MA000121

State Government Agencies Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771397).

Clause(s) affected by the most recent variation(s):

19—Superannuation

 

Table of Contents

[Varied by PR718141, PR728179, PR746868, PR747483, PR750545]

Part 1— Application and Operation of this Award................................................................... 4

1. Title and commencement............................................................................................. 4

2. Definitions..................................................................................................................... 4

3. The National Employment Standards and this award.................................................. 5

4. Coverage....................................................................................................................... 5

5. Individual flexibility arrangements............................................................................... 8

6. Requests for flexible working arrangements................................................................ 9

7. Facilitative provisions................................................................................................. 10

Part 2— Types of Employment and Classifications................................................................. 10

8. Types of employment................................................................................................. 10

9. Full-time employees................................................................................................... 11

10. Part-time employees.................................................................................................. 11

11. Casual employees....................................................................................................... 11

12. Classifications............................................................................................................. 12

Part 3— Hours of Work............................................................................................................ 13

13. Ordinary hours of work and rostering........................................................................ 13

14. Breaks......................................................................................................................... 14

Part 4— Wages and Allowances.............................................................................................. 14

15. Minimum rates........................................................................................................... 14

16. Payment of wages....................................................................................................... 26

17. Annualised salary arrangements................................................................................ 27

18. Allowances.................................................................................................................. 27

19. Superannuation.......................................................................................................... 29

Part 5— Overtime and Penalty Rates...................................................................................... 31

20. Overtime..................................................................................................................... 31

21. Shiftwork rates............................................................................................................ 34

Part 6— Leave and Public Holidays......................................................................................... 35

22. Annual leave............................................................................................................... 35

23. Personal/carer’s leave and compassionate leave....................................................... 39

24. Parental leave............................................................................................................. 39

25. Community service leave............................................................................................ 40

26. Family and domestic violence leave........................................................................... 40

27. Public holidays............................................................................................................ 40

Part 7— Consultation and Dispute Resolution........................................................................ 41

28. Consultation about major workplace change............................................................ 41

29. Consultation about changes to rosters or hours of work........................................... 42

30. Dispute resolution...................................................................................................... 42

Part 8— Termination of Employment and Redundancy......................................................... 44

31. Termination of employment....................................................................................... 44

32. Redundancy................................................................................................................ 45

Schedule A —Position Statements.......................................................................................... 47

Schedule B —Summary of Hourly Rates of Pay...................................................................... 65

Schedule C —Summary of Monetary Allowances................................................................. 108

Schedule D —Supported Wage System................................................................................. 110

Schedule E —Agreement to Take Annual Leave in Advance................................................ 114

Schedule F —Agreement to Cash Out Annual Leave............................................................ 116

Schedule G —Agreement for Time Off Instead of Payment for Overtime........................... 118


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the State Government Agencies 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.

2.                      Definitions

[Varied by PR733968]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

[Definition of casual employee inserted by PR733968 from 27Sep21]

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

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

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

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

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

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

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

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

standard rate means the minimum annual rate for an Administrative Officer Grade 2 work value level A in clause 15.1.

state public service bodies means State Government departments and administrative offices.

3.                      The National Employment Standards and this award

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

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

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

4.                      Coverage

[Varied by PR743468]

4.1                   This award covers State public sector employers that are incorporated bodies established for a public purpose by or under a law of a State, by the Governor of a State or by a Minister of the State or a body corporate in which the State has an equal or controlling interest, and their employees in the classifications listed in clause 15Minimum rates, to the exclusion of any other modern award.

4.2                   This award does not cover State public service bodies.

4.3                   The award does not apply to employers covered by the following awards:

(a)          Aged Care Award 2010;

(b)         Ambulance and Patient Transport Industry Award 2020;

[4.3(c) varied by PR743468 ppc 11Jul22]

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

(d)         Children’s Services Award 2010;

(e)          Coal Export Terminals Award 2020;

[4.3(f) varied by PR743468 ppc 11Jul22]

(f)           Educational Services (Post-Secondary Education) Award 2020;

[4.3(g) varied by PR743468 ppc 11Jul22]

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

[4.3(h) varied by PR743468 ppc 11Jul22]

(h)         Educational Services (Teachers) Award 2020;

(i)            Electrical Power Industry Award 2020;

(j)           Fire Fighting Industry Award 2020;

[4.3(k) varied by PR743468 ppc 11Jul22]

(k)         Fitness Industry Award 2020;

[4.3(l) varied by PR743468 ppc 11Jul22]

(l)            Health Professionals and Support Services Award 2020;

[4.3(m) varied by PR743468 ppc 11Jul22]

(m)       Higher Education Industry—Academic Staff—Award 2020;

[4.3(n) varied by PR743468 ppc 11Jul22]

(n)         Higher Education Industry—General Staff—Award 2020;

[4.3(o) varied by PR743468 ppc 11Jul22]

(o)          Joinery and Building Trades Award 2020;

[4.3(p) varied by PR743468 ppc 11Jul22]

(p)         Labour Market Assistance Industry Award 2020;

[4.3(q) varied by PR743468 ppc 11Jul22]

(q)         Local Government Industry Award 2020;

[4.3(r) varied by PR743468 ppc 11Jul22]

(r)          Manufacturing and Associated Industries and Occupations Award 2020;

[4.3(s) varied by PR743468 ppc 11Jul22]

(s)           Marine Towage Award 2020;

(t)           Medical Practitioners Award 2020;

[4.3(u) varied by PR743468 ppc 11Jul22]

(u)         Nurses Award 2020;

(v)          Port Authorities Award 2020;

[4.3(w) varied by PR743468 ppc 11Jul22]

(w)        Ports, Harbours and Enclosed Water Vessels Award 2020;

[4.3(x) varied by PR743468 ppc 11Jul22]

(x)          Rail Industry Award 2020;

(y)          Social, Community, Home Care and Disability Services Industry Award 2010;

[4.3(z) varied by PR743468 ppc 11Jul22]

(z)          Stevedoring Industry Award 2020;

[4.3(aa) varied by PR743468 ppc 11Jul22]

(aa)      Supported Employment Services Award 2020; and

(bb)     Water Industry Award 2020.

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

4.5                   This award covers employers which provide group training services for trainees to State public sector employers and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6                   This award does not cover:

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

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

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

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

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

5.                      Individual flexibility arrangements

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

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

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

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

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

(a)          give the employee a written proposal; and

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

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

5.6                   An agreement must do all of the following:

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

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

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

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

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

5.7                   An agreement must be:

(a)          in writing; and

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

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

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

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

5.11               An agreement may be terminated:

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

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

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

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

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

6.                      Requests for flexible working arrangements

[6 substituted by PR763328 ppc 01Aug23]

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

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

7.                      Facilitative provisions

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

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

Clause

Provision

Agreement between an employer and:

10.2(a)

Working from home—part-time employee

An individual

11.2(a)

Working from home—casual employee

An individual

20.4

Time off instead of payment for overtime

An individual

22.3

Annual leave in advance

An individual

22.4

Cashing out of annual leave

An individual

   

Part 2—Types of Employment and Classifications

8.                      Types of employment

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

(a)          full-time;

(b)         part-time; or

(c)          casual.

