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Chullora Printing Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771402).
Clause(s) affected by the most recent variation(s):
17—Superannuation
Table of Contents
5. Access to the award and the National Employment Standards................................... 5
Part 1—Application and Operation
This award is the Chullora Printing Award 2015.
2. Commencement and transitional
2.1 This award commences on 15 May 2015.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
2.4 No right obligation or liability accrued or incurred under any superseded Chullora Printing Award will be affected negatively.
3. Definitions and interpretation
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship
apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority
[Definition of casual employee inserted by PR733953 from 27Sep21]
casual employee has the meaning given by section 15A of the Act
Commission means the Fair Work Commission or any successor organisation
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
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 or company means Nationwide Newspapers Pty Limited
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 Fair Work Act 2009 (Cth)
Non Technology Redundancy means a redundancy which is not a Technology Redundancy which includes but is not limited to redundancies caused by loss of business, economic downturn, rationalisation or closure of operations or part of an operation
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
rate of pay means an employee’s award weekly rate of pay, plus the weekly average of shift allowances, personal margins, service payments and weekend penalties, but excluding overtime, over the period of 12 months immediately preceding termination, redeployment or relocation whichever is applicable
standard rate means the minimum wage for a Printing Machinist 1 in clause 13
Technology Redundancy means a redundancy which arises solely from the introduction of new or updating of existing technology
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.2 The award does not cover an employee excluded from award coverage by the Act.
4.3 This award covers any employer which supplies labour on an on-hire basis in the enterprise set out in clause 4.1 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. This subclause operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for apprentices and/or trainees engaged in the enterprise set out at clause 4.1 and those apprentices and/or 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. This subclause operates subject to the exclusions from coverage in this award.
4.5 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. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(b) at any time, by written agreement between the employer and the individual employee.
Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
8.1 Consultation regarding major workplace change
(a) Employer to notify
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution required to resolve the dispute including mediation, conciliation and consent arbitration.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
[Varied by PR733953]
(a) A regular part-time employee is a permanent employee engaged as such to work less than 38 hours per week of ordinary time on a reasonably predictable and ongoing basis.
(b) A regular part-time employee shall be engaged for a minimum of four (4) consecutive hours on any rostered shift.
(c) The minimum hourly rate of pay for a regular part-time employee shall be the minimum hourly rate under clause 14.1—Minimum rates of pay for a full-time employee in the same classification as the regular part-time employee (i.e. the applicable minimum award rate of pay divided by the award ordinary hours for a relevant full-time employee).
(d) Subject to clause 10.1(c), only the following provisions of the award shall apply to regular part-time employees:
|
Clauses |
Title |
|
2. |
Commencement date |
|
3. |
Definitions |
|
4. |
Coverage |
|
5. |
Access to award and the NES |
|
6 |
NES and this awards |
|
7. |
Award flexibility |
|
9. |
Dispute resolution |
|
11. |
Termination |
|
12. |
Redundancy |
|
13. |
Classifications |
|
14. |
Minimum wages |
|
15.1. |
Clothing |
|
15.2. |
First aid attendant |
|
15.3. |
Meal allowance |
|
16. |
Payment of wages |
|
17. |
Superannuation |
|
18.2. |
Rosters |
|
19. |
Meal breaks |
|
20.1. |
Overtime |
|
20.2. |
Weekend penalty rates |
|
20.3. |
Extra time not cumulative |
|
21. |
Night and afternoon work |
|
22. |
Call time |
|
23. |
Annual leave |
|
24. |
Lieu days |
|
25. |
Personal/carer’s and compassionate leave |
|
26. |
Community service leave |
|
27. |
Public holidays |
|
28. |
Parental leave |
Where appropriate, application of the clauses shall be on a pro-rata basis.
(e) Regular part-time employees will have their hours determined at the commencement of their employment.
(f) The hours of a regular part-time employee may be varied by agreement between the employee and the employer or by the employer giving the employee seven days’ notice in writing.
