You’re offline. This is a read only version of the page.
Northern Territory News Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777365 and PR778113).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
13—Casual employees
22A—Employee right to disconnect
Table of Contents
[Varied by PR774858, PR778113]
5. Access to the award and the National Employment Standards.................................... 6
Part 2— Workplace Delegates, Consultation and Dispute Resolution................................ 7
Part 3— Types of Employment and Termination of Employment.................................... 12
Part 1—Application and Operation
This award is the Northern Territory News 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 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award.
2.4 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.
2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
2.6 The Fair Work Commission may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
[Varied by PR733958, PR774858, PR777365]
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
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority
artist and/or designer shall mean and refer to an employee engaged in designing including the making of layouts, artwork including sketching, but whose work does not involve typesetting or type assembly in any form, or any work involving the skills of tradesmen in the printing industry
[Definition of casual employee inserted by PR733958 from 27Sep21; varied by PR777365 from 27Aug24]
casual employee has the meaning given by section 15A of the Act
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
[Definition of employee organisation inserted by PR774858 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employee means national system employee within the meaning of the Act
employer or company means Northern Territory News, a division of Nationwide News Pty Ltd, or Perth Print Pty Ltd only where expressly referred
[Definition of enterprise inserted by PR774858 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (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
[Definition of small business employer inserted by PR774858 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum wage for “Level 5” in clause 17.1
Technology Redundancy means a redundancy which arises solely from the introduction of new or updating of existing technology
transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of workplace delegate inserted by PR774858 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This enterprise award covers ‘Northern Territory News’ a division of Nationwide News Pty Ltd and its employees in the classifications listed in clause Schedule A to the exclusion of any other modern award.
4.2 Only clauses 15 and 16 and accompanying definitions in clause 3 of this award also cover Perth Print Pty Ltd and its employees who are employed in the positions of printing machinist, mechanical trades, electrical trades, pre-press operators (platemaking), production assistant, and publishing operator.
4.3 The award does not cover an employee excluded from award coverage by the Act.
4.4 This award covers any employer which supplies labour on an on-hire basis in the industry 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.
4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry 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.
4.6 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. The union shall be permitted to post notices as to union meetings on a board in the factory in a reasonable manner.
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.
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:
(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(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—Workplace Delegates, Consultation and Dispute Resolution
[Part 2—Consultation and Dispute Resolution renamed by PR774858 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774858 from 01Jul24]
7A.1 Clause 7A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 7A.
7A.2 In clause 7A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
7A.3 Before exercising entitlements under clause 7A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
7A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
7A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
7A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 7A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
7A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 7A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
7A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
7A.9 Exercise of entitlements under clause 7A
(a) A workplace delegate’s entitlements under clause 7A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 7A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 7A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7A.
7A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 7A, the entitlement under the other clause applies instead of the entitlement under clause 7A.
8.1 Consultation regarding major workplace change
(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 8.1(a), 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 8.1(a).
(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.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award 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 permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
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.
10. Trade union training leave
A Chapel officer wishing to attend any approved trade union course shall be allowed reasonable time off with pay to attend such course, providing the course is associated with dispute settling procedures.
Part 3—Types of Employment and Termination of Employment
11.1 No person shall be employed except as:
(a) a weekly full-time employee;
(b) a weekly part-time employee;
(c) a casual employee; or
(d) an Apprentice.
11.2 Employee duties
(a) An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training provided that such duties are not designed to promote deskilling.
(b) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
(c) Any direction issued by an employer pursuant to this clause shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.
12.1 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.
12.2 A regular part-time employee shall be engaged for a minimum of four consecutive hours on any rostered shift.
12.3 The minimum hourly rate of pay for a regular part-time employee shall be the minimum hourly rate under this award 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).
12.4 A part-time employee will receive pro rata the conditions of a full-time employee who does the same kind of work.
12.5 Regular part-time employees will have their hours determined at the commencement of their employment.
12.6 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.
12.7 Hours worked beyond the employee’s rostered shift on any rostered day will be overtime and paid as such.
12.8 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.
[Varied by PR733958, PR777365]
[13.1 substituted by PR733958 from 27Sep21]
13.1 The employer when engaging a person shall inform them that they are employed as a casual.
[13.2 substituted by PR733958 from 27Sep21]
13.2 A casual employee, after two weeks of continuous employment as a casual employee, shall become a full-time weekly employee. A casual employee has been continuously employed when he or she has worked the same hours as a full-time weekly employee.
13.3 Changes to casual employment status
[New 13.3 inserted by PR733958 from 27Sep21; renamed and substituted by PR777365 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 9—Dispute resolution.
[13.3 renumbered as 13.4 by PR733958 from 27Sep21]
13.4 If a casual employee (other than a casual publishing employee) commences duty on any day, or is directed to attend for duty and actually attends on any day, such employee shall in respect of such day be paid at the rate herein provided and for six hours (either day or afternoon) at the least.
[13.4 renumbered as 13.5 by PR733958 from 27Sep21]
13.5 If a casual publishing employee commences duty on any day or is directed to attend for duty and actually attends on any day, such employee shall in respect of such day be paid at the rate herein provided and for three hours (either day or afternoon) at the least.
[13.5 renumbered as 13.6 by PR733958 from 27Sep21]
13.6 A casual employee shall be paid for such work the hourly rate prescribed for such work, with the addition of 25%.
[13.6 renumbered as 13.7 by PR733958 from 27Sep21]
13.7 A casual employee, when working on a holiday, or on overtime, or at a time for which a weekly employee is paid above his/her ordinary rate of pay as a casual employee, shall have their rate increased by the same proportion (e.g., one-half or double, as the case may be) as the weekly worker’s rate applicable to the class of work done by the casual employee, and is directed to be increased under this award for work on such holiday, overtime, or other time, with the addition of 25%.
