An employer and an employee may only change the employee’s ADO by mutual agreement.
(c) Where an employee’s ADO falls on a public holiday, another ADO will be determined by the employer to be taken instead. This alternative ADO will be taken within the same 4 week cycle where practical.
13.3 Maximum consecutive shifts
(a) No employee will be required to work shifts on more than 10 consecutive shifts without 24 hours off duty.
(b) Any employee who agrees to work shifts on more than 12 consecutive shifts without 24 hours off duty, will be paid for the 13th shift and any further consecutive shifts worked, at 300% of the ordinary hourly rate until 24 hours off duty is provided. For the purposes of clause 13.3(b), the employee is not taken to work a further shift where the employee works for up to one hour beyond the finishing time of their normal rostered shift for the purpose of completing a case which commenced during that shift.
13A. Employee right to disconnect
[13A inserted by PR778071 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the on-call allowance under clause 20.6 or stand-by time under clause 20.8; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the on-call or the stand-by.
13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 14.6; or
(b) a recall to work under clause 20.7.
14.1 Hours of duty may be worked Monday to Sunday in accordance with rosters.
14.2 Rosters must be posted in a conspicuous place at each workplace. For full-time and part-time employees, rosters must show periods of duty of 28 days and be posted at least 28 days in advance of the roster commencing.
14.3 The employer will, wherever practicable, exhibit rotating rosters.
14.4 Rosters will show:
(a) starting and finishing times and time off, on a continuing basis;
(b) on-call branch station posting;
(c) on-call duty for each 14 days; and
(d) where possible approved leave periods as determined in accordance with the provisions of Part 6—Leave and Public Holidays.
14.5 Saturday and Sunday duty will be equitably distributed between employees.
14.7 The arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the workplace or part of the workplace.
An employee is entitled to an unpaid meal break of not less than 30 minutes during each shift. The meal break will not count as time worked.
(c) The crib period will be counted as time worked and taken at a time and place directed by the employer.
15.3 Paid rest breaks
Where practical, employees are entitled to two 10 minute rest breaks each day, counted as time worked, as follows:
(a) the first, between starting work and the usual meal break; and
(b) the second between the usual meal break and finishing work.
15.4 Changing time
Where an employee is not permitted to wear their uniform home, a period of 10 minutes immediately preceding the end of each period of duty will be allowed for the employee to wash, shower and/or to change clothing.
[Varied by PR718916, PR729358, PR740784, PR762207, PR773987]
(a) Operational classifications
The following tables provide minimum weekly and hourly rates by year of service.
(i) Operational classifications—Year 1
[16.1(a)(i) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Senior Station Officer |
1436.10 |
37.79 |
|
Station Officer/Team Manager—Headquarters or Branch with 10 or more staff |
1349.00 |
35.50 |
|
Station Officer/Team Manager—Branch with less than 10 staff |
1317.30 |
34.67 |
|
Assistant Station Officer/Regional Relieving Officer |
1282.00 |
33.74 |
|
Ambulance Officer |
1207.80 |
31.78 |
|
Ambulance Attendant |
1199.00 |
31.55 |
|
Student Ambulance Officer/Paramedic Level 3 |
1175.60 |
30.94 |
|
Student Ambulance Officer/Paramedic Level 2 |
1157.10 |
30.45 |
|
Student Ambulance Officer/Paramedic Level 1 |
1087.50 |
28.62 |
|
Patient Transport Officer |
1123.50 |
29.57 |
|
Communications Call Taker |
1123.50 |
29.57 |
|
Clinical Transport Officer |
1096.00 |
28.84 |
|
Trainee Clinic Transport Officer |
1068.10 |
28.11 |
|
Fleet Maintenance Officer |
1273.00 |
33.50 |
|
Mechanic |
1207.80 |
31.78 |
(ii) Operational classifications—Year 2
[16.1(a)(ii) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Senior Station Officer |
1445.10 |
38.03 |
|
Station Officer/Team Manager—Headquarters or Branch with 10 or more staff |
1358.50 |
35.75 |
|
Station Officer/Team Manager—Branch with less than 10 staff |
1326.10 |
34.90 |
|
Assistant Station Officer/Regional Relieving Officer |
1291.30 |
33.98 |
|
Ambulance Officer |
1217.10 |
32.03 |
|
Ambulance Attendant |
1208.40 |
31.80 |
|
Student Ambulance Officer/Paramedic Level 3 |
1188.10 |
31.27 |
|
Student Ambulance Officer/Paramedic Level 2 |
1165.50 |
30.67 |
|
Student Ambulance Officer/Paramedic Level 1 |
1096.00 |
28.84 |
|
Patient Transport Officer |
1131.80 |
29.78 |
|
Communications Call Taker |
1131.80 |
29.78 |
|
Clinical Transport Officer |
1102.10 |
29.00 |
|
Trainee Clinic Transport Officer |
1076.70 |
28.33 |
|
Fleet Maintenance Officer |
1282.20 |
33.74 |
|
Mechanic |
1217.10 |
32.03 |
(iii) Operational classifications—Year 3
[16.1(a)(iii) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Senior Station Officer |
1452.00 |
38.21 |
|
Station Officer/Team Manager—Headquarters or Branch with 10 or more staff |
1364.90 |
35.92 |
|
Station Officer/Team Manager—Branch with less than 10 staff |
1333.60 |
35.09 |
|
Assistant Station Officer/Regional Relieving Officer |
1298.80 |
34.18 |
|
Ambulance Officer |
1223.90 |
32.21 |
|
Ambulance Attendant |
