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Mannequins and Models Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771393).
Clause(s) affected by the most recent variation(s):
20—Superannuation
Table of Contents
[Varied by PR723997, PR742720, PR747477, PR750498]
22. Penalties and penalty rates for full-time or part-time employees............................. 30
Part 1—Application and Operation of this Award
1.1 This award is the Mannequins and Models Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733853]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
booking means the period of engagement advised by the employer.
[Definition of casual employee inserted by PR733853 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
compere means a person whose work is compering mannequin parades.
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.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
foundation garment means an undergarment, e.g. a bra, underwear, corset, corselet or girdle, worn to give support or contours to the figure.
house mannequin or model means a full-time or part-time employee engaged to show clothing and accessories or ranges of clothing and accessories and who may be employed at other times in work associated with and incidental to that work.
mannequin means a casual employee whose work is exhibiting clothes or other fashion articles for the purpose of attracting a commercial interest.
model means a casual employee who poses or acts as a subject for photographers and/or a person who models for a hairdresser in the process of hair styling for advertising assignments.
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.
paradette means a mannequin parade where a collection of apparel is shown periodically over a period of a day or days in parades of no longer than 30 minutes’ duration each.
single parade means a mannequin parade, other than a paradette, which may be either exclusive or open to the public.
small employer means an employer who employs fewer than 15 employees.
standard rate means the minimum weekly rate for a house mannequin or model in clause 16.1(a).
3. The National Employment Standards and this award
3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This occupational award covers employers throughout Australia who employ mannequins and models to the exclusion of any other modern award.
4.2 This award covers any employer which supplies on-hire employees in classifications set out in clause 16—Minimum rates and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.2 operates subject to the exclusions from coverage in this award.
4.3 This award does not cover:
(a) an employee 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.
4.4 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.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763324 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.
7.1 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: |
|
14.2(c) |
Meal breaks |
An individual |
|
21.2 |
Time off instead of payment for overtime |
An individual |
|
23.3 |
Annual leave in advance |
An individual |
|
23.4 |
Cashing out of annual leave |
An individual |
|
28.2 |
Public holidays—substitution |
An individual |
|
28.5 |
Time off instead of payment for penalty rates |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be a full-time, part-time or casual employee.
A full-time employee is engaged to work an average of 38 hours per week on up to 5 days in any week.
10.1 A part-time employee:
(a) works less than full-time hours of 38 per week; and
(b) has reasonably predictable hours of work.
10.2 A part-time employee employed under the provisions of clause 10 must be paid for ordinary hours worked at the minimum hourly rate prescribed for the class of work performed.
(a) the hours worked each day;
(b) the days of the week the employee will work;
(c) the actual starting and finishing times of each day;
(d) the times of taking and the duration of meal breaks;
(e) that the minimum daily employment is 3 hours;
(f) that all time worked in excess of agreed hours is paid at the overtime rate; and
(g) that any variation to the agreement must be in writing;
10.4 Any agreement to vary the regular pattern of work must be made in writing before the variation occurs.
10.5 The agreement and any variation to it must be retained by the employer and a copy given by the employer to the employee.
[Varied by PR733853]
[11.1 deleted by PR733853 from 27Sep21]
11.1 General conditions of a written contract
[11.2 renumbered as 11.1 by PR733853 from 27Sep21]
Prior to the commencement of any work by the mannequin or model for any employer, the employer must specify in writing to the mannequin or model all details of the engagement including:
(a) what the employee is to wear or not wear;
(b) where, and under what conditions, the work is to be carried out;
(c) whether the employer requires the employee to work exclusively for the employer for the duration (or part thereof) of the engagement;
(d) whether the employee will at any time be required to hold themselves on-call and if so for what period(s) of time;
(e) whether the employee will be required to wear their hair in any particular style or colour;
(f) the way in which the work will be photographed or otherwise recorded; and
(g) the purpose for which the work, photograph, film, tape or other record will be used.
