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Animal Care and Veterinary Services Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777354 and PR778102).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
30—Dispute resolution
Table of Contents
[Varied by PR718141; PR746868, PR747478, PR750427, PR774847, PR778102]
Part 1— Application and Operation of this Award
3. The National Employment Standards
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
13. Ordinary hours of work and rostering
13A. Employee right to disconnect
18. Professional development and indemnity (veterinary surgeons only)
Part 5— Overtime and Penalty Rates
21. Penalty rates—employees other than veterinary surgeons
Part 6— Leave and Public Holidays
23. Personal/carer’s leave and compassionate leave
24. Parental leave and related entitlements
26. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
27A. Workplace delegates’ rights
28. Consultation about major workplace change
29. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Classification Definitions
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary Allowances
Schedule D —Supported Wage System
Schedule E —Agreement for Time Off Instead of Payment for Overtime
Schedule F —Agreement to Take Annual Leave in Advance
Schedule G —Agreement to Cash Out Annual Leave
Part 1—Application and Operation of this Award
1.1 This award is the Animal Care and Veterinary Services Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733870, PR774847, PR777354]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
active on-call duty means duty where the associate, who is on-call duty, actually attends cases. Active on-call duty is not counted towards ordinary hours of duty or extra hours of duty under this award unless the associate undertakes scheduled work.
animal care industry has the meaning given in clause 4.3.
associate means a veterinary surgeon who is employed on a full-time, part-time or casual basis.
associate’s ordinary rate of pay means the actual remuneration for the associate’s normal weekly rostered hours of work.
[Definition of casual employee inserted by PR733870 from 27Sep21; varied by PR777354 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 PR774847 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 PR774847 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).
intern means a veterinary surgeon who is enrolled in a structured training program where the intern is provided direct supervision and training by at least one registered veterinary surgeon.
internship means the structured training program for an intern. An internship will be accomplished in not more than 2 years.
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-call duty means duty where the associate is not required to remain at the veterinary practice but is required to be available to attend unscheduled cases and that duty commences outside the associate’s ordinary hours of duty and extra hours of duty. On-call duty is not counted towards ordinary hours of duty or extra hours of duty under this award.
on-hire means the on-hire of an employee by their employer to a client, where the employee works under the general guidance and instruction of the client or a representative of the client.
other than veterinary surgeons refers to employees within the classification structures prescribed in clauses A.1 and A.2.
resident means a veterinary surgeon who is enrolled in a structured training program and is provided with direct supervision and training by at least one registered veterinary specialist.
residency means the structured training program for a resident.
[Definition of small business employer inserted by PR774847 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a Level 3 in clause 15.2.
veterinary surgeon means a qualified veterinary surgeon who satisfies the statutory and professional requirements to practice in the State or Territory in which they practice (e.g. registration with the relevant State or Territory Veterinary Board).
veterinary surgery industry has the meaning given in clause 4.2.
[Definition of workplace delegate inserted by PR774847 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards
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.
[Varied by PR743466]
4.1 This award covers employers throughout Australia in the veterinary surgery industry and the animal care industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award.
4.2 The veterinary surgery industry means private veterinary surgery practices.
[4.4 varied by PR743466 ppc 11Jul22]
4.4 The award does not cover employers in the following industries:
(a) Amusement, Events and Recreation Award 2020;
(b) Food, Beverage and Tobacco Manufacturing Award 2020;
(c) Horse and Greyhound Training Award 2020; and
(d) Pastoral Award 2020.
4.5 This award covers any employer which supplies labour on an on-hire basis in the veterinary surgery industry and the animal care 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 those industries. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award covers employers which provide group training services for trainees engaged in the veterinary surgery and animal care industries and/or parts of those industries and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.
4.7 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)), or employers in relation to those employees.
4.8 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763325 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
7.1 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: |
|
13.2(c) |
Span of hours—day work |
An individual |
|
14.1 |
Unpaid meal break |
An individual |
|
14.2(d) |
Paid rest break |
|
|
17.1(c) |
Frequency of payment |
An individual |
|
20.2(b) |
Veterinary surgeons |
An individual |
|
20.3 |
Time off instead of payment for overtime |
An individual |
|
22.4 |
Annual leave in advance |
An individual |
|
22.6 |
Cashing out of annual leave |
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 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.
A full-time employee is engaged for an average of 38 ordinary hours per week.
10.1 A part-time employee is an employee who is engaged to perform less than 38 ordinary hours on a regular basis.
10.2 Part-time employees receive equivalent pay and conditions to those of full-time employees on a pro rata basis.
[Varied by PR723851, PR733870, PR777354]
[11.1 deleted by PR733870 from 27Sep21]
[11.2 substituted by PR723851 ppc 20Nov20; 11.2 renumbered as 11.1 by PR733870 from 27Sep21]
11.1 For each ordinary hour worked, a casual employee must be paid:
(a) the minimum hourly rate for the classification in which they are employed; and
(b) a loading of 25% of the minimum hourly rate.
[11.3 renumbered as 11.2 by PR733870 from 27Sep21]
11.2 This loading is paid instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
[New 11.4 inserted by PR723851 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733870 from 27Sep21]
11.3 When a casual employee works overtime, they must be paid the overtime rates in clause 20.1(c).
[11.4 renumbered as 11.5 by PR723851, 11.5 renumbered as 11.4 by PR733870 from 27Sep21]
11.4 Casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate.
[11.5 renumbered as 11.6 by PR723851, 11.6 renumbered as 11.5 by PR733870 from 27Sep21]
11.5 The minimum engagement period for an employee will be 2.5 hours if all of the following circumstances apply:
(a) the employee is a full-time secondary school student; and
(b) the employee is engaged to work between the hours of 3.00 pm and 7.00 pm on a day which they are required to attend school; and
(c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than 3 hours; and
(d) employment for a longer period than the period of the engagement is not possible either because of the operational requirements of the employer or the unavailability of the employee.
11.6 Changes to casual employment status
[11.6 renumbered as 11.7 by PR723851; 11.7 renumbered as 11.6 and renamed and substituted by PR733870; renamed and substituted by PR777354 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.