(g) Hours worked beyond the employee’s rostered shift on any rostered day will be overtime and paid as such.
(h) By agreement between the employer and an employee, a regular part-time employee may in addition to their rostered shift or shifts in a week, work an unrostered shift or shifts as ordinary time, provided that any hours worked in excess of 38 hours per week will be paid as overtime.
[10.2(a) deleted by PR733953 from 27Sep21]
[10.2(b) renumbered as a paragraph by PR733953 from 27Sep21]
10.3 Offers and requests for casual conversion
[10.3 inserted by PR733953 ppc 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 9—Dispute resolution.
11.1 This clause supplements the notice of termination provided for in the NES.
11.2 Notification of technology redundancies
The employer will give each affected individual employee a minimum of 4 weeks notice prior to the termination of the employee’s employment on the ground of a Technology Redundancy, which is inclusive of the NES entitlement.
11.3 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
12.1 This clause supplements redundancy pay provided for in the NES.
12.2 Supplementary to the NES
(a) A casual employee who has worked an average of 21 hours per week over the previous 12 months (‘eligible casual’) but who is not a casual publishing inserter (‘Employees’) is also entitled to redundancy under this award.
(b) An employee whose employment is terminated on the grounds of redundancy will receive a total severance and redundancy payment calculated according to the following formula, which will be inclusive of the NES entitlement.
(i) 2 weeks pay, in the first instance, and in addition
(ii) 4 weeks pay for each completed year of continuous service.
The payments referred to in these clauses shall be calculated pro rata for each completed month of service.
(c) Redundancy payments under this clause will be calculated on an employee’s rate of pay as defined in clause 3.
(d) Permanent part-time employees and eligible casual employees shall receive pro rata redundancy payments.
(e) Permanent part-time employees shall have their period of service calculated from the time of their appointment as a permanent part-time employee, unless they had an entitlement as an eligible casual prior to such appointment and in those circumstances their service as an eligible casual will be taken into account.
(f) No employee shall be entitled under these provisions to a payment greater than he/she would have received in wages had they remained in employment until the age of 65 years.
(g) For employees who commenced on or after 1 July 1970, the maximum redundancy entitlement will be a sum equivalent to the employee’s rate of pay as defined for 112 weeks.
(h) In addition to a redundancy payment, an employee whose employment is terminated on the ground of Technology Redundancy will receive:
(i) a pro rata long service leave payment in accordance with the relevant industrial award, industrial agreement or statute after 5 years continuous service;
(ii) if a member of NewSuper (formally Newsplan - Group Retirement and Assurance Plan), the Herald Pension Fund, or the News Limited Group Superannuation Fund, the employee will receive the payment provided for by the relevant fund trust deed;
(iii) entitlements to annual leave in accordance with the relevant industrial award, agreement or statute
12.3 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
12.4 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
12.5 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.4.
Part 4—Minimum Wages and Related Matters
13.1 The award reflects a graded structure with definitions. There is progression through the grades dependent upon acquisition of additional skills.
13.2 Employees in the classifications under clause 13 of this document are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions. Employees may be required to perform any duty for which they have been trained.
13.3 Press crews are responsible for press maintenance, clean up, start up etc. There is also agreement for redeployment of press crews to assist with problems on other presses, carry out press maintenance, press clean up, start up, reel preparation and loading on other press lines. The Press Crews who have been trained in platemaking may also make plates in the case of an emergency. The same flexible redeployment principles apply to the publishing area crewing on ferag equipment.
(a) Printing Tradespersons
(i) Grade 1
A tradesperson who has completed a trade certificate course.
(ii) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service or has the equivalent to trade qualification in rotary web fed Lithographic printing machining.
(iii) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2 has successfully completed at least 50 per cent of a T.A.F.E. accredited post-trade course, or Advanced Certificate, in printing machining equivalent to at least two years part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks, or in undertaking on-site training on computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.