1215.20 |
31.98 |
|
Student Ambulance Officer/Paramedic Level 3 |
1195.20 |
31.45 |
|
Student Ambulance Officer/Paramedic Level 2 |
1173.40 |
30.88 |
|
Student Ambulance Officer/Paramedic Level 1 |
1100.90 |
28.97 |
|
Patient Transport Officer |
1139.20 |
29.98 |
|
Communications Call Taker |
1139.20 |
29.98 |
|
Clinical Transport Officer |
1109.20 |
29.19 |
|
Trainee Clinic Transport Officer |
1084.30 |
28.53 |
|
Fleet Maintenance Officer |
1290.10 |
33.95 |
|
Mechanic |
1223.90 |
32.21 |
(b) Clerical and Administrative Support classifications
[16.1(b) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Administrative Officer Band 1 |
|
|
|
First year |
1017.80 |
26.78 |
|
Second year |
1061.20 |
27.93 |
|
Third year and thereafter |
1104.10 |
29.06 |
|
Administrative Officer Band 2 |
|
|
|
First year |
1147.40 |
30.19 |
|
Second year |
1199.90 |
31.58 |
|
Third year and thereafter |
1252.40 |
32.96 |
|
Administrative Officer Band 3 |
1312.40 |
34.54 |
|
Administrative Officer Band 4 |
1390.10 |
36.58 |
16.2 Higher duties
An employee required by the employer to perform duties of a higher classification, will be paid at the rate applicable to the higher classification including for paid leave or any public holiday(s) which occur during the period when the higher duties are being performed. Employees will not be required to fill a vacant position in an acting capacity for more than 3 months.
16.3 Secondment
(a) Secondment of any employee to a recognised tertiary institution is subject to approval by the employee’s employer.
(b) An operational employee seconded from an ambulance service to a recognised tertiary institution in a teaching or related capacity will:
(i) be provided with a written record of the term of the secondment, with the term of the secondment being mutually agreed;
(ii) be paid at the rates applicable to a Senior Station Officer during the period of secondment;
(iii) be allocated to operational duty in their previous position, the equivalent of one day during each 4 week period of such secondment, for the purposes of skills maintenance; and
(iv) revert to the classification held immediately prior to the secondment period and be paid the rate applicable to that classification, on completion of the secondment.
(c) Notwithstanding anything else contained in this award, any period of secondment may be terminated by:
(i) the employee concerned or the tertiary institution, giving 28 days’ notice in writing, and the employee will be offered the first available vacancy at the appropriate ambulance service after giving such notice; or
(ii) the tertiary institution, without notice for serious and demonstrable inefficiency, neglect of duty, unsatisfactory performance of duty, malingering or misconduct.
(a) Routine relieving duties which require an operational employee to live away from home, will be performed by a Regional Relieving Officer (RRO).
(b) Where an RRO is not available, an Ambulance Officer/Ambulance Paramedic or Student Ambulance Officer/Paramedic Level 2 or 3 may be required to perform relieving duties.
(c) In the absence of mutual agreement to the contrary between the employer and employee(s) concerned, when relieving is to be performed by an employee other than an employee appointed as a RRO, such relieving will be equitably distributed amongst all Ambulance Officers/Paramedics.
(d) An employee who is required to relieve another employee, may be required to work the hours and on-call roster of the employee being relieved.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Wages will be paid either weekly or fortnightly by cheque or electronic funds transfer into the employee’s nominated bank or financial institution account. Payment will be made no later than Wednesday in the pay week. Where a public holiday falls in that week, payment will be made by Thursday.
17.2 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.2. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718916, PR719068; corrected by PR720559; varied by PR729358, PR729541, PR740784, PR740947, PR762207, PR762374, PR773987, PR774156]
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.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance when calculating any penalties, loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) paramedic skills allowance (clause 18.2(b));
(ii) CEP/Paramedic allowance (clause 18.2(c)).
(b) Paramedic skills allowance
A paramedic skills allowance is payable to any employee at the level of Ambulance Officer/Paramedic or above who possesses the Graduate Diploma of Health Science (MICA Paramedic) or other equivalent accredited qualification for an Intensive Care Paramedic and who is employed as an Intensive Care Paramedic as follows:
[18.2(b)(i) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
· Level 1—first 12 months of experience: $129.49 per week; or
· Level 2—second year of experience: $190.19 per week.
[18.2(b)(ii) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
· $76.00 per week
The paramedic skills allowance is payable for all purposes under this award.
(c) CEP/Paramedic skills allowances
[18.2(c)(i) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
|
$ per week |
|
Continuing Education Program (CEP) allowance units 1–4 |
20.93 |
|
CEP allowance units 5–6 |
20.93 |
|
CEP allowance unit 7 |
26.07 |
|
Paramedic skills allowance |
143.81 |
(ii) The CEP/Paramedic skills allowance is payable for all purposes under this award.
