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

2. Definitions

[Varied by PR733923, PR774829]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

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

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 or loadings or payment while they are on annual leave (see clause 17.2).

[Definition of casual employee inserted by PR733923 from 27Sep21]

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

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

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

[Definition of employee organisation inserted by PR774829 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 PR774829 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).

gardening and landscaping services industry has the meaning given in clause 4.2.

leading hand means an employee who is required to supervise, direct or be in charge of another employee or employees.

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.

ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clause 15.1 plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

[Definition of regular casual employee inserted by PR733923 from 27Sep21]

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

[Definition of small business employer inserted by PR774829 from 01Jul24]

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

standard rate means the minimum weekly wage for a Level 4 employee in clause 15.1. This rate is to be used for the purposes of calculating various allowances that require a designated standard rate.

[Definition of workplace delegate inserted by PR774829 from 01Jul24]

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

3. The National Employment Standards and this award

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

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

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

4. Coverage

[Varied by PR743456]

4.1 This industry award covers employers throughout Australia in the gardening and landscaping services industry and their employees in the classifications listed in Schedule A—Classification Structure to the exclusion of any other modern award.

4.2 Gardening and landscaping services industry means:

(a) the design, preparation and installation of pavements, landscape features, and/or associated lawns and gardens in parklands, public domain and recreation areas;

(b) maintenance or horticultural establishment work following practical completion of work;

(c) the laying-out, construction, cultivation or keeping in order of gardens in connection with private houses;

(d) landscape and environmental rehabilitation and restoration works on private or public lands; or

(e) the preparation and maintenance of gardens and grounds including related turf and renovation works in sports fields.

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

(a) Aged Care Award 2010;

[4.3(b) varied by PR743456 ppc 11Jul22]

(b) Amusement, Events and Recreation Award 2020;

[4.3(c) varied by PR743456 ppc 11Jul22]

(c) Building and Construction General On-site Award 2020;

(d) Cemetery Industry Award 2020;

[4.3(e) varied by PR743456 ppc 11Jul22]

(e) Educational Services (Schools) General Staff Award 2020;

[4.3(f) varied by PR743456 ppc 11Jul22]

(f) Health Professionals and Support Services Award 2020;

[4.3(g) varied by PR743456 ppc 11Jul22]

(g) Local Government Industry Award 2020;

(h) Racing Industry Ground Maintenance Award 2020; or

[4.3(i) varied by PR743456 ppc 11Jul22]

(i) Registered and Licensed Clubs Award 2020.

4.4 This award covers any employer which supplies labour on an on-hire basis in the gardening and landscaping services 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 covers employers which provide group training services for apprentices and trainees engaged in the gardening and landscaping industry and/or parts of the industry and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award does not cover:

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

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

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

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

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

6. Requests for flexible working arrangements

[6 substituted by PR763308 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 28—Dispute resolution and/or under section 65B of the Act.

7. Facilitative provisions

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

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

Clause	Provision	Agreement between an employer and:
13.4(c)	Rostered days off	An individual
14.2(c)	Overtime breaks	An individual
14.3	Unpaid rest breaks	An individual
19.7	Time off instead of payment for overtime	An individual
20.5	Annual leave in advance	An individual
0	Cashing out of annual leave	An individual
25.3	Substitution of public holidays	An individual

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time; or

(c) casual.

8.2 At the time of engagement, an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual. This decision will then be recorded in a time and wages record.

9. Full-time employees

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

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work less than an average of 38 ordinary hours per week; and

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

10.2 At the time of engagement, the employer and the regular part-time employee will agree in writing on a regular pattern of work specifying the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day. These hours can only be varied by mutual agreement in writing.

10.3 For each hour worked, a part-time employee will be paid no less than the ordinary hourly rate of pay for the relevant classification in clause 15—Minimum rates.

11. Casual employees

[Varied byPR723903, PR733923]

[11.1 deleted by PR733923 from 27Sep21]

[11.2 renumbered as 11.1 by PR733923 from 27Sep21]

11.1 A casual employee is entitled to a minimum period of engagement of 3 hours.

11.2 Casual loading

[11.3 renumbered to 11.2 by PR733923 from 27Sep21]

[11.2(a) varied by PR723903 ppc 20Nov20]

(a) For each ordinary hour worked, a casual employee must be paid at least:

(i) the ordinary hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the ordinary hourly rate.

(b) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other entitlements of full‑time or part-time employment provided for in this award.

11.3 Payment for working overtime

[New 11.4 inserted by PR723903 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733923 from 27Sep21]

When a casual employee works overtime, they must be paid the overtime rates in clause 19.2.

11.4 Offers and requests for casual conversion

[11.4 renumbered as 11.5 by PR723903; 11.5 renumbered as 11.4 and renamed and substituted by PR733923 from 27Sep21]

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

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 28—Dispute resolution.

12. Classifications

Employees will be classified in accordance with the classification descriptions contained in Schedule A—Classification Structure.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

[Varied by PR747449]

13.1 The ordinary working hours will be 38, or an average of 38, hours per week. Ordinary hours may be averaged over a 4 week cycle in accordance with clause 13.4.