12.1 A description of the classifications under this award is set out Schedule A—Classification Definitions.
12.2 All employees covered by this award must be classified according to the structure set out in Schedule A—Classification Definitions.
12.3 Employers must advise their employees in writing of their classification and of any changes to their classification.
12.4 The employer must determine the employee’s classification based on the skill level or levels that the employee requires to carry out the principal functions of their employment. The principal functions of employment will be determined by the employer.
13. Ordinary hours of work and rostering
13.1 Weekly hours of work
(a) The ordinary hours of work are an average of 38 per week. The averaged hours must not exceed 152 hours in 28 days, or an average of 38 hours over the period of an agreed roster cycle.
(b) The maximum length of the ordinary hours for any one shift must not exceed 10 hours not including meal breaks.
13.2 Span of hours—day work
(a) The ordinary hours of work will be between 6.00 am and 9.00 pm Monday to Sunday.
(b) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.
(c) The employer and an individual employee may agree to alter the span of hours.
The following provisions apply to veterinary surgeons:
(b) Daily work rosters will be published at least one month in advance. All annual holiday and public holiday rosters will be published at least 2 months in advance.
13.4 Make-up time
An employee may elect, with the consent of the employer, to work make-up time where the employee takes time off during ordinary hours, and works those hours at a later time during the spread of ordinary hours provided in this award.
13A. Employee right to disconnect
[13A inserted by PR778102 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the on-call allowance under clause 16.2(c) or 16.3(a); and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the on-call.
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 20.1(e).
An unpaid meal break of not less than 30 minutes must be allowed to each employee between the fourth and fifth hour of work. In times of emergency or staff accident or illness the time of the meal break can be varied by agreement between the employer and the employee.
14.2 Paid rest break
(a) All employees (other than associates) must receive, where practicable, a paid rest break of 10 minutes after 4 hours work.
(b) Where the employee works 7.6 hours per day the employee will be entitled to 2 10 minute paid rest breaks.
(c) Rest breaks will be taken at times that do not interfere with continuity of work where continuity is necessary.
(d) Where there is agreement, rest breaks can be combined into one 20 minute paid rest break.
(e) Rest breaks are to be counted as part of time worked.
[Varied by PR720159, PR718936, PR729380, PR740804, PR762227, PR767907, PR774009]
15.1 Animal care industry inspectors
[15.1 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Minimum annual salary |
Minimum hourly rate |
|
|
$ |
$ |
|
Inspector Level 1 |
62,335 |
31.55 |
|
Inspector Level 2 |
65,765 |
33.28 |
|
Senior Inspector Level 3 |
71,052 |
35.96 |
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 Practice managers, Veterinary nurses, Receptionists, Animal attendants and Assistants
[15.2 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Introductory level |
891.50 |
23.46 |
|
Level 1 |
915.90 |
24.10 |
|
Level 2 |
989.80 |
26.05 |
|
Level 3 |
1032.30 |
27.17 |
|
Level 4 |
1126.30 |
29.64 |
|
Level 5—Practice manager |
1183.50 |
31.14 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[15.3 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Minimum annual salary |
Minimum hourly rate |
|
|
$ |
$ |
|
Level 1A |
62,335 |
31.55 |
|
Level 1B |
65,765 |
33.28 |
|
Level 2 |
71,052 |
35.96 |
|
Level 3 |
78,058 |
39.50 |
|
Level 4 |
88,172 |
44.62 |
NOTE: For the purposes of calculating hourly rates for veterinary surgeons, the annual rates are divided by 52, then rounded to the nearest $0.10 and divided by 38.
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[15.4 varied by PR767907 ppc 31Dec23]
Junior employees must be paid the following percentage of the appropriate wage rate in clause 15—Minimum rates.
|
Age |
% |
|
Under 17 years of age |
50 |
|
17 years of age |
60 |
|
18 years of age |
70 |
|
19 years of age |
80 |
|
20 years of age |
90 |
15.5 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.
[15.6(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.6(b) varied by PR720159 ppc 18Jun20, PR718936, PR729380, PR740804, PR762227, PR774009 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 Animal Care and Veterinary Services Award 2020 and not the Miscellaneous Award 2020.
15.7 Higher duties
(a) Other than veterinary surgeons
(i) An employee engaged for a day or shift on duties for which a higher rate than their ordinary classification is paid must be paid the higher rate for that day or shift.
(b) Veterinary surgeons
An associate who is required to perform duties at a higher classification level for a temporary period of more than 2 weeks must be paid the higher salary for the period during which those duties are performed.
[Varied by PR718936, PR719088, PR729380, PR729561, PR740804, PR740967, PR762227, PR762398, PR774009, PR774177]
16.1 Employers must pay to an employee the allowances the employee is entitled to under clause 16.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
16.2 Wage-related allowances—other than veterinary surgeons
[16.2(a) varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
An employee required to carry out their ordinary hours of duty in more than one shift will be paid $16.52 per shift. This is to be paid only once per 24 hour period.
[16.2(b) varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
An allowance of $20.23 per week will be paid to an employee who is a qualified first aid attendant and is appointed by the employer to carry out first aid duties.
Employees rostered to be on-call will receive an additional amount as follows:
[16.2(c)(i) varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
(i) $21.37 for each 24 hour period or part thereof when the on-call period is between rostered shifts of ordinary hours Monday to Friday inclusive.
[16.2(c)(ii) varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
(ii) $32.10 for each 24 hour period or part thereof when the on-call period is on a Saturday.
[16.2(c)(iii) varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
16.3 Wage-related allowances—veterinary surgeons
[16.3(a) varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
An associate required to be on-call will receive a minimum amount of $52.23 for each period of on-call duty. A new period of such duty will be deemed to commence each 24 hours if continuous on-call duty is required.
NOTE: An associate is not in receipt of a day off for the purposes of clause 13.3(c) if they perform scheduled active on-call duty on that day.
(ii) By agreement, on-call remuneration can be compensated by one or a combination of the following:
· payment;
· time off instead of payment at the employee’s ordinary rate on an hour for hour basis; and
· an annual allowance not less than what otherwise would have been payable but for clause 16.3(a).