8.2                   Employees may be engaged on a probationary basis.

8.3                   Notice of engagement

At the time of engagement the employer will advise the employee in writing of the conditions of engagement, including:

(a)          the category of employment;

(b)         whether a probationary period applies and, if so, the duration of the probationary period;

(c)          if engaged as a fixed term employee, the specific term of the engagement; and

(d)         the instruments governing the employee’s terms and conditions of employment.

9.                      Full-time employees

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

10.                 Part-time employees

10.1               Provisions relating to salary, leave and all other entitlements contained within this award, will apply to part-time employees on a pro rata basis.

10.2               Minimum engagement

Payment for part-time employment must be for not less than 3 consecutive hours in any day worked except:

(a)          where the employee works from home by agreement with the employer; or

(b)         in exceptional circumstances.

10.3               Part-time employment must be worked only by agreement between the employee and the employer, where that agreement includes:

(a)          an agreed roster specifying the days in each fortnight on which the employee will work, the hours of those days upon which the employee will work, and the number of hours the employee will work on each day worked; and

(b)         agreed processes for the variation of hours of work.

10.4               The agreed rostered hours will be considered the employee’s ordinary hours.

11.                 Casual employees

[Varied by PR733968, PR750545]

[11.1 deleted by PR733968 from 27Sep21]

11.1               Casual loading

[11.2 renumbered as 11.1 by PR733968 from 27Sep21]

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

(a)          the minimum hourly rate; and

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

for the classification in which they are employed.

[Note inserted by PR750545 ppc 15Mar23]

NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

[11.3 renumbered as 11.2 by PR733968; deleted by PR750545 ppc 15Mar23]

11.2               Minimum engagement

[11.4 renumbered as 11.3 by PR733968; 11.3 renumbered as 11.2 by PR750545 ppc 15Mar23]

Payment for work performed by a casual employee will be for not less than 3 consecutive hours in any day worked except:

(a)          where the employee works from home by agreement with the employer; or

(b)         in exceptional circumstances.

[11.5 renumbered as 11.4 by PR733968; 11.4 renumbered as 11.5 by PR750545 ppc 15Mar23]

11.3               Except as expressly provided for, all other provisions of this award apply to casual employees.

11.4               Offers and requests for casual conversion

[11.6 renumbered as 11.5 and renamed and substituted by PR733968; 11.5 renumbered as 11.4 by PR750545 ppc 15Mar23]

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

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 30—Dispute resolution.

12.                 Classifications

12.1               Classifications under this award are:

(a)          Administrative Stream

(b)         Technical Stream

(c)          Professional Stream

(d)         General/Field work stream

12.2               A description of the classifications under this award are set out at Schedule A—Position Statements.

12.3               Notwithstanding the provisions of clause 12, the employer may determine that an employee may commence employment at any level in a grade if suitably qualified and/or experienced.

12.4               Salaries must be paid according to the rates in clause 15Minimum rates or reclassifications of positions will be conducted in accordance with agreed objective criteria as outlined in clause 12.

12.5               Classification method

Classification decisions must be based upon a documented position description and classifications will be determined using whole of job evaluation, i.e. by comparison of the position description for the position in question with the position standards as defined in Schedule A—Position Statements.

12.6               Progression within a classification salary range

An employee may be eligible for progression to a higher salary level within the salary range for their current classification on the following basis:

(a)          progressing from one step to the next within each level is not automatic and is dependent on demonstrated acquisition and utilisation of new and enhanced skills; and

(b)         provided that an employee will be eligible to progress to the next step after 12 months’ satisfactory occupancy of the current step on the basis of acquiring and utilising skills.

12.7               Progression between classification salary ranges

Advancement to a higher classification must be based on promotion and the availability of a suitable vacancy.

12.8               Staff appraisal

Annual assessment of employees must be on the basis of an agreed employee appraisal system.

12.9               Job specification

The employer must provide all employees with a job specification for the position held, which will contain all information relevant to the duties and responsibilities of the position.

Part 3—Hours of Work

13.                 Ordinary hours of work and rostering

13.1               Ordinary hours—employees other than shiftworkers

(a)          The ordinary hours of work, for employees other than shiftworkers, must be 38 hours per week.

(b)         Ordinary hours are to be worked over 5 days, Monday to Friday, between 7.00 am and 6.30 pm.

13.2               Ordinary hours—shiftworkers

The ordinary hours of work for a shiftworker must be an average of 38 hours per week over 4 weeks (a total of 152 hours).

13.3               Actual starting and finishing times are to be arranged by work rules at the workplace.

14.                 Breaks

14.1               A meal period of at least 20 minutes must be taken not more than 5 hours after the start of work.

14.2               Where work on any day continues beyond the period of normal working hours, a second meal break of at least 20 minutes must be taken if work continues for 2 hours or more after the normal finishing time.

14.3               An employer may stagger the time of taking a meal break to meet operational requirements.

Part 4—Wages and Allowances

15.                 Minimum rates

[Varied by PR718939, PR720159, PR723827, PR729384, PR740810, PR762230]

[15.1 varied by PR718939, PR729384, PR740810, PR762230 ppc 01Jul23]

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

Employee classification

Work value level

Minimum annual rate

(full-time employee)

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

 

$

$

$

Administrative Stream

 

 

 

 

Administrative Officer

 

 

 

 

Grade 1

A

46,755

896.06

23.58

Grade 1

B

47,909

918.17

24.16

Grade 1

C

49,064

940.31

24.74

Grade 1

D

50,224

962.54

25.33

Grade 2

A

51,916

994.97

26.18

Grade 2

B

52,908

1013.98

26.68

Grade 2

C

53,888

1032.76

27.18

Grade 2

D

54,891

1051.98

27.68

Grade 3

A

57,086

1094.05

28.79

Grade 3

B

58,152

1114.48

29.33

Grade 3

C

59,219

1134.93

29.87

Grade 3

D

59,876

1147.52

30.20

Grade 4

A

61,928

1186.85

31.23

Grade 4

B

62,998

1207.35

31.77

Grade 4

C

64,042

1227.36

32.30

Grade 5

A

66,488

1274.24

33.53

Grade 5

B

67,407

1291.85

34.00

Grade 5

C

68,483

1312.47

34.54

Grade 6

A

71,242

1365.35

35.93

Grade 6

B

72,596

1391.30

36.61

Grade 6

C

73,965

1417.54

37.30

Grade 7

A

77,349

1482.39

39.01

Grade 7

B

78,686

1508.01

39.68

Grade 7

C

80,041

1533.98

40.37

Grade 8

A

85,705

1642.53

43.22

Grade 8

B

88,061

1687.69

44.41

Grade 8

C

90,415

1732.80

45.60

Technical Stream

 

 

 

 

Technical Assistant (TA)

 

 

 

 

TA 1

A

48,482

929.16

24.45

TA 1

B

49,309

945.00

24.87

TA 1

C

50,110

960.36

25.27

TA 1

D

50,368

965.30

25.40

Technical Officer (TO)

 

 

 

 