13.2 Ordinary hours may be worked:

(a) Monday to Friday between 6.00 am and 6.00 pm; and

(b) Saturday between 6.00 am and 12.00 noon.

13.3 Ordinary hours will not exceed 10 hours per day.

13.4 Rostered days off

(a) An employer may employ a system of rostered days off (instead of working 38 hours per week) by any of the following methods:

(i) by fixing one weekday in a particular working cycle on which all employees will be off; or

(ii) by rostering employees off on various days in a particular work cycle so that each employee has one day off during that cycle; or

(iii) by any other method which best suits the workplace and is agreed to by the employer and a majority of employees affected.

(b) Provided that, subject to clause 27—Consultation about changes to rosters or hours of work, any existing arrangement will not be altered without the agreement of a majority of employees in the affected workplace.

(c) Where any rostered day off prescribed by clause 13.4 falls on a public holiday according to the NES, the next working day will be taken instead of the rostered day off unless an alternative day in that 4 week cycle or the next is agreed in writing between the employer and the employee.

(d) Where agreement has been reached between the employee and employer, up to 10 rostered days off may be accumulated and taken at an agreed time.

[13.4(e) varied by PR747449 ppc 14Nov22]

(e) Each day of paid leave taken (except a rostered day off) and any public holiday according to the NES occurring during any cycle of 4 weeks will be regarded as a day or part-day worked for accrual purposes.

13.5 Water restrictions

(a) Where an employer is subject to water restrictions, the employer may require any employee to perform their ordinary hours of work (or any such ordinary hours) at any time on any day other than a Saturday after 12 noon or on a Sunday.

(b) Where the ordinary hours are performed outside the spread of hours specified in clause 13.2, those hours will be paid at 150% of the ordinary hourly rate.

(c) For the purpose of clause 13.5, water restrictions means restriction or rationing in the use of water in accordance with orders or regulations approved by the appropriate lawful authority.

14. Breaks

14.1 Meal breaks

(a) An unpaid meal break of not less than 30 minutes will be allowed no later than 5 hours after starting work.

(b) An employee required to work through their normal meal break will be paid at 150% of the ordinary hourly rate until such time as they receive a meal break of the usual length.

14.2 Overtime breaks

(a) An employee working overtime will be allowed a paid break of 20 minutes duration without deduction of pay after each 4 hours of overtime worked if the employee continues work after the break.

(b) Where the period of overtime is to be for more than one and a half hours, an employee will be allowed a meal break of 20 minutes after ordinary hours before starting overtime, paid for at the ordinary hourly rate.

(c) An employer and employee may agree to any variation of the provisions of clause 14.2 to meet the circumstances of the work in hand provided that the employer will not be required to make payment in respect of any time allowed in excess of 20 minutes.

14.3 Rest breaks

Employees will be allowed a paid rest break of 10 minutes each morning or at an appropriate time if water restrictions are in place. Where agreement is reached between the employer and employee for an additional rest break, the rest break will be unpaid and exclusive of the employee’s ordinary hours of work.

Part 4—Wages and Allowances

15. Minimum rates

[Varied by PR720159, PR718919, PR729362, PR733923, PR740787, PR762210, PR767903, PR773990]

15.1 Adult rates

[15.1 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

The classifications and minimum rates for an adult employee are set out in the following table:

Classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
Gardener/Landscaper	$	$
Introductory Level	891.50	23.46
Level 1	915.90	24.10
Level 2	949.20	24.98
Level 3	991.30	26.09
Level 4	1032.30	27.17
Level 5	1064.70	28.02

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

15.2 Junior rates

[15.2 varied by PR767903 ppc 31Dec23]

(a) The minimum wage payable to a junior employee will be the percentage of the adult rate prescribed for the classification in which the employee is employed as set out in the following table:

Age	% of adult rate
Under 18 years	70
18 years	80
19 years	90
20 years	100

(b) The wage payable to a junior will, in the case of a weekly employee, be calculated to the nearest $0.10, and in the case of an hourly employee, be calculated to the nearest cent.

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

15.3 Apprentice rates

(a) Apprentices who commenced their apprenticeship before 1 January 2014 must be paid the following minimum percentage of the minimum wage rates for the tradesperson classification (Level 4 rate):

Year of apprenticeship	% of Level 4 rate
1st year	47.5
2nd year	60
3rd year	75
4th year	95

(b) Apprentices who commenced their apprenticeship on or after 1 January 2014 must be paid the following minimum percentage of the minimum wage rates for the tradesperson classification (Level 4 rate):

Year of apprenticeship	Have not completed year 12	Have completed year 12
	% of Level 4 rate
1st year	50	55
2nd year	60	65
3rd year	75	75
4th year	95	95

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

15.4 Adult apprentice rates

(a) Adult apprentices who commenced their apprenticeship on or after 1 January 2014 must be paid the following minimum wage rates:

Year of apprenticeship	Minimum wage rate
1st year	80% of Level 4 rate
2nd year	Introductory Level rate
3rd year	Introductory Level rate
4th year	95% of Level 4 rate

[15.4(b) varied by PR733923 from 27Sep21]

(b) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

15.5 Apprentice conditions of employment

(a) Except as provided in clause 15.5 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(b) Block release training

(i) Clause 15.5(b) applies to apprentices required to attend block release training identified in or associated with their training contract.

