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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 PR733871, PR774843, PR777348]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

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

aquaculture industry has the meaning given in 4.2.

[Definition of casual employee inserted by PR733871 from 27Sep21; varied by PR777348 from 27Aug24]

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

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

continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

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 PR774843 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 PR774843 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).

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.

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

non-successive shift work means an afternoon or night shift which does not continue for at least:

(a) 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day enterprise (where no more than 8 ordinary hours are worked on each shift); or

(b) 38 ordinary hours (where more than 8 ordinary hours are worked on each shift and the shift arrangement is in accordance with clauses 13.2 and 13.3.

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.

rostered shift means any shift of which the employee concerned has had at least 14 days’ notice unless a lesser period has been agreed.

Saturday shift means any shift performed between midnight on Friday and midnight on Saturday.

shiftwork means work carried on in the form of at least 2 consecutive shifts of employees rostered to work during each 24 hour period.

[Definition of small business employer inserted by PR774843 from 01Jul24]

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

standard rate means the minimum weekly wage for the Aquaculture attendant—Level 4 classification in clause 16.1.

[Definition of workplace delegate inserted by PR774843 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 this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia engaged in the aquaculture industry and their employees in the classifications in Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 In this award, the aquaculture industry means the breeding, production, farming and related harvesting of fish, shellfish, crustacea and marine vegetation and ancillary operations including initial preparation for market.

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

4.4 This award covers employers which provide group training services for trainees engaged in the aquaculture industry and/or parts of the industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.2 are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award does not cover:

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

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

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

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

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and 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 PR763321 ppc 01Aug23]

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

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.

7. 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	Methods of arranging ordinary working hours	An individual or the majority of employees
14.1(b)	Rostering	The majority of employees
15.1(b)	Meal breaks—day workers	An individual
15.3(b)	Paid breaks	The majority of employees
17.1	Payment of wages—frequency	An individual or the majority of employees
17.2	Payment of wages—pay day	The majority of employees
18.3(d)(ii)	Travel time and allowance	The majority of employees
20.7	Time off instead of payment for overtime	An individual
20.8(c)	Breaks during overtime	An individual
20.9(d)	Rest period after overtime	An individual
21.2	Penalty rates and shiftwork—span of hours	An individual or the majority of employees
21.4(c)	Shiftwork on Sunday and public holiday shifts	The majority of employees
22.5	Annual leave in advance	An individual
22.10	Cashing out of annual leave	An individual
27.2	Substitution of public holidays by agreement	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 in writing of the terms of their engagement and in particular whether they are to be full‑time, part-time or casual.

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 38 ordinary hours per week;

(b) has reasonably predictable hours of work; and

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

10.2 At the time of engagement the employer and the part-time employee will agree in writing, on a regular pattern of work including the hours to be worked and the starting and finishing times on each day.

10.3 Any variation to this agreement will be recorded in writing.

10.4 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.

11. Casual employees

[Varied by PR733871, PR777348]

[11.1 deleted by PR733871 from 27Sep21]

11.1 Casual loading

[11.2 renumbered as 11.1 by PR733871 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid a rate made up of:

(i) the minimum hourly rate; and

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

for the classification in which they are employed.

(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination and redundancy benefits.

[11.3 renumbered as 11.2 by PR733871 from 27Sep21]

11.2 A casual employee working:

(a) overtime as prescribed in clause 20—Overtime;

(b) on a public holiday as prescribed in clause 27—Public holidays; or

(c) on Saturday or Sunday as prescribed in clause 13.2,

will be paid at the penalty rate applicable to a full-time employee and is not paid the casual loading in addition.

[11.4 renumbered as 11.3 by PR733871 from 27Sep21]

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

11.4 Changes to casual employment status

[11.5 renumbered as 11.4 and renamed and substituted by PR733871; renamed and substituted by PR777348 from 27Aug24]

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

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.

12. Classifications

Employees covered by this award must be classified according to the structure set out in Schedule A—Classification Definitions and paid the minimum wages set out in clause 16—Minimum rates.

Part 3—Hours of Work

13. Ordinary hours of work

[Varied by PR730913]

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

13.2 Ordinary hours of work—day workers

(a) Ordinary hours of work may be worked on any 5 days, Monday to Sunday inclusive.

(b) The ordinary hours are to be worked continuously, except for meal breaks, at the discretion of the employer, between 5.00 am and 7.00 pm up to a maximum of 10 hours a day.