(iii) Agreements under clause 16.3(a) must be recorded in writing and kept as part of the time and wages records kept by the employer.
16.4 Expense-related allowances—all employees
(a) Clothing and laundry allowance
(i) An employee who is required to wear a uniform must be provided with:
· an allowance equivalent to the cost of the uniform; and
· a laundry allowance of $6.51 per week.
(ii) The allowance in clause 16.4(a)(i) will not be paid where the employer provides the uniform and launders the uniform.
(iii) If the employer provides the uniform, the uniform remains property of the employer.
(i) The employer must meet all reasonable expenses of travel where it is required in the performance of duties.
[16.4(b)(ii) varied by PR729561, PR740967, PR762398, PR774177 ppc 01Jul24]
(ii) An employee required by the employer to use their motor vehicle in the performance of duties must be paid the following allowances:
· motor vehicle—$0.98 per kilometre; or
· motorcycle—$0.33 per kilometre.
(iii) Where an employer provides a motor vehicle which is used by an employee in the performance of the employee’s duties the employer must pay all expenses including registration, running and maintenance.
16.5 Expense-related allowances—other than veterinary surgeons
[16.5(a)(i) varied by PR719088, PR729561, PR740967, PR762398, PR774177 ppc 01Jul24]
(i) An employee who is required to work overtime for more than one and a half hours, must be paid:
· $14.61 for the first meal; and
· $12.55 for the second meal and each subsequent meal for each period of 4 hours overtime worked.
(ii) The provisions of clause 16.5(a)(i) do not apply:
· if the employee is notified prior to the completion of work on the previous day that they will be required to work overtime; or
· if the employer provides the employee with a substantial meal on each occasion; or
· in relation to the allowance for second and subsequent meals, if the employer advised the employee on the previous day or earlier that the amount of overtime to be worked will require a second or subsequent meal.
(iii) If an employee provides a meal, or meals, on the basis that they have been given notice to work overtime and the employee is then not required to work overtime or is required to work less than the amount advised, they must be paid the allowances as prescribed in clause 16.5(a)(i) for surplus meals which they have provided.
16.6 Expense-related allowances—veterinary surgeons
(a) Communication systems
(ii) The employer must meet the system’s running costs for practice usage or provide an allowance to cover such costs.
(iii) A communication system will be provided to an associate who is required to perform on-call duty in accordance with clause 16.6(a)(i) so that the associate is able to remain available without being restricted to one location, provided the associate is:
· within effective communication zones at all times; and
· within reasonable access to the practice location.
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 Frequency of payment
(a) Associates must be paid at least monthly. This payment must include all earnings verified to the employer at that date.
(b) It is the duty of the employer to ensure that payment is made on a set day and preferably at a regular time. It is the duty of the associate to provide all information concerning claims prior to the processing of such payment.
Wages must either be paid by cash, cheque or electronic funds transfer (EFT) into the bank or financial institution account nominated by the employee.
17.3 Day off coinciding with payday
An employee paid wages by cash or cheque must be paid no later than the working day immediately following pay day if the employee has payday off by virtue of arrangement of their ordinary hours. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding the payday.
17.4 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.4. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
18. Professional development and indemnity (veterinary surgeons only)
18.1 Clause 18 applies only to veterinary surgeons.
(a) A veterinary surgeon undertaking a program of residency or internship must receive payment in accordance with the award for required practice duties.
(b) At the commencement of the residency or internship an agreement will be entered into which includes clarification of the following matters:
(i) the goals of the program and the expectations of both parties;
(ii) the time devoted to required practice duties and a mechanism to respond to additional requirements;
(iii) the provision and type of structured training and supervision and whether this includes formal teaching time (such as lectures and tutorials); and
(iv) the access that the resident/intern will have to the practice for observation and study.
(c) For the purpose of clause 18.2, required practice means the agreed clinical duties and responsibilities primarily associated with the training program in which the veterinary surgeon is currently engaged.
(d) Agreements under clause 18.2 must be recorded in writing and kept as a part of the time and wages records kept by the employer.
18.3 To facilitate skill acquisition and career progression, a full-time associate is entitled to one week’s paid study leave, at the associate’s ordinary rate of pay, for each completed year of service. A part-time associate is entitled to such leave on a pro rata basis.
18.4 The employer and the associate should agree on criteria for professional development having regard to the cost, accessibility and availability of courses relevant to the practice needs and the number of veterinarians seeking such opportunity.
18.5 The employer must pay any course registration fees for agreed professional development activities. The employer, at its discretion, may agree with the associate to pay for other expenses relating to these activities (travel, accommodation, etc.).
18.6 Where the employer pays course registration fees, the associate has the duty to disseminate the knowledge gained to other members of the practice in which they are employed. All conference publications from paid courses remain the property of the employer.
18.7 On request, the employer must provide all associates, including part-time and casual associates, with written proof that the employer holds professional indemnity and public liability insurance to cover the associate in relation to the exercise of the associate’s duties with the employer.
[Varied by PR771394]
19.1 Superannuation legislation
[19.1 substituted by PR771394 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.
19.4 Superannuation fund
[19.4 varied by PR771394 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) Statewide Superannuation Trust;
(c) Tasplan;
(d) CareSuper;
(e) Sunsuper;
(f) AustSafe Super;
(g) GuildSuper;
(h) 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
(i) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR723851, PR763325]
20.1 Employees other than veterinary surgeons
[20.1(a) substituted by PR723851 ppc 20Nov20]
(a) Overtime rates must be paid to full-time and part-time employees in accordance with clause 20.1(b) and to casual employees in accordance with clause 20.1(c) as follows:
(i) to employees other than shiftworkers—for all work performed outside the ordinary hours; and
(b) Overtime rates for employees other than veterinary surgeons—full-time and part-time employees
[20.1(b) renamed by PR723851 ppc 20Nov20]
(i) Monday to Saturday
[20.1(b)(i) varied by PR723851 ppc 20Nov20]
150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after 3 hours.
(ii) Sunday
200% of the minimum hourly rate with a minimum payment of 3 hours provided the employee is ready willing and available to work such overtime.