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

(iii) Clause 15.5(b)(ii) does not apply where the apprentice could attend a closer Registered Training Organisation (RTO), and use of the more distant RTO is not agreed between the employer and the apprentice.

(c) For the purposes of clause 15.5(b)(ii), excess reasonable travel costs include:

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

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

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

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

(e) Reduction of payment

(i) Payment under clause 15.5(b) may be reduced where an apprentice is eligible to receive travel costs to attend the block release training under a Government apprentice assistance scheme.

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

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

(f) Reimbursements of course fees and materials

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

(i) all training fees charged by an RTO for prescribed courses; and

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

(g) An employer must make the reimbursements in clause 15.5(f) at the later of:

(i) within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship; or

(ii) within 3 months of starting training provided by the RTO.

(h) Reimbursement under clause 15.5(f) is not payable when there is unsatisfactory progress.

(i) An employer may meet its obligations under clauses 15.5(f) and 15.5(g) by paying any fees and/or cost of textbooks directly to the RTO.

(j) Attending training

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

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

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

(k) Clause 15.5(j)(iii) operates subject to the provisions of Schedule E—School-based Apprentices.

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

15.6 Higher duties

(a) An employee who is required to perform work for which a higher classification rate is fixed than that provided for in their ordinary duties will, if the work exceeds a total of 3 hours on any day, be paid for all work done on that day at the higher classification rate.

(b) Where less than 3 hours’ work is performed at the higher classification rate, the employee will be paid at the higher classification rate for the actual time worked.

15.7 Supported wage system

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

15.8 School-based apprentices

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

15.9 National training wage

[15.9(a) varied by PR720159 ppc 18Jun20]

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

[15.9(b) varied by PR720159 ppc 18Jun20, PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

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

16. Payment of wages

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

16.1 Period of payment

Wages must be paid weekly or fortnightly.

16.2 Method of payment

Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other nominated financial institution account.

16.3 Payment on termination of employment

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

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

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

(b) The requirement to pay wages and other amounts under clause 16.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

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

NOTE 2: Clause 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

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

17. Allowances

[Varied by PR718919, PR719071, PR729362, PR729544, PR740787, PR740950, PR762210, PR762379, PR773990, PR774159]

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

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

17.2 All-purpose allowances

(a) 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 or loadings or payment while they are on annual leave.

(b) The following allowances are paid for all purposes under this award:

(i) Leading hand allowance (clause 17.3(a)); and

(ii) Tool allowance (clause 17.4(a)).

17.3 Wage-related allowances

(a) Leading hand allowance

[17.3(a)(i) varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

(i) A leading hand (as defined in clause 2—Definitions) must be paid a weekly allowance as follows:

In charge of:	$ per week
1–2 employees	20.65
3–6 employees	41.29
7–9 employees	51.62
10 or more employees	72.26

(ii) These allowances are in addition to any other wage specified for the employee.

(b) Vehicles and/or plant

[17.3(b) varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

An employee will be paid an allowance of $6.19 per day when required to drive a work vehicle (which requires a licence for a truck or tractor) or operate plant in the course of their work, but not when the employee merely assists a fitter or engineer to do such.

[17.3(c) varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

An employee holding a first aid qualification from St John Ambulance or equivalent and who is appointed by the employer to perform first aid duties will be paid an allowance of $20.65 per week.

17.4 Expense-related allowances

(a) Tool allowance

[17.4(a)(i) varied by PR719071, PR729544, PR740950, PR762379, PR774159 ppc 01Jul24]

(i) Tradespersons must be paid a tool allowance of $15.83 per week, for all purposes of the award.

(ii) This allowance does not apply where the employer provides all the tools reasonably required by the tradesperson to perform all the functions of the tradesperson’s employment.

(iii) An employee provided with tools of the trade by the employer is not responsible for the loss of such tools if outside the control of the employee.

(iv) An employee provided with tools of the trade by the employer will replace all or any tools of trade lost due to negligence of the employee.

(b) Vehicle allowance

[17.4(b) varied by PR729544, PR740950, PR762379, PR774159 ppc 01Jul24]

An employee will be paid an allowance of $0.98 per kilometre travelled when directed by the employer to use the employee’s motor vehicle for any purpose. The time spent travelling will be paid for at ordinary rates provided that an employee will not be paid more than an ordinary day’s wages for any time not exceeding 24 hours spent in travelling.

[17.4(c) varied by PR719071, PR729544, PR740950, PR762379, PR774159 ppc 01Jul24]

An employee will be paid a meal allowance of $18.36 per occasion when required to work overtime:

(i) for 1.5 hours or more immediately after the completion of their ordinary hours of work on an ordinary working day; or

(ii) immediately after the completion of 8 hours of work on a Saturday, Sunday or public holiday.

(d) Clothing and equipment allowance

(i) An employee who is required to wear protective clothing (e.g. oilskins, gumboots, overalls, goggles, safety boots, bowling shoes etc.) must be reimbursed by the employer for the cost of purchasing the special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.