[New 13.2(c) inserted by PR730913 ppc 01Jul21]

(c) The span of hours (5.00 am to 7.00 pm) over which shifts may be worked may be moved up to one hour forward or one hour back by agreement between an employer and:

(i) the majority of employees at the workplace;

(ii) the majority of employees in a discrete section of the workplace; or

(iii) an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

[13.2(c) renumbered as 13.2(d) by PR730913 ppc 01Jul21]

(d) Subject to clause 13.4, the ordinary hours of work for a day worker will not exceed 38 hours per week on average, over a maximum of 12 weeks.

[13.2(d) renumbered as 13.2(e) by PR730913 ppc 01Jul21]

(e) Any work performed in excess of or outside the spread of hours must be paid in accordance with clause 20—Overtime.

[13.2(e) renumbered as 13.2(f) by PR730913 ppc 01Jul21]

(f) Where an employee was employed before 12 July 2013, the employee cannot be required to work shiftwork, unless the employee otherwise agrees.

13.3 Ordinary hours of work—shiftworkers

(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(b) Subject to clause 14.1, the ordinary hours of work for continuous and non-continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.

13.4 Methods of arranging ordinary working hours

(a) Subject to:

(i) the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 13.2(a) and 13.2(b); and

(ii) the employer’s right to fix the starting and finishing time of shifts from time to time,

the employer and the majority of affected employees in the enterprise or part of the enterprise must agree on the arrangement of ordinary working hours.

(b) Clause 13.4(a) does not prevent the employer from reaching agreement with individual employees about how their working hours are to be arranged.

(c) The matters on which agreement may be reached include:

(i) how the hours are to be averaged within a work cycle established in accordance with clauses 13.2 and 13.3 provided the maximum ordinary hours will be 10 per day or shift;

(ii) the length of the work cycle for day workers provided that the length is not longer than 12 weeks. The 12 week period may be extended to 26 weeks provided that the daily ordinary hours will be a maximum of 10 ordinary hours and provided that the majority of the employees in the section or sections concerned agree by means of a vote.

(iii) rosters which specify the starting and finishing times of working hours;

(iv) a period of notice of a rostered day off which is no less than 4 weeks;

(v) substitution of rostered days off;

(vi) accumulation of rostered days off;

(vii) arrangements which allow for flexibility in relation to the taking of rostered days off.

13A. Employee right to disconnect

[13A inserted by PR778098 from 26Aug24]

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

NOTE:

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

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

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

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

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

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

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

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

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

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

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

14. Rostering arrangements

14.1 Rostering

(a) The employer and the majority of affected employees may agree on a roster system that operates on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed 12 weeks.

(b) The majority of employees in the affected section or sections may vote to agree that the 12 week period be extended to 26 weeks, provided that the daily maximum does not exceed 10 ordinary hours.

(c) Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

15. Breaks

15.1 Meal breaks—day workers

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

(b) For the purpose of ensuring completion of a task or tasks before change of tide or to ensure the timely return of fish to a growing or holding area in the water, the employer and employee may agree that the employee take a meal break at some other time prior to finishing work on that day.

15.2 Paid meal breaks—shiftworkers

A shiftworker is entitled to a 20 minute meal break on each shift that is counted as time worked. This paid break is in lieu of the day work unpaid break set out in clause 15.1.

15.3 Paid breaks

(a) Employees will be allowed a paid break of 10 minutes during the morning and afternoon periods of each working day, at a time to be arranged by the employer.

(b) The afternoon break provided in clause 15.3(a) will not be taken in any establishment where the majority of employees agree to not take the break and finish normal work 10 minutes earlier each day.

(c) Paid breaks may be staggered throughout the day and taken at times which suit operational requirements and are consistent with the employer’s fatigue management plan.

15.4 Breaks during overtime

An employee working overtime may be entitled to an additional break in accordance with clause 20.8.

Part 4—Wages and Allowances

16. Minimum rates

[Varied by PR720159, PR718932, PR729376, PR740800, PR762223, PR774005]

[16.1 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

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

Employee classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
	$	$
Aquaculture Attendant Level 1	891.50	23.46
Aquaculture Attendant Level 2	903.90	23.79
Aquaculture Attendant Level 3	984.50	25.91
Aquaculture Attendant Level 4	1032.30	27.17

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

16.2 Junior employees must be paid the following percentage of the appropriate adult minimum weekly wage in clause 16.1.

Age	%
Under 17 years of age	60
17 years of age	70
18 years of age	80
19 years of age	90
20 years of age	100

16.3 School-based apprentices

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

16.4 Higher duties

(a) An employee required by the employer to perform work at a higher classification level for more than 2 hours, will be paid for all work done on that day at the rate applicable for that higher level.