(iv) Grade 4
A tradesperson, who in addition to being able to carry out the duties specified for grade 1, 2 and 3, has successfully completed all the requirements for the award of a T.A.F.E. accredited post-trade, or Advanced Certificate course in printing machining at least equivalent to two years part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work; or who has successfully completed on-site training in the functions and operations of computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.
(b) Pre-Press Tradespersons (Platemaking)
(i) Grade 1
A tradesperson who has completed a trade certificate course.
(ii) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service.
(c) Production Assistants
(i) Production Assistants may be deployed in any non-trades area requiring assistance.
(ii) Production Assistant 1
A person to be trained in all aspects of non-trades duties including reel preparation, automatic and manual reel handling, reel rewinding, loading and unloading of pallets, mechanical lifting (other than forklift), general assistance and housekeeping duties including machine room cleaning to all departments as requested.
(iii) Production Assistant 2
A person who after 3 months employment is capable of carrying out all the duties in Production Assistant 1 and who may hold a current license to operate a forklift and/or current rigging and scaffolding certificate and/or current crane chasers certificate.
(d) Publishing Operators
A person trained to operate and adjust all Publishing Room equipment, and when necessary direct other employees in the efficient operation of the equipment, where such other employees are employees working at a classification below Publishing Operator.
[Varied by PR567617, PR579924, PR592230, PR606453, PR707566, PR729391, PR740816, PR762236]
[14.1 varied by PR567617, PR579924, PR592230, PR606453, PR707566, PR718945, PR729391, PR740816, PR762236 ppc 01Jul23]
|
Classification |
Minimum Weekly Award Rate |
|
|
$ |
|
Production Assistant 1 |
901.00 |
|
Production Assistant 2 |
945.40 |
|
Publishing Operator |
982.60 |
|
Printing Machinist 1 |
995.00 |
|
Pre Press Operator 1 |
995.00 |
|
Printing Machinist 2 |
1026.20 |
|
Pre Press Operator 2 |
1026.20 |
|
Printing Machinist 3 |
1057.10 |
|
Printing Machinist 4 |
1116.70 |
14.2 Relativities
The relativities are as follows:
|
Classification |
Relativity |
|
|
% |
|
Production Assistant 1 |
85 |
|
Production Assistant 2 |
92.5 |
|
Publishing Operator |
98.5 |
|
Printing Machinist 1 |
100 |
|
Pre Press Operator 1 |
100 |
|
Printing Machinist 2 |
105 |
|
Pre Press Operator 2 |
105 |
|
Printing Machinist 3 |
110 |
|
Printing Machinist 4 |
120 |
14.3 Casual employees
(a) A casual employee working ordinary time will be paid at the pro rata hourly rate of a Production Assistant 1, Publishing Operator, Printing Machinist or Pre-Press Operator Grade 1 dependent on the area in which he/she is employed.
(b) A casual loading of 33 1/3% will be added to the appropriate hourly rate. The casual loading is paid in lieu of all allowances and sick leave, excepting the afternoon/night shift penalty which shall be paid at the shift rate prescribed in this award and calculated on the hourly rate (excluding the casual loading).
(c) A casual required to work overtime shall be paid at the rate of time and one half for the first two hours and double time thereafter. Overtime shall only accrue at the completion of 7.36 hours of work.
(d) A casual publishing hand on a Sunday newspaper shall be paid time and three quarters of the ordinary rate of pay under clause 14.1 for the minimum period of work mentioned in clause 10.2 but overtime shall be paid for at the rate of double ordinary casual time namely two and two-thirds time after eight hours’ work. Rates mentioned in this subclause are deemed to include all other extra rates provided for in this award except the payment of night work provided for in clause 21 of this award.
