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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 PR733928, PR774845, PR777351]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

admission means admission as a practitioner of the Supreme Court of any State or Territory in the Commonwealth of Australia.

[Definition of casual employee inserted by PR733928 from 27Sep21; varied by PR777351 from 27Aug24]

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

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

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

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

[Definition of employee organisation inserted by PR774845 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 PR774845 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).

law clerk means a clerk who is engaged for the major part of their time in interviewing clients, preparing documents and general work assisting a barrister or solicitor in their practice, but will not include account clerks, law graduates, titles office clerks, receptionists and employees principally engaged in word processing, computer use, filing, machine operation, switchboard, delivery of documents or duties of a routine nature.

law graduate means an employee who has completed a qualification in law and is undertaking a period of training within a law firm in satisfaction of requirements prescribed under relevant legislation in order to be admitted to practice as an Australian Lawyer but shall not include a lawyer that is admitted to practice as an Australian Lawyer or in a foreign jurisdiction.

legal clerical and administrative employee means an employee in the clerical and administrative stream.

legal services industry has the meaning given in clause 4.2.

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

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

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

[Definition of small business employer inserted by PR774845 from 01Jul24]

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

standard rate means the minimum weekly wage for a Level 2 employee in clause 15—Minimum rates.

work experience clerk means a person, whether a student or not, who is employed for not more than 2 months in any consecutive period of 12 months for the purposes of gaining experience, but does not include law students or any person who is undertaking work experience according to the provisions of the relevant State or Territory legislation or secondary school student on a formal work program.

[Definition of workplace delegate inserted by PR774845 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 in the legal services industry and their employees in the classifications listed in Schedule A—Classifications to the exclusion of any other modern award.

4.2 The legal services industry means employers engaged in the business of providing legal and legal support services.

4.3 The award does not cover employers in the following industries:

(a) community legal centres;

(b) aboriginal legal services; or

(c) an employer whose primary activity is not within the legal services industry.

4.4 This award covers any employer which supplies labour on an on-hire basis in the legal services industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for trainees engaged in the legal services industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.1 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award does not cover:

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

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

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

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

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

6. Requests for flexible working arrangements

[6 substituted by PR763323 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 31—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:
13.1(c)(ii)	Spread of hours of work	The majority of employees
13.2(c)	Shiftworkers—roster system	The majority of employees
13.3(b)	Methods of arranging ordinary working hours	An individual
13.6	Make-up time	An individual
16.1	Payment of wages	An individual
20.4(d)	Rest break	An individual
20.5	Time off instead of payment for overtime	An individual
20.6(c)	Rest period after overtime	An individual
21.2	Shiftwork—span of hours	An individual or the majority of employees
21.4(c)(iv)	Shiftwork—rate for working on a public holiday	The majority of employees
22.6	Annual leave in advance	An individual
22.11	Cashing out of annual leave	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 the employer will inform the employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.

9. Full-time employees

9.1 A full-time employee is engaged to work 38 ordinary hours per week.

9.2 Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work less than 38 ordinary hours per week on a reasonably predictable basis; and

(b) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees.

10.2 A part-time employee must be paid the minimum hourly rate prescribed for the relevant classification in clause 15—Minimum rates for each ordinary hour worked.

10.3 Before starting part-time employment, the employer and the employee must agree in writing:

(a) upon a regular pattern of work, specifying at least the numbers of hours worked each day, the days of the week upon which the employee will work and the starting and finishing times for the work; and

(b) the classification applying to the work to be performed.

The terms of this agreement may be varied by consent. Any variation to the agreement must be in writing and retained by the employer. A copy of the agreement and any variation to it must be provided to the employee by the employer.

10.4 The minimum period of engagement applying to part-time employees is 3 hours.

10.5 A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with clause 10.3 must be paid overtime in accordance with clause 20—Overtime.

11. Casual employees

[Varied by PR723995, PR733928, PR777351]

[11.1 deleted by PR733928 from 27Sep21]

11.1 Casual loading

[11.2 renumbered as 11.1 by PR733928 from 27Sep21]

[11.1(a) substituted by PR723995 from 20Nov20]

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

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

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

(b) This loading is to be paid instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

11.2 Payment for working overtime

[New 11.3 inserted by PR723995 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733928 from 27Sep21]

When a casual employee works overtime, they must be paid the overtime rates in clause 20.2.

11.3 Minimum engagement

[11.3 renumbered as 11.4 by PR723995, 11.4 renumbered as 11.3 by PR733928 from 27Sep21]

A casual employee must be paid for a minimum of 4 hours for each day that the casual employee is engaged.

11.4 Changes to casual employment status

[11.4 renumbered as 11.5 by PR723995; 11.5 renumbered as 11.4 and renamed and substituted by PR733928; renamed and substituted by PR777351 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 31—Dispute resolution.

12. Classifications

12.1 Employees covered by this award must be classified according to the structure set out in Schedule A—Classifications.

12.2 Employees must be paid the minimum rate for the classification in clause 15—Minimum rates.

12.3 Employers must advise their employees in writing of their classification and of any changes to their classification.

12.4 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Ordinary hours and roster cycles—day workers

(a) The ordinary hours of work for day workers are to average 38 hours per week but must not exceed 152 hours in 28 days.

(b) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday.

(i) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 7.00 am and 6.30 pm, Monday to Friday.

(ii) The spread of hours may be altered by up to one hour at either end of the spread, by agreement between the employer and the majority of employees concerned.

(iii) Subject to clause 13.1(c)(iv) any authorised work that is required or requested by an employer to be performed outside the spread of hours is to be paid for at overtime rates as prescribed in clause 20—Overtime.

(iv) Any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the workplace in a state of readiness for other employees to start work is to be regarded as part of the 38 ordinary hours of work.

(d) Rostered days off

(i) Arrangements for rostered days off may be reached between an employee and an employer.

(ii) Such arrangements will outline:

· the method of accruing time towards a rostered day off; and

· an agreed method of accumulating and taking rostered days off.

13.2 Ordinary hours and roster cycles—shiftworkers

(a) Continuous shiftworker

(i) 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 an employer.

(ii) The ordinary hours of 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.

(iii) Continuous shiftworkers are entitled to a 12 minute meal break on each shift which will be counted as time worked.

(b) Non-continuous shiftworker

(i) The ordinary hours of work for non-continuous shiftworkers are to be an average of 38 hours per week and must not exceed 152 hours in 28 consecutive days.

(ii) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.

(c) By agreement between an employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

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

13.3 Methods of arranging ordinary working hours

(a) Subject to 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 this award and the employer’s right to fix the starting and finishing time of shifts from time to time, the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned.

(b) This does not preclude an employer reaching agreement with individual employees about how their working hours are to be arranged.

13.4 Rosters

(a) Rosters, where they apply, will be set for each fortnightly period. The roster may alter the times on which an employee works their ordinary hours.

(b) An employer will give employees 14 days’ notice of each fortnightly roster. However, in order to meet specific operational requirements, an employer may change rosters after consulting with the employee(s) concerned and giving them as much notice as possible.

13.5 Daylight saving

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

13.6 Make-up time

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

(b) An employee on shiftwork may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the shiftwork rate which would have been applicable to the hours taken off.

13A. Employee right to disconnect

[13A inserted by PR778100 from 26Aug24]

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

NOTE:

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

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

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

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

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

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

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

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

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

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

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

13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:

(a) the employee is being paid standing by time under clause 20.8; and

(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the stand-by.

13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 20.7.

14. Breaks

14.1 Unpaid meal breaks

(a) A meal break of between 30 and 60 minutes must be taken not later than 5 hours after the employee starts work or after resuming work after a previous meal break.