11.2 Cancellations and postponements
[11.3 renumbered as 11.2 by PR733853 from 27Sep21]
(a) In the case of a person engaged to perform work for less than a day, the following will apply:
(i) if work is cancelled on location, the full amount for the booking is to be paid;
(ii) if less than 24 hours’ notice of cancellation or postponement is given, the full amount for the booking will be paid;
(iii) if between 24 and 48 hours’ notice of cancellation or postponement is given, half the booking amount will be paid;
(iv) if the work is only deferred on 24 hours’ notice, 10% of the booking amount will be paid for the day on which the work was to have been performed and the full amount of the booking when the work is subsequently completed;
(v) if at least 48 hours’ notice of cancellation or postponement is given, no payment is required; and
(vi) if work is cancelled because weather conditions do not permit the satisfactory performance of work, no payment is required.
(b) In the case of engagements of between a day and one week in duration:
(i) if less than 48 hours’ notice of the cancellation is given, the full amount for the booking will be paid; or
(ii) if 48 hours’ or more notice of the cancellation is given, no payment is required.
(c) In the case of engagements of one week’s duration or longer:
(i) if less than 14 days’ notice of cancellation is given, one week’s casual wages will be paid; or
(ii) if 14 days’ notice or more notice of the cancellation is given, no payment is required.
11.3 Provisions for models
[11.4 renumbered as 11.3 by PR733853 from 27Sep21]
(a) Where a person is engaged to perform work for part of a day the following will apply:
(i) the time of work for which the hourly payment is to be made will be from the starting time arranged until the work is finished. The model is expected to arrive to start the work already made up and with hair fixed, or should arrive in sufficient time to prepare themselves and to be ready to start work by the time arranged; or
(ii) if a model arrives late or without reasonable excuse, delays the start or continuation of the work with the result that it is not reasonably practicable to start or complete the work on the same day, their payment or proportionate part of their payment according to the circumstances will be forfeited.
(b) A person engaged for a parade day must arrive at least 15 minutes before the first parade or at the time fixed when the booking was made. If the mannequin or model arrives late they forfeit the amount to be paid for the booking or if at the discretion of the employer or their representatives they are allowed to join in subsequent parades they will only be entitled to proportionate payment based on the number of parades in which they actually participate.
11.4 Offers and requests for casual conversion
[New 11.4 inserted by PR733853 ppc 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 31—Dispute resolution.
12.1 Ordinary hours of work for a full-time employee will be an average of 38 per week over 28 days, worked in any of the forms provided for in clause 12 or over a longer period by agreement.
12.2 Ordinary hours will be worked on not more than 5 days in any week, within the times set out in clause 12.4.
12.3 The maximum number of hours that will constitute a day’s work without the payment of overtime must not exceed 9 except on one day in any week when it will not exceed 10.5 hours.
The spread of ordinary hours will be as follows:
|
Days of the week |
Spread of hours |
|
Monday to Wednesday |
7.00 am to 9.00 pm |
|
Thursday, Friday and Saturday |
7.00 am to 6.00 pm |
13.2 Employees must be notified at least one week in advance of any change in the roster.
13.3 The roster may be changed by mutual agreement between the employer and the employee.
13.4 In the case of an emergency or other unforeseen circumstance the roster may be changed upon 48 hours’ notice being given by the employer to the employee.
13.5 Changes to rosters are subject to clause 30—Consultation about changes to rosters or hours of work.
(b) Rest breaks will be taken at times that will not interfere with the continuity of work where continuity is necessary.
(a) No employee will be required to work continuously for more than 5 hours without a break for a meal of at least 45 minutes.
(b) All employees will be allowed to leave the establishment where the work is being carried out for the whole of their break.
(c) An employee and employer may agree that the meal break for lunch will be 30 minutes.
15. Additional provisions for mannequins and models
15.1 Where mannequin or model or a house mannequin and model is required to appear in lingerie, foundation garments, semi-nude or nude they will be entitled to have another person of their choosing present at all times during the engagement.
15.2 An employer may not use or distribute the photograph, film or other record of the mannequin or model for any purpose other than that which is specified in writing to the mannequin or model at the time of engagement.
[Varied by PR718935, PR729379, PR740803, PR750498, PR762226]
16.1 Full-time and part-time employees
(a) Adult rates—house mannequins and models
The minimum rates for an adult house mannequin or model (18 years of age or older) are:
[16.1(a)(i) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(i) $943.70 per week; or
[16.1(a)(ii) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(ii) $24.83 per hour.