(c) Overtime rates for employees other than veterinary surgeons—casual employees
[New 20.1(c) inserted by PR723851 ppc 20Nov20]
(i) Monday to Saturday
175% of the minimum hourly rate for the first 3 hours and 225% of the minimum hourly rate after 3 hours.
(ii) Sunday
225% of the minimum hourly rate with a minimum payment of 3 hours provided the employee is ready willing and available to work such overtime.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time and part-time employees prescribed by clause 20.1(b).
[20.1(c) renumbered as 20.1(d) by PR723851 ppc 20Nov20]
(d) In calculating overtime, each day’s work stands alone.
(e) Return to duty (other than veterinary surgeons)
[20.1(d) renumbered as 20.1(e) by PR723851 ppc 20Nov20]
(i) Where an employee is required to return to duty after the usual finishing hour of work for that day, the employee must be paid at the appropriate overtime rate and must receive a minimum payment as for 3 hours’ work.
(ii) Clause 20.1(e) does not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.
(i) granting additional remuneration at the employee’s ordinary time rate; or
(ii) granting time off instead of payment on an hour for hour basis, if agreed by the associate.
(b) An allowance instead of some or all of the amounts otherwise payable under clause 20.2(a) may be paid where the associate and employer reach agreement. The allowance and any other payments for extra hours are not to be less than would otherwise have been payable under clause 20.2(a) calculated over a calendar year.
(c) Agreements under clause 20.2 must be recorded in writing.
20.3 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.
(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;
(iv) that any payment mentioned in clause 20.3(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.3 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 20.3 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 20.3 an employee who worked 2 overtime hours is entitled to 2 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.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.3 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 20.3(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 20.3 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 20.3 will apply, including the requirement for separate written agreements under clause 20.3(b) for overtime that has been worked.
[Note varied by PR763325 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 20.3 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 20.3.
21. Penalty rates—employees other than veterinary surgeons
[Varied by PR747478]
21.1 Weekend rates and public holiday penalties—other than shiftwork
[21.1 varied by PR747478 ppc 14Nov22]
The following penalty rates apply to employees other than shiftworkers working ordinary hours on weekends and public holidays:
|
|
Full time and part-time employees |
Casual employees |
|
|
|
% of minimum hourly rate |
||
|
Saturday |
First 3 hours (after 1 pm) |
150 |
175 |
|
After 3 hours |
200 |
225 |
|
|
Sunday |
200 |
225 |
|
|
Public holiday1 |
250 |
275 |
|
1 Work on public holiday is subject to a minimum engagement of 4 hours in accordance with clauses 27.2(a) and 27.2(b).
21.2 Shiftwork penalty rates
The following rates apply to ordinary hours of work for employees engaged on shiftwork:
(a) 115% of the minimum hourly rate for a shift finishing after 8.00 pm;
(c) 115% of the minimum hourly rate for a shift commencing at or before 6.30 am.
(d) Overtime rates for shiftwork are paid instead of the shiftwork penalty rates in clause 20.1(a)(ii).
NOTE: these shiftwork penalty rates do not apply to employees engaged as day workers.
21.3 Weekend and public holiday rates—shiftwork
Where the major portion of a rostered shift falls on a Saturday, Sunday or public holiday the following rates apply instead of the rates in clause 21.2:
(a) 150% of the minimum hourly rate for ordinary hours on a Saturday shift;
(b) 200% of the minimum hourly rate for ordinary hours on a Sunday shift; and
(c) 250% of the minimum hourly rate for ordinary hours on a public holiday shift.
21.4 Transfer to or from shiftwork
An employee may be transferred to or from shiftwork on 14 days’ notice provided the employee has at least 10 hours off duty before commencing shiftwork. If 14 days’ notice is not given the employee will be paid overtime rates in accordance with clause 20.1 for all work done outside previous ordinary working hours within 14 days of the time of notification of the change.
Part 6—Leave and Public Holidays
[Varied by PR751114]
22.1 Annual leave is provided for in the NES.
22.2 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week.
22.3 Annual leave loading
(a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in clause 15—Minimum rates in addition to the payment provided by the NES. Annual leave loading is payable on leave accrued.
(b) The loading is as follows:
(i) Day work
Employees who would have worked on day work only had they not been on leave—17.5% or the relevant weekend penalty rates, whichever is the greater but not both.
(ii) Shiftwork
Employees who would have worked on shiftwork had they not been on leave—a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater, but not both.
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).
(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 22.4 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.4 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 22.4, 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.
22.5 Direction to take annual leave during shutdown
[22.5 renamed and substituted by PR751114 ppc 01May23]
(a) Clause 22.5 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.
(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 22.5(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 22.5(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 22.5(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.5(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 22.4.
(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 22.4, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.7 to 22.9 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 22.5.
22.6 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.6.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.6.
(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 22.6 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 22.6 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 22.6 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 22.6.
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 22.6.
NOTE 3: 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.
22.7 Excessive leave accruals: general provision
NOTE: Clauses 22.7 to 22.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2).
(c) Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.8 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 22.7(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 22.8(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 22.7, 22.8 or 22.9 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 22.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.8(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 22.8(d) may result in the direction ceasing to have effect. See clause 22.8(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.
22.9 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(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 22.8(a) that, when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 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 22.7, 22.8 or 22.9 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 22.9(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 22.9(a).
23. Personal/carer’s leave and compassionate leave
23.1 Personal/carer’s leave and compassionate leave are provided for in the NES. Casual employees are not entitled to paid personal/carer’s leave or paid compassionate leave.
23.2 Personal/carer’s leave for casual employees
(a) Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.
(b) A casual employee is entitled to be absent for a maximum of 48 hours. Any leave in excess of the 48 hours is to be by agreement with the employer.
(c) Absence under clause 23.2 is unpaid.