(b) An employee directed by an employer to work in excess of 5 hours without a meal break must be:

(i) paid at the rate of 150% of the minimum hourly rate for the meal break; and

(ii) be permitted to have their usual meal break without deduction from their wage as soon as possible after the prescribed meal break.

(c) Clause 14.1 will not operate outside an employee’s ordinary working hours. Meal breaks during overtime are prescribed in clause 20—Overtime.

14.2 Paid rest breaks

(a) All employees will be allowed 2 paid rest breaks on each day. Each rest break should be taken at a time suitable to the employer, taking into account the reasonable business needs of the practice. If suitable to the reasonable business needs of the practice:

(i) the first of 10 minutes to be allowed between the time of starting work and the usual meal break; and

(ii) the second of 10 minutes to be allowed between the usual meal break and the time of finishing work for the day.

(b) All employees who work more than 4 hours on a Saturday before 12 noon must be allowed a paid rest break of 10 minutes between the times of starting work and finishing work.

(c) Rest breaks are to be counted as part of time worked.

Part 4—Wages and Allowances

15. Minimum rates

[Varied by PR720159, PR718934, PR729378, PR740802, PR762225, PR774007]

15.1 Adult employee rates

[15.1 varied by PR718934, PR729378 PR740802, PR762225, PR774007 ppc 01Jul24]

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
	$	$
Level 1—Legal clerical and administrative employee	989.80	26.05
Level 2—Legal clerical and administrative employee	1032.30	27.17
Level 3—Legal clerical and administrative employee	1090.30	28.69
Level 4—Legal clerical and administrative employee	1145.00	30.13
Level 5—Legal clerical and administrative employee	1191.50	31.36
Level 5—Law graduate	1191.50	31.36
Level 6—Law clerk	1262.90	33.23

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

15.2 Junior employee rates

Junior employees must be paid the following percentage of the appropriate wage rate in clause 15.1—Adult employee rates:

Age	% of adult rate
Under 16 years	45
16 years	50
17 years	60
18 years	70
19 years	80
20 years	90

15.3 Higher duties

An employee required by the employer to perform any of the duties set out in Levels 2–5 of Schedule A—Classifications for one day or more must be paid at least the rate applicable if such duties were performed on a permanent basis.

15.4 Supported wage system

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

15.5 National training wage

[15.5(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.

[15.5(b) varied by PR720159 ppc 18Jun20, PR718934, PR729378, PR740802, PR762225, PR774007 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 Legal Services Award 2020 and not the Miscellaneous Award 2020.

16. Payment of wages

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

16.1 An employee will be paid fortnightly unless the employer and the employee otherwise agree.

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

16.3 Payment on termination of employment

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

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

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

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

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

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

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

17. Annualised wage arrangements

[17—Annualised salary renamed and substituted by PR716598 ppc 01Mar20]

17.1 Annualised wage instead of award provisions

(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 17.1(c), of any or all of the following provisions of the award:

(i) clause 15—Minimum rates;

(ii) clause 18—Allowances;

(iii) clause 20—Overtime;

(iv) clause 21.3—Early morning, afternoon and night shift penalty rates; and

(v) clause 22.5—Annual leave loading

(b) Where an annualised wage is paid the employer must advise the employee in writing, and keep a record of:

(i) the annualised wage that is payable;

(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and

(iv) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 17.1(c).

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause (b)(iv) 17.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

17.2 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases earlier over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or upon the termination of employment of the employee calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required by clause 17.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

17.3 Base rate of pay for employees on annualised wage arrangements

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 15—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

18. Allowances

[Varied by PR719086, PR729559, PR740965, PR762396, PR774175]

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 Meal allowance

(a) An employee must be supplied with an adequate meal where an employer has their own cooking and dining facilities or be paid a meal allowance in addition to any overtime payment as follows:

[18.2(a)(i) varied by PR719086, PR729559, PR740965, PR762396, PR774175 ppc 01Jul24]

(i) a meal allowance of $19.43 when required to work one hour or more of overtime (Monday to Friday inclusive) and the overtime finishes one and a half hours after the normal finishing time or 5 hours after the preceding meal break, whichever first occurs, or in the case of a shiftworker when the overtime work on any shift exceeds one hour. Provided that where the overtime exceeds 4 hours a further meal allowance of $15.49 must be paid;

[18.2(a)(ii) varied by PR719086, PR729559, PR740965, PR762396, PR774175 ppc 01Jul24]

(ii) a meal allowance of $19.43 when required to work more than 5 hours overtime on a Saturday or a Sunday, or more than 5 hours by a shiftworker on their rostered day off. A further meal allowance of $15.49 when required to work more than 9 hours on such day. The provisions of clause 18.2 will not apply where an employee could reasonably return home for a meal within the period allowed.

(b) Where an employee is paid a meal allowance under clause 18.2, on request, the meal allowance must be paid on the same day as overtime is worked.

18.3 Uniform allowance

An employee must be paid an allowance of $3.65 per week where required to wear any special uniform, dress or clothing, unless the uniform, dress, or clothing is supplied and laundered by the employer.

18.4 Vehicle allowance

(a) Where an employer requires an employee to use the employee’s own motor vehicle in the performance of their duties the employee must be paid:

[18.4(a)(i) varied by PR729559, PR740965, PR762396, PR774175 ppc 01Jul24]

(i) $0.98 per kilometre for a motor car; and

[18.4(a)(ii) varied by PR729559, PR740965, PR762396, PR774175 ppc 01Jul24]

(ii) $0.33 per kilometre for a motorcycle

on any day when the employee is so required to use their vehicle.

(b) Where an employee is required as a condition of employment to provide a motor vehicle which is used in the performance of the employee’s duties, the employer must pay all expenses including registration, running and maintenance.

18.5 Transport of employees—overtime

When an employee is required to work overtime and the overtime finishes when reasonable means of transport to the employee’s home is not reasonably available, the employer will reimburse the employee an amount equal to the cost of any transport which allows the employee to reach their home by other means of transport, unless the employer provides suitable transport.

18.6 Living away from home allowance

(a) An employee, required by the employer to work temporarily for the employer away from the employee’s usual place of employment, and who is required to sleep away from their usual place of residence, will be entitled to the following:

(i) the payment of an allowance to cover all fares to and from the place at which the employer requires the employee to work; and

(ii) the payment of an allowance to cover all reasonable expenses incurred for board and lodging.

(b) The allowances referred to in clause 18.6(a) will not be paid where the fares and the board and lodging are provided by the employer.

(c) In addition to the above, the employee must receive payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location, with a maximum payment of 8 hours in 24 hours.

18.7 Protective clothing

The employer will reimburse employees engaged in work damaging to clothing an amount equal to the costs of uniforms and/or protective clothing, except where uniforms and/or protective clothing are provided free of charge by the employer.

19. Superannuation

[Varied by PR771392]

19.1 Superannuation legislation

[19.1 substituted by PR771392 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 PR771392 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) Legalsuper;

(b) AustralianSuper;

(c) Tasplan;

(d) CareSuper;

(e) Statewide Superannuation Trust;

(f) Law Employees Superannuation Fund;

(g) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund or its successor is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

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

Part 5—Overtime and Penalty Rates

20. O vertime

[Varied by PR723995, PR747476, PR763323]

20.1 Definition of overtime

Overtime is any time worked:

(a) outside ordinary hours on any day or shift; or

(b) in excess of an average of 38 hours per week.

20.2 Overtime rates

[20.2 substituted by PR723995 ppc 20Nov20]

(a) Day workers and non-continuous shiftworkers

[20.2(a)(i) inserted by PR747476 ppc 14Nov22]

(i) Overtime rates and minimum payment:

For overtime worked on	Full-time and part-time employees	Casual employees	Minimum payment
	% of minimum hourly rate	% of minimum hourly rate
Monday to Saturday until 12.00 pm—first 3 hours	150%	175%	–
Monday to Saturday until 12.00 pm—after 3 hours	200%	225%	–
Saturday after 12.00 pm and Sunday	200%	225%	3 hours
Public holiday	250%	275%	3 hours

[20.2(a)(ii) inserted by PR747476 ppc 14Nov22]

(ii) 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 for public holidays in clause 20.2(a)(i).