(b) Junior rates—house mannequins and models
The minimum rates for a junior house mannequin or model (under 18 years of age) are calculated in accordance with the following table:
|
Age |
% of rate for house mannequin or model |
|
15 years of age |
60 |
|
16 years of age |
75 |
|
17 years of age |
90 |
|
18 years of age and over |
100 |
16.2 Casual mannequins and models
[16.2 varied by PR750498 ppc 15Mar23]
These minimum rates apply to all persons (children and adults).
(a) Modelling for still photography, TV or movie appearances
[16.2(a) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
Duration of engagement |
$ |
|
One hour or part thereof |
120.78 |
|
Up to 2 hours |
191.25 |
|
Up to 4 hours |
292.41 |
|
Half day rate |
293.73 |
|
Full day rate |
586.15 |
[16.2(b) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
Duration/time of engagement |
$ |
|
9.00 am to 5.30 pm |
266.52 |
|
Day extended beyond 5.30 pm (minimum 1 hour payment)—per hour |
44.98 |
|
Half day |
148.81 |
|
Single showing (maximum 1 hour) |
100.49 |
|
Evening showing |
200.20 |
(c) Mannequins other than manufacturers’ and agents’ showings exclusively to the trade
[16.2(c) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
Duration/time of engagement |
$ |
|
Single parade finishing prior to or at 6.00 pm |
232.09 |
|
Single parade finishing after 6.00 pm |
262.66 |
(d) Mannequins showing foundation garments
(i) Manufacturers’ or agents’ or showroom work
[16.2(d)(i) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
Duration/time of engagement |
$ |
|
Full day—9.00 am to 5.30 pm—per day |
296.41 |
|
Half day (maximum 4 consecutive hours)—per half day |
148.81 |
|
Evening show parade starting after 5.30 pm |
204.88 |
Where a manufacturer’s or agent’s or showroom work showing of foundation garments is an uninterrupted or continuous presentation of showing of a range of foundation garments to more than one retailer simultaneously in the one place and at the same time, such showing will be deemed to be a public parade and be paid as such.
(ii) Store or public parades
[16.2(d)(ii) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
Store or public parades (maximum 2 consecutive hours)—$326.60 per parade.
(e) Repetitive parades (paradettes) other than manufacturers’ and agents’ showings exclusive trade
[16.2(e) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
Duration/day of engagement |
$ |
|
Engagement of maximum of 2 consecutive hours on 1 or 2 days (Monday to Friday)—per day |
262.66 |
|
Engagement of maximum of 2 consecutive hours on 3 or more days (Monday to Friday)—per day |
200.20 |
|
Engagement of maximum of 2 consecutive hours on a Saturday—per engagement |
262.66 |
|
Hourly rate where work performed continues beyond the 2 hour engagement—per hour |
68.60 |
(i) Duration/day of engagement
[16.2(f)(i) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
|
$ |
|
Engagement of maximum of 2 consecutive hours on 3 or more days (Monday to Friday) |
200.20 |
|
Engagement of maximum of 2 consecutive hours on a Saturday |
262.66 |
|
Hourly rate where work performed continues beyond the 2 hour engagement |
68.60 |
(ii) Type/duration of rehearsal
[16.2(f)(ii) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
|
|
$ |
|
Not dress rehearsal, immediately preceding parade—per hour or part thereof |
68.60 |
|
Not dress rehearsal, other than immediately preceding parade (maximum 2 consecutive hours)—per rehearsal |
176.71 |
|
Full dress (maximum 2 consecutive hours) |
Same as for parades |
(g) Fitting payment
[16.2(g) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
For a fitting requested by the employer—$66.49 per hour or part thereof.
(h) Test shots for models
(i) If a model is to be tested or a new model is to be photographed for test pictures and the model has been notified accordingly, no payment is necessary. Subsequent use of such test shots, however, is to be paid for at the applicable rate. The use of such test shots is to be specified in writing to the model.