(b) If the work at the higher classification level does not exceed 2 hours, the employee will be paid the higher rate for the actual time worked at the higher level.

16.5 Supported wage system

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

16.6 National training wage

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

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

[16.6(b) varied by PR720159 ppc 18Jun20, PR718932, PR729376, PR740800, PR762223, PR774005 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 Aquaculture Industry Award 2020 and not the Miscellaneous Award 2020.

17. Payment of wages

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

17.1 Period of payment

(a) By agreement between an employer and an employee, wages will be paid either weekly or fortnightly.

(b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid 3 weekly, 4 weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

(c) Payment will be no later than Thursday in the agreed pay period.

(d) By agreement between the employer and the majority of employees, wages may be paid on a day later than Thursday.

17.2 Method of payment

(a) Wages may be paid by cash, cheque or electronic funds transfer into a nominated bank or financial institution account, as agreed between an employer and an employee.

(b) If payment is by cash or cheque, wages will be paid during ordinary working hours.

17.3 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 17.3(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 17.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3. 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.

18. Allowances

[Varied by PR718932, PR719084, PR729376, PR729557, PR740800, PR740963, PR762223, PR762394, PR774005, PR774172]

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

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.

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

18.2 Wage-related allowances

(a) First aid allowance

[18.2(a) varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

An allowance of $3.51 per working day will be paid to any employee holding first aid qualifications from St John Ambulance and appointed by the employer to perform first aid duty.

(b) Diving allowance

[18.2(b) varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Finfish attendants who are required by the employer to undertake diving duties will receive an allowance of $4.85 per hour or part thereof, where diving equipment, excluding tools, is supplied by the employer.

18.3 Expense-related allowances

(a) Finfish attendants—diving equipment

[18.3(a) varied by PR719084, PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

Finfish attendants, who supply their own diving equipment, excluding tools, will be paid an allowance of $6.81 per hour or part thereof in addition to the amount prescribed in clause 18.2(b).

(b) Meal allowance

[18.3(b)(i) varied by PR719084, PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

(i) An employee required to work overtime for more than 2 hours will either be supplied with a meal by the employer or paid $21.26.

[18.3(b)(ii) varied by PR719084, PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

(ii) An employee is additionally required to be supplied with a meal by the employer or paid $21.26 on each occasion after the first occasion the employee is required to be provided with an overtime crib break in accordance with clause 20.8(a) unless the employer has advised the employee on the previous day or earlier of:

· a requirement to work overtime; and

· that the requirement will necessitate that the employee have a second or subsequent meal.

[18.3(b)(iii) varied by PR719084, PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

(iii) If an employee, in accordance with notice provided by the employer the previous day or earlier of the amount of overtime to be worked, has provided a meal or meals, and is not required to work overtime or is required to work an amount of overtime that is less than 2 hours in the case of the first meal, or less than 4 hours in the case of the second meal, or less than an additional 4 hours in the case of a subsequent meal, they will be paid $21.26 for each surplus meal provided.

Employees required to use tools will be:

(i) supplied with all tools by the employer; or

[18.3(c)(ii) varied by PR719084, PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

(ii) be paid a tool allowance of $11.52 per week.

(d) Travel time and allowance

(i) An employee required to work at a workplace away from the usual workplace;

· will, at the direction of the employer, present for work at such workplace at the usual starting time; and

· all time reasonably spent in reaching and returning from such workplace (in excess of the time normally spent in travelling from the employee’s home to their usual workplace and returning) will be paid at ordinary rates of pay.

(ii) When a tuna fish farm is located away from the shore so that some means of transport is necessary for an employee to pass between the shore and the tuna farm before starting and after finishing work, the employee will be paid at ordinary rates of pay for the time:

· spent travelling before starting and after finishing work; or

· necessarily waiting for the means of transport.

If the majority of the employees agree, by means of a vote, that time will not count as part of the daily working time, except that the provisions of clause 20.8 will continue to apply.

(iii) Clause 18.3(d)(ii) only applies to trips longer than 30 minutes during which an employee is travelling, resting or in a state of rest and recline.

(iv) Where an employee is required to engage in the performance of work tasks during travel or waiting time, or where the majority of the employees have not agreed in accordance with clause 18.3(d)(ii), time spent travelling will be counted as daily working time.