24. Parental leave and related entitlements
[24 varied by PR763325 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[26—Unpaid family and domestic violence leave renamed and substituted by PR750427 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 PR747478]
27.1 Public holidays are provided for in the NES.
27.2 Payment for public holidays—other than veterinary surgeons
[New clause 27.2(b) inserted by PR747478 ppc 14Nov22]
[27.2(b) renumbered as 27.2(c) and varied by PR747478 ppc 14Nov22]
(c) Where both a public holiday and substitute day or part-day are worked, public holiday penalties are payable on one of those days at the election of the employee.
27.3 Payment for public holidays—veterinary surgeons
(a) Public holiday rates
(i) Subject to clause 27.4, the rate for work performed on a public holiday for a full-time or part-time associate is 200% of the minimum hourly rate.
(ii) Where the normal roster of a part-time associate includes a public holiday, the associate is entitled to enjoyment of a public holiday without loss of pay or receive payment at the appropriate rate for working on it.
(iii) Casual associates will be paid at 200% of the minimum hourly rate. This provision does not apply to substitute days.
(b) Christmas day falling on a Saturday or Sunday
Permanent full-time and part-time associates required to work on 25 December will receive the Saturday or Sunday rate (as appropriate) plus a loading of 50% (of the ordinary time rate) and be entitled to the benefit of a substitute day.
27.4 Special provisions for associates who normally work on weekends
(a) Clause 27.4 applies to full-time associates who do not regularly work a 5 day Monday to Friday week, or part-time associates who work an average of 5 days per week and regularly work on Saturday and/or Sunday.
(b) Associates defined in clause 27.4(b) will not be disadvantaged if a prescribed public holiday falls on a day when they would not be working. The appropriate compensation is:
(i) an alternative day off;
(ii) an additional one day of annual leave; or
(iii) an additional day’s wages.
(i) A full-time associate will either:
· have the actual day off without loss of pay, and no additional entitlement to the substitute day;
· if required to work on the actual day, be paid the normal rate of pay and be entitled to the substitute day, or if the substitute day falls on the associate’s normal day off, an alternative day off;
· if required to work on both the actual day and the substitute day, be paid at the normal rate of pay for the actual day and, for the substitute day receive either:
- an alternative day off;
- an additional day’s annual leave; or
- be paid for the substituted day at the public holiday rate.
(ii) A part-time associate will either:
· have the actual day off without loss of pay, and no additional entitlement to the substitute day; or
· if required to work the actual day, be paid at the normal rate of pay and be entitled to take an alternative day off, which may or may not be the prescribed substitute day, as a public holiday; or
· receive payment at ordinary time rates for an additional day of equal length.
(d) For the purpose of clause 27.4, an alternative day off means:
(i) For full-time employees, an addition of one day to annual leave or an additional day’s wages (7.6 hours); or
(ii) For part-time employees, the average number of hours rostered per day by the associate in the 4 week cycle prior to the public holiday.
(e) Full-time associates who do not work a 5 day week should be paid for the hours worked and 7.6 hours where a public holiday falls on a day they do not work.
(f) Part-day public holidays
[27.4(f) inserted by PR747478 ppc 14Nov22]
If a public holiday is a part-day public holiday, then clause 27.4 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
[27.5 deleted by PR747478 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774847 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774847 from 01Jul24]
27A.1 Clause 27A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 27A.
27A.2 In clause 27A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
27A.3 Before exercising entitlements under clause 27A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
27A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 27A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
27A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 27A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 27A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 27A.
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763325, PR777354, PR778102]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763325; deleted by PR778102 from 26Aug24]
[Note inserted by PR778102 from 26Aug24; varied by PR777354 from 27Aug24]
NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: Sections 117 and 123 of the Act set out requirements for notice of termination by an employer under the NES. Clause 31.1 requires an employer to give a greater minimum period of notice than that generally required under the NES.
31.1 Notice of termination or payment instead of notice by the employer
(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) The employer must give an employee notice of termination of employment or payment instead of notice as required under sections 117(1) and 117(2) of the Act, except that the minimum period of notice is:
(i) one month; or
(ii) 5 weeks, if the employee is over 45 years old and has completed more than 5 years of continuous service with the employer at the end of the day the notice is given.
31.2 Notice of termination by an employee
(a) Clause 31.2 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer at least one month’s notice of termination of employment.
(c) If an employee who is at least 18 years old does not give the period of notice required under clause 31.2(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.
(d) If the employer has agreed to a shorter period of notice than that required under clause 31.2(b), then no deduction can be made under clause 31.2(c).
(e) Any deduction made under clause 31.2(c) must not be unreasonable in the circumstances.
(b) The time off under clause 31.3 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
32.1 Transfer to lower paid duties on redundancy
(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 32.1(c).
(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
32.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
32.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).
(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 31.3.
Schedule A—Classification Definitions
Indicative tasks
The indicative tasks are a non-exhaustive list of duties/tasks that may be utilised within the particular level. They are an indicative guide only, however, they may be used as an accompaniment to the classification criteria in this Schedule in order to assist in the classification of employees when difficulties are experienced in assessment against the classification criteria alone. The indicative tasks should not be used in place of the classification criteria when classifying an employee.
Employees at any particular level may be expected to undertake duties/tasks of any level lower than the employee’s own, in addition to the duties/tasks specified at the employee’s level in which they are employed. The employee may perform one such duty/task, or many of them, depending on the particular work allocated and may also be required to work flexibly across different work areas within the employee’s sector where sectors are prescribed, providing the employees have been trained to carry out the tasks required.
A.1 Animal care industry inspectors
A.1.1 Inspector Level 1
This is the commencement level for a new inspector who is authorised under relevant legislation to carry out the duties of animal care inspector however described. The performance of duties is subject to the supervision of an Inspector Level 2.
An inspector at this level can expect to move to an Inspector Level 2 after 6 months from their commencement as an Inspector Level 1.
A.1.2 Inspector Level 2
In addition to the experience and qualifications of an Inspector Level 1, an inspector at this level requires limited supervision in the performance of their duties.
A.1.3 Senior Inspector Level 3
At this level a person is appointed and designated a senior inspector. The Senior Inspector Level 3 conducts professional work involving considerable independence. They are responsible, when tasked, for the supervision of staff. They will be involved in the overall planning of team activities together with the formulation and implementation of policies and protocols.