(ii) Shots for layout purposes (trial shots) are to be paid for at the applicable rate.
(i) Provisions for mannequins
Where a manufacturer’s and/or agent’s showing exclusively to the trade is an uninterrupted or continuous presentation or showing of a range of clothing and/or accessories to more than one retailer simultaneously in the one place and at the same time, such showing will be deemed to be a parade, and be paid as such.
[16.2(j)(i) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(i) Trade showings or parades—an additional $50.30 per showing or parade for an earlier start than 9.00 am.
(ii) Freelance comperes—mannequin parades
[16.2(j)(ii) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
· Not required to prepare scripts—the applicable amount for mannequins plus an additional $47.28 per engagement.
· Required to prepare script for repetitive parades—the applicable amount for mannequins plus an additional $107.58 per engagement.
· Comperes required to prepare script for a single parade—the applicable amount for mannequins plus an additional $164.68 per engagement.
[16.2(k) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(k) Billboards/posters—when the photograph(s) taken are used for large billboards or posters (minimum size, 6 metres by 3 metres), an additional payment of $255.65 will be paid to each model involved.
[16.2(l) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(l) Mannequins other than manufacturers’ and agents’ showings exclusively to the trade—an additional $66.81 for an exclusive parade where the media is present.
NOTE: See Schedule A—Adjustment of Casual Rates and Penalties for a method of calculation and adjustment of payments in clauses 16.2(j) and 16.2(k).
[Note inserted by PR750498 ppc 15Mar23]
NOTE: The casual rate is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.
16.3 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage see Schedule C—Supported Wage System.
[Varied by PR719087, PR729560, PR740966, PR762397]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Employers must pay an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
17.2 Clothing and accessories
(b) Clause 17.2(a) will not apply where an employer provides such clothing or accessories.
(c) Items provided by the employer remain the property of the employer.
17.3 Full-time and part-time employees
(a) Transport allowances
[17.3(a)(i) varied by PR729560, PR740966, PR762397 ppc 01Jul23]
· the employee’s regular means of transport is not available; and
· the employee is unable to arrange their own alternative transport.
(iii) Clause 17.3(a)(ii) will not apply where the employer provides or arranges proper transportation to and/or from the employee’s usual place of residence; that transport will be provided at no cost to the employee.
(b) Living away from home allowance
Where an employer requires an employee to work temporarily away from their usual place of employment and to sleep away from their usual place of residence, the employee will be entitled to the following:
(i) reimbursement of fares to and from the place at which the employer requires the employee to work;
(ii) reimbursement of all reasonable expenses incurred for board and lodging; and
(iii) payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location, such paid time not to exceed 8 hours in 24 hours.
[17.3(c)(i) varied by PR719087, PR729560, PR740966, PR762397 ppc 01Jul23]
[17.3(c)(ii) varied by PR719087, PR729560, PR740966, PR762397 ppc 01Jul23]
(ii) Late night—any employee entitled pursuant to clause 14.2 of this award to a second meal break on a weekday will be paid a meal allowance of $15.58.
[17.3(c)(iii) varied by PR719087, PR729560, PR740966, PR762397 ppc 01Jul23]
(v) Payment—meal money must be paid on the same day as the overtime is worked or in the weekly or fortnightly pay.
(a) Travelling allowance (within a distance of 50 km of the capital city GPO)
Where a model or mannequin is required to travel in connection with an engagement within 50 km of the capital city GPO, the following allowances will be paid:
[17.4(a)(i) varied by PR729560, PR740966, PR762397 ppc 01Jul23]
(i) where the work location is 11 km or more but not exceeding 25 km from the capital city GPO—$13.03; or
[17.4(a)(ii) varied by PR729560, PR740966, PR762397 ppc 01Jul23]
(ii) where the work location is beyond 25 km and up to but not exceeding 50 km from the capital city GPO—$26.14.
(b) Distant work, fares and accommodation
(i) All fares to and from engagements outside of the radius of 50 km from the capital city GPO or outside of the radius of 50 km from the place in which the model resides will be reimbursed by the employer.
(ii) Such payment will be sufficient to cover the cost of first class rail travel where it is available.