(b) Continuous shiftworkers

(i) For full-time and part-time continuous shiftworkers the rate for working overtime is 200% of the minimum hourly rate.

(ii) For casual continuous shiftworkers the rate for working overtime is 225% of the minimum hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clauses 20.2(a)and 20.2(b)(i).

20.3 Calculating overtime

(a) The hourly rate, when calculating overtime, is to be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.

(b) Any portion of one hour not exceeding 30 minutes will be reckoned as 30 minutes and any portion of one hour in excess of 30 minutes will be reckoned as one hour.

(c) When calculating overtime, each day is to stand alone.

20.4 Rest break

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

(b) Where an employee is required to work overtime on a Saturday, Sunday or public holiday or on a rostered day off, the first rest break will be paid at the employee’s ordinary rate of pay.

(c) Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime, is entitled to a rest break of 20 minutes to be paid at the employee’s ordinary rate of pay.

(d) An employer and employee may agree to any variation of clause 20.4 to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 20.4.

20.5 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.5.

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

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

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

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

(iv) that any payment mentioned in clause 20.5(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 20.5 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 20.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 20.5 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.5 will apply, including the requirement for separate written agreements under clause 20.5(b) for overtime that has been worked.

[Note varied by PR763323 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 20.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.5.

20.6 Rest period after overtime

(a) Length of the rest period

When overtime work is necessary it will be arranged where reasonably practicable for employees to have at least 10 consecutive hours off duty between work on successive days.

(b) Where the employee does not get a 10 hour rest

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

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

· there will be no loss of pay for ordinary hours of work time which occur during this absence.

(ii) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 20.6(a):

· the employee must be paid at 200% of the minimum hourly rate until the employee is released from duty;

· the employee is then entitled to be absent for 10 consecutive hours; and

· there will be no loss of pay for ordinary hours of work time which occur during this absence.

(c) By agreement between an employer and individual employee, the 10 hour break provided for in clause 20.6(b) may be reduced to a period no less than 8 hours.

(d) The provisions of clause 20.6 will apply in the case of shiftworkers as if 8 hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters;

(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.

20.7 Call-back

(a) An employee recalled to work overtime after leaving the employer’s place of work (whether notified before or after leaving the place of work) is to be paid for a minimum of 4 hours’ work as follows:

(i) Employees other than continuous shiftworkers

· 150% of the minimum hourly rate for the first 3 hours; and

· 200% of the minimum hourly rate after 3 hours.

(ii) Continuous shiftworkers

· 200% of the minimum hourly rate.

(b) Where an employee is required to regularly hold themselves in readiness for a call-back they will be paid for a minimum of 3 hours’ work at the appropriate overtime rate. This is subject to clause 20.8.

(c) If the employee is recalled on more than one occasion between the end of their ordinary work on one day and the start of their ordinary work on the next ordinary working day they will be entitled to the 3 or 4 hour minimum overtime payment provided for in clause 20.7 for each call-back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.

(d) Except in the case of unforeseen circumstances arising, an employee will not be required to work the full 3 or 4 hours as the case may be if the job they were recalled to perform is completed within a shorter period.

(e) Clause 20.7 does not apply in cases where it is customary for an employee to return to the employer’s enterprise to perform a specific job outside the employee’s ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.

(f) Overtime worked in the circumstances specified in clause 20.7 is not to be regarded as overtime for the purpose of clause 20.1 when the actual time worked is less than 3 hours on the call-back or on each call-back.

20.8 Standing by

Subject to any custom prevailing at the place of work concerned, where an employee is required regularly to hold themselves in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee’s ordinary rate of pay for the time they are standing by.

21. Shiftwork

[Varied by PR747476]

21.1 Definitions

(a) For the purposes of this award:

(i) rostered shift means any shift of which the employee concerned has had at least 48 hours’ notice;

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

(iii) night shift means any shift finishing after midnight and at or before 8.00 am;

(iv) early morning shift applies to an employee whose ordinary hours on a regular shift commence between 5.00 am and 6.00 am, except where such a shift is part of a shift system and precedes an afternoon shift finishing at 11.00 pm;

(v) seven day shiftworker means an employee who is rostered to work regularly on Sundays and public holidays;

(vi) non-continuous afternoon or night shift applies to an employee who works on an afternoon or night shift which does not continue:

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

· for at least 38 ordinary hours (where more than 8 ordinary hours are worked on each shift); and

(vii) permanent night shift applies to an employee who:

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

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

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

21.2 By agreement between an employer and the majority of employees concerned, or in appropriate cases an individual employee, 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 Early morning, afternoon and night shift penalty rates

An employee will be paid the following shift penalty rates for all ordinary hours worked by the employee on the following shifts:

Shift	Penalty rate	Casual penalty rate (inclusive of 25% loading)
Afternoon or night	115%	140%
Early morning	110%	135%
Non-continuous afternoon or night—first 3 hours	150%	175%
Non-continuous afternoon or night—after 3 hours	200%	225%
Permanent night	130%	155%

21.4 Rate for working on Saturday, Sunday and public holiday shifts

(a) Saturday shifts

A shiftworker must be paid 150% of the minimum hourly rate for work performed on a Saturday.

(b) Sunday and public holiday shifts

(i) Continuous shiftworkers

Where the major portion of a rostered shift is worked on a Sunday or public holiday, a continuous shiftworker is to be paid 200% of the minimum hourly rate.

(ii) Shiftworkers other than continuous shiftworkers

Shiftworkers, other than continuous shiftworkers on other than continuous work, are to be paid for all time worked on a Sunday or public holiday at the following rates:

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

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

(i) Where shifts start 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.

(ii) Where a shift starts before midnight on the day before a Sunday or public holiday and extends into the Sunday or public holiday, the employee will be entitled to the Sunday or public holiday rate for the shift.

(iii) Where shifts fall partly on a public holiday, the shift which has the major portion falling on the public holiday will be regarded as the public holiday shift.

(iv) By agreement between an 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 of the above.

21.5 Work on a rostered day off

(a) Where an employee is required to work on a rostered day off, the employee is to be paid for all time worked on the rostered day off as follows:

(i) Monday to Saturday—at the overtime rates prescribed in clause 20.2;

(ii) Sunday—200% of the minimum hourly rate with a minimum payment of 4 hours; and

[21.5(a)(iii) varied by PR747476 ppc 14Nov22]

(iii) public holiday—250% of the minimum hourly rate with a minimum payment of 4 hours. 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.

(b) When not less than 7 hours 36 minutes’ notice has been given to an employer by a relief shiftworker that they will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on their rostered day off, the unrelieved employee will be paid 200% of the minimum hourly rate.

[21.5(c) varied by PR747476 ppc 14Nov22]

(c) A shiftworker whose rostered day off coincides with a public holiday must be paid a day’s pay additional to their weekly wage, or have a day added to their annual leave. If a public holiday is a part-day public holiday, then clause 21.5(c) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

21.6 Extra rates not cumulative

The extra rates in clauses 21.4 and 21.5 are in substitution for and not cumulative upon the shift penalty rates prescribed in clause 21.3.

Part 6—Leave and Public Holidays

22. Annual leave

[Varied by PR751113]

22.1 Annual leave is provided for in the NES.

22.2 Definition of shiftworker

For the purposes of the additional week of annual leave provided for in the NES, a shiftworker is a 7 day shiftworker who is rostered to work regularly on Sundays and public holidays.