TO 1

A

52,601

1008.10

26.53

TO 1

B

53,507

1025.46

26.99

TO 1

C

54,260

1039.89

27.37

TO 1

D

55,342

1060.63

27.91

TO 1

E

55,639

1066.32

28.06

TO 1

F

56,557

1083.91

28.52

TO 1

G

57,513

1102.23

29.01

TO 1

H

58,329

1117.87

29.42

TO 1

I

58,974

1130.23

29.74

TO 2

A

59,398

1138.36

29.96

TO 2

B

60,562

1160.67

30.54

TO 2

C

61,023

1169.50

30.78

TO 3

A

62,087

1189.89

31.31

TO 3

B

62,969

1206.80

31.76

TO 3

C

64,386

1233.95

32.47

TO 4

A

65,485

1255.02

33.03

TO 4

B

66,266

1269.98

33.42

TO 4

C

67,691

1297.30

34.14

TO 5

A

68,864

1319.78

34.73

TO 5

B

70,149

1344.40

35.38

TO 6

A

71,518

1370.64

36.07

TO 6

B

72,881

1396.76

36.76

TO 7

A

74,498

1427.75

37.57

TO 7

B

75,862

1453.89

38.26

Professional Stream

 

 

 

 

Information Technology Officer (ITO)

 

 

 

 

ITO 1

A

55,450

1062.70

27.97

ITO 1

B

56,981

1092.04

28.74

ITO 1

C

58,535

1121.82

29.52

ITO 1

D

59,721

1144.55

30.12

ITO 1

E

60,877

1166.70

30.70

ITO 1

F

62,458

1197.00

31.50

ITO 1

G

64,764

1241.20

32.66

ITO 2

A

66,488

1274.24

33.53

ITO 2

B

68,023

1303.66

34.31

ITO 2

C

69,710

1335.99

35.16

ITO 2

D

71,242

1365.35

35.93

ITO 3

A

74,634

1430.36

37.64

ITO 3

B

76,657

1469.13

38.66

ITO 3

C

78,686

1508.01

39.68

ITO 4

A

83,108

1592.76

41.91

ITO 4

B

85,705

1642.53

43.22

ITO 5

A

90,415

1732.80

45.60

Legal Officer (LO)

 

 

 

 

LO 1

A

56,135

1075.82

28.31

LO 1

B

58,067

1112.85

29.29

LO 1

C

59,694

1144.03

30.11

LO 1

D

61,288

1174.58

30.91

LO 1

E

63,308

1213.30

31.93

LO 1

F

65,321

1251.87

32.94

LO 1

G

67,187

1287.64

33.89

LO 1

H

69,204

1326.29

34.90

LO 1

I

71,064

1361.94

35.84

LO 2

A

74,556

1428.86

37.60

LO 2

B

75,573

1448.35

38.11

LO 2

C

76,596

1467.96

38.63

LO 2

D

77,616

1487.51

39.14

LO 3

A

82,253

1576.38

41.48

LO 3

B

83,440

1599.12

42.08

LO 3

C

84,624

1621.82

42.68

LO 4

A

89,711

1719.31

45.24

LO 4

B

91,645

1756.37

46.22

LO 5

A

95,145

1823.45

47.99

Engineer/Scientist (ES)

 

 

 

 

ES 1

A

52,559

1007.29

26.51

ES 1

B

53,332

1022.11

26.90

ES 1

C

55,337

1060.53

27.91

ES 1

D

56,693

1086.52

28.59

ES 1

E

58,932

1129.43

29.72

ES 1

F

61,221

1173.30

30.88

ES 1

G

62,591

1199.55

31.57

ES 2

A

64,685

1239.69

32.62

ES 2

B

66,187

1268.47

33.38

ES 2

C

67,407

1291.85

34.00

ES 2

D

68,630

1315.29

34.61

ES 3

A

70,849

1357.82

35.73

ES 3

B

72,596

1391.30

36.61

ES 3

C

73,788

1414.14

37.21

ES 3

D

76,097

1458.40

38.38

ES 4

A

78,690

1508.09

39.69

ES 4

B

80,041

1533.98

40.37

ES 4

C

82,253

1576.38

41.48

ES 5

A

86,200

1652.02

43.47

ES 5

B

88,385

1693.89

44.58

ES 5

C

90,563

1735.64

45.67

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               General/Field work stream

[15.2 varied by PR718939, PR729384, PR740810, PR762230 ppc 01Jul23]

Minimum rates of pay for the General stream are as follows:

Name

Work value level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

Minimum casual hourly rate

 

 

$

$

$

FW 1

1

947.80

24.94

31.18

FW 2

2

966.80

25.44

31.80

FW 3

3

995.00

26.18

32.73

15.3               Higher duties

(a)          Where an employee is required to perform all or part of the duties of a position for which a higher rate of a salary is fixed by the award, for at least 5 consecutive working days, the employee must be paid an allowance from the date of assignment calculated in the following manner:

(i)            where the employee performs the full duties of the higher position the employee must be paid the minimum rate applicable to that higher position for the period they are so employed; or

(ii)          where the employee performs a portion of the duties of the higher position the employee must be paid an allowance, if required, that will increase the rate of pay of the employee to the maximum salary rate applicable to their classification plus an allowance calculated in accordance with the following table:

Proportion of duties performed in higher office or position

Rate of allowance

At least 25% but less than 50%

25% of the difference between the maximum salary rate applicable to the assignee’s classification and the rate of total wage payable had the assignee been promoted to the higher office or position

At least 50% but less than 75%

50% of such difference

At least 75% but less than 100%

75% of such difference

(b)         If an employee is promoted whilst performing higher duties, the date from which increments within the next position will apply will be the date the employee started the period of higher duties, whether or not the promotion is to the position in which higher duties were being performed or a position at an equivalent classification to the higher position.

(c)          When the number of consecutive working days in terms of clause 15.3(a), is 5 or more, any public holiday(s) or authorised absence within the period or immediately following the period of higher duties will be included for payment when calculating the allowance to be paid.

(d)         Where an employee, whilst working in a higher position for which they are entitled to an allowance under clause 15.3, takes annual leave, the higher duties allowance must be paid for the period of leave as follows:

(i) the employee has, prior to proceeding on such leave, performed in that higher position for 5–19 consecutive working days and on return from leave, the employee will not be continuing to perform in the higher position—the allowance will be paid for up to 5 days’ leave;

(ii) the employee has, prior to proceeding on such leave, performed in that higher position for 5–19 consecutive working days and on return from leave, continues to perform in the higher position—the allowance will be paid for all leave; or

(ii) the employee has, prior to proceeding on such leave, performed in that higher position for 20 or more consecutive days—the allowance will be paid for all leave.

(e)          A higher duties allowance will not be paid to:

(i)            employees on long service leave, unless the assignment has continued for a period exceeding 12 months;

(ii)          employees on parental leave; or

(iii)        employees who proceed on full-time study leave immediately following a higher duties assignment.

(f)           For the purposes of clause 15.3, the duties of a position means the duties which would usually be performed in the position during the period applicable. The proportion of duties must be detailed by the employer, having due regard to the duty statement of the higher position.

15.4               Supported wage system

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

15.5               National training wage

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

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

[15.5(b) varied by PR720159 ppc 18Jun20, PR723827, PR729384, PR740810, PR762230 ppc 01Jul23]]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the State Government Agencies Award 2020 and not the Miscellaneous Award 2020.

[15.5(c) inserted by PR718939; deleted by PR723827 ppc 01Nov20]

16.                 Payment of wages

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

16.1               All salaries must be paid fortnightly and must be paid by direct credit to a bank account, credit union or building society.

16.2               For the purpose of calculating the amount payable fortnightly, the amount will be calculated as follows:

Annual salary

x

14

365.25

1

16.3               In the case of part-time employees, the amount will be calculated as follows:

Fixed hours of duty

x

Annual salary

x

14

Ordinary hours of duty

365.25

1

16.4               Payment on termination of employment

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

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

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

(b)         The requirement to pay wages and other amounts under clause 16.4(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 16.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.4. 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.