(iii) Where the journey exceeds 240 km and normal air transport services are available, and where first class rail travel is not available, the payment must be sufficient to cover at least economy class air fares.
(iv) If the employer provides suitable transport to and from the engagement reimbursement for transport costs will not be required.
[17.4(b)(v) varied by PR729560, PR740966, PR762397 ppc 01Jul23]
(c) Hair treatment
(i) The cost of any hair treatment required by the employer of a mannequin or model for an assignment will be reimbursed by the employer.
(ii) Should the mannequin or model require their hair to be returned to its pre-engagement colour and/or style after the assignment, this cost will be met by the employer, provided that such treatment is carried out at a salon mutually acceptable and provided that the mannequin or model informs the employer prior to the original hair treatment that they will require their hair to be returned to its pre‑engagement colour and/or style at the conclusion of the engagement.
(d) Reproduction of photographs or film
Where a photograph or film of a mannequin or model is reproduced for any purpose other than that stated at the time of engagement, the mannequin or model will be paid for each reproduction as if it was a new and separate engagement at the rate specified for a full day.
(e) On-call allowance
A mannequin or model required to be on-call for any period of time will be paid an on-call payment equal to the applicable rate in clause 16.2(a) of this award for all time spent on-call.
18.1 Definitions
(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.
18.2 Entitlement to accident pay
The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum period of 26 weeks.
18.3 Calculation of the period
(a) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period.
(b) The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.
(c) For a period of less than one week, accident pay will be calculated on a pro rata basis.
18.4 When not entitled to payment
An employee will not be entitled to any payment under clause 18 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
18.5 Return to work
If an employee entitled to accident pay under clause 18 returns to work on reduced hours or modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.
18.6 Redemptions
In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.
18.7 Damages independent of the Acts
Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’ compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 18 and the employee will not be entitled to any further accident pay thereafter.
For a casual employee, the weekly payment referred to in clause 18.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments, shift loadings or overtime.
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.
19.1 Wages may be paid in cash, or by cheque or electronic funds transfer.
19.2 All wages due will be paid no later than Thursday in each pay period and must be paid during working hours. When Friday is a holiday, wages will be paid no later than Wednesday in that week.
19.3 Frequency of payment for full-time employees
(a) In the case of an employee who works a 38 hour week wages will be paid weekly or fortnightly according to the actual hours worked each week or fortnight.
(b) In the case of an employee whose ordinary hours of work are arranged so that they work an average of 38 ordinary hours each week during a particular work cycle, wages must be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.
19.4 Frequency of payment for part-time employees
In the case of a part-time employee, wages will be paid weekly or fortnightly according to the actual hours worked each week or fortnight.
19.5 Frequency of payment for casual employees
Wages will be paid to the employee no later than 14 days following the completion of the engagement, except in the case of a weekly or longer engagement in which case wages must be paid no later than 14 days after the completion of each week of such engagement.
19.6 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 19.6(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 19.6(b) allows the Commission to make an order delaying the requirement to make a payment under clause 19.6. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR771393]
20.1 Superannuation legislation
[20.1 substituted by PR771393 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 20 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
20.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.
20.4 Superannuation fund
[20.4 varied by PR771393 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(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) Retail Employees Superannuation Trust (REST);
(b) AustralianSuper;
(c) Tasplan;
(d) CareSuper;
(e) Sunsuper;
(f) Media Super;
(g) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund or its successor fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(h) a superannuation fund or scheme which the employee is a defined benefit member of.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Overtime and Penalty Rates
21. Overtime for full-time or part-time employees
[21—Overtime renamed and varied by PR723997 ppc20Nov20; varied by PR763324]
21.1 For all work done in excess of 38 hours per week, or outside the spread of ordinary hours in clause 12.4, an employee must be paid at:
(a) 150% of the minimum hourly rate for the first 3 hours; and
(b) 200% of the minimum hourly rate after 3 hours.
21.2 Time off instead of payment for overtime
(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE: By making an agreement under clause 21.2 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 21.2 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.2(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.2 will apply for overtime that has been worked.
[Note varied by PR763324 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).
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.2 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 21.2.