(d) Communications centre allowance
[18.2(d)(i) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
(i) $8.69 per 8 hour shift; and
[18.2(d)(ii) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
(ii) $1.10 per hour for each rostered hour in excess of 8 hours.
(e) Operational crewing allowance
[18.2(e)(i) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
· $5.75 per 8 hour shift; and
· $0.73 per hour for each rostered hour in excess of 8 hours.
[18.2(e)(ii) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
(ii) A Student Ambulance Officer/Paramedic required to form a crew and perform operational duties with a Student Ambulance Officer/Paramedic, of equal or more junior level, is entitled to a weekly allowance of:
· $24.48 per week; or
· a pro rata amount for periods of less than one week.
[18.2(e)(iii) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
· $18.36 per eight hour shift; and
· a pro rata amount for any period in excess of eight hours.
[18.2(f) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
A flying allowance of $73.43 per 8 hour shift or part shift is payable to an employee required to perform duties on board a fixed or rotary wing aircraft in flight.
[18.2(g) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
A shift allowance of $55.08 per rostered shift is payable to employees whose rostered hours of ordinary duty finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.30 am.
(h) On-call allowance
[18.2(h) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
An on-call allowance of $4.04 per hour or part hour is payable to an employee who, in accordance with an on-call roster, is rostered off duty but is required to be ready to respond to a call.
(i) Control call allowance
[18.2(i) varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
A control call allowance of $5.75 per hour or part hour is payable to an employee who is required to be on-call to attend to radio and/or telephone calls and may be required to direct staff to duty.
18.3 Expense-related allowances
[18.3(a)(i) varied by PR719068, PR729358, PR740947, PR762374, PR774156 ppc 01Jul24]
[18.3(a)(ii) varied by PR719068, PR729358, PR740947, PR762374, PR774156 ppc 01Jul24]
[18.3(a)(iii) varied by PR719068, PR729358, PR740947, PR762374, PR774156 ppc 01Jul24]
[18.3(a)(iv) corrected by PR720559; varied by PR729541, PR740947, PR762374, PR774156 ppc 01Jul24]
[18.3(b)(ii) varied by PR719068, PR740947, PR762374, PR774156 ppc 01Jul24]
· is entitled to travel to and from such workplace in the employer’s time and fares and incidental expenses will be paid by the employer; or
(iii) Clause 18.3(b)(ii) will not apply:
· if the new location is an equivalent distance or nearer to the employee’s residence than the location where the employee is normally rostered or posted; or
· to an employee who changes roster by agreement with another employee.
An employee required to relieve another employee and to live away from home is entitled to receive:
(ii) travelling allowance in accordance with clause 18.3(b); and
[18.3(c)(iii) varied by PR719068, PR729541, PR740947, PR762374, PR774156 ppc 01Jul24]
(iii) an allowance to cover meal expenses as follows:
|
|
$ |
|
Breakfast |
19.57 |
|
Lunch |
39.17 |
|
Dinner |
58.76 |
|
Total |
117.50 |
(iv) Employees returning home, for example during rostered breaks, will not normally be paid a meal allowance.
(v) Employees receiving a meal allowance under clause 18.3(c) do not receive a meal allowance under clause 18.3(a).
[18.3(c)(vi) varied by PR719068, PR729541, PR740947, PR762374 ppc 01Jul23]
(d) Student ambulance officer allowances
An accommodation allowance is payable to a Student Ambulance Officer employed by an ambulance service for the reasonable cost of accommodation when required to live away from home by their employer in order to undertake a compulsory course of training. Provided that such allowance will not be paid if:
· the employer provides accommodation;
· the accommodation is not available; or
· the officer resides within 32 km of the course location.
(ii) Incidental expenses allowance
[18.3(d)(ii) varied by PR719068, PR729541, PR740947, PR762374, PR774156 ppc 01Jul24]
An incidental expenses allowance of $19.67 per day is payable to Student Ambulance Officers employed by an ambulance service for:
· the day they attend a compulsory course of training;
· the weekend between successive weeks of a course if they elect to remain at the educational institution; and
· each day of attending a compulsory driver training course.
(e) Uniform and protective clothing allowance
(i) A uniform and protective clothing allowance is payable to an operational employee to cover the reasonable cost of the uniform items required by their employer.
(ii) Where the employer requires other employees to wear a uniform or other protective clothing, the employee will be paid an allowance to cover the reasonable cost of such clothing.
(iii) The allowance will not apply when the employer provides the clothing. Such clothing will only be used in the course of employment, will remain the property of the employer and will be cleaned, repaired and replaced by the employer as and when reasonably necessary. Provided that the cleaning of uniforms will only apply to car coats, long and short trousers and winter shirts.
(f) Driving licence allowance
An employee who is required by the employer to hold a current driving licence will be reimbursed annually an amount equal to the sum of the cost of the licence divided by the term in years.
(g) Accommodation allowance
(h) Clause 18.3(g) will not apply to relieving staff whilst living away from home.