14.4 Apprentices
(a) The wages paid to an apprentice shall be the following percentages of the applicable Minimum Weekly Award Rate for a Printing Machinist and Pre Press Operator Grade 1 as set out in clause 14.1:
|
Year of Apprenticeship |
Non-Year 12 School Leaver |
Year 12 School Leaver |
|
|
% of Printing Machinist and Pre Press Operator Grade 1 rate |
|
|
Year 1 |
50 |
55 |
|
Year 2 |
60 |
65 |
|
Year 3 |
75 |
75 |
|
Year 4 |
90 |
90 |
(b) Apprentices shall receive 75% of the Night, Afternoon or rotating shift allowance.
(c) No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.
14.5 Supported wage system
See Schedule A.
14.6 School-based apprentices
See Schedule B.
14.7 National training wage
See Schedule C.
[Varied by PR568177, PR579642, PR592380, PR606603, PR704126, PR707773, PR729570, PR740976, PR762408]
(a) On application, the Company must reimburse permanent employees for the cost per year of two pairs of pants/shorts and two working shirts. This subclause does not apply if the Company provides the employee at no cost with the relevant clothing.
(b) The Company must reimburse press and plate room employees and production assistants for the cost of laundering such protective clothing. This subclause does not apply if the Company launders the protective clothing at no cost to the employee.
(c) The Company must reimburse permanent employees for the cost per year of one pair of appropriate footwear. This subclause does not apply if the Company provides the employee at no cost with the appropriate footwear.
The Company shall have at least one employee on each of day, afternoon and night shifts trained to render first aid to be entitled to the first aid time allowance prescribed in 24.6.
[15.3(a) varied by PR568177, PR579642, PR592380, PR606603, PR704126, PR707773, PR719097, PR729570, PR740976, PR762408 ppc 01Jul23]
(a) A meal allowance of $17.26 shall be paid to an employee when one or more hours overtime is worked pre and/or post shift.
(b) Two meal allowances will be paid in the event an employee works a combined total of more than four hours on pre and post shift overtime. A minimum of one hours overtime must be worked at either end of the shift (the final total being at least four hours). Any meal allowances will be paid as a non-taxable amount in the employees weekly pay.
(c) No meal allowance is payable on a sixth shift.
15.4 Adjustment of expense related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods subgroup |
16.1 Employees shall be paid on a weekly basis by electronic funds transfer to a nominated bank, building society or credit union.
16.2 Overtime, penalties and meal allowance will normally be paid in the following week’s pay. Adjustments will also normally be debited against the employees pay in the following week.
16.3 Casual employees will be paid in the following week.
[Varied by PR771402]
17.1 Superannuation legislation
[17.1 substituted by PR771402 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 17 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
17.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 17.3(a) or (b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or (b) was made.
17.4 Superannuation fund
[17.4 varied by PR771402 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(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) Media Super; or
(b) AustralianSuper; or
(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
17.5 A superannuation fund or scheme which the employee is a defined benefit member of
The employer shall make contributions as follows in respect of each employee who is a defined benefit member of a superannuation fund or scheme:
(a) Non-contributory membership of a superannuation fund or scheme the employee is a defined benefit member of
Contributions by the employer will be made in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 and associated regulations as amended from time to time.
(b) Contributory membership of a superannuation fund or scheme the employee is a defined benefit member of
The employer will pay an additional contribution equal to 3% of wages (as defined in the Rules of the fund), and pay whatever additional contributions are required for the employer-funded defined benefits provided by the fund, in accordance with the Rules of the fund and to comply with legislation.
Part 5—Hours of Work and Related Matters
18. Ordinary hours of work and rostering
18.1 Ordinary hours of work
(a) The ordinary rostered hours of work shall not exceed 38 for all ordinary shifts to be worked in five shifts on any days or nights or combination thereof of the week. No employees shall have their shift changed from night to day or day to night more than once in one working week.
(b) The roster of five shifts is in the seven day period Sunday to Saturday inclusive. The roster may be altered, subject to subclause 18.2(c), and therefore may involve an employee working more than five days/nights in succession.
(c) Commencing and finishing times shall be determined by the Company to suit its production requirements.
(a) A roster of working hours shall be displayed in each workroom.