(v) Where an employee is required to remain away from their usual place of residence, the employee will be paid for all expenses reasonably incurred while required to do so.

[18.3(d)(vi) varied by PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

(vi) Where an employee, with the approval of the employer, is required to use a private motor vehicle, the employee will be paid $0.98 per kilometre travelled.

(e) Protective clothing and equipment

Where an employee is required to wear protective clothing which is not provided by the employer (e.g. oilskins, gumboots, overalls, goggles, safety boots etc.), the employer must reimburse the employee for the cost of purchasing such protective clothing and equipment.

19. Superannuation

[Varied by PR771390]

19.1 Superannuation legislation

[19.1 substituted by PR771390 ppc 09Apr24]

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

(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

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

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

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

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

19.2 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.

19.3 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 19.2.

(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 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4 Superannuation fund

[19.4 varied by PR771390 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) AustralianSuper;

(b) Austsafe Super Pty Ltd;

(c) Prime Super;

(d) Tasplan;

(e) 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

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

Part 5—Overtime and Penalty Rates

20. Overtime

[Varied by PR747472, PR763321]

20.1 Definition of overtime

(a) Overtime work is any work performed:

(i) outside the spread of ordinary hours on any day or shift as defined in clauses 13.2, 13.3 and 21;

(ii) in excess of 38 hours per week or in excess of 10 hours per day; or

(iii) by an employee on a shift other than a rostered shift.

(b) In computing overtime, each day’s work will stand alone.

(c) Overtime is not paid when the time worked is:

(i) by arrangement between the employees themselves; or

(ii) for the purposes of effecting the customary rotation of shifts.

20.2 Payment for overtime—workers other than continuous shiftworkers

(a) Employees will be paid the following rates for overtime worked:

(i) 150% of the minimum hourly rate for the first 3 hours; and

(ii) 200% of the minimum hourly rate thereafter.

(b) Casual employees will be paid the rates in clause 20.2(a) for any overtime worked instead of the rate prescribed in clause 11.1.

20.3 Payment for overtime—continuous shiftworkers

(a) A continuous shiftworker working overtime will be paid 200% of the minimum hourly rate.

(b) Casual employees will be paid at the rate in clause 20.3(a) for any overtime worked instead of the rate prescribed in clause 11.1.

20.4 Saturday work—day workers

A day worker required to work overtime on a Saturday must be paid 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate thereafter with a minimum payment period of 3 hours, except where the overtime is continuous with overtime commenced on the previous day.

20.5 Sunday work

An employee required to work overtime on a Sunday must be paid for a minimum of 3 hours’ work at the rate of 200%. The 200% is to be paid until the employee is relieved from duty.

20.6 Public holiday work

(a) A day worker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250%. The 250% is to be paid until the employee is relieved from duty.

(b) A continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 200%.

(c) A non-continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250%. The 250% is to be paid until the employee is relieved from duty.

[20.6 inserted by PR747472 ppc 14Nov22]

(d) 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 20.6.

20.7 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.7.

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

NOTE: An example of the type of agreement required by clause 20.7 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.7 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 20.7 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 20.7 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 20.7(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 20.7 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 20.7 will apply, including the requirement for separate written agreements under clause 20.7(b) for overtime that has been worked.

[Note varied by PR763321 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 20.7 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 20.7.

20.8 Breaks during overtime

(a) An employee working overtime will be allowed a crib break of 20 minutes, without deduction of pay, after each 4 hours of overtime worked if the employee is to continue work after the crib break.

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

(c) An employer and employee may agree to any variation of the provisions of clause 20.8 to meet the circumstances of the work at hand provided that the employer will not be required to make payment in respect of any time allowed in excess of 20 minutes.

20.9 Rest period after overtime

(a) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty after finishing the overtime.

(b) An employee who works so much overtime that they will not have at least 10 consecutive hours off duty between completing the overtime and commencing ordinary work must, subject to clause 20.9, be released after completing such overtime until they have at least 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If on the instructions of the employer an employee resumes or continues work without having had 10 consecutive hours off duty the employee must be paid 200% of the minimum hourly rate until the employee is released from duty. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) By agreement between the employer and individual employee, the 10 hour break provided for in clause 20.9 may be reduced to a period of no less than 8 hours.

(e) The provisions of clause 20.9 will apply in the case of a shiftworker as if 8 hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker; or

(iii) where a shift is worked by arrangement between the employees themselves.