(ii) If a uniform must be worn, the employer will provide the employee with a uniform at the commencement of employment, to be replaced on a fair wear and tear basis.

(iii) The employer may deduct an agreed amount from the wages due to an employee over 18 years old to cover the cost of the initial uniform issue.

(iv) The employee will have that amount reimbursed by the employer when the employee returns the uniform on termination of employment or at the expiration of 6 months from the commencement of employment.

(e) Travel and accommodation allowance

(i) An employee who is required to work away from their usual place of residence, will be provided reasonable board and lodging or the employer will pay the demonstrable cost of such lodging.

(ii) An employee who is required to work away from their usual place of employment will, at the direction of the employer, present themselves for work on the job at the usual starting time.

(iii) For all time reasonably spent in reaching and returning from such a job in excess of the time normally spent in travelling, they will be paid travel time at the ordinary rate of pay and fares reasonably incurred in excess of those normally incurred in travelling between home and the depot.

18. Superannuation

[Varied by PR771376]

18.1 Superannuation legislation

[18.1 substituted by PR771376 ppc 09Apr24]

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

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

NOTE: Under superannuation legislation:

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

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

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

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

18.2 Employer contributions

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

18.3 Voluntary employee contributions

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

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

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

18.4 Superannuation fund

[18.4 varied by PR771376 ppc 09Apr24]

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

(a) AustralianSuper;

(b) HOSTPLUS;

(c) Cbus Super;

(d) CareSuper;

(e) Statewide Superannuation Trust;

(f) AustSafe Super;

(g) 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

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

18.5 Absence from work

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

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

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

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

(ii) the employee remains employed by the employer.

Part 5—Overtime

19. Overtime

[Varied by PR723903, PR763308]

19.1 Payment for working overtime—full-time and part-time employees

[19.1 varied by PR723903 ppc 20Nov20]

All time worked in excess of 38 ordinary hours in a week or outside the spread of hours set out in clause 13—Ordinary hours of work and rostering, or in excess of 10 hours per day will be paid for at 150% of the ordinary hourly rate for the first 2 hours and at 200% of the ordinary hourly rate after that.

19.2 Payment for working overtime—casual employees

[New 19.2 inserted by PR723903 ppc 20Nov20]

All time worked in excess of 38 ordinary hours in a week or outside the spread of hours set out in clause 13—Ordinary hours of work and rostering, or in excess of 10 hours per day, will be paid for at 175% of the ordinary hourly rate for the first 2 hours and at 225% of the ordinary hourly rate after that.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 19.1.

19.3 Breaks during overtime

[19.2 renumbered as 19.3 by PR723903 ppc 20Nov20]

An employee may be entitled to breaks during overtime in accordance with clause 14.2.

19.4 Rest period after overtime duty

[19.3 renumbered as 19.4 by PR723903 ppc 20Nov20]

(a) When overtime work is necessary it will, wherever reasonably practicable, be arranged so that employees have at least 10 consecutive hours off duty between the work on successive days.

(b) Where an employee (other than a casual employee) works so much overtime that there is less than 10 hours between finishing overtime on one day and starting their ordinary work on the next day, the employee will be released, subject to clause 19.4(c) until they have had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of the employer, an employee resumes work or continues work without having had 10 consecutive hours off duty they will be paid at 200% of the ordinary hourly rate until the employee is released from duty for such period and the employee can then be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during that absence.

19.5 Transport after overtime work

[19.4 renumbered as 19.5 by PR723903 ppc 20Nov20]

An employee who finishes overtime work at a time when reasonable means of transport are not available, will be provided with transport to their home by their employer.

19.6 Call-back

[19.5 renumbered as 19.6 by PR723903 ppc 20Nov20]

An employee required to attend for work after leaving the place of employment will be paid a minimum of 4 hours’ pay at the appropriate rate for each attendance, provided that the employee will not be required to work a full 4 hours’ work if the job they were recalled to perform is completed within a shorter period.

19.7 Time off instead of payment for overtime

[19.6 renumbered as 19.7 by PR723903 ppc 20Nov20]

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.7.

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

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

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

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

(iv) that any payment mentioned in clause 19.7(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 19.7 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave. An agreement under clause 19.7 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 19.7 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.7 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.7(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 19.7 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.7 will apply, including the requirement for separate written agreements under clause 19.7(b) for overtime that has been worked.

[Note varied by PR763308 ppc 01Aug23]

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

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.7 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.7.

Part 6—Leave and Public Holidays

20. Annual leave

[Varied by PR751104]

20.1 Annual leave is provided for in the NES.

20.2 For the purpose of the NES, a shiftworker means an employee whose ordinary working period includes Saturdays, Sundays and/or public holidays which the employee may be regularly rostered to work.

20.3 Payment for annual leave

Before the start of the employee’s annual leave the employer must pay the employee:

(a) instead of the base rate of pay referred to in the NES, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and

(b) an additional loading of 17.5% of the minimum hourly rate prescribed in clause 15—Minimum rates.

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).