[Varied by PR771373]
19.1 Superannuation legislation
[19.1 substituted by PR771373 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 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771373 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) First State Super;
(c) Sunsuper;
(d) HESTA Super Fund;
(e) Tasplan;
(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR718916, PR723849, PR729358, PR740784, PR762207, PR763305, PR773987]
Subject to the on-call provisions in clause 20.6, where an employee works overtime the employer must pay to the employee the overtime rates as follows:
|
For overtime worked on |
Overtime rate |
|
For any work exceeding the number of hours fixed as a day’s, week’s, or fortnight’s work on: |
|
|
Monday to Friday—first 2 hours |
150% |
|
Monday to Friday—after 2 hours |
200% |
|
Saturday all day |
200% |
|
Sunday all day |
200% |
|
Work in excess of an employee’s rostered hours on a public holiday |
250% |
|
Work outside a spread of 12 hours from the commencement of the last previous rostered period of duty, provided that the overtime is not continuous with the next succeeding rostered period of duty |
200% |
20.2 In the calculation of overtime each day stands alone.
[New 20.3 inserted by PR723849 ppc 20Nov20]
20.3 The casual loadings prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.
20.4 Rest period after overtime
[20.3 renumbered as 20.4 by PR723849 ppc 20Nov20]
(a) Overtime should be arranged so that an employee has at least 8 consecutive hours off duty between the work of successive days.
(d) The employee in clause 20.4(c) is then entitled to be released from duty under clause 20.4(b).
20.5 Time off instead of payment for overtime
[20.4 renumbered as 20.5 by PR723849 ppc 20Nov20]
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE: By making an agreement under clause 20.5 an employee who worked 2 overtime hours at 150% of the ordinary hourly rate is entitled to 3 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.5 will apply for overtime that has been worked.
[Note varied by PR763305 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).
[20.4(h) varied by PR718916 ppc 01Jul20; 20.4(h) renumbered as 20.5(h) by PR723849 ppc 20Nov20; varied by PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.5.
Example 1—Time off instead of payment for overtime
|
Jodie is a full-time Ambulance Officer—Year 2. Her ordinary rate of pay is $32.03 per hour. She works 3 hours overtime on Wednesday in addition to her 8 ordinary rostered hours.
Jodie’s entitlement = (8 hours at normal rate) + (3 hours overtime)
= (8 hours) + (2 hours x 150%) + (1 hour x 200%)
= 8 + (3 + 2) hours
= 13 hours
Taken as PAY = 13 x $32.03 = $416.39 for Wednesday
Jodie’s employer must give her 13 hours pay OR if Jodie and her employer agree, Jodie may take the “5 hours overtime pay” as 5 hours off instead:
Taken as TIME OFF = 8 hours paid at ordinary hourly rate plus 5 hours leave paid at ordinary hourly rates
= 8 x $32.03 = $256.24 plus 5 hours leave paid at ordinary hourly rates |
[20.5 renumbered as 20.6 by PR723849 ppc 20Nov20]
(a) An employee who is rostered to be on-call is entitled to an on-call allowance in accordance with clause 18.2(h).
(c) Nothing in clause 20.6 prohibits an employee from temporarily leaving the workplace or home when rostered on-call after having made arrangements satisfactory to the employer, for the proper conduct of the service.
(d) An employee will be free from on-call duty:
(i) every second weekend; and
(ii) for at least 8 days in each 14 consecutive days.
(e) No employee will be rostered on-call from the time of ceasing duty immediately before the employee’s rostered day off until the time of commencing duty immediately after the rostered day off.
(f) Except on weekends, public holidays or in cases of an emergency, an employee will not be rostered on-call between 9.00 am and 5.00 pm.
(g) An on-call roster will not require an employee to be on-call for a period of less than 6 hours except by mutual consent between the employer and employee concerned.
[20.6 renumbered as 20.7 by PR723849 ppc 20Nov20]
An employee who has completed a rostered shift of duty, who is not rostered on-call and is recalled to duty prior to the commencement of the employee’s next rostered shift and such recall is not continuous with any rostered shift, is entitled to payment at the rate of 200% of their ordinary hourly rate for all time worked with a minimum payment of one and a half hours.
[20.7 renumbered as 20.8 by PR723849 ppc 20Nov20]
When an employee, other than an employee rostered on-call in accordance with clause 20.6, is required to stand by for any period outside the employee’s ordinary hours, this period will be counted as time worked.
21.1 An employee rostered to work ordinary hours between midnight Friday and midnight Sunday will be paid the following penalty rates:
|
Ordinary hours worked
on |
Penalty rate |
Casual penalty rate (including casual loading) |
|
|
% of ordinary hourly rate |
|
|
Saturday and Sunday |
150% |
175% |
|
Public holidays |
250% |
200% |
Part 6—Leave and Public Holidays
[Varied by PR747418, PR751103]
22.1 Annual leave is provided for in the NES. Clause 22 contains additional provisions.
(a) For the purpose of the additional week’s annual leave provided by the NES, a shiftworker is defined as an employee who:
(i) is regularly rostered over 7 days a week; and
(ii) is regularly rostered to work on Sundays and public holidays.