22.3 Payment for period of annual leave

Each employee prior to commencing a period of annual leave must be paid a sum equal to the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

22.4 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 loading

(a) During a period of annual leave an employee must also receive a loading calculated on the wages prescribed in clause 15—Minimum rates of this award. Annual leave loading payment is payable on leave accrued.

(b) The loading must be as follows:

(i) Day work

Employees who would have worked on day work only had they not been on leave—17.5%;

(ii) Shiftwork

Employees who would have worked on shiftwork had they not been on leave—17.5% or the shift loading (including relevant weekend penalty rates) whichever is greater but not both.

22.6 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 22.6 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

(c) The employer must keep a copy of any agreement under clause 22.6 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 22.6, 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.

22.7 Direction to take annual leave during shutdown

[22.7 renamed and substituted by PR751113 ppc 01May23]

(a) Clause 22.7 applies if an employer:

(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and

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

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

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.7(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 22.7(d):

(i) must be in writing; and

(ii) must be reasonable.

(f) The employee must take paid annual leave in accordance with a direction under clause 22.7(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.7(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.6.

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

(j) Clauses 22.8 to 22.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 22.7.

22.8 Excessive leave accruals: general provision

NOTE: Clauses 22.8 to 22.10 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 22.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 22.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.9 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 22.8(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 22.9(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 22.8, 22.9 or 22.10 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 22.9(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.9(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 22.9(d) may result in the direction ceasing to have effect. See clause 22.9(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.

22.10 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.8(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 22.9(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 22.9(a) that, when any other paid annual leave arrangements (whether made under clause 22.8, 22.9 or 22.10 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 22.9(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 22.8, 22.9 or 22.10 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 22.10(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 22.10(a).

22.11 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.11.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.11.

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

(d) An agreement under clause 22.11 must state:

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

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

(e) An agreement under clause 22.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 22.11 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.11.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.11.

NOTE 3: An example of the type of agreement required by clause 22.11 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

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 PR763323 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 31—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 PR750494 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

[27 varied by PR747476]

[27.1 renumbered as a paragraph by PR747476 ppc 14Nov22]

Public holiday entitlements are provided for in the NES.

[27.2 deleted by PR747476 ppc 14Nov22]

28. Special conditions of employment—Law graduate

28.1 A law graduate is entitled to paid study leave not exceeding a total of 20 days in any 12-month period to attend a course of instruction, and prepare for and attend examinations that relate to the practical legal training required for their admission to practise as an Australian lawyer.

28.2 Paid study leave may be taken for a period or periods agreed between the employer and employee. The employer will not unreasonably refuse to agree to a request by the employee to take paid study leave in accordance with clause 28.

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774845 from 01Jul24]

28A. Workplace delegates’ rights

[28A inserted by PR774845 from 01Jul24]

28A.1 Clause 28A 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 28A.

28A.2 In clause 28A:

(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.

28A.3 Before exercising entitlements under clause 28A, 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.

28A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

28A.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.

28A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 28A.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.

28A.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 28A.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.

28A.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.

28A.9 Exercise of entitlements under clause 28A

(a) A workplace delegate’s entitlements under clause 28A 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 28A 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 28A 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 28A.

29. Consultation about major workplace change

29.1 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.

29.2 For the purposes of the discussion under clause 29.1(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.

29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

29.4 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 29.1(b).

29.5 In clause 29 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.

29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.

30. Consultation about changes to rosters or hours of work

30.1 Clause 30 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.

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

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

(a) provide to the employees and representatives mentioned in clause 30.2 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.

30.4 The employer must consider any views given under clause 30.3(b).

30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

31. Dispute resolution

[Varied by PR763323, PR777351, PR778100]

31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

31.2 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.

31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, 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.

31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.

31.5 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.

31.6 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.

31.7 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 31.

31.8 While procedures are being followed under clause 31 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.

31.9 Clause 31.8 is subject to any applicable work health and safety legislation.

[Note 1 and Note 2 inserted by PR763323; deleted by PR778100 from 26Aug24]

[Note inserted by PR778100 from 26Aug24; varied by PR777351 from 27Aug24]

NOTE: In addition to clause 31, 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

32. Termination of employment

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

32.1 Notice of termination by an employee

(a) Clause 32.1 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 32.1(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 32.1(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 32.1(b), then no deduction can be made under clause 32.1(d).

(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.

32.2 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 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33. Redundancy

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

33.1 Transfer to lower paid duties on redundancy

(a) Clause 33.1 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 33.1(c).

(c) If the employer acts as mentioned in clause 33.1(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.

33.2 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 33 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.

33.3 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 33.3(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 33.3(b).

(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 32.2.

Schedule A—Classifications

[Varied by PR743465]

A.1 Level 1—Legal, clerical and administrative employee

A.1.1 Characteristics

(a) Employees at this level may work under direct supervision with regular checking, but may take the form of less direct guidance and some autonomy where working in teams is required.

(b) Competency at this level involves the application of knowledge and skill to a limited range of tasks and roles. There is a specified range of contexts where the choice of actions required is clear.

(c) Competencies are used within established routines, methods and procedures that are predictable and within which judgment against established criteria is involved.

(d) An indicative training and vocational educational level for this level is Year 10 standard.

A.1.2 Generic skills

Indicative typical duties and skills at this level may include:

(a) Problem solving

Identify and resolve problems by being able to:

· identify routine problems;

· identify and assess options; and

· implement solutions.

(b) Literacy

Read and write routine texts.

Use numbers in the workplace by being able to:

· operate with numbers to complete routine tasks;

· calculate numerical and related information to perform routine tasks; and

· interpret and present numerical and related information to complete routine tasks.

A.1.3 Core skills

(a) Information handling

(i) To handle mail to facilitate communication by being able to:

· receive and distribute incoming mail;

· receive and dispatch outgoing mail; and

· collate and dispatch documents for bulk mailing.

(ii) To handle information to maintain access to and security of records by being able to:

· file documents; and

· identify and retrieve documents.

(b) Communication

To process information to facilitate communication flow by being able to:

· receive and relay oral messages; and

· receive and relay written messages.

To apply knowledge of the enterprise/industry to complete routine administrative tasks, by being able to:

· identify key functions and personnel/departments; and

· apply office procedures.

(d) Technology

(i) To operate a range of office equipment to complete routine tasks by being able to:

· select equipment to be used for tasks;

· locate equipment to be used for tasks; and

· operate equipment.

(ii) To access and retrieve computer data using keyboard skills by being able to:

· open files;

· retrieve data;

· close files; and

· shut down equipment.

(e) Organisational

To follow established work schedules to achieve designated group/section goals by being able to plan and organise personal daily work routine.

(f) Team

To participate in a team to achieve designated tasks by being able to complete allocated tasks.

(g) Business/financial

To record and prepare financial documentation for cash flow and accounting records by being able to:

· record petty cash transactions;

· prepare banking documents; and

· prepare business source documents.

(h) Legal

Not applicable at this level.

A.2 Level 2—Legal, clerical and administrative employee

A.2.1 Characteristics

(a) Employees at this level may work under routine supervision with intermittent checking, but this checking may take the form of general guidance and considerable autonomy where working in teams is required. Responsibility for some roles and co-ordination within a team may be required.

(b) Competency at this level involves the application of knowledge and skills to a range of tasks and roles. There is a defined range of contexts where the choice of actions required is usually clear, with limited complexity in the choice.

(c) Competencies are used within established routines, methods and procedures, in some cases involving discretion and judgment about possible actions.

(d) An indicative training and vocational educational level for this level is Year 11 standard.

A.2.2 Generic skills

As per Level 1.

A.2.3 Core skills

As per Level 1, together with the following:

(a) Information handling

Process information to provide access to current records, by being able to:

· update and modify existing organisational records; and

· remove inactive and dead files.