A.2 Practice managers, Veterinary nurses, Receptionists, Animal attendants and Assistants
A.2.1 Introductory level
An employee who has had no experience in this industry will initially be engaged at the introductory level until the employee has performed satisfactory service for a period not exceeding 3 months. During this period the employer will provide on‑the-job training to assist the employee to gain the appropriate skills. If the employee attains the level of skill required, the employee will progress to Level 1.
Employees at this level will perform routine tasks involving adherence to determined procedures and with only minimal scope for deviation from these procedures.
A.2.2 Level 1
Level of responsibility, skills and knowledge
An employee at this level will:
(a) work under direct supervision with regular close checking of their work;
(b) develop and then apply their knowledge and skills to a limited range of tasks and roles;
(c) work within a specified range of contexts where the choice of action is clear and restricted; and
(d) normally develop and then use their competencies within established routines, where methods and procedures are predictable.
Indicative Tasks
Typical activities at this level may include:
(a) assisting other employees in their duties;
(b) appropriate induction to the industry and the routines of the practice;
(c) basic animal care;
(d) grooming, feeding, cleaning and restraint as instructed; and/or
(e) basic clerical and/or reception duties and telephone skills under veterinary supervision.
A.2.3 Level 2
A Level 2 employee will use limited discretion and initiative. Knowledge relating to the care of animals will be necessary.
Level of responsibility, skills and knowledge
An employee at this level will:
(a) work under direct supervision with routine checking of their work;
(b) develop and then apply their knowledge and skills to a limited range of tasks and roles;
(c) work within a specified range of contexts where the choice of action is clear and restricted;
(d) normally use their competencies within established routines, where methods and procedures are predictable; and
(e) exercise discretion and judgment against established criteria.
Indicative Tasks
In addition to those outlined in Level 1, typical activities at this level may include:
(a) following Work Health and Safety procedures in an animal care environment;
(b) assisting with general animal care; provide food and water for animals;
(c) participating in workplace communications;
(d) carrying out basic clerical and/or reception duties under reduced supervision;
(e) carrying out clinic routines; maintain clinic hygiene, carry out daily treatment of patients; and/or
(f) assisting in stock control and clinic security.
A.2.4 Level 3
A Level 3 employee will possess an AQF Level 3 or other equivalent qualification or possess knowledge and experience to enable them to operate at trade level.
Level of responsibility, skills and knowledge
An employee at this level will:
(a) generally be working with limited supervision;
(b) normally use their competencies within established routines, where methods and procedures are predictable; and
(c) exercise discretion and judgment against established criteria.
Indicative Tasks
In addition to those outline in Level 2, typical activities at this level may include:
(a) assisting with animal care under limited supervision;
(b) limited supervision of employees at introductory level and Level 1;
(c) undertaking daily clinic routines and routine monitoring of patients;
(d) clerical duties including maintaining supplies, processing and preparing correspondence and accounts;
(e) the ability to follow clinic procedures for hazard identification and risk control;
(f) the ability to provide grief support to clients/animal owners; and/or
(g) providing basic first aid for animals.
A.2.5 Level 4
A Level 4 employee will possess competencies of AQF 4 or other equivalent qualifications.
Indicative tasks
In addition to those outlined in Level 3, typical activities at this level may include:
(a) co-ordinating clinic admissions;
(b) providing veterinary nursing care and grief support to clients;
(c) applying radiographic routines and implement procedures;
(d) performing and record pathology procedures, assist with post mortem;
(e) preparing and provide support for surgical procedures;
(f) monitoring patient anaesthesia;
(g) performing post-operative procedures;
(h) nursing hospitalised animals, monitor clinical signs, communicate with owners;
(i) providing animal care in pain situations;
(j) carrying out medical nursing routines;
(k) preparing surgery schedules, implement surgery preparations;
(l) cleaning maintain and store theatre instruments, equipment and supplies; and/or
(m) carrying out post operative theatre routines.
A.2.6 Level 5—Practice manager
A Level 5 employee will have the overall responsibility of managing the day-to-day operations of a veterinary practice. The possession of relevant post secondary qualifications may be appropriate but are not essential.
Employees at this level are subject to broad guidance or direction and are responsible and accountable for their own work.
Level of responsibility, skills and knowledge
An employee at this level will: exercise skills, discretion and responsibilities beyond that required at Level 4.
Indicative Tasks
In addition to those outlined in Level 4, typical activities at this level may include:
(a) overseeing human resources, stock control, clinical administration, bookkeeping and customer management;
(b) being responsible and accountable for their own work and may have delegated responsibility for the work under their control or supervision, including, scheduling workloads, resolving operations problems, monitoring the quality of work produced and counselling staff for performance and work related matters; and/or
(c) reporting to management regarding accounts, staffing, legislative requirements and/or other company activities.
(a) Level 1A is the commencement level for a graduate veterinary surgeon. The performance of normal duties (including those performed on-call) is subject to supervision by a more experienced veterinary surgeon. A Level 1A associate will progress to Level 1B no later than 6 months after commencement.
(b) For the purposes of clause A.3.1, supervision does not require the more experienced veterinary surgeon to be present at all times. It means that the Level 1 associate has access to guidance and assistance on normal tasks. This could be in person, or by telephone, or some other suitable arranged communication (e.g. advice prior to performing task and feedback after the task is completed).
(a) A Level 1B associate still requires some supervision to perform normal duties. A competent Level 1B associate could expect to advance to Level 2 no later than 2 years after commencement.
(b) Advancement to Level 2 could be earlier depending on whether the associate has developed skills quickly enough to perform the required duties attached to Level 2.
(c) For the purposes of clause A.3.2, supervision does not require the more experienced veterinary surgeon to be present at all times. It means that the Level 1 associate has access to guidance and assistance on normal tasks. This could be in person, or by telephone, or some other suitable arranged communication (e.g. advice prior to performing task and feedback after the task is completed).
A.3.3 Level 2
The veterinary surgeon conducts professional work without detailed supervision but with guidance on unusual cases and/or procedures.
A.3.4 Level 3
The experienced veterinary surgeon conducts professional work including more difficult assignments requiring substantial professional experience and initiative.