17.                 Annualised salary arrangements

Where an annual salary is paid the employer must advise the employee in writing of the annual salary that is payable and which of the provisions of this award will be satisfied by payment of the annual salary.

18.                 Allowances

[Varied by PR718939, PR719091, PR729384, PR729564, PR740810, PR740970, PR762230, PR762401]

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

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

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

18.2               Wage-related allowances

(a)          First aid allowance

(i)            The employer may nominate an employee as a first aid officer for a given workplace.

[18.2(a)(ii) varied by PR718939, PR729384, PR740810, PR762230 ppc 01Jul23]

(ii)          An allowance of $732.02 per annum must be paid by the employer to a nominated employee who holds a first aid certificate issued by the St John Ambulance Association or equivalent.

18.3               Expense-related allowances

(a)          Equipment allowance

(i)            An employee who is required to provide necessary instruments, equipment, tools, stationery and furniture for carrying out their work must be reimbursed by the employer for any expenses incurred.

(ii)          Clause 18.3(a) does not apply if the employer provides such instruments, equipment, tools, stationery and furniture.

(b)         Overtime meal allowance

[18.3(b)(i) varied by PR719091, PR729564, PR740970, PR762401 ppc 01Jul23]

(i)            An employee will be eligible to receive a meal allowance of $20.74 if required to work a period of overtime which:

·  immediately follows or immediately precedes a scheduled period of ordinary duty and is not less than 2 hours; or

·  does not immediately follow or immediately precede a scheduled period of ordinary duty; and

·  either:

§  includes a meal break of not less than 20 minutes taken prior to the completion and not less than 4 hours after the commencement of the overtime; or

§  where the taking of a meal break is precluded by reason of safety requirements, is not less than 4 hours.

(ii)          An employee eligible for a meal allowance provided for under clause 18.3(b) who purchases a meal of 2 or more courses at a canteen, cafeteria, mess room or dining room conducted by the employer which is less than the allowance, must be reimbursed the actual cost of such a meal instead of the allowance.

(c)          Use of private motor vehicle

[18.3(c)(i) varied by PR719091, PR740970, PR762401 ppc 01Jul23]

(i)            An allowance of $0.96 cents per kilometre must be paid to an employee who, by agreement with the employer, uses their own private motor vehicle in the course of their duties.

(ii)          An allowance will not be payable in respect of travelling in excess of 16,000 km in any financial year unless the prior approval of the employer has been obtained for the travelling.

(d)         Travel, accommodation and other incidental expenses

(i)            An employee required in the course of their duties to be absent overnight or for part of the day must be reimbursed by the employer for reasonable travelling, accommodation and other incidental expenses.

(ii)          This provision does not apply if the expenses are paid for by the employer.

(e)          Excess travelling time

(i)            An employee who is directed to work temporarily at a location other than their normal place of employment may, subject to the following provisions, be granted time off during normal hours of duty in respect of any period of excess travelling time so incurred, or must be reimbursed at the ordinary rate of pay (calculated to the nearest quarter hour) for time reasonably spent in travelling to and from the place of residence and the designated place of work outside normal working hours (in excess of the time normally spent in travelling from the place of residence to the usual place of work and return).

(ii)          Provided that a journey involving excess travelling time of less than 30 minutes daily must not be taken into account and it will be granted only to employees whose salary does not exceed that prescribed for the highest subdivision of Administrative Officer Grade 6—Level C.

19.                 Superannuation

[Varied by PR771397]

19.1               Superannuation legislation

[19.1 substituted by PR771397 ppc 09Apr24]

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

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

NOTE: Under superannuation legislation:

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

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

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

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

19.2               Employer contributions

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

19.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

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

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

19.4               Superannuation fund

[19.4 varied by PR771397 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)          First State Super;

(b)         Sunsuper;

(c)          VicSuper;

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

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

Part 5—Overtime and Penalty Rates

20.                 Overtime

[Varied by PR763328]

20.1               An employee required to work outside the ordinary hours of work will be entitled to receive an overtime rate or shiftwork rate (or time off) as prescribed.

20.2               An employee in receipt of a salary in excess of that prescribed for an Administrative Officer Grade 6—Level C will not be eligible to receive payment for overtime worked.

20.3               The hourly rate for overtime must not exceed that calculated on an annual salary appropriate to the salary prescribed for an Administrative Officer Grade 4—Level C.

20.4               Time off instead of payment for overtime

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

(b)         Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.4.

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

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

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

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

(iv)        that any payment mentioned in clause 20.4(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 20.4 is set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.4 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 20.4 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e)          Time off must be taken:

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

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

(f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.4 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 20.4(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 20.4 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 20.4 will apply, including the requirement for separate written agreements under clause 20.4(b) for overtime that has been worked.

[Note varied by PR763328 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 20.4 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 20.4.

20.5               Shift and overtime rates not cumulative

The shift and overtime rates within clauses 20 and 0—   

Shiftwork rates are not cumulative. If an employee is entitled to more than one overtime or shift rate, they will be paid the highest single rate applicable to the period of time worked.

20.6               Payment for overtime—employees other than shiftworkers

An employee other than a shiftworker will be paid the following overtime rates for overtime worked during the following periods:

For overtime worked

Overtime rate
% of minimum hourly rate

Monday to Saturday outside ordinary hours—first 3 hours

150

Monday to Saturday outside ordinary hours—after 3 hours

200

Sunday

200

Gazetted public holiday—during ordinary hours

150

Gazetted public holiday—in excess of ordinary hours

250

20.7               Payment for overtime—shiftworkers

A shiftworker will be paid the following overtime rates for overtime worked during the following periods:

For overtime worked on

Overtime rate
% of minimum hourly rate

Other than Sunday and public holiday—first 3 hours

150

Other than Sunday and public holiday—after 3 hours

200

Sunday

200

Public holiday

250

   

21.                 Shiftwork rates

21.1               Definitions

(a)          Afternoon shift, an unbroken period of work finishing after 6.30 pm and at or before midnight

(b)         Night shift, an unbroken period of work finishing after midnight and at or before 8.00 am

21.2               Payment for shiftwork, Saturdays, Sundays and public holidays

A shiftworker will be paid the following shift rates for all ordinary hours worked by the employee during the following periods:

Shift

Penalty rate
% of minimum hourly rate

Afternoon or rotating night

115

Non-rotating night

130

Saturday (except public holiday)

150

Sunday (except public holiday)

200

Gazetted public holiday

250

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

   

Part 6—Leave and Public Holidays

22.                 Annual leave

22.1               Annual leave is provided for in the NES.

22.2               Payment for annual leave

(a)          In addition to ordinary rates as prescribed in clause 15Minimum rates, a loading of 17.5% of the ordinary rate (excluding overtime and allowances) must be paid for the period of annual leave.

(b)         The maximum loading payable must not exceed an amount calculated in respect of an Administrative Officer Grade 7—Level B, at the first day of January of the year in which annual leave is taken.

22.3               Annual leave in advance

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

(b)         An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 22.3 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 22.3 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.3, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.4               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.4.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.4.

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

(d)         An agreement under clause 22.4 must state:

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

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

(e)          An agreement under clause 22.4 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i)            The employer must keep a copy of any agreement under clause 22.4 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.4.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.4.