(b) Employees shall be allowed ten minutes at the completion of a full rostered shift for washing up time which shall be counted as time worked.
(c) No permanent employee shall have his/her shift changed without seven days notice.
(d) A shift may be changed without seven days notice by mutual agreement between the company and employee.
(e) Employees with an expectation of regular rosters will be entitled to be consulted prior to any changes as per clause 8.2—Consultation about changes to rosters or hours of work.
19.1 Night and Afternoon Shift
Thirty minutes paid meal break shall apply.
19.2 Day Shift
One hour unpaid meal break shall apply.
19.3 Except as otherwise provided by this clause, an employee shall not be required to work for more than five hours without a break for a meal. Meal breaks will be flexible to allow continuous running.
19.4 An employee may be required to continue working for more than five hours without a meal break, but all time so worked shall be paid for at the appropriate overtime rates. Provided that where in the opinion of the employer’s representative, the work on which an employee is engaged can be completed within half an hour, an employee who has worked for five hours may be required to postpone his meal break for a period up to half an hour without penalty.
19.5 Employees engaged on the publishing work of a Sunday newspaper shall be allowed a meal break of not less than half an hour at a time which, in the opinion of the person in charge of the staff, will best suit the exigencies of the work.
20. Overtime and penalty rates
(a) Approved overtime worked in excess of ordinary hours on shifts rostered Monday to Friday, either pre shift or post shift, shall be paid at the rate of time and one half for the first two hours and double time thereafter calculated on the total overtime worked for each individual shift.
(b) Approved overtime worked on a Saturday or Sunday shall be paid for at the rate of double time.
(c) Overtime shall be computed for actual time worked on a daily basis.
(d) A permanent employee required to commence work before the expiration of ten hours from the finish of his/her previous shift shall be paid one-half extra for time worked up to expiration of such ten hours. The calculation of one half extra will be at ordinary time rates of pay excluding shift allowance where appropriate. The ten hours will count from the time the employee actually finishes the shift.
(e) Subject to clause 20.1(f) an employer may require an employee to work reasonable overtime, at overtime rates, to ensure production requirements are met.
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
The following weekend penalty rates are calculated on the individual’s base rate of pay prescribed in clause 14.
(a) All ordinary time worked between 6.00 pm Friday and 6.30 pm Saturday shall be paid for at the rate of time and one half.
(b) All ordinary time worked on a shift between 6.30 pm Saturday and 7.00 am on Sunday shall attract a penalty rate of time and three quarters.
(c) All ordinary time worked between 7.00 am Sunday and midnight Sunday on the production of a newspaper shall be paid for at the rate of time and one half.
(d) All other ordinary time worked on a shift between 7.00 am Sunday and midnight Sunday shall be paid for at the rate of double time.
20.3 Extra time not cumulative
The weekend penalty rates and overtime rates prescribed in this award shall not be cumulative so as to entitle an employee to be paid more than a maximum of double ordinary rates.
21.1 Employees, including casuals, engaged on night and afternoon shift shall, in addition to their ordinary rates of pay prescribed in clause 14 be paid:
(a) Adults
17.5% of the current Minimum Weekly Award Rate for a Printing Machinist 1 as provided in clause 14 divided by five per night/afternoon shift worked.
(b) Apprentices
75% of the Adult shift allowance per night/afternoon shift worked.
This shift allowance shall form part of the ordinary rate of pay for the calculation of overtime.
21.2 For the purpose of this clause nightwork/afternoon work shall mean any shift, the greater part of which is after 3.00 pm and before 7.00 am
22.2 At the rate of time and a half for the first two hours and double time thereafter for an additional shift Monday to Friday.
22.3 At the rate of double time for an additional shift on Saturday and/or Sunday.
22.4 A minimum of six hours pay at the appropriate rate for each such additional shift worked.
22.5 Subclause 22.1 will not apply if any employee volunteers to work an additional shift in another department and is selected. This employee will be paid no more than if the Company had employed a casual to perform the work.