A.3.5 Level 4
The senior veterinary surgeon conducts professional work involving considerable independence of approach. They are responsible, when tasked, for the supervision of other professional staff and other practice management tasks, such as involvement in the overall planning of the practice, involvement in the formulation and implementation of practice policy and protocols, and/or supervising a practice branch or specific unit or department within the practice.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718936, PR729380, PR740804, PR762227, PR774009]
B.1 Full-time and part-time employees
B.1.1 Animal care industry inspectors—employees other than shiftworkers—ordinary and penalty rates
[B.1.1 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Minimum hourly rate |
Saturday after 1.00 pm |
Sunday |
Public holiday |
|
|
First 3 hours |
After 3 hours |
||||
|
|
% of minimum hourly rate |
||||
|
|
100% |
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Inspector Level 1 |
31.55 |
47.33 |
63.10 |
63.10 |
78.88 |
|
Inspector Level 2 |
33.28 |
49.92 |
66.56 |
66.56 |
83.20 |
|
Senior Inspector Level 3 |
35.96 |
53.94 |
71.92 |
71.92 |
89.90 |
B.1.2 Animal care industry inspectors—shiftworkers—penalty rates
[B.1.2 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Morning shift1 and afternoon shift2 |
Night shift3 |
||||
|
|
% of minimum hourly rate |
||||
|
|
115% |
130% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Inspector Level 1 |
36.28 |
41.02 |
47.33 |
63.10 |
78.88 |
|
Inspector Level 2 |
38.27 |
43.26 |
49.92 |
66.56 |
83.20 |
|
Senior Inspector Level 3 |
41.35 |
46.75 |
53.94 |
71.92 |
89.90 |
1 Morning shift means a shift that commences before 6.30 am.
2 Afternoon shift means a shift that finishes after 8.00 pm.
3 Night shift means a shift where the majority of hours occur between midnight and 8 am.
B.1.3 Animal care industry inspectors—overtime rates
[B.1.3 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Monday to Saturday |
Sunday – all day |
|
|
First 3 hours |
After 3 hours |
||
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
|
|
$ |
$ |
$ |
|
Inspector Level 1 |
47.33 |
63.10 |
63.10 |
|
Inspector Level 2 |
49.92 |
66.56 |
66.56 |
|
Senior Inspector Level 3 |
53.94 |
71.92 |
71.92 |
B.1.4 Practice managers, veterinary nurses, animal attendants and assistants—employees other than shiftworkers—ordinary and penalty rates
[B.1.4 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Minimum hourly rate |
Saturday after 1.00 pm |
Sunday |
Public holiday |
||
|
First 3 hours |
After 3 hours |
|||||
|
|
% of minimum hourly rate |
|||||
|
|
100% |
150% |
200% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
|
Introductory level |
23.46 |
35.19 |
46.92 |
46.92 |
58.65 |
|
|
Level 1 |
24.10 |
36.15 |
48.20 |
48.20 |
60.25 |
|
|
Level 2 |
26.05 |
39.08 |
52.10 |
52.10 |
65.13 |
|
|
Level 3 |
27.17 |
40.76 |
54.34 |
54.34 |
67.93 |
|
|
Level 4 |
29.64 |
44.46 |
59.28 |
59.28 |
74.10 |
|
|
Level 5—Practice manager |
31.14 |
46.71 |
62.28 |
62.28 |
77.85 |
|
B.1.5 Practice managers, veterinary nurses, animal attendants and assistants—shiftworkers—ordinary and penalty rates
[B.1.5 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
||
|
Morning shift1 and afternoon shift2 |
Night shift3 |
|||||
|
|
% of minimum hourly rate |
|||||
|
|
115% |
130% |
150% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
|
Introductory level |
26.98 |
30.50 |
35.19 |
46.92 |
58.65 |
|
|
Level 1 |
27.72 |
31.33 |
36.15 |
48.20 |
60.25 |
|
|
Level 2 |
29.96 |
33.87 |
39.08 |
52.10 |
65.13 |
|
|
Level 3 |
31.25 |
35.32 |
40.76 |
54.34 |
67.93 |
|
|
Level 4 |
34.09 |
38.53 |
44.46 |
59.28 |
74.10 |
|
|
Level 5—Practice manager |
35.81 |
40.48 |
46.71 |
62.28 |
77.85 |
|
1 Morning shift means a shift that commences before 6.30 am.
2 Afternoon shift means a shift that finishes after 8.00 pm.
3 Night shift means a shift where the majority of hours occur between midnight and 8 am.
B.1.6 Practice managers, veterinary nurses, animal attendants and assistants—overtime rates
[B.1.6 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Monday to Saturday |
Sunday – all day |
|
|
First 3 hours |
After 3 hours |
||
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
|
|
$ |
$ |
$ |
|
Introductory level |
35.19 |
46.92 |
46.92 |
|
Level 1 |
36.15 |
48.20 |
48.20 |
|
Level 2 |
39.08 |
52.10 |
52.10 |
|
Level 3 |
40.76 |
54.34 |
54.34 |
|
Level 4 |
44.46 |
59.28 |
59.28 |
|
Level 5—Practice manager |
46.71 |
62.28 |
62.28 |
B.1.7 Veterinary surgeons—ordinary and penalty rates
[B.1.7 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Minimum hourly rate |