20.4 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 20, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

20.5 Annual leave in advance

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

(b) An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 20.5 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 20.5 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 20.5, 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.

20.6 Excessive leave accruals: general provision

NOTE: Clauses 20.6 to 20.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 20.2).

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

(c) Clause 20.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 20.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 20.7(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; and

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

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

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

(c) The employee must take paid annual leave in accordance with a direction under clause 20.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 20.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 20.7(d) may result in the direction ceasing to have effect. See clause 20.7(b)(i).

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

20.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 20.8(a) if:

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

(ii) the employee has not been given a direction under clause 20.7(a) that, when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 20.8(a)must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; or

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

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

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

(d) An employee is not entitled to request by a notice under clause 20.8(a)more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 20.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 20.8(a).

20.9 Direction to take annual leave during shutdown

[20.9 renamed and substituted by PR751104 ppc 01May23]

(a) Clause 20.9 applies if an employer:

(i) intends to shut down all or part of its operation for a particular period for the purpose, among others, of allowing annual leave to the employees concerned or a majority of them (temporary shutdown period); and

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

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

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 20.9(b) and who will be affected by that period, on the date of their engagement.

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

(e) A direction by the employer under clause 20.9(d):

(i) must be in writing; and

(ii) must be reasonable.

(f) The employee must take paid annual leave in accordance with a direction under clause 20.9(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 20.9(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 20.5.

(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 20.5, to which an entitlement has not been accrued, is to be taken into account.

(j) Clauses 20.6 to 20.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 20.9.

20.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.10.

(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 20.10 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 20.10 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 20.10 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 20.10.

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 20.10.

NOTE 3: An example of the type of agreement required by clause 20.10 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.

21. Personal/carer’s leave and compassionate leave

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

22. Parental leave and related entitlements

[22 varied by PR763308 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 28—Dispute resolution and/or under section 76B of the Act.

23. Community service leave

Community service leave is provided for in the NES.

24. Family and domestic violence leave

[24—Unpaid family and domestic violence leave renamed and substituted by PR750471 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.

25. Public holidays

25.1 Public holiday entitlements are provided for in the NES.

25.2 Public holiday work

[Paragraph in 25.2 numbered as 25.2(a) by PR747449 ppc 14Nov22]

(a) An employee required to work on a public holiday will be paid at 250% of the ordinary hourly rate with a minimum of 4 hours’ payment.

[25.2(b) inserted by PR747449 ppc 14Nov22]

(b) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 25.2(a).

25.3 Substitution of certain public holidays by agreement in the workplace

(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.

[25.4 deleted by PR747449 ppc 14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774829 from 01Jul24]

25A. Workplace delegates’ rights

[25A inserted by PR774829 from 01Jul24]

25A.1 Clause 25A 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 25A.

25A.2 In clause 25A:

(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.

25A.3 Before exercising entitlements under clause 25A, 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.

25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

25A.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.

25A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.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.

25A.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 25A.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.

25A.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.

25A.9 Exercise of entitlements under clause 25A

(a) A workplace delegate’s entitlements under clause 25A 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 25A 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 25A 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 25A.

26. Consultation about major workplace change

26.1 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.

26.2 For the purposes of the discussion under clause 26.1(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.

26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4 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 26.1(b).

26.5 In clause 26 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.

26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.

27. Consultation about changes to rosters or hours of work

27.1 Clause 27 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.

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

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

(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

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

27.4 The employer must consider any views given under clause 27.3(b).

27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28. Dispute resolution

[Varied by PR763308]

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5 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.

28.6 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.

28.7 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 28.

28.8 While procedures are being followed under clause 28 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.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763308 ppc 01Aug23]

NOTE 1: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763308 ppc 01Aug23]

NOTE 2: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and Redundancy

29. Termination of employment

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

29.1 Notice of termination by an employee

(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

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

(c) In clause 29.1(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 29.1(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 29.1(b), then no deduction can be made under clause 29.1(d).

(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

29.2 Job search entitlement

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

(b) The time off under clause 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.

30. Redundancy

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

30.1 Transfer to lower paid duties on redundancy

(a) Clause 30.1 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 30.1(c).

(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2 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 30 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.

30.3 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 30.3(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 30.3(b).

(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 29.2.

Schedule A—Classification Structure

A.1 Introductory level

A.1.1 This is an entry level position.

A.1.2 An employee at this level is undertaking training for a period of not more than 3 months which may include information on the workplace, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, workplace layout, work and documentation procedures, work health and safety, equal employment opportunity and quality control/assurances.

A.1.3 An employee at this level performs routine duties essentially of a manual nature and to the level of their training:

(a) performs general labouring and cleaning duties;

(b) exercises minimal judgment;

(c) works under direct supervision;

(d) undertakes training so as to enable them to work at Level 1; and

(e) assists on trade works and routine landscape tasks.

A.2 Level 1

An employee at this level performs simple or routine tasks essentially of a manual nature and to the level of their training:

(a) exercises minimal skills, knowledge and decision-making;

(b) works under direct supervision, and is given regular direction or guidance and results are constantly monitored; and

(c) undertakes general gardening/landscaping duties.