(a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period. This includes any allowances, loading, shift allowances, penalties or over-award payments which would have been received had the employee not been on leave.
(b) In addition, the employer must pay the employee a loading of 17.5% of the employee’s ordinary pay for ordinary hours the employee would have worked had they not been on leave during that period.
(c) Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
NOTE: Where an employee is receiving over award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
22.4 Excessive leave accruals: general provision
NOTE: Clauses 22.4 to 22.6 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2).
(c) Clause 22.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.5 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 22.4(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 22.5(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 22.4, 22.5 or 22.6 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 22.5(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.5(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 22.5(d) may result in the direction ceasing to have effect. See clause 22.5(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.
22.6 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.4(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 22.6(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 22.5(a) that, when any other paid annual leave arrangements (whether made under clause 22.4, 22.5 or 22.6 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 22.6(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 22.4, 22.5 or 22.6 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 22.6(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.6(a).
22.7 Direction to take annual leave during shutdown
[22.7 renamed and substituted by PR751103 ppc 01May23]
(a) Clause 22.7 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period to allow annual leave to all or a majority of employees in the enterprise or part concerned (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.7(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.7(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 22.7(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.7(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 22.11.
(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 22.11, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.4 to 22.6 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 22.7.
22.8 Payment of accrued annual leave on termination of employment
(a) The NES provides for payment of accrued annual leave upon termination of employment. For the full NES entitlement see section 90(2) of the Act.
(b) An employee engaged for part of any year as a 7 day shiftworker, will be paid, in addition to any other amounts due, an amount equal to 1/48th of the employee’s ordinary pay for the period of employment as a 7 day shiftworker.
22.9 Illness during annual leave
Where an employee becomes sick during annual leave and immediately forwards to the employer a certificate of a legally qualified medical practitioner, then the number of days specified in the certificate and on which the employee would otherwise have worked, will be deducted from the employee’s personal leave credits and recredited to the employee’s annual leave entitlement.
22.10 Public holiday during annual leave
[22.10 varied by PR747418 ppc 14Nov22]
If a prescribed public holiday to which the employee is entitled to payment under this award falls within the period of an employee’s annual leave, the period of annual leave will be increased by one day in respect of that public holiday or in respect of a part-day public holiday, on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(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 22.11 is set out at Schedule D—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.11 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 22.11, 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.
22.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.12.
(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 22.12 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 22.12 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 22.12 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 22.12.
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 22.12.
NOTE 3: An example of the type of agreement required by clause 22.12 is set out at Schedule E—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[24 varied by PR763305 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 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750420 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747418]
27.1 Public holidays are provided for in the NES.
27.2 Payment for work done on public holidays
[27.2 substituted by PR747418 ppc 14Nov22]
(i) one and a half extra days’ pay; or
(ii) equal time off in one period, of which 7 days’ notice will be given; or
(iii) one and a half days added to annual leave.
(b) If a public holiday is a part-day public holiday, then clause 27.2(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
27.3 Public holiday substitution
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[27.4 deleted by PR747418 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774825 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774825 from 01Jul24]
27A.1 Clause 27A 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 27A.
27A.2 In clause 27A:
(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.
27A.3 Before exercising entitlements under clause 27A, 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.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.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.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.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.
27A.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 27A.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.
27A.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.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A 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 27A 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 27A 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 27A.
28. Consultation about major workplace change
28.1 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.
28.2 For the purposes of the discussion under clause 28.1(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.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 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 28.1(b).
28.5 In clause 28 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.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 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.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763305, PR777332, PR778071]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, 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.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 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.
30.6 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.
30.7 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 30.
30.8 While procedures are being followed under clause 30 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.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763305; deleted by PR778071 from 26Aug24]
[Note inserted by PR778071 from 26Aug24; varied by PR777332 from 27Aug24]
NOTE: In addition to clause 30, 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
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
31.1 Notice of termination by an employee
(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 31.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 31.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 31.1(b), then no deduction can be made under clause 31.1(d).
(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 32.1(c).
(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
32.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
32.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.2.
Schedule A—Classification Definitions
A.1 Operational Classifications
A.1.1 Ambulance Officer (AO)/Ambulance Paramedic (AP) is an employee who holds the qualifications of Bachelor of Health Science Degree (Paramedic) or other degree qualification applying in each State and Territory or has another equivalent accredited qualification for AO/AP recognised by the employer and has successfully completed the required clinical placements. The principal duties include assessment, treatment, care and transport of emergency and/or non-emergency patients in a pre‑hospital setting.
A.1.2 Student Ambulance Officer/Paramedic (SAO)
A SAO:
(a) is employed as such while undertaking the diploma or degree of Ambulance Paramedic Studies however titled;
(b) is an employee who has completed a diploma or degree in Paramedic Studies and who is completing the operational clinical requirements of the course;
(c) is a graduate entry paramedic student who is undertaking a one year Graduate Diploma of Ambulance Paramedic Studies (however titled in each State or Territory) and also who has a degree qualification in a related health area recognised by the employer; and
(d) upon successful completion of the course a SAO will be appointed to the classification of Ambulance Officer/Ambulance Paramedic.