21. Penalty rates and shiftwork

[Varied by PR747472]

21.1 Definitions

(a) Shiftwork means work carried on in the form of at least 2 consecutive shifts of employees rostered to work during each 24 hour period.

(b) Rostered shift means any shift of which the employee concerned has had at least 14 days’ notice unless a lesser period has been agreed.

(c) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

(d) Night shift means any shift finishing after midnight and at or before 8.00 am.

(e) Saturday shift means any shift performed between midnight on Friday and midnight on Saturday.

(f) Non-successive shift means an afternoon or night shift which does not continue for at least:

(i) 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day enterprise (where no more than 8 ordinary hours are worked on each shift); or

(ii) 38 ordinary hours (where more than 8 ordinary hours are worked on each shift and the shift arrangement is in accordance with clause 13.3—Ordinary hours of work—shiftworkers).

(g) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

21.2 Where the employer and the majority of employees concerned or in appropriate cases an individual employee agree, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.

21.3 Shiftwork penalty rates

(a) An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:

Shift		Penalty rate	Casual penalty rate (inclusive of 25% loading)
Afternoon		115%	140%
Night		130%	155%
Non-successive afternoon or night	First 3 hours	150%	175%
Non-successive afternoon or night	After 3 hours	200%	225%
Saturday		150%	175%
Sunday	Continuous shiftworker	200%	225%
Sunday	Non-continuous shiftworker	200%	225%
Public holiday	Continuous shiftworker	200%	225%
Public holiday	Non-continuous shiftworker	250%	275%
^1.The rates for working on Saturday, Sunday and public holiday shifts is in substitution for and not cumulative upon the afternoon, night and non-successive afternoon or night shift rates.

21.4 Shiftwork on Sunday and public holiday shifts

(a) Where a shift starts between 11.00 pm and midnight on a Sunday or public holiday, the time worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift.

(b) The time worked by an employee on a shift starting before midnight on the day before a Sunday or public holiday and extending into the Sunday or public holiday must be regarded as time worked on the Sunday or public holiday.

(c) Where a shift falls partly on a public holiday, the shift which has the major portion falling on the public holiday must be regarded as the public holiday shift. By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the public holiday shift instead.

21.5 Penalty rates—day workers

(a) The rate to be paid to a day worker for ordinary time worked on a Saturday is 125%.

(b) The rate to be paid to a day worker for ordinary time worked on a Sunday is 150%.

(c) A day worker required to work on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250%. The 250% rate must be paid to the employee until the employee is relieved from duty.

[21.5(d) inserted by PR747472 ppc 14Nov22]

Part 6—Leave and Public Holidays

22. Annual leave

[Varied by PR751111]

22.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

22.2 Definition of shiftworker

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

22.3 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 section 90(1) of the Act, 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 rate prescribed in clause 16—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).

22.4 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 22 an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

22.5 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 22.5 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 22.5 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 22.5, 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.

22.6 Excessive leave accruals: general provision

NOTE: Clauses 22.6 to 22.8 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 22.2).

(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 22.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 22.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.7 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 22.6(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 22.7(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 22.6, 22.7 or 22.8 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 22.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.7(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 22.7(d) may result in the direction ceasing to have effect. See clause 22.7(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.

22.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.6(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 22.8(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 22.7(a) that, when any other paid annual leave arrangements (whether made under clause 22.6, 22.7 or 22.8 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 22.8(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 22.6, 22.7 or 22.8 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 22.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 22.8(a).

22.9 Direction to take annual leave during shutdown

[22.9 renamed and substituted by PR751111 ppc 01May23]

(a) Clause 22.9 applies if an employer:

(i) intends to shut down all or part of its operation for a particular period for the purpose, amongst 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 between the employer and the majority of relevant employees.

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.9(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.

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

(e) A direction by the employer under clause 22.9(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 22.9(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.9(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 22.5.

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

(j) Clauses 22.6 to 22.8 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 22.9.

22.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.10.

(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 22.10 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 22.10 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 22.10 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 22.10.

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 22.10.

NOTE 3: An example of the type of agreement required by clause Schedule H—Agreement to Cash Out Annual Leave 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.

23. Personal/carer’s leave and compassionate leave

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

24. Parental leave and related entitlements

[24 varied by PR763321 ppc 01Aug23]

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

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.

25. Community service leave

Community service leave is provided for in the NES.