NOTE 3: An example of the type of agreement required by clause 22.4 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.

22.5               Excessive leave accruals: general provision

NOTE: Clauses 22.5 to 22.7 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.

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

(c)          Clause 22.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 22.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 22.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 22.6(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account; and

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

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

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

(c)          The employee must take paid annual leave in accordance with a direction under clause 22.6(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 22.6(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 22.6(d) may result in the direction ceasing to have effect. See clause 22.6(b)(i).

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

22.7               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 22.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 22.7(a) if:

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

(ii)          the employee has not been given a direction under clause 22.6(a) that, when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 22.7(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account; or

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

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

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

(d)         An employee is not entitled to request by a notice under clause 22.7(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 22.7(a).

23.                 Personal/carer’s leave and compassionate leave

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

24.                 Parental leave

[Varied by PR763328]

24.1               Parental leave is provided for in the NES.

[Note inserted by PR763328 ppc 01Aug23]

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.

24.2               The NES is supplemented by maintaining an entitlement to payment, in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award of employees who were entitled to payment for maternity leave, paternity leave or adoption leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a)          that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and

(b)         that would have entitled the employee to paid maternity leave, paternity leave or adoption leave.

25.                 Community service leave

Community service leave is provided for in the NES.

26.                 Family and domestic violence leave

[26—Unpaid family and domestic violence leave renamed and substituted by PR750545 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

27.                 Public holidays

[Varied by PR747483]

[27.1 renumbered as paragraph by PR747483 ppc 14Nov22]

Public holiday entitlements are provided for in the NES.

[27.2 deleted by PR747483 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

28.                 Consultation about major workplace change

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

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

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

(i)            the introduction of the changes; and

(ii)          their likely effect on employees; and

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

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

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

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

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

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

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

(a)          termination of employment; or

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

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

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

(e)          alteration of hours of work; or

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

(g)          job restructuring.

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

29.                 Consultation about changes to rosters or hours of work

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

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

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

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

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

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

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

30.                 Dispute resolution

[Varied by PR763328]

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

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

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

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

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

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

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

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

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

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

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

30.10           Dispute resolution training leave

(a)          To assist in the resolution of disputes at a workplace, an employee appointed to represent the employees will be granted leave to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution.

(b)         The grant of leave will be subject to the operating requirements of the agency.

(c)          The specific training course will be agreed between the employer and the individual employee.

(d)         An employee granted leave of absence under clause 30.10 will not suffer any loss of pay.

[Note 1 inserted by PR763328 ppc 01Aug23]

NOTE 1: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763328 ppc 01Aug23]

NOTE 2: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and Redundancy

31.                 Termination of employment

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

31.1               Notice of termination by an employee

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

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

Table 1—Period of notice

Column 1

Employee’s period of continuous service with the employer at the end of the day the notice is given

Column 2

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

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

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

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

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

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

31.2               Job search entitlement

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

(b)         The time off under clause 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.

32.                 Redundancy

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

32.1               Transfer to lower paid duties on redundancy

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

(b)         The employer may:

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

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

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

32.2               Employee leaving during redundancy notice period

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

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

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

32.3               Job search entitlement

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

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

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

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

(e)          This entitlement applies instead of clause 31.2.


 

Schedule APosition Statements

A.1                Administrative Officer

A.1.1            Administrative Officer Grade 1

·  Positions at this level work under routine direction and undertake a combination of keyboard, clerical and other duties. The work initially requires the application of basic administrative procedures, office skills and routines such as receiving and dealing initially with clients and members of the public; the straight forward operation of keyboard equipment; filing; photocopying; collating; collecting and distributing; carrying out routine checks by simple comparisons; simple coding; maintaining basic records; mail procedures; obtaining or providing information about straightforward matters and; routine user maintenance of office equipment.

·  Keyboard tasks may include the keying of data containing unusual technical terms and/or non-standard complicated tables or diagrams which demand considerable judgment about layout, and the manipulation and interpretation of data before and during entry.

·  Initially the work is performed under close direction using established routines, methods and procedures and there is little scope for deviating from these. Tasks are mixed to provide a variety of work experience; some may be of a routine operational nature.

·  Problems can usually be solved by reference to procedures, well documented methods and instructions. Assistance is available if required when problems arise.

·  The work may involve giving technical and procedural advice to other staff (for example relating to the operation of office equipment used in the work area). It may require some knowledge and application of specific procedures, instruction, regulations or other requirements relating to general administration (e.g. personnel or finance operations) and/or specific departmental programs or activities.

·  Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience.

·  Staff at this level may assist more senior officers in the tasks being undertaken by them. Work may include drafting basic material for inclusion in reports and submissions, issuing form or routine letters and checking applications for benefits or grants.

·  Positions at this level have no supervisory responsibilities although more experienced staff may assist new staff by providing guidance and advice.

A.1.2            Administrative Officer Grade 2

·  Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not always necessary and there is scope for staff to exercise initiative in applying established work practices and procedures.

·  This level encompasses a range or combination of operational, supervisory and administrative activities which require the application of skills and experience in office work and a general knowledge of the work to be performed.

·  This is the first level which may include positions with a supervisory role. Supervisory positions involve the exercise of basic skills in personnel management and interpersonal communication.

·  Work is usually performed under general direction and may require the interpretation of rules, regulations, guidelines, instructions and procedures and the ability to undertake a range of duties requiring judgment, liaison and communication within an agency and with other interested parties. Tasks may include the preparation of straightforward reports and the provision of data for casework decision.

·  The solution of problems may require the exercising of limited judgment, though guidance would be available in precedents, guidelines, procedures, regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the agencies or with other interested parties may be necessary.

·  Work at this level may involve the supervision of lower level positions. Occupants of positions at this level may be expected to resolve problems by minor modification to operational systems or by reference to procedures. Staff at this level may have input into, or undertake tasks associated with, improvements to office systems or operations.

A.1.3            Administrative Officer Grade 3

·  Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the agency’s functions and activities and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operational work and may assist with, or review, the work undertaken by subordinates or team members.

·  Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions, though these may require some interpretation and application of judgment. There is scope for exercising initiative in the application of established work practices and procedures.

·  Work is usually performed under general direction and may involve preparing papers, briefing notes, correspondence or other written material and general administrative support to senior officers.

·  Decisions made or delegations exercised at this level may have an impact on the relevant agency’s operations (e.g. on financial resources), but are normally of limited procedural or administrative importance.

·  Positions at this level may have responsibilities for training operational and administrative staff. Functions may include organising training courses, assisting in the preparation of training material and, where courses are short and involve procedural or administrative subject matter, presenting those courses.

·  Positions with supervisory responsibilities may be involved in working with staff to develop work performance; planning and coordinating tasks and work flow perhaps across a number of areas or activities and may involve the use of keyboard skills to perform supervisory, clerical or other operational duties.

·  Positions requiring the use of keyboard skills may be included in this level only if the supervisory and/or other duties performed are consistent with the standard for this level.

A.1.4            Administrative Officer Grade 4

·  Positions at this level usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area.

·  Work at this level requires a sound knowledge of program, activity policy or service aspects of work performed within a functional element or a number of work areas. The work may cover a range of tasks associated with program, activity or service delivery to clients or other interested parties or administrative support to senior officers.

·  Positions at this level are found in a wide variety of operating environments. With the exception of some specialist groups, this is the first level where tertiary qualifications may be required or desirable.