22.6 Where a permanent employee has been informed that he/she will be required for an additional shift and is informed less than twenty four hours prior to that additional shift’s commencement time that he/she will not be required, a penalty of two hours at ordinary time rates shall be paid.
22.7 Unless an employee has been given notice that he/she is required to work an additional shift prior to leaving work on his/her previous shift, he/she shall be paid two hours call time at the rate of time and one half in addition to payment for all time worked.
22.8 Provided that call time shall not apply in the case of an employee on annual, sick or long service leave or on lieu days where at least 24 hours notice has been given that he/she is required to work an additional shift.
22.9 Provided also that time worked when an employee is required to start work on pre shift overtime or continue work after his/her rostered finish time shall be overtime and paid for as such and shall in no way be considered an additional shift or a call paid.
Part 6—Leave and Public Holidays
23.1 Annual leave is provided for in the NES.
23.2 Permanent employees shall be entitled to accrue six weeks annual leave, which accrues progressively during a year of service and accumulates from year to year. This entitlement is inclusive of the NES entitlement. The employee will be entitled to the take leave at the rate of pay applying to the employee immediately prior to the commencement of his/her leave.
23.3 The leave of absence shall be given and taken in one period or if the employer and the employee so agree, in two or three separate periods; provided that one of those two or three separate periods must be of at least fourteen consecutive days, including non-working days.
23.4 Provided further that an employee may, by agreement with the employer, take short-term leave of absence not exceeding 10 single days in any calendar year, at a time or times separate from any of the periods determined in accordance with this subclause.
23.5 On termination of employment, an employee is entitled to be paid out any accrued untaken annual leave at the rate which the employee would have received had they taken the leave.
23.6 Annual leave entitlements will be paid using the following:
(a) The ordinary weekly base rate applying immediately prior to commencement of leave.
(c) An additional amount of 17.5% of the total of the amounts referred to in clause 23.6(a) and 23.6(b)above.
23.7 A casual employee who has worked for one or more shifts a week for 26 or more weeks during the 12 calendar months shall be granted six weeks annual leave for which he/she shall receive as holiday pay such proportion of 6/46ths of his/her total earnings exclusive of overtime for the period in respect of which the leave accrued as the actual number of weeks bear to 46. An employee who works one or more shifts per week in fewer than 26 weeks during the 12 calendar months shall receive as holiday pay 1/12th of his/her total earnings exclusive of overtime.
24.1 In addition to six weeks annual leave provided for in clause 23—Annual leave, each permanent employee shall be entitled to seven lieu days. Such lieu days are in recognition of employees agreeing to work normal shifts on public holidays without the payment of public holiday penalties.
24.2 Lieu days are provided to employees in advance in January each year.
24.3 Employees will apply to management when they wish to take a lieu day and such lieu days will be granted at a mutually agreed time.
24.4 Lieu days accrued in excess of seven, after 31 December 1991, shall be paid out in December of each year.
24.5 Lieu days do not accrue if an employee is on sick leave or workers compensation.
24.6 A site first-aid attendant appointed under clause 15.2—First aid attendant, shall be allowed three additional lieu days in addition to other lieu days to which he/she is entitled. Such lieu days are to be taken at a mutually convenient time.
25. Personal/carer’s leave and compassionate leave
25.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
25.3 Evidence supporting claim
(a) When an employee takes leave for personal illness or injury, a medical certificate from a duty qualified medical practitioner or statutory declaration will be required if personal leave is in excess of 2 consecutive shifts.
(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
(c) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
25.4 Single days absences
In certain circumstances the certificate of a duly qualified medical practitioner will be required for single day absences immediately on return to work and prior to personal leave being paid. These are:
(a) A personal leave day claimed immediately prior to or following a period of annual leave.
(b) A personal leave day claimed when the employee has been rostered to work a public holiday.
(c) A personal leave day claimed immediately prior to or following a public holiday which the employee is not rostered to work.