26. Family and domestic violence leave

[26—Unpaid family and domestic violence leave renamed and substituted by PR750428 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.

27. Public holidays

[Varied by PR747472]

27.1 Public holidays are provided for in the NES.

27.2 Substitution of public holidays by agreement

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

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

27.3 Where an employee works on a public holiday or another day substituted in accordance with clause 27.2 they will be paid in accordance with clauses 20.6, 21.3 or 21.5(c).

[27.4 deleted by PR747472 ppc 14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774843 from 01Jul24]

27A Workplace delegates’ rights

[27A inserted by PR774843 from 01Jul24]

27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 27A.

27A.2 In clause 27A:

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

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

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

27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

27A.5 Right of representation

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

(a) consultation about major workplace change;

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

(c) resolution of disputes;

(d) disciplinary processes;

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

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

27A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

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

27A.7 Entitlement to reasonable access to the workplace and workplace facilities

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

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

(ii) a physical or electronic noticeboard;

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

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

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

(b) The employer is not required to provide access to or use of a workplace facility under clause 27A.7(a) if:

(i) the workplace does not have the facility;

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

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

27A.8 Entitlement to reasonable access to training

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

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

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

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

(ii) regular casual employees.

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

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

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

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

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

27A.9 Exercise of entitlements under clause 27A

(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

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

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

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

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

(b) Clause 27A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c) Clause 27A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

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

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

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

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 27A.

28. Consultation about major workplace change

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

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

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

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

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

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

28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).

28.5 In clause 28 significant effects, on employees, includes any of the following:

(a) termination of employment; or

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

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

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

(e) alteration of hours of work; or

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

(g) job restructuring.

28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.

29. Consultation about changes to rosters or hours of work

29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

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

(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(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.

29.4 The employer must consider any views given under clause 29.3(b).

29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

30. Dispute resolution

[Varied by PR763321, PR777348, PR778098]

30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

30.2 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.

30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.

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

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

30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.

30.8 While procedures are being followed under clause 30 in relation to a dispute:

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

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

30.9 Clause 30.8 is subject to any applicable work health and safety legislation.

30.10 The parties must co-operate to ensure that the dispute resolution procedure is carried out in a timely manner and in good faith.

[Note 1 and Note 2 inserted by PR763321; deleted by PR778098 from 26Aug24]

[Note inserted by PR778098 from 26Aug24; varied by PR777348 from 27Aug24]

NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:

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

Part 8—Termination of employment and Redundancy

31. Termination of employment

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

31.1 Notice of termination by an employee

(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(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 31.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 31.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 31.1(b), then no deduction can be made under clause 31.1(d).

(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.

31.2 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 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.

32. Redundancy

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

32.1 Transfer to lower paid duties on redundancy

(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

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

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 32.1(c).

(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

32.2 Employee leaving during redundancy notice period

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

(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

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

32.3 Job search entitlement

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

(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).

(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 31.2.

Schedule A—Classification Definitions

A.1 Aquaculture Attendant Level 1

A.1.1 Finfish stream

A finfish attendant Level 1 means a person who has been employed for less than 4 months to:

(a) operate boats (including loading and unloading boats);

(b) moor pens;

(c) wash and change nets; and/or

(d) move materials and equipment.

A.1.2 Shellfish stream

A shellfish attendant Level 1 means a person who has been employed for less than 4 months in the industry and who is engaged on either an inter-tidal, deep water or land-based shellfish enterprise to perform with supervision some or all of the following:

(a) operating boats or punts;

(b) loading, unloading, moving, packing, constructing of shellfish culture mediums (including baskets, cages, droplines and oyster racking);

(c) recording data; and/or

(d) operating mechanical equipment such as grading machines; preparation of product for market/transport as well as the general maintenance duties.

A.2 Aquaculture Attendant Level 2

A.2.1 Finfish stream

A finfish attendant Level 2 means a person with more than 4 months’ service with one or more employer who is employed in finfish aquaculture to:

(a) operate boats (including loading and unloading boats);

(b) moor pens;

(c) wash and change nets; and/or

(d) move materials and equipment and prepare the product for market/transport.

A.2.2 Shellfish stream

A shellfish attendant Level 2 means an employee who has completed at least 4 months’ service as a shellfish attendant Level 1 and in addition is capable of performing, without constant supervision, some or all of the following functions:

(a) operating boats or punts;

(b) loading, unloading, moving, packing, constructing of shellfish culture mediums (including baskets, cages, droplines and oyster racking);

(c) recording data; and/or

(d) operating mechanical equipment such as grading machines, preparation of product for market/transport, as well as general maintenance duties.