22. Penalties and penalty rates for full-time or part-time employees
[Varied by PR718935, PR729379, PR740803, PR762226]
22.1 Evening and Saturday work
[22.1(a)(i) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(i) An additional $5.95 per hour will be paid to employees for all time worked within ordinary hours between 6.00 pm and 9.00 pm on a Monday, Tuesday or Wednesday.
[22.1(a)(ii) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(ii) An additional $12.27 per hour will be paid to employees for all time worked within ordinary hours between 7.00 am and 6.00 pm on a Saturday.
NOTE: Ordinary hours of work on a Thursday, Friday and Saturday are to be worked between 7.00 am and 6.00 pm (see clause 12.4). Ordinary hours worked outside these times on these days are paid at overtime rates (see clause 21.1).
[22.1(b)(i) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(i) An additional amount will be paid to all junior employees for all time worked within ordinary hours between 6.00 pm and 9.00 pm on a weekday as follows:
|
Age |
$ per hour |
|
15 years of age |
3.59 |
|
16 years of age |
4.44 |
|
17 years of age |
5.38 |
|
18 years of age and over |
5.95 |
[22.1(b)(ii) varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
(ii) An additional amount will be paid to all junior employees for all time worked within ordinary hours between 7.00 am and 6.00 pm on a Saturday as follows:
|
Age |
$ per hour |
|
15 years of age |
7.36 |
|
16 years of age |
9.15 |
|
17 years of age |
11.04 |
|
18 years of age and over |
12.27 |
NOTE: See Schedule A.2 for method of calculating and adjusting penalties in clause 22.1.
22.2 Sunday work
The penalty rate for all work done on Sunday will be 200% of the employee’s minimum hourly rate.
Part 6—Leave and Public Holidays
23.1 Annual leave is provided for in the NES.
23.2 Payment for annual leave
In addition to the payment provided for in the NES, an employer is required to pay leave loading of 17.5% of that payment.
(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 23.3 is set out at Schedule D—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 23.3 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 23.3, 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.
23.4 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.4.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.4.
(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 23.4 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 23.4 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 23.4 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 23.4.
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 23.4.
NOTE 3: An example of the type of agreement required by clause 23.4 is set out at Schedule E—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Cash Out Annual Leave.
23.5 Excessive leave accruals: general provision
NOTE: Clauses 23.5 to 23.7 contain provisions, additional to the National Employment Standards, 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.
(c) Clause 23.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 23.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
23.6 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 23.5(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 23.6(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 23.5, 23.6 or 23.7 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 23.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 23.6(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 23.6(d) may result in the direction ceasing to have effect. See clause 23.6(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.
23.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.5(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 23.7(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 23.6(a) that, when any other paid annual leave arrangements (whether made under clause 23.5, 23.6 or 23.7 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 23.7(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 23.5, 23.6 or 23.7 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 23.7(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 23.7(a).
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
25. Parental leave and related entitlements
[25 varied by PR763324 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.
Community service leave is provided for in the NES.
27. Family and domestic violence leave
[27—Unpaid family and domestic violence leave renamed and substituted by PR750498 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747477]
28.1 Public holiday entitlements are provided for in the NES.
28.2 All work performed on a public holiday or a substituted day will be paid at 250% of the employee’s minimum hourly rate.
28.3 Public holiday substitution
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
28.4 An employee who works only on a standard Monday to Friday roster will not receive compensation for Easter Saturday or Anzac Day when it occurs on a weekend.
[28.5 deleted by PR747477 ppc 14Nov22]
28.5 Time off instead of payment for penalty rates
[28.6 renumbered as 28.5 by PR747477 ppc 14Nov22]
(a) Time off instead of payment of the penalty rate prescribed for work on a public holiday pursuant to clause 28 may be provided if an employee so elects and it is agreed by the employer.
(b) Such time off must be taken at a mutually convenient time and within 4 weeks of the public holiday or, where agreed between the employee and the employer, may be accumulated and taken as part of annual leave.
(c) Time off instead of payment for penalty rates must equate to the penalty rate, e.g. if the employee works 3 hours on a public holiday and the additional penalty rate is 150% of the minimum hourly rate and the employee elects to take time off instead of payment, the time off would equal 4.5 hours.