(b) Communication

Process and respond to information to facilitate communication flow by being able to:

· respond to incoming telephone calls;

· make telephone calls; and

· draft simple correspondence.

(i) Respond to and act upon internal/external enquiries to promote the products and services of the organisation by being able to:

· provide information from own function area;

· re-direct enquiries; and

· undertake follow up action where required.

(ii) Receive visitors to ensure a positive image of the organisation is presented by being able to:

· greet visitors; and

· attend to visitors’ needs.

(d) Technology

(i) Operate a range of office equipment to complete non-routine tasks by being able to:

· operate equipment; and

· identify and/or rectify minor faults.

(ii) Edit computer data using keyboard skills by being able to:

· open files;

· edit information;

· save and exit; and

· shut down equipment.

(iii) Produce simple documents using keyboard skills by being able to document from written text using standard format.

(e) Organisation

Establish own work schedule to achieve designated group/section goals by being able to organise own work schedule.

(f) Team

Participate in allocation and completion of team tasks by being able to:

· participate in identifying tasks for team;

· complete own tasks; and

· assist others to complete (team) tasks.

(g) Business/financial

Process financial documentation for cash flow and accounting records by being able to:

· reconcile invoices for payment to creditors;

· prepare statements for debtors;

· enter payment summaries into journals; and

· post journals to ledgers.

(h) Legal

Not applicable at this level.

A.3 Level 3—Legal, clerical and administrative employee

A.3.1 Characteristics

(a) Work is under limited supervision with checking related to overall progress, but may take the form of broad guidance and autonomy where working in teams is required. Responsibility for the work of others may be involved, and team co-ordination may be required.

(b) Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a range of tasks and roles in a variety of contexts, with some complexity in the extent and choice of actions required. Competencies are used within routines, methods and procedures where some discretion and judgment is required in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

(c) An indicative training and educational level for this level is the Trade Certificate or equivalent TAFE/Year 12 standard.

A.3.2 Generic skills

As per Levels 1 and 2, together with the following:

(a) Problem solving

Identify, clarify and resolve problems by being able to:

· identify non-routine problems;

· clarify the nature of the problem;

· investigate options and decide on the appropriate course of action;

· implement solutions;

· evaluate and report on effectiveness of solutions and related outcomes;

· assist others to identify and resolve problems in the workplace; and

· report on effectiveness of solutions and related outcomes.

(b) Literacy

· write non-routine texts; and

· read non-routine texts.

Use numbers in the workplace by being able to:

· operate with numbers to complete non-routine tasks;

· calculate numerical and related information to perform non-routine tasks; and

· interpret and present numerical and related information to complete non‑routine tasks.

A.3.3 Core skills

As per Levels 1 and 2, together with the following:

(a) Information handling

Maintain information records system to ensure integrity of system by being able to:

· assemble new files;

· identify and process inactive and dead files; and

· record documentation movements.

(b) Communication

(i) Collect and provide information to facilitate communication flow by being able to:

· respond to telephone, oral and written requests for information; and

· draft routine correspondence in response to a need or request.

(ii) Transcribe oral instructions by writing shorthand notes for the production of a text by being able to take dictation.

(i) Provide information and advice to promote the products/services of the organisation by being able to:

· clarify specific needs of a client;

· provide information and advice; and

· follow up.

(ii) Process client complaints to ensure the goals of the organisation are met by being able to:

· clarify the nature of the complaint;

· identify options for resolution; and

· act to resolve the complaint.

(d) Technology

(i) Co-ordinate the use of a range of office equipment to complete complex tasks by being able to:

· operate equipment; and

· maintain equipment.

(ii) Organise the copying, collating and binding of documents by being able to:

· select appropriate media;

· copy and collate documents; and

· distribute documents.

(iii) Produce complex documents using keyboard skills by being able to:

· establish document structure;

· produce documents; and

· shut down equipment.

(e) Organisational

Organise schedules to achieve agreed group/section goals by being able to:

· co-ordinate own work routine with others;

· make and record appointments on behalf of another; and

· make travel and accommodation bookings in line with given itinerary.

(f) Team

Negotiate with team members to allocate and complete tasks to achieve group goals by being able to:

· clarify tasks to achieve group goals;

· negotiate allocation of tasks; and

· monitor completion of allocated tasks.

(g) Business/financial

(i) Monitor records of income and expenditure for budgetary records by being able to:

· reconcile accounts to balance; and

· prepare bank reconciliations.

(ii) Monitor cash control accounting purposes by being able to:

· document and lodge takings at a bank;

· receive and document payments/takings;

· dispatch statements to debtors;

· follow up and record outstanding accounts; and

· dispatch payments to creditors.

(iii) Monitor stock levels for control purposes by being able to maintain stock control records.

(h) Legal

An understanding of the basic structures of the relevant State or Territory legal system by being able to:

· locate the major legal institutions and process standard legal procedures;

· operate within the information channels and procedures of the institutions; and

· exhibit a basic understanding of areas of law for the purposes of information flow and referral.

A.4 Level 4—Legal, clerical and administrative employee

A.4.1 Characteristics

(a) The employee may be required to work without supervision, with general guidance on progress and outcomes sought as required. The work of others may be supervised or teams guided or facilitated. Responsibility for and limited organisation of the work of others may be involved.

(b) Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a wide range of tasks and roles in a variety of contexts, with complexity in the range and choice of actions required.

(c) Competencies are used within routines, methods and procedures where discretion and judgment is required, for both self and others, in planning and selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.

(d) An indicative training and vocational educational level for this level is TAFE Advanced Certificate.

A.4.2 Generic skills

As per Levels 1, 2 and 3 together with the following:

(a) Problem solving

Identify, clarify and resolve problems by being able to:

· identify problems;

· clarify the nature of the problem;

· determine criteria for optimal solution;

· implement solution;

· evaluate and report on effectiveness of solution and related outcomes; and

· assist others to identify, clarify and resolve problems in the workplace.

(b) Literacy

· compose routine and non-routine texts; and

· read and analyse routine and non‑routine texts.

Use numbers in the workplace by being able to:

· operate with numbers to establish procedures;

· calculate numerical and related information to establish procedures; and

· interpret and present numerical and related information to establish procedures.

A.4.3 Core skills

[A.4.3 varied by PR743465 ppc 11Jul22]

As per Levels 1, 2 and 3 together with the following:

(a) Information handling

Manage an established records management system to ensure integrity of the system by being able to:

· maintain existing filing arrangements;

· ensure distribution of files and records;

· maintain security of filing system; and

· train staff.

(b) Communication

(i) Organise and provide information to facilitate communication flow by being able to:

· receive and process a request for information;

· identify information sources; and

· compose reports/correspondence.

(ii) Transcribe oral instructions by writing shorthand notes for the production of a text by being able to take dictation.

Provide advice in order to meet current and anticipated client requirements by being able to:

· identify current client requirements;

· provide information on current service provision and resource allocation within area of responsibility; and

· identify trends in client requirements.

(d) Technology

(i) Produce complex documents, reports and work sheets using keyboard skills by being able to:

· determine presentation and format documentation;

· produce documents; and

· shut down equipment.

(ii) Operate computer equipment to maintain storage media and filing system by being able to:

· maintain storage media;

· maintain filing system;

· shut down equipment; and

· train others in the use of office equipment.

(iii) Operate and maintain computer printers by being able to:

· set printers for document requirements; and

· maintain printers.

(e) Organisational

(i) Manage appointments to achieve identified goals by being able to:

· manage a diary on behalf of another/others; and

· assist with appointment preparation and follow up.

(ii) Plan business trips and associated itinerary for management/executive to ensure effective use of time management principles by being able to:

· organise business itinerary; and

· identify credit facilities.