A.3 Aquaculture Attendant Level 3

A.3.1 Finfish stream

A finfish attendant Level 3 is an employee who has demonstrated the competency to perform the tasks as below:

(a) harvest fish (including bleeding) and preparation for market/transport;

(b) husband fish (including observing, separating, mortality retrieval, feeding); and/or

(c) carry out general housekeeping and maintenance.

A.3.2 Shellfish stream

A shellfish attendant Level 3 means an employee who, in addition to performing some or all of the functions of shellfish attendant Level 2 may be required to accept responsibility for acting in a minor supervisory capacity in directing the work of other employees.

A.4 Aquaculture Attendant Level 4

A.4.1 Finfish stream

A Finfish attendant Level 4 means a person who has been employed to perform the following:

(a) husband fish (including observing, separating, mortality retrieval, feeding);

(b) carry out general housekeeping and maintenance;

(c) carry out basic net repairs; and/or

(d) may be required to perform diving duties.

A.4.2 Shellfish stream

A shellfish attendant Level 4 is an employee who, in addition to performing some or all of the functions of shellfish attendant Level 3, directs the work of other employees and accepts responsibility for acting in charge.

Schedule B—Summary of Hourly Rates of Pay

[Varied by PR718932, PR729376, PR740800, PR762223, PR774005]

B.1 Full-time and part-time employees

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

[B.1.1 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Employee classification	Ordinary hours	Saturday	Sunday	Public holiday
	% of minimum hourly rate
	100%	125%	150%	250%
	$	$	$	$
Aquaculture Attendant Level 1	23.46	29.33	35.19	58.65
Aquaculture Attendant Level 2	23.79	29.74	35.69	59.48
Aquaculture Attendant Level 3	25.91	32.39	38.87	64.78
Aquaculture Attendant Level 4	27.17	33.96	40.76	67.93

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

[B.1.2 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Employee classification	Day	Afternoon	Night	Non-successive afternoon or night¹		Saturday	Sunday	Public holiday
				First 3 hours	After 3 hours			All ordinary hours on PH² – non-cont s’worker	Major portion of shift on PH² – cont s’worker
	% of minimum hourly rate
	100%	115%	130%	150%	200%	150%	200%	250%	200%
	$	$	$	$	$	$	$	$	$
Aquaculture Attendant Level 1	23.46	26.98	30.50	35.19	46.92	35.19	46.92	58.65	46.92
Aquaculture Attendant Level 2	23.79	27.36	30.93	35.69	47.58	35.69	47.58	59.48	47.58
Aquaculture Attendant Level 3	25.91	29.80	33.68	38.87	51.82	38.87	51.82	64.78	51.82
Aquaculture Attendant Level 4	27.17	31.25	35.32	40.76	54.34	40.76	54.34	67.93	54.34

¹Non-successive afternoon or night which does not continue for at least 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day enterprise or for at least 38 ordinary hours (see clause 21.1(f)).

²PH = public holiday.

B.2 Casual employees

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

[B.2.1 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Employee classification	Day	Saturday	Sunday	Public holiday
	% of minimum hourly rate
	125%	125%	150%	250%
	$	$	$	$
Aquaculture Attendant Level 1	29.33	29.33	35.19	58.65
Aquaculture Attendant Level 2	29.74	29.74	35.69	59.48
Aquaculture Attendant Level 3	32.39	32.39	38.87	64.78
Aquaculture Attendant Level 4	33.96	33.96	40.76	67.93

B.2.2 Casual shiftworkers—ordinary and penalty rates

[B.2.2 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Employee classification	Day	Afternoon	Night	Non-successive afternoon or night¹		Saturday	Sunday	Public holiday
Employee classification	Day	Afternoon	Night	First 3 hours	After 3 hours	Saturday	Sunday	All ordinary hours on PH²– non-cont s’worker	Major portion of shift on PH²– cont s’worker
	% of minimum hourly rate
	125%	140%	155%	175%	225%	175%	225%	275%	225%
	$	$	$	$	$	$	$	$	$
Aquaculture Attendant Level 1	29.33	32.84	36.36	41.06	52.79	41.06	52.79	64.52	52.79
Aquaculture Attendant Level 2	29.74	33.31	36.87	41.63	53.53	41.63	53.53	65.42	53.53
Aquaculture Attendant Level 3	32.39	36.27	40.16	45.34	58.30	45.34	58.30	71.25	58.30
Aquaculture Attendant Level 4	33.96	38.04	42.11	47.55	61.13	47.55	61.13	74.72	61.13

²PH = public holiday.