Part 7—Consultation and Dispute Resolution
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.
30.3 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
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.
[Varied by PR763324]
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.
31.3 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 inserted by PR763324 ppc 01Aug23]
NOTE 1: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763324 ppc 01Aug23]
NOTE 2: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8— Termination of Employment and Redundancy
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.
|
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.
(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.
NOTE: Redundancy pay is provided for in the NES. See sections 119–123 of the Act. Clause 33.4 supplements the NES by providing redundancy pay for employees of a small business employer.
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
(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 and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
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 119–123 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.
33.4 Severance pay—employees of a small employer
(a) Clause 33.4 applies to an employee of a small business employer, except for an employee who is excluded from redundancy pay under the NES by sections 121(1)(a), 123(1), 123(4)(a) or 123(4)(d) of the Act.
(b) In clause 33.4(a) an employee is an employee of a small business employer if, immediately before the time the employee’s employment is terminated, or at the time when the employee is given notice of termination as described in section 117(1) of the Act (whichever happens first), the employer is a small business employer as defined by section 23 of the Act.
(c) Subject to clauses 33.4(f) and 33.4(g), an employee is entitled to be paid redundancy pay by the employer if the employee’s employment is terminated:
(i) at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or
(ii) because of the insolvency or bankruptcy of the employer.
Table 2—Redundancy pay period
|
Column 1 Employee’s period of continuous service with the employer on termination |
Column 2 Redundancy pay period |
|
Less than 1 year |
Nil |
|
At least 1 year but less than 2 years |
4 weeks |
|
At least 2 years but less than 3 years |
6 weeks |
|
At least 3 years but less than 4 years |
7 weeks |
|
At least 4 years and over |
8 weeks |
(e) In clause 33.4(d) continuous service has the same meaning as in section 119 of the Act.
(f) The terms of section 120 of the Act apply as if section 120 referred to ‘clause 33.4(c) above’ rather than ‘section 119’.
NOTE: Under section 120 of the Act the Fair Work Commission can determine that the amount of redundancy pay under the NES is to be reduced if the employer obtains other acceptable employment for the employee or cannot pay that amount. Clause 33.4(f) applies these arrangements also to redundancy pay under clause 33.4.
(g) The terms of section 122 of the Act apply as if section 122 referred to ‘clause 33.4’ rather than ‘this Subdivision’ and to ‘paragraph (c) above’ rather than ‘section 119’.
NOTE: Under section 122 of the Act transfer of employment situations can affect the obligation to pay redundancy pay under the NES and the Fair Work Commission can make orders affecting redundancy pay. Clause 33.4(g) applies these arrangements also to redundancy pay under clause 33.4.
Schedule A—Adjustment of Casual Rates and Penalties
[Varied by PR718935, PR729379, PR740803, PR750869, PR762226]
A.1 Casual mannequins and models
[A.1 varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
The additional rates for Casual mannequins and models in clause 16.2(j) and 16.2(l) are based on the standard rate as defined in Clause 2—Definitions as the minimum weekly rate for a house mannequin or model in clause 16.1(a) = $943.70.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Trade showings or parades |
16.2(j)(i) |
5.33 |
50.30 |
per showing or parade |
|
Freelance comperes—mannequin parades—Not required to prepare a script |
16.2(j)(ii) |
5.01 |
47.28 |
per engagement |
|
Freelance comperes—mannequin parades—Required to prepare a script for repetitive parades |
16.2(j)(ii) |
11.4 |
107.58 |
per engagement |
|
Freelance comperes—mannequin parades—Required to prepare a script for a single parade |
16.2(j)(ii) |
17.45 |
164.68 |
per engagement |
|
Billboards/posters |
16.2(k) |
27.09 |
255.65 |
additional payment to each model involved |
|
Mannequins—other than manufacturers’ and agents’ showings exclusively to the trade |
16.2(l) |
7.08 |
66.81 |
per exclusive parade where media is present |
[A.2 varied by PR718935, PR729379, PR740803, PR762226 ppc 01Jul23]
The penalties in clause 22 of this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a house mannequin or model in clause 16.1(a) = $943.70.