(iii) Plan meetings to enable the stated objectives of the meeting to be met by being able to:

· prepare documentation for meetings;

· make meeting arrangements; and

· record minutes of meetings.

(f) Team

Manage the team to ensure team goals are achieved by being able to:

· plan work for the team;

· allocate tasks to members of the team;

· monitor team performance; and

· provide training for team members.

(g) Business/financial

Produce end of period reports for cash flow projections and budgetary records by being able to:

· prepare financial reports;

· undertake and document costing procedures; and

· draft financial forecasts/budgets.

(h) Legal

An understanding and appreciation of the structures of the relevant State or Territory legal system by being able to:

· acquire and apply a limited knowledge of professional legal functions under direct supervision as a clerk by being able to interview clients, draft (for checking) documents and instructing on standard legal matters; and

· exhibit a basic understanding of different areas of law as they are dealt with, within the firm or between firms or between the firm and legal institutions for means of referral.

A.5 Level 5—Legal, clerical and administrative employee

A.5.1 Characteristics

(a) An employee at this level may work under broad guidance. The work of others may be supervised or teams guided. Responsibility for the planning and management of the work of others may be involved.

(b) Competency at this level involves the self-directed application of knowledge with substantial depth in some areas and a range of technical and other skills to tasks, roles and functions in both varied and highly specific contexts.

(c) Competencies are normally used independently and both routinely and non-routinely. Judgment is required in planning and selecting appropriate equipment, services, techniques and work organisation for self and others.

(d) An indicative training and vocational education level for this level is part achievement of Associate Diploma at TAFE or tertiary level (or equivalent).

A.5.2 Generic skills

As per Levels 1, 2, 3 and 4.

A.5.3 Core skills

As per Levels 1, 2, 3 and 4 together with the following:

(a) Information handling

Establish a records system to ensure integrity of system by being able to:

· determine the needs of the organisation;

· select appropriate system;

· implement new/improved system; and

· provide staff training.

Establish and maintain library resource collection by being able to:

· store publications;

· update incoming publications; and

· circulate publications.

(b) Communication

Initiate research and prepare information to facilitate communication flow by being able to:

· identify need for documents;

· identify need for research;

· obtain data from external sources;

· prepare drafts; and

· produce reports.

Provide advice on response to the changing environment in order to achieve organisational goals by being able to:

· analyse changes to the internal/external environment which impact on the role of the department or enterprise;

· assist with the development of options for future strategies; and

· assist with planning to match future requirements.

(d) Technology

Manage the design and development of documents, reports and work sheets by being able to:

· identify document requirements; and

· design document format.

Establish, maintain and supervise a small network by being able to:

· establish a small network;

· maintain a small network;

· assist network users;

· shut down network equipment; and

· train network users.

(e) Organisational

Plan and manage meetings to achieve identified group/section goals by being able to:

· organise meetings; and

· conduct meetings on behalf of management.

Plan and manage conferences on behalf of management to achieve identified goals by being able to:

· plan conferences;

· organise conferences;

· promote conferences; and

· co-ordinate conference proceedings.

(f) Team

Manage the team to ensure team achievements reflect identified enterprise objectives by being able to:

· clarify the link between goals of the team and goals of the enterprise;

· plan and allocate work for the team;

· monitor team performance;

· evaluate achievements of team; and

· organise training for team.

Participate in staff selection to ensure team goals are achieved by being able to:

· identify requirements for new team positions;

· draft job vacancy advertisements;

· select staff; and

· employ staff.

(g) Business/financial

Manage payroll records for employee salaries and statutory record keeping purposes by being able to:

· prepare payroll data;

· process payment of wages and salaries; and

· administer PAYG salary records.

(h) Legal

Acquire and apply a working knowledge of the structures and methods of the relevant State or Territory legal system by being able to:

· understand and participate in, under supervision, the processes of major legal institutions;

· display an understanding of areas of law and legal procedures for resolving matters referred to the employee, subject to general and procedural supervision; and

· initiate routine legal procedures and documentation.

A.6 Level 5—Law graduate

A.6.1 Characteristics

This position requires the completion of a course of study which is recognised as an academic qualification for admission and a formal offer by the employer to the law graduate, the acceptance of that offer and registration and approval of all documentation required by the relevant governing bodies.

A.7 Level 6—Law clerk

A.7.1 General

(a) Work is under limited guidance in line with a broad plan, budget or strategy. Responsibility and defined accountability for the management and output of the work of others and for a defined function or functions may be involved.

(b) Competency at this level involves the self-directed development of knowledge with substantial depth across a number of areas and/or mastery of a specified area with a range of skills. Application is to major functions in either varied or highly specific contexts.

(c) Competencies are normally used independently and are substantially non‑routine. Significant judgment is required in planning, design, technical or supervisory functions related to products, services, operations or processes of the firm.

(d) Specific clerical and administrative competencies do not automatically apply at this level or above. Legal competencies continue to apply at least in conjunction with the clerical and administrative competencies.

(e) Employees will be graded at the level where the principal functions of their employment, as determined by the employer, require the exercise of skills at the level set out in the respective grade.

(f) An indicative training and vocational educational level for this level is Associate Diploma at TAFE or tertiary level (or equivalent).

A.7.2 Legal

The employee will be able to display a practical understanding and application of the structures, methods and procedures of the relevant State or Territory legal system.

Schedule B—Summary of Hourly Rates of Pay

[Varied by PR718934, PR729378, PR740802, PR762225, PR774007]

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

B.1.1 Full-time and part-time shiftworkers—ordinary, early morning, afternoon and night shift rates

[B.1.1 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

	Ordinary hours	Early morning	Afternoon & night	Non-continuous afternoon or night¹		Permanent night
				First 3 hours	After 3 hours
	% of minimum hourly rate
	100%	110%	115%	150%	200%	130%
	$	$	$	$	$	$
Level 1—Legal clerical and administrative employee	26.05	28.66	29.96	39.08	52.10	33.87
Level 2—Legal clerical and administrative employee	27.17	29.89	31.25	40.76	54.34	35.32
Level 3—Legal clerical and administrative employee	28.69	31.56	32.99	43.04	57.38	37.30
Level 4—Legal clerical and administrative employee	30.13	33.14	34.65	45.20	60.26	39.17
Level 5—Legal clerical and administrative employee	31.36	34.50	36.06	47.04	62.72	40.77
Level 5—Law graduate	31.36	34.50	36.06	47.04	62.72	40.77
Level 6—Law clerk	33.23	36.55	38.21	49.85	66.46	43.20

¹Non-continuous afternoon or night shift means work on any afternoon or night shift that does not continue for at least 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day workplace (where no more than 8 ordinary hours are worked on each shift); or for at least 38 ordinary hours (where more than 8 ordinary hours are worked on each shift).