A.1.4 Station Officer/Team Manager (SO/TM) is an Ambulance Officer, who, in addition to the duties specified for an Ambulance Officer, is appointed to be in charge and manage an ambulance station and/or ambulance team.
A.1.5 Assistant Station Officer (ASO) is an Ambulance Officer, who, in addition to the duties specified for an ambulance officer, is appointed to assist a Station Officer. An ASO may also undertake clinical training duties.
A.1.6 Regional Relieving Officer (RRO) is an operational employee who is required to live away from home in order to perform routine relieving duties.
A.1.7 Ambulance Attendant (AA) is an employee who has completed the Diploma of Paramedical Science (Ambulance) or Diploma of Health Science (Emergency Care), however titled in each State or Territory and has completed all the required supervised clinical practice. An AA provides care and transport of non-emergency patients. An AA is qualified to provide a more advanced level of care and treatment to patients than a Patient Transport Officer.
A.1.8 Patient Transport Officer (PTO) is an employee who has completed a Certificate 3 in Non-emergency Client Transport or equivalent qualification and who provides basic care and transport of non-emergency patients.
A.1.9 Clinical Transport Officer (CTO) is an employee who holds a Certificate 3 in Non‑emergency Client Transport or equivalent qualification and who provides transport and assistance to non-emergency patients in non-stretcher vehicles.
A.1.10 Clinical Support Officer (CSO) is an Intensive Care/Ambulance Paramedic who has a Graduate Diploma of Health Science (MICA Paramedic) or other accredited qualification for an Intensive Care/Ambulance Paramedic. The principal duties are to provide clinical support and audit, training and education for Ambulance Officers, provide an emergency response on a needs basis and clinical advice to a communications centre.
A.1.11 Duty Team Manager (DTM) is a team manager in a communications centre whose principal duty is to manage the human and physical resources of an ambulance service to maximise their effectiveness and who provides internal and external operational liaison.
A.1.12 Mechanic and Fleet Maintenance Officer (FMO) is an employee appointed to perform automotive diagnosis, repair and general maintenance duties for ambulance service and patient transport vehicles in accordance with their level of qualification, competencies and training. An FMO may be required to supervise the work of a mechanic and/or an apprentice.
A.1.13 Communications Officer is an Ambulance Officer/Ambulance Paramedic who is trained to perform supervisory, dispatch and call taking duties within a communications centre and who, in addition, is required to determine the priorities for allocation of human and physical resources and to control the work of ambulance and patient transport crews.
A.1.14 Communications Call Taker is an employee who is trained to answer emergency and non-emergency telephone calls in accordance with pre-determined guidelines and provide assistance to callers under supervision, within a communications centre. Such an employee has completed a Certificate Level 3 in Ambulance Communications (Call Taking).
A.1.15 Senior Station Officer is an Ambulance Officer appointed to manage and co‑ordinate operations within a designated geographic or specialist area of an ambulance service.
A.2 Clerical and Administrative Support Classifications
A.2.1 Administrative Officer Band 1 means:
(a) a non-operational employee who undertakes clerical duties for a work unit, prepares routine documentation, organises office supplies and performs basic word processing duties. They may also respond to and refer telephone enquiries, as appropriate;
(b) a non-operational employee who undertakes basic data processing duties, responds to and refers telephone enquiries, as appropriate; or
(c) an employee who performs tasks with defined guidelines, policies and procedures that allow for little deviation outside these parameters; and
(d) these positions require basic administration skills and some experience in an administration environment. While a certificate level qualification is not essential, keyboard skills and computer literacy and competency in word processing, basic spreadsheets and presentation software is required. The ability to follow instructions and operate within guidelines is required;
(e) the job environment allows for minimal exercise of judgment and analysis and tasks have clearly defined objectives and timelines;
(f) accountability for own output is required with little involvement in policy or procedure development.
A.2.2 Administrative Officer Band 2 means:
(a) a non-operational employee responsible for performing a range of secretarial functions (including typing, compiling agendas for meetings, answering the telephone, photocopying and organising meetings and functions), dealing with members of the public/customers to ensure the smooth running of the office; or an administrative assistant responsible for monitoring a particular function and co‑ordinating and scheduling related tasks and events; or a Purchasing Officer responsible for the acquisition of goods and or services in line with organisational policy and procedure;
(b) a non-operational employee responsible for the preparation of standard statistical reports and returns, preparing information for the general ledger to ensure that complete and accurate records are supplied. They may also be involved in the training of other data entry positions; or
(c) an employee who performs tasks that require high level administrative and clerical support within specific guidelines, policies and/or procedures; and
(d) these positions require administration experience and an understanding of the relevant area of expertise. While a certificate level qualification is not essential, keyboard skills and a sound level of computer skills including competency in word processing, spreadsheets, data bases and presentation software is required. Required to understand specialised computer software. Required to have a basic understanding of regulations, legislation and/or codes of practice;
(e) the ability to work with minimal supervision and operate within guidelines is required. The job environment allows for minor exercise of judgment and reasoning, as tasks may require basic analysis or interpretation;
(f) accountability for own output and prioritising work is expected. There is little involvement in policy or procedure development.