Public holiday1 |
|
|
% of minimum hourly rate |
||
|
|
100% |
200% |
|
|
$ |
$ |
|
Level 1A |
31.55 |
63.10 |
|
Level 1B |
33.28 |
66.56 |
|
Level 2 |
35.96 |
71.92 |
|
Level 3 |
39.50 |
79.00 |
|
Level 4 |
44.62 |
89.24 |
1 For full public holiday entitlement see clause 27—Public holidays.
B.2.1 Animal care industry inspectors—employees other than shiftworkers—casual and penalty rates
[B.2.1 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Casual hourly rate |
Saturday after 1.00 pm |
Sunday |
Public holiday |
|
|
First 3 hours |
After 3 hours |
||||
|
|
% of minimum hourly rate |
||||
|
|
125% |
175% |
225% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Inspector Level 1 |
39.44 |
55.21 |
70.99 |
70.99 |
86.76 |
|
Inspector Level 2 |
41.60 |
58.24 |
74.88 |
74.88 |
91.52 |
|
Senior Inspector Level 3 |
44.95 |
62.93 |
80.91 |
80.91 |
98.89 |
B.2.2 Animal care industry inspectors—shiftworkers—casual and penalty rates
[B.2.2 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Morning shift1 and afternoon shift2 |
Night shift3 |
||||
|
|
% of minimum hourly rate |
||||
|
|
140% |
155% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Inspector Level 1 |
44.17 |
48.90 |
55.21 |
70.99 |
86.76 |
|
Inspector Level 2 |
46.59 |
51.58 |
58.24 |
74.88 |
91.52 |
|
Senior Inspector Level 3 |
50.34 |
55.74 |
62.93 |
80.91 |
98.89 |
1 Morning shift means a shift that commences before 6.30 am.
2 Afternoon shift means a shift that finishes after 8.00 pm.
3 Night shift means a shift where the majority of hours occur between midnight and 8 am.
B.2.3 Practice managers, veterinary nurses, animal attendants and assistants—employees other than shiftworkers—casual and penalty rates
[B.2.3 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Casual hourly rate |
Saturday after 1.00 pm |
Sunday |
Public holiday |
|
|
First 3 hours |
After 3 hours |
||||
|
|
% of minimum hourly rate |
||||
|
|
125% |
175% |
225% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Introductory level |
29.33 |
41.06 |
52.79 |
52.79 |
64.52 |
|
Level 1 |
30.13 |
42.18 |
54.23 |
54.23 |
66.28 |
|
Level 2 |
32.56 |
45.59 |
58.61 |
58.61 |
71.64 |
|
Level 3 |
33.96 |
47.55 |
61.13 |
61.13 |
74.72 |
|
Level 4 |
37.05 |
51.87 |
66.69 |
66.69 |
81.51 |
|
Level 5—Practice manager |
38.93 |
54.50 |
70.07 |
70.07 |
85.64 |
B.2.4 Practice managers, veterinary nurses, animal attendants and assistants—shiftworkers—casual and penalty rates
[B.2.4 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Monday to Friday |
Saturday |
Sunday |
Public holiday |
|
|
Morning shift1 and afternoon shift2 |
Night shift3 |
||||
|
|
% of minimum hourly rate |
||||
|
|
140% |
155% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Introductory level |
32.84 |
36.36 |
41.06 |
52.79 |
64.52 |
|
Level 1 |
33.74 |
37.36 |
42.18 |
54.23 |
66.28 |
|
Level 2 |
36.47 |
40.38 |
45.59 |
58.61 |
71.64 |
|
Level 3 |
38.04 |
42.11 |
47.55 |
61.13 |
74.72 |
|
Level 4 |
41.50 |
45.94 |
51.87 |
66.69 |
81.51 |
|
Level 5—Practice manager |
43.60 |
48.27 |
54.50 |
70.07 |
85.64 |
1 Morning shift means a shift that commences before 6.30 am.
2 Afternoon shift means a shift that finishes after 8.00 pm.
3 Night shift means a shift where the majority of hours occur between midnight and 8.00 am.
B.2.5 Veterinary surgeons—casual and penalty rates
[B.2.5 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
|
Classification |
Casual hourly rate |
Public holiday1 |
|
% of minimum hourly rate |
||
|
|
125% |
225% |
|
|
$ |
$ |
|
Level 1A |
39.44 |
70.99 |
|
Level 1B |
41.60 |
74.88 |
|
Level 2 |
44.95 |
80.91 |
|
Level 3 |
49.38 |
88.88 |
|
Level 4 |
55.78 |
100.40 |
1 For full public holiday entitlement see clause 27—Public holidays.
Schedule C—Summary of Monetary Allowances
[Varied by PR718936, PR719088, PR729380, PR729561, PR740804, PR740967, PR750870, PR762227, PR762398, PR774009, PR774177]
See clause 16—Allowances for full details of allowances payable under this award.
[C.1.1 varied by PR718936, PR729380, PR740804, PR762227, PR774009 ppc 01Jul24]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Level 3 in clause 15.2 = $1032.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Other than veterinary surgeons |
|
|
|
|
|
Broken shift allowance |
16.2(a) |
1.6 |
16.52 |
per shift |
|
First aid allowance |
16.2(b) |
1.96 |
20.23 |
per week |
|
On-call allowance—Monday to Friday |
16.2(c)(i) |
2.07 |
21.37 |
per each 24 hour period or part thereof |
|
On-call allowance—Saturday |
16.2(c)(ii) |
3.11 |
32.10 |
per each 24 hour period or part thereof |
|
On-call allowance—Sunday, public holiday or off duty day |
16.2(c)(iii) |
3.62 |
37.37 |
per each 24 hour period or part thereof |
|
Veterinary surgeons |
|
|
|
|
|
On-call duty allowance |
16.3(a) |
5.06 |
52.23 |
per each period of duty |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750870 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2.1 varied by PR719088, PR729561, PR740967, PR762398, PR774177 ppc 01Jul24]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 16.5 and 16.4:
|
Allowance |
Clause |
$ |
Payable |
|
All employees |
|
|
|
|
Clothing and laundry allowance |
16.4(a)(i) |
6.51 |
per week |
|
Vehicle/travel allowance—motor vehicle |
16.4(b)(ii) |
0.98 |
per km |
|
Vehicle/travel allowance—motorcycle |
16.4(b)(ii) |
0.33 |
per km |
|
Other than veterinary surgeons |
|
|
|
|
Meal allowance—overtime for more than one and a half hours without prescribed notice—first meal |
16.5(a)(i) |
14.61 |
per occasion |
|
Meal allowance—overtime for more than one and a half hours without prescribed notice—second and subsequent meal/s |
16.5(a)(i) |
12.55 |
per occasion |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Clothing and laundry allowance |
Clothing and footwear group |
|
Vehicle/travel 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.5.1 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 deleted by PR747478 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
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