·  The work is usually performed under general direction. Tasks may include providing administrative support to staff within technical or professional structures. This may include collecting and analysing data and information and preparing reports, publications, papers and submissions including findings and recommendations.

·  Decisions taken or delegations exercised at this level may have an impact on agency operations, but they are of limited management significance.

·  Positions at this level may have supervisory responsibilities over staff operating a wide range of office equipment or undertaking a variety of tasks in the area of responsibility which may include planning and coordinating work across a number of work areas or activities. Staff in supervisory position would be expected to facilitate a participative decision making process and participate in decision making on issues relating to their work area.

·  In some cases the difficult aspects of the work in an area will be undertaken by a position at this level with responsibility for supervising staff at lower levels doing work of a similar but less difficult nature. The extent to which staff with supervisory duties become involved in the operational work of an area will depend on such factors as priorities, the complexity of the work and the number of staff supervised.

·  Position providing administrative support to senior officers may be classified in this level provided the complexity of the operational or administrative tasks performed is comparable to tasks typical of this level.

A.1.5            Administrative Officer Grade 5

·  Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of the agency.

·  The work may include preparing preliminary papers, drafting complex correspondence for senior officers, undertaking tasks of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing or interpreting information for clients or other interested parties; exercising specific process responsibilities, and overseeing and coordinating the work of subordinate staff.

·  Positions at this level are found in a variety of environments and may undertake the management function of a small local office within a regional office structure.

·  Work is performed under general direction as to work priorities and may be of a professional, project, procedural or processing nature or a combination of these.

·  Direction exercised over positions at this level may be less direct than at lower levels and is usually related to tasks methodologies and work practices. Staff would be expected to set priorities and to monitor work flow in the area of responsibility.

·  Independent action may be exercised at this level, for example, developing local procedures, management strategies and guidelines. Operating guidelines, procedures or resource allocation will usually be determined by senior management.

·  Any decisions taken or delegations exercised would be limited by the application of rules, regulations, guidelines or procedures. While the decisions may have a minor impact on agency resources, they are of limited management significance.

·  The extent of supervisory responsibility would depend on the operational work of the area and factors such as work priorities, complexity of the work and the number of subordinate staff.

A.1.6            Administrative Officer Grade 6

·  Positions at this level undertake various functions, under a wide range of conditions, to achieve a result in line with the corporate goals of the agency. Management of a program or activity in a central or regional office may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical or professional structures, in which case supervision relates to administrative purposes only.

·  Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be:

·  managing the operations of a discrete organisational element, program or activity;

·  supervising the operations of an organisational element which is a part of a large office within a central or regional office environment;

·  under limited direction in relation to priorities and work practices, providing administrative support to a particular program, activity or administrative function; or

·  providing subject matter expertise or policy advice, including professional advice, across a range of programs or activities undertaken by the agency.

·  Positions at this level may undertake the preparation of papers; investigate and present information with recommendations for decision by senior officers; draft responses to complex correspondence; undertake task of technical nature; undertake liaison and coordination within across functions including representing the agency at meetings, conferences and seminars; oversee and co-ordinate the work of other staff assisting with these tasks.

·  Work is usually performed under limited direction as to work priorities and the detailed conduct of the task. Tasks may require professional knowledge, and may involve some coordination within or across agency functions.

·  Direction exercised over positions at this level includes, depending on the functional role of the position, the provision of advice, guidance and/or direction in relation to a project, detailed processing, or other work practices.

·  Independent action may be exercised within constraints set by senior management. The operating guidelines, procedures or resource allocation may be determined by senior management.

·  Any decision taken or delegation exercised tends to be governed by the application of rules, regulations or agency operating instructions or procedures. While such decisions may impact on agency operations and resources, they are usually limited to the specific work area involved.

·  Supervisory responsibilities would usually depend on the role of the position in the organisation. Staff at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.

A.1.7            Administrative Officer Grade 7

·  Positions at this level work under limited direction, usually manage the operations of an organisation element, undertake a management function or provide administrative or professional support to a particular program, activity or service to achieve a result in line with the corporate goals of the agency. In some circumstances the supervisor or subordinates may be, or include, staff in technical or professional structures, in which case supervision is generally for administrative purpose only.

·  The work includes providing advice including policy, administrative or professional advice; undertaking tasks related to the management or administration of a program or activity; service delivery or corporate support functions, including project work, policy development; preparation or coordination of research papers, submission on policy professional or program issues, or administrative matters. Liaison with other elements of the organisation, other government agencies, State and local authorities or community organisations is usually a feature. It also includes the preparation, or overseeing the preparation of, correspondence and replies to parliamentary questions, ministerial representations and other briefing material; and representing the agency at meetings, conferences or seminars.

·  Work is undertaken at this level with limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be of a complex or specific nature encompassing a major area of agency operations.

·  Direction exercises over positions at this level may, depending on the functional role of the position within the organisation, be by way of providing general guidance and advice.

·  Positions at this level may have independence of action including the use and allocation of resources within the constraints laid down by senior management.

·  Decisions taken or delegations exercised at this level may have major impact on the day to day operations of the work area. The impact of such decision to agency operations is likely to be limited to the work area or function in which the position is located. Delegations exercised may, depending on the role and function of the position, involve making determinations, instigating another course of action, or reviewing previous decision.

·  Supervisory responsibilities may be an important function of a position at this level, but this can vary widely depending on factors such as work area, location, priorities, work load, operational deadlines and the availability of staff resources to assist.

·  Guidelines, rules, instructions or procedures for use by other staff and interested parties may be developed at this level.

A.1.8            Administrative Office Grade 8

·  Positions at this level, usually under the broad direction of a senior executive or comparable officer, control an organisational element involved in the administration or coordination of a specific program, activity or corporate support function at either the section or branch head level, to achieve a result in line with the corporate goal of the agency. Immediate subordinate positions may include staff in technical or professional structure, in which case supervision is generally related to administrative purposes only.

·  The work may include developing policy and/or providing policy, financial, specific subject matter or administrative advice, including professional advice or undertaking high level project work; developing, implementing and reviewing policy instructions and administrative or professional procedures for the guidance of functional elements of the agency; processing representations to the minister, overseeing preparation of replies to parliamentary questions, preparing executive briefing notices, drafting submissions and correspondence; liaising with other government bodies and community organisations including the provision of public information on programs, activities or services; and representing the agency at meetings, conferences or seminars.

·  Work is undertaken at this level with broad direction in relation to priorities and the detailed conduct of the task. The tasks undertaken would be of a complex or specific nature encompassing a significant element of total agency operations.

·  Positions at this level may have, depending on the role and function, significant independence of action including the use or allocation of resources within the constraints or guidelines laid down by senior management.

·  Decisions taken at this level may, depending on the degree of autonomy of function, have significant impact on the day-to-day operations of the work area in which the position is located and may also have significant effects elsewhere within the agency. Delegations exercised at this level may, depending on the role and function of the position, involve being the final authority in the process of approving the expenditure of funds, undertaking specification in line with the policy of the agency, or reviewing any previous action or decisions in the work area.

·  Management responsibilities are usually a significant function of position at this level. The percentage of the total work taken up in management functions and the character of the direction given to subordinates would depend on the nature of the work area, location, workload factors, priorities and staff resources allocated.

·  The development of guidelines, rules, regulations, procedures or instruction is for either staff or other interested parties may be co-ordinated at this level.