|
Penalty |
Clause |
% of standard rate |
$ |
Payable |
|
Evening and Saturday work: |
22.1 |
|
|
|
|
House mannequin or model—between 6.00 pm and 9.00 pm on a weekday |
22.1(a)(i) |
0.63 |
5.95 |
per hour |
|
House mannequin or model—between 7.00 am and 6.00 pm on a Saturday |
22.1(a)(ii) |
1.3 |
12.27 |
per hour |
|
Evening and Saturday work—juniors: |
22.1(b) |
|
|
|
|
Ordinary hours between 6.00 pm and 9.00 pm on a weekday: |
22.1(b)(i) |
|
|
|
|
15 years of age |
|
0.38 |
3.59 |
per hour |
|
16 years of age |
|
0.47 |
4.44 |
per hour |
|
17 years of age |
|
0.57 |
5.38 |
per hour |
|
18 years of age and over |
|
0.63 |
5.95 |
per hour |
|
Ordinary hours between 7.00 am and 6.00 pm on a Saturday: |
22.1(b)(ii) |
|
|
|
|
15 years of age |
|
0.78 |
7.36 |
per hour |
|
16 years of age |
|
0.97 |
9.15 |
per hour |
|
17 years of age |
|
1.17 |
11.04 |
per hour |
|
18 years of age and over |
|
1.3 |
12.27 |
per hour |
A.3 Automatic adjustment of casual rates and penalties
[A.3 renamed and substituted by PR750869 ppc 15Mar23]
The amount of each casual rate or penalty is the percentage of the standard rate specified and will automatically adjust to reflect the specified percentage when the standard rate is varied.
Schedule B—Summary of Monetary Allowances
[Varied by PR719087, PR729560, PR740966, PR762397]
B.1 Expense-related allowances
[B.1.1 varied by PR719087, PR729560, PR740966, PR762397 ppc 01Jul23]
B.1.1 The following expense-related allowances will be payable to employees in accordance with clause 17—Allowances:
|
Allowance |
Clause |
$ |
Payable |
|
Full-time and part-time employees: |
|
|
|
|
Transport allowance—use of own motor vehicle |
17.3(a)(i) |
0.95 |
per km |
|
Meal allowances—Overtime—at least one hour |
17.3(c)(i) |
15.58 |
per occasion |
|
Meal allowances—Overtime—exceeds 4 hours |
17.3(c)(i) |
13.98 |
per occasion |
|
Meal allowances—Late night—second meal break |
17.3(c)(ii) |
15.58 |
per occasion |
|
Meal allowances—Overtime on Sunday |
17.3(c)(iii) |
15.58 |
per occasion |
|
Meal allowances—Overtime on Sunday—more than 8 hours’ work |
17.3(c)(iii) |
13.98 |
per occasion |
|
Casual employees: |
|
|
|
|
Travelling allowances—11km up to 25km from capital city GPO |
17.4(a)(i) |
13.03 |
per engagement |
|
Travelling allowances—25km up to 50km from capital city GPO |
17.4(a)(ii) |
26.14 |
per engagement |
|
Travelling allowances—Distant work, fares and accommodation—use of own motor vehicle |
17.4(b)(v) |
0.95 |
per km |
B.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 |
|
Motor vehicle allowance |
Private motoring sub-group |
|
Meal allowances |
Take away and fast foods sub-group |
|
Travelling allowance |
Transport group |
Schedule C—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969]
C.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.
C.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.
C.3 Eligibility criteria
C.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.
C.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.
C.4 Supported wage rates
C.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 C.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
C.4.2 Provided that the minimum amount payable must be not less than $102 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.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.
C.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.
C.6 Lodgement of SWS wage assessment agreement
C.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.
C.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.
C.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.
C.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.
C.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.
C.10 Trial period
C.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.
C.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.
[C.10.3 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.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 C.5.
Schedule D—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule E—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule F—Part-day Public Holidays deleted by PR747477 ppc 14Nov22]
[Sched X—Additional Measures During the COVID-19 Pandemic deleted by PR742720 ppc 17Jun22]
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