25.5 Paid personal leave in excess of that provided by the NES may be granted by the Company at its discretion to an employee where the employee’s case is determined to warrant such extra payment, such as when the physical limitations imposed by the illness do not allow the employee to undertake duties in a safe manner.
26.1 Community service leave is provided for in the NES.
(a) A permanent employee required to attend for jury service during his/her ordinary hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of attendance for such jury service and the classification rate, overaward payment and shift loading which would have been paid had he/she not been on jury service.
(c) Subject to clause 26.2(b) above, a night work employee who is empanelled on a jury or is subpoenaed and serves throughout the day shall not be required to report for work that night.
(d) Subject to clause 26.2(b) above, a night work employee who has to report for jury service the following day shall finish work no later than midnight.
27.1 Public holidays are provided for in the NES.
27.2 The annual leave prescribed in clause 23—Annual leave and lieu days prescribed in clause 24—Lieu days, are in recognition of employees agreeing to work normal shifts without the payment of public holiday penalties.
27.3 For the purposes of clauses 23—Annual leave and 24—Lieu days, and this clause, public holidays are New Years Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Christmas Day, Boxing Day, Australia Day, Queens Birthday, Labour Day and allocated AFMEPKIU Picnic Day (last Monday in February) or days substituted therefor.
Parental Leave is provided for in the NES.
Schedule A—Supported Wage System
[Varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969]
A.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
[A.2 varied by PR568050 ppc 01Jul15]
A.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
A.3 Eligibility criteria
A.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
A.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
A.4 Supported wage rates
A.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause A.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[A.4.2 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
A.4.2 Provided that the minimum amount payable must be not less than $102 per week.
A.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
A.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
A.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
A.6 Lodgement of SWS wage assessment agreement
A.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
A.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
A.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
A.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
A.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
A.10 Trial period
A.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
A.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[A.10.3 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
A.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
A.10.4 Work trials should include induction or training as appropriate to the job being trialled.
A.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause A.5.
Schedule B—School-based Apprentices
B.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
B.4 For the purposes of clause B.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
B.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
B.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
B.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.
B.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression, if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
B.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
B.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule C—National Training Wage
[Varied by PR567617, PR579924, PR592230, PR606453, PR707566, PR718945, PR729391, PR740816, PR762236]
C.1 Title
This is the National Training Wage Schedule.
C.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
C.3 Coverage
C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.
C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
C.4 Types of Traineeship
The following types of traineeship are available under this schedule:
C.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
[C.5 varied by PR567617, PR579924; substituted by PR592230, PR606453, PR707566, PR729391, PR740816, PR762236 ppc 01Jul23]
C.5.1 Minimum wages for full-time traineeships
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
503.30 |
|
Plus 1 year out of school |
423.10 |
503.30 |
585.70 |
|
Plus 2 years out of school |
503.30 |
585.70 |
681.60 |
|
Plus 3 years out of school |
585.70 |
681.60 |
780.40 |
|
Plus 4 years out of school |
681.60 |
780.40 |
|
|
Plus 5 or more years out of school |
780.40 |
|
|
(b) Wage Level B