A.3 Level 2

An employee at this level performs work above and beyond the skills of an employee at Level 1 and to the level of their skills, competence and training:

(a) works in accordance with standard operating procedures and established criteria;

(b) works under direct supervision either individually or in a team environment;

(c) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

(d) understands and utilises basic statistical process control procedures;

(e) follows safe work practices and can report workplace hazards; and

(f) uses, and performs routine maintenance on, gardening tools and equipment.

A.4 Level 3

An employee at this level will have completed a course in horticulture at a recognised training institution and performs work above and beyond the skills of an employee at Level 2 and to the level of their skills, competence and training:

(a) is responsible for the quality of their own work subject to routine supervision;

(b) works under routine supervision either individually or in a team environment;

(c) exercises discretion within their level of skills and training;

(d) assists in the provision of on-the-job training; and

(e) is experienced in gardening work and has demonstrated competence in plant and lawn maintenance and development, tree and shrub identification and the use and care of lawn mowers, edging machines and rotary hoes.

A.5 Level 4

A.5.1 An employee at this level will have:

(a) completed a satisfactory period of apprenticeship in horticulture and possesses a recognised trade qualification;

(b) completed a Parks and Gardens Certificate III, a Landscaping Certificate III, a Greenkeeping Certificate III or equivalent; or

(c) not less than 3 years’ experience in practical horticulture and possesses the skills, knowledge and experience to perform work within the scope of this level.

A.5.2 An employee at this level performs work above and beyond a Level 3 employee and to the level of their skills, competence and training:

(a) understands and applies quality control techniques;

(b) exercises good interpersonal and communications skills;

(c) exercises discretion within the scope of this classification level;

(d) performs work under limited supervision either individually or in a team environment;

(e) performs work which while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training; and

(f) is able to inspect products and/or materials for conformity with established operational standards.

A.6 Level 5

A.6.1 An employee at this level:

(a) is a trades qualified person who has completed relevant post trade training at Certificate IV or Diploma level from a recognised Registered Training Organisation; or

(b) holds a trade certificate and/or possesses the skills, knowledge and experience to perform work within the scope of this level.

A.6.2 An employee at this level performs work above and beyond a Level 4 employee, and to the level of their skills, competence and training:

(a) works from complex instructions and procedures;

(b) assists in the provision of on-the-job training;

(c) co-ordinates work in a team environment or works individually under general supervision; and

(d) is responsible for assuring the quality of their own work.

A.6.3 An employee at this level may be in charge of gardens, engaged in maintenance and/or development of suburban areas, parks, gardens and specialised horticultural construction work.

Schedule B—Summary of Hourly Rates of Pay

[Varied by PR718919, PR729362, PR740787, PR762210, PR767903, PR773990]

B.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 17.2, this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.

B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 15.1. Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.

B.2 Full-time and part-time adult employees

B.2.1 Full-time and part-time employees—ordinary and penalty rates

[B.2.1 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

	Ordinary hours	Where an employer is subject to water restrictions		Public holidays
	Ordinary hours	Monday to Friday—outside 6 am to 6 pm	Saturday—before 6 am	Public holidays
	% of ordinary hourly rate¹
	100%	150%	150%	250%
	$	$	$	$
Introductory Level	23.46	35.19	35.19	58.65
Level 1	24.10	36.15	36.15	60.25
Level 2	24.98	37.47	37.47	62.45
Level 3	26.09	39.14	39.14	65.23
Level 4	27.17	40.76	40.76	67.93
Level 5	28.02	42.03	42.03	70.05

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.2 Full-time and part-time employees—overtime rates

[B.2.2 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

	Monday to Sunday		Public holidays
	First 2 hours	After 2 hours	Public holidays
	% of ordinary hourly rate¹
	150%	200%	250%
	$	$	$
Introductory Level	35.19	46.92	58.65
Level 1	36.15	48.20	60.25
Level 2	37.47	49.96	62.45
Level 3	39.14	52.18	65.23
Level 4	40.76	54.34	67.93
Level 5	42.03	56.04	70.05

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3 Casual adult employees

B.3.1 Casual employees—ordinary and penalty rates

[B.3.1 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

	Ordinary hours	Where an employer is subject to water restrictions		Public holidays
	Ordinary hours	Monday to Friday—outside 6 am to 6 pm	Saturday—before 6 am	Public holidays
	% of ordinary hourly rate¹
	125%	175%	175%	275%
	$	$	$	$
Introductory Level	29.33	41.06	41.06	64.52
Level 1	30.13	42.18	42.18	66.28
Level 2	31.23	43.72	43.72	68.70
Level 3	32.61	45.66	45.66	71.75
Level 4	33.96	47.55	47.55	74.72
Level 5	35.03	49.04	49.04	77.06

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4 Junior employees

The junior hourly rate is based on a percentage of the appropriate adult weekly rate (rounded to the nearest 10 cents) divided by 38 and rounded to the nearest cent in accordance with clause 15.2. Adult rates apply from 20 years of age in accordance with clause 15.2.