B.1.2 Full-time and part-time shiftworkers—weekend and public holiday rates

[B.1.2 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

	All shiftworkers	Shiftworkers other than continuous shiftworkers		Continuous shiftworkers only
	Saturday	Sunday	Public holidays	Sunday & public holidays
	% of minimum hourly rate
	150%	200%	250%	200%
	$	$	$	$
Level 1—Legal clerical and administrative employee	39.08	52.10	65.13	52.10
Level 2—Legal clerical and administrative employee	40.76	54.34	67.93	54.34
Level 3—Legal clerical and administrative employee	43.04	57.38	71.73	57.38
Level 4—Legal clerical and administrative employee	45.20	60.26	75.33	60.26
Level 5—Legal clerical and administrative employee	47.04	62.72	78.40	62.72
Level 5—Law graduate	47.04	62.72	78.40	62.72
Level 6—Law clerk	49.85	66.46	83.08	66.46

B.1.3 Full-time and part-time shiftworkers—overtime rates

[B.1.3 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

	Shiftworkers other than continuous shiftworkers				Continuous shiftworkers only
	Monday to Friday & Saturday until 12.00 pm		Saturday after 12.00 pm & Sunday	Public holiday	Monday to Sunday & Public holidays
	First 3 hours	After 3 hours
	% of minimum hourly rate
	150%	200%	200%	250%	200%
	$	$	$	$	$
Level 1—Legal clerical and administrative employee	39.08	52.10	52.10	65.13	52.10
Level 2—Legal clerical and administrative employee	40.76	54.34	54.34	67.93	54.34
Level 3—Legal clerical and administrative employee	43.04	57.38	57.38	71.73	57.38
Level 4—Legal clerical and administrative employee	45.20	60.26	60.26	75.33	60.26
Level 5—Legal clerical and administrative employee	47.04	62.72	62.72	78.40	62.72
Level 5—Law graduate	47.04	62.72	62.72	78.40	62.72
Level 6—Law clerk	49.85	66.46	66.46	83.08	66.46

B.2 Casual adult employees

B.2.1 Casual shiftworkers—ordinary, early morning, afternoon and night shift rates

[B.2.1 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

	Ordinary hours	Early morning	Afternoon & night	Non-continuous afternoon or night¹		Permanent night
				First 3 hours	After 3 hours
	% of minimum hourly rate
	125%	135%	140%	175%	225%	155%
	$	$	$	$	$	$
Level 1—Legal clerical and administrative employee	32.56	35.17	36.47	45.59	58.61	40.38
Level 2—Legal clerical and administrative employee	33.96	36.68	38.04	47.55	61.13	42.11
Level 3—Legal clerical and administrative employee	35.86	38.73	40.17	50.21	64.55	44.47
Level 4—Legal clerical and administrative employee	37.66	40.68	42.18	52.73	67.79	46.70
Level 5—Legal clerical and administrative employee	39.20	42.34	43.90	54.88	70.56	48.61
Level 5—Law graduate	39.20	42.34	43.90	54.88	70.56	48.61
Level 6—Law clerk	41.54	44.86	46.52	58.15	74.77	51.51

B.2.2 Casual shiftworkers—weekend and public holiday rates

[B.2.2 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

	All shiftworkers	Shiftworkers other than continuous shiftworkers		Continuous shiftworkers only
	Saturday	Sunday	Public holiday	Sunday & public holiday
	% of minimum hourly rate
	175%	225%	275%	225%
	$	$	$	$
Level 1—Legal clerical and administrative employee	45.59	58.61	71.64	58.61
Level 2—Legal clerical and administrative employee	47.55	61.13	74.72	61.13
Level 3—Legal clerical and administrative employee	50.21	64.55	78.90	64.55
Level 4—Legal clerical and administrative employee	52.73	67.79	82.86	67.79
Level 5—Legal clerical and administrative employee	54.88	70.56	86.24	70.56
Level 5—Law graduate	54.88	70.56	86.24	70.56
Level 6—Law clerk	58.15	74.77	91.38	74.77

B.3 Junior employees

The junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 15.2. Adult rates apply from 21 years of age.

B.3.1 Full-time and part-time junior shiftworkers—ordinary, early morning, afternoon and night shift rates

[B.3.1 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

Age	Ordinary hours	Early morning	Afternoon & night	Non-continuous afternoon or night¹		Permanent night
				First 3 hours	After 3 hours
Legal, clerical and administrative employee	% of junior hourly rate
	100%	110%	115%	150%	200%	130%
	$	$	$	$	$	$
Level 1
Under 16 years	11.72	12.89	13.48	17.58	23.44	15.24
16 years	13.03	14.33	14.98	19.55	26.06	16.94
17 years	15.63	17.19	17.97	23.45	31.26	20.32
18 years	18.24	20.06	20.98	27.36	36.48	23.71
19 years	20.84	22.92	23.97	31.26	41.68	27.09
20 years	23.45	25.80	26.97	35.18	46.90	30.49
Level 2
Under 16 years	12.23	13.45	14.06	18.35	24.46	15.90
16 years	13.59	14.95	15.63	20.39	27.18	17.67
17 years	16.30	17.93	18.75	24.45	32.60	21.19
18 years	19.02	20.92	21.87	28.53	38.04	24.73
19 years	21.74	23.91	25.00	32.61	43.48	28.26
20 years	24.45	26.90	28.12	36.68	48.90	31.79
Level 3
Under 16 years	12.91	14.20	14.85	19.37	25.82	16.78
16 years	14.35	15.79	16.50	21.53	28.70	18.66
17 years	17.21	18.93	19.79	25.82	34.42	22.37
18 years	20.08	22.09	23.09	30.12	40.16	26.10
19 years	22.95	25.25	26.39	34.43	45.90	29.84
20 years	25.82	28.40	29.69	38.73	51.64	33.57
Level 4
Under 16 years	13.56	14.92	15.59	20.34	27.12	17.63
16 years	15.07	16.58	17.33	22.61	30.14	19.59
17 years	18.08	19.89	20.79	27.12	36.16	23.50
18 years	21.09	23.20	24.25	31.64	42.18	27.42
19 years	24.10	26.51	27.72	36.15	48.20	31.33
20 years	27.12	29.83	31.19	40.68	54.24	35.26

^1.Non-continuous afternoon or night shift means work on any afternoon or night shift that does not continue for at least 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day workplace (where no more than 8 ordinary hours are worked on each shift); or for at least 38 ordinary hours (where more than 8 ordinary hours are worked on each shift).

B.3.2 Full-time and part-time junior shiftworkers—weekend and public holiday rates

[B.3.2 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

Age	All shiftworkers	Shiftworkers other than continuous shiftworkers		Continuous shiftworkers only
	Saturday	Sunday	Public holidays	Sunday & public holidays
Legal, clerical and administrative employee	% of junior hourly rate
	150%	200%	250%	200%
	$	$	$	$
Level 1
Under 16 years	17.58	23.44	29.30	23.44
16 years	19.55	26.06	32.58	26.06
17 years	23.45	31.26	39.08	31.26
18 years	27.36	36.48	45.60	36.48
19 years	31.26	41.68	52.10	41.68
20 years	35.18	46.90	58.63	46.90
Level 2
Under 16 years	18.35	24.46	30.58	24.46
16 years	20.39	27.18	33.98	27.18
17 years	24.45	32.60	40.75	32.60
18 years	28.53	38.04	47.55	38.04
19 years	32.61	43.48	54.35	43.48
20 years	36.68	48.90	61.13	48.90
Level 3
Under 16 years	19.37	25.82	32.28	25.82
16 years	21.53	28.70	35.88	28.70
17 years	25.82	34.42	43.03	34.42
18 years	30.12	40.16	50.20	40.16
19 years	34.43	45.90	57.38	45.90
20 years	38.73	51.64	64.55	51.64
Level 4
Under 16 years	20.34	27.12	33.90	27.12
16 years	22.61	30.14	37.68	30.14
17 years	27.12	36.16	45.20	36.16
18 years	31.64	42.18	52.73	42.18
19 years	36.15	48.20	60.25	48.20
20 years	40.68	54.24	67.80	54.24