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
490.50 |
|
Plus 1 year out of school |
423.10 |
490.50 |
564.20 |
|
Plus 2 years out of school |
490.50 |
564.20 |
661.80 |
|
Plus 3 years out of school |
564.20 |
661.80 |
754.70 |
|
Plus 4 years out of school |
661.80 |
754.70 |
|
|
Plus 5 or more years out of school |
754.70 |
|
|
(c) Wage Level C
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
490.50 |
|
Plus 1 year out of school |
423.10 |
490.50 |
554.70 |
|
Plus 2 years out of school |
490.50 |
554.70 |
619.70 |
|
Plus 3 years out of school |
554.70 |
619.70 |
690.20 |
|
Plus 4 years out of school |
619.70 |
690.20 |
|
|
Plus 5 or more years out of school |
690.20 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
Wage Level A |
810.00 |
840.80 |
|
Wage Level B |
783.40 |
813.20 |
|
Wage Level C |
716.50 |
743.60 |
C.5.2 Minimum wages for part-time traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.55 |
|
Plus 1 year out of school |
13.92 |
16.55 |
19.27 |
|
Plus 2 years out of school |
16.55 |
19.27 |
22.42 |
|
Plus 3 years out of school |
19.27 |
22.42 |
25.68 |
|
Plus 4 years out of school |
22.42 |
25.68 |
|
|
Plus 5 or more years out of school |
25.68 |
|
|
(b) Wage Level B
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.14 |
|
Plus 1 year out of school |
13.92 |
16.14 |
18.56 |
|
Plus 2 years out of school |
16.14 |
18.56 |
21.77 |
|
Plus 3 years out of school |
18.56 |
21.77 |
24.83 |
|
Plus 4 years out of school |
21.77 |
24.83 |
|
|
Plus 5 or more years out of school |
24.83 |
|
|
(c) Wage Level C
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.14 |
|
Plus 1 year out of school |
13.92 |
16.14 |
18.24 |
|
Plus 2 years out of school |
16.14 |
18.24 |
20.39 |
|
Plus 3 years out of school |
18.24 |
20.39 |
22.70 |
|
Plus 4 years out of school |
20.39 |
22.70 |
|
|
Plus 5 or more years out of school |
22.70 |
|
|
(d) School-based traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:
|
Year of schooling |
|
|
Year 11 or lower |
Year 12 |
|
per hour |
per hour |
|
$ |
$ |
|
12.64 |
13.92 |
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
Wage Level A |
26.65 |
27.65 |
|
Wage Level B |
25.77 |
26.75 |
|
Wage Level C |
23.57 |
24.46 |
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
C.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
C.6 Employment conditions
C.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
C.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.
C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix C1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
C1.1 Wage Level A
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I |
|
Beauty |
III |
|
Business Services |
I |
|
Chemical, Hydrocarbons and Refining |
I |
|
Civil Construction |
III |
|
Coal Training Package |
II |
|
Community Services |
II |
|
Construction, Plumbing and Services Integrated Framework |
I |
|
Correctional Services |
II |
|
Drilling |
II |
|
Electricity Supply Industry—Generation Sector |
II |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I |
|
Financial Services |
I |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I |
|
Laboratory Operations |
II |
|
Local Government (other than Operational Works Cert I and II) |
I |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I |
|
Maritime |
I |
|
Metal and Engineering (Technical) |
II |
|
Metalliferous Mining |
II |
|
Museum, Library and Library/Information Services |
II |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
C1.2 Wage Level B
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I |
|
Asset Maintenance |
I |
|
Australian Meat Industry |
I |
|
Automotive Industry Manufacturing |
II |
|
Automotive Industry Retail, Service and Repair |
I |
|
Beauty |
II |
|
Caravan Industry |
II |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I |
|
Extractive Industries |
II |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I |
|
Forest and Forest Products Industry |
I |
|
Furnishing |
I |
|
Gas Industry |
I |
|
Health |
II |
|
Local Government (Operational Works) |
I |
|
Manufactured Mineral Products |
I |
|
Metal and Engineering (Production) |
II |
|
Outdoor Recreation Industry |
I |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II |
|
Property Services |
I |
|
Public Safety |
I |
|
Pulp and Paper Manufacturing Industries |
I |
|
Retail Services |
I |
|
Screen and Media |
I |
|
Sport Industry |
II |
|
Sugar Milling |
I |
|
Textiles, Clothing and Footwear |
I |
|
Transport and Logistics |
I |
|
Visual Arts, Craft and Design |
I |
|
Water Industry |
I |
C1.3 Wage Level C
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I |
|
Conservation and Land Management |
I |
|
Funeral Services |
I |
|
Music |
I |
|
Racing Industry |
I |
|
Rural Production |
I |
|
Seafood Industry |
I |
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