A.2.3 Administrative Officer Band 3 means:
(a) a non-operational employee responsible for sourcing products, preparing specifications, evaluating quotations, purchasing goods, interviewing representatives and keeping abreast of products, within departmental guidelines; or processing payment of wages and salaries, maintaining personnel records, and assisting departmental/divisional heads with award interpretations and payroll enquiries;
(b) a non-operational employee who undertakes a range of medium complexity projects under the direction of a mid-level manager to ensure more effective and efficient work processes are introduced; or
(c) an employee who provides advice and guidance to management or a work team and ensures that the appropriate policies, systems and methods are used; and
(d) these positions require extensive administration experience and strong understanding of the areas of expertise. Sound level of computer literacy and competency in word processing, spreadsheets and presentation software is required. There is a requirement to demonstrate experience with specialised computer software relevant to the area of specialisation. There is also a requirement to have an intermediate understanding of relevant regulations, legislation and/or codes of practice;
(e) the ability to work with minimal supervision and provide advice to work teams within guidelines and/or policies and procedures is required. The job environment allows for intermediate judgment and reasoning, as there is a requirement for analysis or interpretation of data and policies;
(f) accountability for own output and prioritisation of work is required. Under the direction of management there may be involvement in policy and procedure development.
A.2.4 Administrative Officer Band 4 means:
(a) a non-operational employee who manages the affairs of an office, or more than one senior executive and various committees, undertakes investigations and analyses of organisational issues that require the preparation of papers;
(b) activities may include compilation and follow up of agendas, conference/seminar planning and organisation, composition of non-procedural documents, management of executive management activities, development of office and administrative systems; or a non-operational employee who supervises the purchasing and procurement function on a day-to-day basis to ensure appropriate processes and checks are in place and are adhered to; or a non-operational employee who takes responsibility for an activity where there are no other ready sources of information or expertise within the organisation, however where the activity is governed by legislation or other industry guidelines; or
(c) a non-operational employee who supervises and controls the patient accounts area, assigns and checks the work of other staff, prepares patient accounts and maintains debtor control records and patient statistics.
Schedule B—Summary of Hourly Rates of Pay—Clerical and Administrative Support Classifications
[Varied by PR718916, PR729358, PR740784, PR762207, PR773987]
B.1 Full-time and part-time employees—Clerical and Administrative support classifications—ordinary and penalty rates
[B.1 substituted by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Weekday |
Saturday and
Sunday– |
Public holiday– |
|
|
|
% of minimum hourly rate |
|
||
|
|
100% |
150% |
250% |
|
|
|
$ |
$ |
$ |
|
|
Administrative Officer Band 1 |
|
|
|
|
|
First year |
26.78 |
40.17 |
66.95 |
|
|
Second year |
27.93 |
41.90 |
69.83 |
|
|
Third year and thereafter |
29.06 |
43.59 |
72.65 |
|
|
Administrative Officer Band 2 |
|
|
|
|
|
First year |
30.19 |
45.29 |
75.48 |
|
|
Second year |
31.58 |
47.37 |
78.95 |
|
|
Third year and thereafter |
32.96 |
49.44 |
82.40 |
|
|
Administrative Officer Band 3 |
34.54 |
51.81 |
86.35 |
|
|
Administrative Officer Band 4 |
36.58 |
54.87 |
91.45 |
|
B.2 Full-time and part-time employees—Clerical and Administrative support classifications—overtime rates
[B.2 varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Weekday–first 2 hours |
Weekday–after 2 hours |
Saturday and Sunday– all day |
Public holiday |
|
|
% of minimum hourly rate |
|
||||
|
|
150% |
200% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
|
|
Administrative Officer Band 1 |
|
|
|
|
|
|
First year |
40.17 |
53.56 |
53.56 |
66.95 |
|
|
Second year |
41.90 |
55.86 |
55.86 |
69.83 |
|
|
Third year and thereafter |
43.59 |
58.12 |
58.12 |
72.65 |
|
|
Administrative Officer Band 2 |
|
|
|
|
|
|
First year |
45.29 |
60.38 |
60.38 |
75.48 |
|
|
Second year |
47.37 |
63.16 |
63.16 |
78.95 |
|
|
Third year and thereafter |
49.44 |
65.92 |
65.92 |
82.40 |
|
|
Administrative Officer Band 3 |
51.81 |
69.08 |
69.08 |
86.35 |
|
|
Administrative Officer Band 4 |
54.87 |
73.16 |
73.16 |
91.45 |
|
B.3 Casual employees—Clerical and Administrative support classifications—ordinary and penalty rates
[B.3 varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
|
Employee classification |
Weekday |
Saturday and Sunday |
Public holiday |
|
|
|
% of casual hourly rate (inclusive of casual loading) |
|
||
|
|
125% |
175% |
200% |
|
|
|
$ |
$ |
$ |
|
|
Administrative Officer Band 1 |
|
|
|
|
|
First year |
33.48 |
46.87 |
53.56 |
|
|
Second year |
34.91 |
48.88 |
55.86 |
|
|
Third year and thereafter |
36.33 |
50.86 |
58.12 |
|
|
Administrative Officer Band 2 |
|
|
|
|
|
First year |
37.74 |
52.83 |
60.38 |
|
|
Second year |
39.48 |
55.27 |
63.16 |
|
|
Third year and thereafter |
41.20 |
57.68 |
65.92 |
|
|
Administrative Officer Band 3 |
43.18 |
60.45 |
69.08 |
|
|
Administrative Officer Band 4 |
45.73 |
64.02 |
73.16 |
|
Schedule C—Summary of Monetary Allowances
[Varied by PR718916, PR719068, PR729358, PR729541, PR740784, PR740947, PR750852, PR762207, PR762374, PR773987, PR774156]
See clause 18—Allowances for full details of allowances payable under this award.