B.3.3 Full-time and part-time junior shiftworkers—overtime rates

[B.3.3 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

Age	Shiftworkers other than continuous shiftworkers				Continuous shiftworkers only
	Monday to Friday & Saturday until 12.00 pm		Saturday after 12.00 pm & Sunday	Public holiday	Monday to Sunday & Public holidays
	First 3 hours	After 3 hours
Legal, clerical and administrative employee	% of junior hourly rate
	150%	200%	200%	250%	200%
	$	$	$	$	$
Level 1
Under 16 years	17.58	23.44	23.44	29.30	23.44
16 years	19.55	26.06	26.06	32.58	26.06
17 years	23.45	31.26	31.26	39.08	31.26
18 years	27.36	36.48	36.48	45.60	36.48
19 years	31.26	41.68	41.68	52.10	41.68
20 years	35.18	46.90	46.90	58.63	46.90
Level 2
Under 16 years	18.35	24.46	24.46	30.58	24.46
16 years	20.39	27.18	27.18	33.98	27.18
17 years	24.45	32.60	32.60	40.75	32.60
18 years	28.53	38.04	38.04	47.55	38.04
19 years	32.61	43.48	43.48	54.35	43.48
20 years	36.68	48.90	48.90	61.13	48.90
Level 3
Under 16 years	19.37	25.82	25.82	32.28	25.82
16 years	21.53	28.70	28.70	35.88	28.70
17 years	25.82	34.42	34.42	43.03	34.42
18 years	30.12	40.16	40.16	50.20	40.16
19 years	34.43	45.90	45.90	57.38	45.90
20 years	38.73	51.64	51.64	64.55	51.64
Level 4
Under 16 years	20.34	27.12	27.12	33.90	27.12
16 years	22.61	30.14	30.14	37.68	30.14
17 years	27.12	36.16	36.16	45.20	36.16
18 years	31.64	42.18	42.18	52.73	42.18
19 years	36.15	48.20	48.20	60.25	48.20
20 years	40.68	54.24	54.24	67.80	54.24

B.3.4 Casual junior shiftworkers—ordinary, early morning, afternoon and night shift rates

[B.3.4 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

Age	Ordinary hours	Early morning	Afternoon & night	Non-continuous afternoon or night¹		Permanent night
				First 3 hours	After 3 hours
Legal, clerical and administrative employee	% of junior hourly rate
	125%	135%	140%	175%	225%	155%
	$	$	$	$	$	$
Level 1
Under 16 years	14.65	15.82	16.41	20.51	26.37	18.17
16 years	16.29	17.59	18.24	22.80	29.32	20.20
17 years	19.54	21.10	21.88	27.35	35.17	24.23
18 years	22.80	24.62	25.54	31.92	41.04	28.27
19 years	26.05	28.13	29.18	36.47	46.89	32.30
20 years	29.31	31.66	32.83	41.04	52.76	36.35
Level 2
Under 16 years	15.29	16.51	17.12	21.40	27.52	18.96
16 years	16.99	18.35	19.03	23.78	30.58	21.06
17 years	20.38	22.01	22.82	28.53	36.68	25.27
18 years	23.78	25.68	26.63	33.29	42.80	29.48
19 years	27.18	29.35	30.44	38.05	48.92	33.70
20 years	30.56	33.01	34.23	42.79	55.01	37.90
Level 3
Under 16 years	16.14	17.43	18.07	22.59	29.05	20.01
16 years	17.94	19.37	20.09	25.11	32.29	22.24
17 years	21.51	23.23	24.09	30.12	38.72	26.68
18 years	25.10	27.11	28.11	35.14	45.18	31.12
19 years	28.69	30.98	32.13	40.16	51.64	35.57
20 years	32.28	34.86	36.15	45.19	58.10	40.02
Level 4
Under 16 years	16.95	18.31	18.98	23.73	30.51	21.02
16 years	18.84	20.34	21.10	26.37	33.91	23.36
17 years	22.60	24.41	25.31	31.64	40.68	28.02
18 years	26.36	28.47	29.53	36.91	47.45	32.69
19 years	30.13	32.54	33.74	42.18	54.23	37.36
20 years	33.90	36.61	37.97	47.46	61.02	42.04

¹Non-continuous afternoon or night shift means work on any afternoon or night shift that does not continue for at least 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day workplace (where no more than 8 ordinary hours are worked on each shift); or for at least 38 ordinary hours (where more than 8 ordinary hours are worked on each shift).

B.3.5 Casual junior shiftworkers—weekend and public holiday rates

[B.3.5 varied by PR718934, PR729378, PR740802, PR762225, PR774007 ppc 01Jul24]

Age	All shiftworkers	Shiftworkers other than continuous shiftworkers		Continuous shiftworkers only
	Saturday	Sunday	Public holidays	Sunday & public holidays
Legal, clerical and administrative employee	% of junior hourly rate
	175%	225%	275%	225%
	$	$	$	$
Level 1
Under 16 years	20.51	26.37	32.23	26.37
16 years	22.80	29.32	35.83	29.32
17 years	27.35	35.17	42.98	35.17
18 years	31.92	41.04	50.16	41.04
19 years	36.47	46.89	57.31	46.89
20 years	41.04	52.76	64.49	52.76
Level 2
Under 16 years	21.40	27.52	33.63	27.52
16 years	23.78	30.58	37.37	30.58
17 years	28.53	36.68	44.83	36.68
18 years	33.29	42.80	52.31	42.80
19 years	38.05	48.92	59.79	48.92
20 years	42.79	55.01	67.24	55.01
Level 3
Under 16 years	22.59	29.05	35.50	29.05
16 years	25.11	32.29	39.46	32.29
17 years	30.12	38.72	47.33	38.72
18 years	35.14	45.18	55.22	45.18
19 years	40.16	51.64	63.11	51.64
20 years	45.19	58.10	71.01	58.10
Level 4
Under 16 years	23.73	30.51	37.29	30.51
16 years	26.37	33.91	41.44	33.91
17 years	31.64	40.68	49.72	40.68
18 years	36.91	47.45	58.00	47.45
19 years	42.18	54.23	66.28	54.23
20 years	47.46	61.02	74.58	61.02

Schedule C—Summary of Monetary Allowances

[Varied by PR719086, PR729559, PR740965, PR762396, PR774175]

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

C.1 Expense-related allowances

[C.1.1 varied by PR719086, PR729559, PR740965, PR762396, PR774175 ppc 01Jul24]

C.1.1 The following allowances will be payable to employees in accordance with clause 18—Allowances:

Allowance	Clause	$	Payable
Meal allowance—overtime—Monday to Friday	18.2(a)(i)	19.43	per occasion
Meal allowance—overtime—Monday to Friday—further allowance	18.2(a)(i)	15.49	per occasion
Meal allowance—overtime—Saturday or Sunday	18.2(a)(ii)	19.43	per occasion
Meal allowance—overtime—Saturday or Sunday—further allowance	18.2(a)(ii)	15.49	per occasion
Uniform allowance	18.3	3.65	per week
Vehicle allowance—Motor car	18.4(a)(i)	0.98	per km
Vehicle allowance—Motorcycle	18.4(a)(ii)	0.33	per km

C.1.2 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
Uniform allowance	Clothing and footwear group
Vehicle allowance	Private motoring sub-group

Schedule D—Supported Wage System

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

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

D.2 In this schedule:

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

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

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

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

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

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

D.3 Eligibility criteria

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

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

D.4 Supported wage rates

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

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

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

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

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

D.5 Assessment of capacity

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

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

D.6 Lodgement of SWS wage assessment agreement

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

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

D.7 Review of assessment

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

D.8 Other terms and conditions of employment

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

D.9 Workplace adjustment

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

D.10 Trial period

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

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

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

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

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

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

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

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Take Annual Leave in Advance

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

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

I agree that:

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

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

[Schedule H—Part-day Public Holidays varied by PR716598; deleted by PR747476 ppc 14Nov22]

[Sched X—Additional Measures During the COVID-19 Pandemic inserted by PR718141; varied by PR720705, PR723048, PR728080, PR736911; deleted by PR743824 ppc 15Jul22]

Details

Title: Legal Services Award 2020
Code: MA000116

Effective:

Updated:

Instrument Type: Modern Award

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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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Legal Services Award 2020

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