B.4.1 Full-time and part-time junior employees—ordinary and penalty rates

[B.4.1 varied by PR718919, PR729362, PR740787, PR762210, PR767903, PR773990 ppc 01Jul24]

Age	Junior weekly rate	Junior hourly rate—ordinary hours	Where an employer is subject to water restrictions		Public holidays
		Junior hourly rate—ordinary hours	Monday to Friday—outside 6 am to 6 pm	Saturday—before 6 am	Public holidays
		% of junior hourly rate¹
		100%	150%	150%	250%
	$	$	$	$	$
Introductory level
Under 18 years	624.10	16.42	24.63	24.63	41.05
18 years	713.20	18.77	28.16	28.16	46.93
19 years	802.40	21.12	31.68	31.68	52.80
Level 1
Under 18 years	641.10	16.87	25.31	25.31	42.18
18 years	732.70	19.28	28.92	28.92	48.20
19 years	824.30	21.69	32.54	32.54	54.23
Level 2
Under 18 years	664.40	17.48	26.22	26.22	43.70
18 years	759.40	19.98	29.97	29.97	49.95
19 years	854.30	22.48	33.72	33.72	56.20
Level 3
Under 18 years	693.90	18.26	27.39	27.39	45.65
18 years	793.00	20.87	31.31	31.31	52.18
19 years	892.20	23.48	35.22	35.22	58.70
Level 4
Under 18 years	722.60	19.02	28.53	28.53	47.55
18 years	825.80	21.73	32.60	32.60	54.33
19 years	929.10	24.45	36.68	36.68	61.13
Level 5
Under 18 years	745.30	19.61	29.42	29.42	49.03
18 years	851.80	22.42	33.63	33.63	56.05
19 years	958.20	25.22	37.83	37.83	63.05

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.2 Full-time and part-time junior employees—overtime rates

[B.4.2 varied by PR718919, PR729362, PR740787, PR762210, PR767903, PR773990 ppc 01Jul24]

	Monday to Sunday		Public holidays
	First 2 hours	After 2 hours	Public holidays
	% of junior hourly rate¹
	150%	200%	250%
	$	$	$
Introductory level
Under 18 years	24.63	32.84	41.05
18 years	28.16	37.54	46.93
19 years	31.68	42.24	52.80
Level 1
Under 18 years	25.31	33.74	42.18
18 years	28.92	38.56	48.20
19 years	32.54	43.38	54.23
Level 2
Under 18 years	26.22	34.96	43.70
18 years	29.97	39.96	49.95
19 years	33.72	44.96	56.20
Level 3
Under 18 years	27.39	36.52	45.65
18 years	31.31	41.74	52.18
19 years	35.22	46.96	58.70
Level 4
Under 18 years	28.53	38.04	47.55
18 years	32.60	43.46	54.33
19 years	36.68	48.90	61.13
Level 5
Under 18 years	29.42	39.22	49.03
18 years	33.63	44.84	56.05
19 years	37.83	50.44	63.05

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.3 Casual junior employees—ordinary and penalty rates

[B.4.3 varied by PR718919, PR729362, PR740787, PR762210, PR767903, PR773990 ppc 01Jul24]

Age	Casual junior hourly rate—ordinary hours	Where an employer is subject to water restrictions		Public holidays
	Casual junior hourly rate—ordinary hours	Monday to Friday—outside 6 am to 6 pm	Saturday—before 6 am	Public holidays
	% of junior hourly rate¹
	125%	175%	175%	275%
	$	$	$	$
Introductory level
Under 18 years	20.53	28.74	28.74	45.16
18 years	23.46	32.85	32.85	51.62
19 years	26.40	36.96	36.96	58.08
Level 1
Under 18 years	21.09	29.52	29.52	46.39
18 years	24.10	33.74	33.74	53.02
19 years	27.11	37.96	37.96	59.65
Level 2
Under 18 years	21.85	30.59	30.59	48.07
18 years	24.98	34.97	34.97	54.95
19 years	28.10	39.34	39.34	61.82
Level 3
Under 18 years	22.83	31.96	31.96	50.22
18 years	26.09	36.52	36.52	57.39
19 years	29.35	41.09	41.09	64.57
Level 4
Under 18 years	23.78	33.29	33.29	52.31
18 years	27.16	38.03	38.03	59.76
19 years	30.56	42.79	42.79	67.24
Level 5
Under 18 years	24.51	34.32	34.32	53.93
18 years	28.03	39.24	39.24	61.66
19 years	31.53	44.14	44.14	69.36

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5 Apprentices other than adult apprentices

The apprentice hourly rate is based on a percentage of the Level 4 adult rate in accordance with clause 15.3.