B.3 Overtime

B.3.1 Full-time, part-time and casual employees other than shiftworkers

[B.3.1 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Employee classification	Monday to Saturday		Sunday – all day	Public holiday
Employee classification	first 3 hours	after 3 hours	Sunday – all day	Public holiday
	% of minimum hourly rate
	150%	200%	200%	250%
	$	$	$	$
Aquaculture Attendant Level 1	35.19	46.92	46.92	58.65
Aquaculture Attendant Level 2	35.69	47.58	47.58	59.48
Aquaculture Attendant Level 3	38.87	51.82	51.82	64.78
Aquaculture Attendant Level 4	40.76	54.34	54.34	67.93

B.3.2 Full-time, part-time and casual shiftworkers

[B.3.2 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

Employee classification	Non-continuous shiftworkers				Continuous shiftworkers
	Monday to Saturday		Sunday – all day	Public holiday	Monday to Sunday	Public holiday
	first 3 hours	after 3 hours	Sunday – all day	Public holiday	Monday to Sunday	Public holiday
	% of minimum hourly rate
	150%	200%	200%	250%	200%	200%
	$	$	$	$	$	$
Aquaculture Attendant Level 1	35.19	46.92	46.92	58.65	46.92	46.92
Aquaculture Attendant Level 2	35.69	47.58	47.58	59.48	47.58	47.58
Aquaculture Attendant Level 3	38.87	51.82	51.82	64.78	51.82	51.82
Aquaculture Attendant Level 4	40.76	54.34	54.34	67.93	54.34	54.34

Schedule C—Summary of Monetary Allowances

[Varied by PR718932, PR719084, PR729376, PR729557, PR740800, PR740963, PR750867, PR762223, PR762394, PR774005, PR774172]

See clause 18—Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances

[C.1.1 varied by PR718932, PR729376, PR740800, PR762223, PR774005 ppc 01Jul24]

C.1.1 The following wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for the Aquaculture Attendant—Level 4 classification in clause 16.1 = $1032.30.

Allowance	Clause	% of standard rate	$	Payable
First aid allowance	18.2(a)	0.34	3.51	per working day
Diving allowance—finfish attendants	18.2(b)	0.47	4.85	per hour or part thereof

C.1.2 Automatic adjustment of wage-related allowances

[C.1.2 renamed and substituted by PR750867 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 PR719084, PR729557, PR740963, PR762394, PR774172 ppc 01Jul24]

C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:

Allowance	Clause	$	Payable
Finfish attendants—diving equipment (in addition to diving allowance under clause 18.2(b))	18.3(a)	6.81	per hour or part thereof
Meal allowance—overtime of more than 2 hours—first meal	18.3(b)(i)	21.26	per occasion
Meal allowance—overtime of more than 2 hours—second/subsequent meal	18.3(b)(ii)	21.26	per occasion
Meal allowance—overtime of more than 2 hours—not required to work or less work than advised—surplus meal	18.3(b)(iii)	21.26	per surplus meal
Tool allowance	18.3(c)(ii)	11.52	per week
Travelling time and allowance—use of private vehicle	18.3(d)(vi)	0.98	per km

C.2.2 Adjustment of expense-related allowances

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

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

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

Schedule D—School-based Apprentices

D.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.

D.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.

D.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.

D.4 For the purposes of clause D.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.

D.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.

D.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.

D.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.

D.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.

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration). 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.

D.10 If an apprentice converts from school-based to full-time, 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.

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

Schedule E—Supported Wage System

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

E.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.

E.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.

E.3 Eligibility criteria

E.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.

E.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.

E.4 Supported wage rates

E.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 E.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

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

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

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

E.5 Assessment of capacity

E.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.

E.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.

E.6 Lodgement of SWS wage assessment agreement

E.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.

E.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.

E.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.

E.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.

E.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.

E.10 Trial period

E.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.

E.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.

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

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

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

E.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 E.5.

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 PR747472 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: Aquaculture Industry Award 2020
Code: MA000114

Effective:

Updated:

Instrument Type: Modern Award

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MA000114

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

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

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MA000114

Aquaculture Industry Award 2020

Details

Versions

FWC Award

Variations

Summaries

Disclaimer