A.2                Technical Stream

A.2.1            Technical Assistants

At this level the position is essentially that of a technical officer-in-training. Under technical supervision performs straightforward tasks of a technical nature using well established techniques and practices, the work performed is closely supervised and direction is regular. Subject to the acquisition of skills and knowledge the incumbent will progress to Technical Officer Grade 1 after 12 months on the top of the Technical Assistant salary range.

A.2.2            Technical Officer Grade 1

·  The technical officer at this level has a combination of simple and basic tasks associated with the area of work. Routine manual or intellectual procedures or tasks will be the main feature of positions at this classification.

·  The technical officer provides assistance to senior technical staff and undertakes duties in accordance with standard procedures but under close supervision and direction.

·  At this level there will be no supervisory responsibilities and no formal qualifications or experience is necessary.

A.2.3            Technical Officer Grade 2

·  At this level the technical officer applies standardised practices and procedures in the conduct of a range of interrelated technical activities.

·  The technical officer uses expertise, experience and technical skills as a broadly based technical practitioner within a single discipline and the work will be subject to routine direction from senior technical staff.

·  Work at this level would require 12 months relevant experience or successful completion of Year 12 secondary school level studies or equivalent.

A.2.4            Technical Officer Grade 3

·  At this level the technical officer carries out a range of clearly defined duties requiring interpretation, judgment, liaison and communication. It would be expected that they would use knowledge in a discrete technical discipline to determine which standard practices and procedures should be used and applied in the conduct of technical operations.

·  In some cases the technical officer may provide reports and recommendations to management on technical suitability of equipment, procedures, processes and results and/or they may have supervisory responsibility for lower level staff including training in the procedures, techniques and accounting for their work.

·  At this level, the technical officer may specialise in a single discipline and work subject to general direction on objectives and responsibilities.

·  The technical officer at this level may perform work which spans more than one discipline, either as an individual operator or within a team, or may lead project teams on small technical projects.

·  Work at this level will require relevant experience which would provide a working knowledge of the employee’s functions and provide a sound knowledge of the major activities performed in the work area. At this level an advanced technical certificate (or an equivalent qualification) may be necessary.

A.2.5            Technical Officer Grade 4

·  At this level, the technical officer is able to modify and adapt established principles/procedures. There may be a supervisory responsibility of an activity/work unit/program. In some cases the employee may occupy a supervisory or specialist position and control of work flow. Some budget administration and forward planning may also be present.

·  The technical officer may provide policy advice to senior staff and may operate in more than one field or discipline.

·  The incumbent will receive general direction in terms of objectives, will review implementation by subordinate staff of priorities and instructions and liaise with other work units.

·  Prepare and develop training needs and programs for subordinate staff.

·  At this level the possession of an associateship diploma or equivalent qualification may be required. However relevant experience providing a sound knowledge of a wide variety of aspects of the work area and other associated areas may be preferred.

A.2.6            Technical Officer Grade 5

·  The technical officer at this level may be managerial, a specialist or a combination of both. The incumbent will provide specialist advice and liaison with other units, establish procedures, operating principles or technical standards and can operate in more than one field or discipline.

·  The technical officer manager may be required to prepare unit/program budgets, develop mechanisms for training programs, administration of a budget and forward planning.

·  At this level the technical officer’s decisions are not subject to regular review but may be reviewed for policy and economic effectiveness and there is a high-level of independent decision-making.

·  The incumbent will be responsible to a manager but has some independence of action within guidelines.

·  The technical officer at this level will be required to possess a tertiary level education at diploma level (or equivalent) and possess relevant experience.

A.2.7            Technical Officer Grade 6

At this level, the technical officer may be a manager or a specialist or a combination of both.

·  The incumbent may be a manager of a major work unit engaged in complex activities/programs which may involve significant policy issues, or be responsible for a highly complex, novel or critical activity in an aspect of technical work where it is necessary to select/modify established principles, technologies, procedures and methods.

·  The technical officer at this level will provide authoritative technical guidance to others and make decisions concerning technical work not usually subject to review, provide a significant input into the policy formulation and execution of programs which may be associated with one or more work areas.

·  Direction will only be given in terms of broad objectives including critical areas which may impinge on the work of other units.

·  At this level the technical officer will have gained a sound theoretical knowledge, through satisfactory completion of an appropriate course of study and/or gained wide experience in relevant technical activities.

·  In addition, the incumbent would be expected to have the capacity to manage human and material resources.

A.2.8            Technical Officer Grade 7

At this level the technical officer may be a manager, a specialist or a combination of both.

·  The incumbent in a manager’s role will have greater resources to control, (as compensated with the grade 6 position) and will have a greater range of functions requiring being controlled.

·  Positions at this level are responsible for ensuring the effectiveness and efficiency of major technical programs. This involves the management of these programs, the initiation of new programs in collaboration with others, the supervision and training of staff, the overseeing of the more complex aspects of the work to ensure work quality and satisfactory output against program performance indicators.

·  Guidance will be very limited and is received only in relation to policy and budget inputs.

·  Work at this level embraces the need for the modification or adaptation of existing guidelines, practices and techniques, sometimes entailing significant intellectual challenge.

A.3                Professional Officers

A.3.1            Professional Officer Grade 1

·  The professional officer at this level has a combination of simple and basic tasks associated with the professional discipline, involving the provision of a service or information to support the work of others.

·  The professional officer at this level undertakes duties in accordance with standard procedure and is under close supervision and direction. The incumbent has no supervisory responsibilities and is expected to resolve minor problems.

·  At this level no formal qualifications or experience is required.

A.3.2            Professional Officer Grade 2

·  The professional officer at this level may be allocated assignments of a limited scope and complexity and may comprise a minor phase of a broader or complex assignment.

·  The incumbent may be required to assist senior staff in carrying out complex tasks or procedures, select and apply established principles, procedures and methods and exercise judgment and initiative in recognising the significance of deviations from the norm where standard approaches are used.

·  The incumbent may be required to design, co-ordinate and check work of sub-professional staff required to work on a common project.

·  The work may be specifically directed and closely supervised by higher level professional staff and may be assigned by oral or written instruction which may include details of methods and procedures to be followed.

·  The incumbent will possess sound theoretical knowledge gained by satisfactory completion of an appropriate course of study at a recognised tertiary institution or through experience which is appropriate for the efficient discharge of the duties of the position at this level.

A.3.3            Professional Officer Grade 3

·  At this level, the professional officer performs normal professional work where assignments may be broad in scope and involve complex technical problems.

·  It will be expected that the incumbent will exercise a high degree of independence in the selection and application of established principles, technologies, procedures and methods, and exercise independent judgment and initiative in recognising when established approaches may require amplification, adoption or modification.

·  The professional officer at this level may work alone and may assign, co-ordinate and check work of subordinate staff required to work on a common project and provide limited professional guidance to others. Specific direction is given as to objectives, but professional directions are limited to unusual features of assignments. Guidance may be required for the complex approaches.

·  The professional officer at this level must have sound professional knowledge gained through satisfactory completion of an appropriate course of study at a recognised tertiary institution. In some cases such knowledge may be gained through experience working at this level.

·  The incumbent will have demonstrated skills and possess experience in professional, communicative and administrative aspects of the work.