B.5.1 Apprentices other than adult apprentices commencing on or after 1 January 2014—ordinary and penalty rates

[B.5.1 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

	Apprentice hourly rate— ordinary hours	Where an employer is subject to water restrictions		Public holidays
	Apprentice hourly rate— ordinary hours	Monday to Friday—outside 6 am to 6 pm	Saturday—before 6 am
	% of apprentice hourly rate¹
	100%	150%	150%	250%
	$	$	$	$
Have not completed year 12
1st year	13.59	20.39	20.39	33.98
2nd year	16.30	24.45	24.45	40.75
3rd year	20.38	30.57	30.57	50.95
4th year	25.81	38.72	38.72	64.53
Have completed year 12
1st year	14.94	22.41	22.41	37.35
2nd year	17.66	26.49	26.49	44.15
3rd year	20.38	30.57	30.57	50.95
4th year	25.81	38.72	38.72	64.53

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5.2 Apprentices other than adult apprentices commencing on or after 1 January 2014—overtime

[B.5.2 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

	Monday to Sunday		Public holidays
	First 2 hours	After 2 hours	Public holidays
	% of apprentice hourly rate¹
	150%	200%	250%
	$	$	$
Have not completed year 12
1st year	20.39	27.18	33.98
2nd year	24.45	32.60	40.75
3rd year	30.57	40.76	50.95
4th year	38.72	51.62	64.53
Have completed year 12
1st year	22.41	29.88	37.35
2nd year	26.49	35.32	44.15
3rd year	30.57	40.76	50.95
4th year	38.72	51.62	64.53

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6 Adult apprentices

B.6.1 Adult apprentices commencing on or after 1 January 2014—ordinary hours

[B.6.1 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

		Minimum weekly rate	Minimum hourly rate
	Minimum wage rate¹	$	$
1st year	80% of adult Level 4 rate	825.84	21.74
2nd and 3rd year	Introductory Level rate	891.50	23.46
4th year	95% of adult Level 4 rate	980.69	25.81

¹ Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6.2 Adult apprentices commencing on or after 1 January 2014—penalty rates and overtime

[B.6.2 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

	Penalty rates – Where an employer is subject to water restrictions		Overtime – Monday to Sunday		Public holidays – All hours (including overtime)
	Monday to Friday—outside 6 am to 6 pm	Saturday—before 6 am	First 2 hours	After first 2 hours	Public holidays – All hours (including overtime)
	% of apprentice hourly rate ¹
	150%	150%	150%	200%	250%
	$	$	$	$	$
1st year	32.61	32.61	32.61	43.48	54.35
2nd and 3rd year	35.19	35.19	35.19	46.92	58.65
4th year	38.72	38.72	38.72	51.62	64.53

¹Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

Schedule C—Summary of Monetary Allowances

[Varied by PR718919, PR719071, PR729362, PR729544, PR740787, PR740950, PR750854, PR762210, PR762379, PR773990, PR774159]

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

C.1 Wage-related allowances

[C.1.1 varied by PR718919, PR729362, PR740787, PR762210, PR773990 ppc 01Jul24]

C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Level 4 Employee in clause 15.1 = $1032.30.

Allowance	Clause	% of standard rate	$	Payable
Leading hand in charge of—1–2 employees¹	17.3(a)(i)	2.0	20.65	per week
Leading hand in charge of—3–6 employees¹	17.3(a)(i)	4.0	41.29	per week
Leading hand in charge of—7–9 employees¹	17.3(a)(i)	5.0	51.62	per week
Leading hand in charge of—10 or more employees¹	17.3(a)(i)	7.0	72.26	per week
Vehicles and/or plant allowance	17.3(b)	0.6	6.19	per day
First aid allowance	17.3(c)	2.0	20.65	per week

¹ This allowance applies for all purposes.

C.1.2 Automatic adjustment of wage-related allowances

[C.1.2 renamed and substituted by PR750854 ppc 15Mar23]

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

C.2 Expense-related allowances

[C.2.1 varied by PR719071, PR729544, PR740950, PR762379, PR774159 ppc 01Jul24]

C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.4:

Allowance	Clause	$	Payable
Tool allowance—Tradespersons¹	17.4(a)(i)	15.83	per week
Vehicle allowance	17.4(b)	0.98	per km
Meal allowance—overtime of 1.5 hours or more immediately after ordinary hours	17.4(c)	18.36	per occasion

¹ This allowance applies for all purposes.

C.2.2 Adjustment of expense-related allowances

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

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

Allowance	Applicable Consumer Price Index figure
Tool allowance	Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group
Vehicle allowance	Private motoring sub-group
Meal allowance	Take away and fast foods sub-group

Schedule D—Supported Wage System

[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]

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

D.2 In this schedule:

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

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

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

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

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

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

D.3 Eligibility criteria

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

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

D.4 Supported wage rates

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

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

[D.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

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

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

D.5 Assessment of capacity

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

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

D.6 Lodgement of SWS wage assessment agreement

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

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

D.7 Review of assessment

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

D.8 Other terms and conditions of employment

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

D.9 Workplace adjustment

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

D.10 Trial period

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

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

[D.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

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

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

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

Schedule E—School-based Apprentices

E.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

E.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

E.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

E.4 For the purposes of clause E.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

E.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

E.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

E.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.

E.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.

E.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

E.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

E.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

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

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule G—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 H—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 I—Part-day Public Holidays deleted by PR747449 ppc 14Nov22]

[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]

Details

Title: Gardening and Landscaping Services Award 2020
Code: MA000101

Effective:

Updated:

Instrument Type: Modern Award

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

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MA000101

Gardening and Landscaping Services Award 2020

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