[C.1.1 varied by PR718916, PR729358, PR740784, PR762207, PR773987 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly wage for an Ambulance Officer—Year 3 in clause 16.1(a)(iii) = $1223.90.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Paramedic skills allowance—ambulance service level 1* |
18.2(b)(i) |
10.58 |
129.49 |
per week |
|
Paramedic skills allowance—ambulance service level 2* |
18.2(b)(i) |
15.54 |
190.19 |
per week |
|
Paramedic skills allowance—all other employees* |
18.2(b)(ii) |
6.21 |
76.00 |
per week |
|
Continuing Education Program (CEP)/Paramedic skills allowance—CEP allowance units 1 to 4* |
18.2(c)(i) |
1.71 |
20.93 |
per week |
|
CEP/Paramedic skills allowance—CEP allowance units 5 to 6* |
18.2(c)(i) |
1.71 |
20.93 |
per week |
|
CEP/Paramedic skills allowance—CEP allowance unit 7* |
18.2(c)(i) |
2.13 |
26.07 |
per week |
|
CEP/Paramedic skills allowance—Paramedic skills allowance (inclusive of CEP allowances 1 to 7)* |
18.2(c)(i) |
11.75 |
143.81 |
per week |
|
Communications centre allowance—8 hour shift |
18.2(d)(i) |
0.71 |
8.69 |
per 8 hour shift |
|
Communications centre allowance—in excess of 8 hours |
18.2(d)(ii) |
0.09 |
1.10 |
per hour |
|
Operational crewing allowances—for period of training—8 hour shift |
18.2(e)(i) |
0.47 |
5.75 |
per 8 hour shift |
|
Operational crewing allowances—for period of training—in excess of 8 hours |
18.2(e)(i) |
0.06 |
0.73 |
per hour |
|
Operational duties |
18.2(e)(ii) |
2.0 |
24.48 |
per week |
|
Operational stretcher duties |
18.2(e)(iii) |
1.5 |
18.36 |
per 8 hour shift |
|
Flying allowance |
18.2(f) |
6.0 |
73.43 |
per 8 hour shift |
|
Shift allowance |
18.2(g) |
4.5 |
55.08 |
per rostered period of duty |
|
On-call allowance |
18.2(h) |
0.33 |
4.04 |
per hour or part hour |
|
Control call allowance |
18.2(i) |
0.47 |
5.75 |
per hour or part hour |
* These allowances apply for all purposes of this award.
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750852 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 varied by PR719068, PR729541, PR740947, PR762374, PR774156 ppc 01Jul24]
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowances—Away from employee’s branch or usual place of work |
18.3(a)(i) |
19.57 |
per shift |
|
Meal allowances—No meal break |
18.3(a)(ii) |
5.17 |
per occasion |
|
Meal allowances—Called back to duty—one spoilt meal allowance |
18.3(a)(iii) |
19.57 |
per shift |
|
Meal allowances—Overtime |
18.3(a)(iv) |
24.49 |
per occasion |
|
Travelling allowances—motor vehicle |
18.3(b)(ii) |
0.99 |
per km |
|
Relieving allowance—meal expenses—breakfast |
18.3(c)(iii) |
19.57 |
per occasion |
|
Relieving allowance—meal expenses—lunch |
18.3(c)(iii) |
39.17 |
per occasion |
|
Relieving allowance—meal expenses—dinner |
18.3(c)(iii) |
58.76 |
per occasion |
|
Relieving allowance—meal expenses—total |
18.3(c)(iii) |
117.50 |
per occasion |
|
Living away from home allowance |
18.3(c)(vi) |
29.86 |
per night |
|
Incidental expenses allowance |
18.3(d)(ii) |
19.67 |
per day |
C.2.1 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 |
|
Vehicle/travel allowance |
Private motoring sub-group |
|
Meal allowances |
Take away and fast foods sub-group |
|
Living away from home allowance |
Domestic holiday travel and accommodation sub-group |
|
Incidental expenses allowance |
Take away and fast foods sub-group |
Schedule D—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 E—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 F—Part-day Public Holidays deleted by PR747418 ppc 14Nov22]
[Sched X inserted by PR718141 ppc 08Apr20; varied by PR720633; corrected by PR720662; varied by PR721438, PR724065, PR728136, PR736911, PR743810; deleted by PR748510 ppc 01Jan23]
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