A.3.4            Professional Officer Grade 4

·  At this level, the professional officer may be managerial, a specialist position or a combination of both. The incumbent may be responsible for the sustained supervision of an activity or program of a work unit involving normal professional work or responsible for a highly complex, novel or critical activity in an aspect of professional work where it is necessary to select and/or modify and adapt established principles, technologies, procedures and methods.

·  The professional officer may be required to assign, co-ordinate and verify the work of subordinate staff in a work unit engaged in professional activities or programs and/or provide authoritative professional guidance to others.

·  General direction is given in terms of objectives and priorities, including critical areas which may impinge on work of other units. Decisions concerning normal professional work are not usually subject to review. Expert professional advice may be obtained from consultants to resolve highly complex issues.

·  The professional officer at this level provides a significant input into the policy formulation and execution of programs which may be associated with one or more areas of an employer’s operations.

·  May assist a more senior professional in the direction of professional activities in an institution.

·  Sound theoretical knowledge is required, and this knowledge may be gained through the satisfactory completion of an appropriate course of study, and/or wide experience in a professional activity.

·  The incumbent would be expected to demonstrate a capacity to manage human and material resources.

A.3.5            Professional Officer Grade 5

·  The professional officer at this level may be either a manager or a senior specialist or have a combination of both functions.

·  The incumbent will be responsible for the professional, economic and administrative management of a professional work unit engaged in complex activities or programs requiring the allocation of significant human and material resources and/or the provision of practical and economic solutions to highly complex professional problems in an aspect of professional work.

·  In addition, the professional officer at this level will be responsible for developing, implementing, reviewing major policies, objectives and strategies involving high level liaison/consultation with client areas (internal and external) and/or the exercise originality and ingenuity for devising practical and economic solutions to complex problems. Authority may be exercised over other specialists engaged in complex professional applications.

·  At this level, the professional officer may be required to possess post-graduate qualifications for some specialist positions.

·  Extensive experience in the specialist field or management of human and material resources is necessary.

·  The incumbent will possess a comprehensive knowledge of the relevant programs.

A.4                General/Field Work Worker

A.4.1            General/Field Work Worker level 1 (FW 1)

(a)          A FW 1 works under general supervision. An employee at FW 1 will have:

(i)            successfully completed, in accordance with RPL principles, a skills test equivalent to the required competency standards; or

(ii)          successfully completed a relevant structured training program equivalent to the required competency standards; or

(iii)        obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

(b)          An employee at the FW 1:

(i)            is responsible for the quality of their own work subject to general supervision;

(ii)          works under general supervision either individually or in a team environment;

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

(iv)        works in a safe manner;

(v)          identifies basic faults in materials and equipment;

(vi)        interacts harmoniously with employees;

(vii)      adapts to a changing work environment;

(viii)    communicates essential information; and

(ix)        works from instructions and procedures articulated in written, spoken and/or diagrammatic form.

(c)           Skills and duties

(i)            An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience and will undertake indicative tasks and duties within the scope of skills they possess.

(ii)          An employee at this level may be required to perform a range of duties across the skill streams contained within this award. An employee at this level:

·  works from instructions and procedures;

·  assists in the provision of on-the-job training to a limited degree;

·  co-ordinates work in a team environment or works individually under general supervision;

·  is responsible for assuring the quality of their own work.

A.4.2            General/Field Worker level 2 (FW 2)

(a)          FW 2 works under limited supervision. A FW 2 will:

(i)            have completed in accordance with RPL principles a Skills Test equivalent to the required competency standards; or

(ii)          have completed relevant structured training equivalent to the required competency standards; or

(iii)        successfully completed formally recognised accredited training so as to enable the employee to perform work within the scope of this level; or

(iv)        obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard.

(b)          Skills and duties

(i)            An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience and will undertake indicative tasks and duties within the scope of skills they possess.

(ii)          An employee at this level may be responsible for the supervision of one or more employees working at FW 1 level.

(iii)        An employee at this level:

·  assists with the provision of on-the-job training;

·  assumes responsibility for allocating tasks within the area of the employee’s skill, competence and training;

·  works from complex instructions and procedures;

·  co-ordinates work in a team environment or works individually under general supervision;

·  is responsible for assuring the quality of their work;

·  works in a safe manner.

(c)           Indicative tasks which an employee at this level may perform include the following:

(i)            non-trades maintenance of relevant plant and equipment;

(ii)          anticipates and plans for constant changes to the work environment.

(iii)        materials handling;

(iv)        uses measuring and levelling instruments;

(v)          performs basic quality checks on the work of others.

A.4.3            General/Field Worker level 3 (FW 3)

(a)          A FW 3 works individually or in a team environment in one of more skill streams contained within this award. A CW/FW 3 will:

(i)            have successfully completed a relevant trade apprenticeship or its AQF equivalent; or

(ii)          have successfully completed, in accordance with RPL principles, a Skills Test for this level; or

(iii)        have successfully completed the required competency standards; or

(iv)        obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard,

any one of which will qualify the employee as a FW 3.

(b)          Skills and duties

(i)            An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii)          An employee at this level may be responsible for the supervision of one or more employees working at FW 1 or FW 2 level.

(iii)        An employee at this level:

·  understands and applies quality control techniques;

·  exercises discretion within the scope of this grade;

·  performs work of a trades or non-trades nature which is incidental or peripheral to the employee’s main function and facilitates the completion of the whole task;

·  is able to inspect produces and/or materials for conformity with established operational standards;

·  assists in the provision of on-the-job training;

·  performs work under limited supervision either individually or in a team environment.


 

Schedule BSummary of Hourly Rates of Pay

[Sched B varied by PR718939, PR729384, PR740810, PR762230]

B.1                Full-time and part-time employees

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

[B.1.1 varied by PR718939, PR729384, PR740810, PR762230 ppc 01Jul23]

Employee classification

Work value level

Ordinary hours

Public holidays

 

 

% of minimum hourly rate

 

 

100%

150%

 

 

$

$

Administrative Stream

 

 

 

Administrative Officer

 

 

 

Grade 1

A

23.58

35.37

Grade 1

B

24.16

36.24

Grade 1

C

24.74

37.11

Grade 1

D

25.33

38.00

Grade 2

A

26.18

39.27

Grade 2

B

26.68

40.02

Grade 2

C

27.18

40.77

Grade 2

D

27.68

41.52

Grade 3

A

28.79

43.19

Grade 3

B

29.33

44.00

Grade 3

C

29.87

44.81

Grade 3

D

30.20

45.30

Grade 4

A

31.23

46.85

Grade 4

B

31.77

47.66

Grade 4

C

32.30

48.45

Grade 5

A

33.53

50.30

Grade 5

B

34.00

51.00

Grade 5

C

34.54

51.81

Grade 6

A

35.93

53.90

Grade 6

B

36.61

54.92

Grade 6

C

37.30

55.95

Grade 7

A

39.01

58.52

Grade 7

B

39.68

59.52

Grade 7

C

40.37

60.56

Grade 8

A

43.22

64.83

Grade 8

B

44.41

66.62

Grade 8

C

45.60

68.40

Technical Stream

 

 

 

Technical Assistant (TA)

 

 

 

TA 1

A

24.45

36.68

TA 1

B

24.87

37.31

TA 1

C

25.27

37.91

TA 1

D

25.40

38.10

Technical Officer (TO)

 

 

 

TO 1

A

26.53

39.80

TO 1

B

26.99

40.49

TO 1

C

27.37

41.06

TO 1

D

27.91

41.87

TO 1