14.1 The terms of this award will apply to apprentices, including adult apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an apprenticeship authority.
14.2 Subject to appropriate territory legislation an employer must not employ an unapprenticed junior in a trade or occupation provided for in this clause.
14.3 Training packages and trades
(a) Where it is consistent with legislation, an apprentice may be engaged under a Training Agreement approved by an Apprenticeship Authority, provided the qualification outcome specified in the Training Agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the relevant Industry Skills Council and endorsed by the National Skills Standards Council.
(b) Apprenticeship authority means relevant Training Authority.
14.4 In order to undertake trade training in accordance with this clause a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the Apprenticeship Authority or legislation. The employer will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.
14.5 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of legislation and the Apprenticeship Authority.
14.6 The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with legislation but will not exceed six months.
14.7 Apprentices attending technical colleges or schools or registered training organisations or TAFE and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.
14.8 Except as provided in this clause or where otherwise stated all conditions of employment specified in the award will apply to apprentices. Notice of termination and redundancy provisions will not apply to apprentices.
14.9 Period of apprenticeship
(a) The period of apprenticeship will be four years.
(b) The period may be varied to such other period as is approved by an apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under this award.
(i) an approved competency based training program;
(ii) an approved Graphic Arts Pre Vocational Course.
(d) No apprentice under the age of seventeen years will be required to work overtime before 7.00 am or later than 9.00 pm on any working day.
14.10 Release for training
(a) An apprentice who is engaged in day release training may only be employed on day work.
(b) An apprentice who is engaged on block release training and who is aged eighteen years or more may agree to be employed on morning or afternoon shift except during periods of attendance on block release training.
14.11 Apprentice rates of pay
(a) An apprentice will not be entitled to a higher rate of pay until the apprentice has worked for a period of twelve months.
(b) Absences due to annual leave and paid sick leave will be counted as part of the twelve month period.
(c) At the request of the apprentice:
(i) Any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice in reduction of the time that needs to be worked in the relevant year; or
(ii) Any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.
(d) The period of the apprenticeship cannot be reduced by the operation of clause 14.9(c).
14.12 Wages of apprentices (other than adult apprentices)
(a) Where the work is performed by an apprentice (other than an adult apprentice), the minimum rate of wages will be the percentage set out below of the wage of a tradesperson working at the rate prescribed for Level 5 in clause 17 – minimum wages in the area in which the apprentice is employed:
|
|
Has not completed year 12 |
Has completed year 12 |
|
|
% of level 5 rate |
|
|
First year |
50 |
55 |
|
Second year |
60 |
65 |
|
Third year |
72.5 |
72.5 |
|
Fourth year |
87.5 |
87.5 |
14.13 Proficiency payments
(a) If the apprentice attains a standard approved by an accredited training provider, the apprentice must receive, in addition to the prescribed weekly wage, a weekly amount calculated based on one on the following percentages of the appropriate rate prescribed for Level 5 in clause 17 – minimum wages.
(i) For the first annual examination passed at that standard - .86%.
(ii) For the second annual examination passed at that standard - 1.72%.
(iii) For the third annual examination passed at that standard - 2.58%.
(b) The apprentice will receive such additional amount on and from the beginning of the first pay period commencing in January following the examination. Where an apprentice is unable to sit for an annual examination because of personal illness or injury and then satisfactorily passes a deferred examination, the relevant additional amount will be payable to the apprentice on and from the first pay day after the date on which the results of that deferred examination are published.
(c) Where vocational training legislation provides for proficiency payments to be paid to an apprentice, then those provisions will apply in substitution for the amounts in this clause.
(d) Proficiency payments are not payable to adult apprentices.
14.14 Adult apprentices
(a) Where a person was employed by an employer in the printing industry immediately before becoming an adult apprentice with that employer, such person must not suffer reduction in the actual rate of pay by virtue of becoming indentured.
(b) The minimum wages of an adult apprentice, including the wages of probationers for apprenticeship, will be the percentage set out below of the wage of an employee working at the rate prescribed for group Level 5 for the area in which they are employed:
|
|
% |
|
First year |
82 |
|
Second year |
87 |
|
Third year |
92 |
|
Fourth year |
100 |
(c) Where an adult apprentice has been adjudged by the Apprenticeship Authority in accordance with the requirements of the legislation to have gained sufficient theoretical and practical knowledge the apprentice will be deemed, for the purposes of calculating the appropriate wage rate, to have completed the period advanced.
(d) An adult apprentice who is engaged on day release training may only be employed on day work during their periods of attendance at day release.
(e) The employer shall not permit or require a person under the age of eighteen years to be employed on a power-driven guillotine (unless an apprentice indentured
15.1 Notice of termination is provided for in the NES.
15.2 Notification of technology redundancies
This clause supplements the NES. 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.
15.3 If an employee’s services are terminated during the course of the week, he/she shall be paid all money due to him/her at the termination of his/her service, or all money due to such employee shall be forwarded to him/her no later than the employer’s next pay day. An employer not observing this provision shall pay such employee an extra full day’s pay for each day after the employer’s usual pay day, upon which he/she applies at the employer’s place of business, for payment of the amount due to him/her and does not receive it.
15.4 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.
16.1 Redundancy pay is provided for in the NES.
16.2 This clause supplements 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 statue 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.
16.3 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.
16.4 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.
16.5 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) An employee whose employment is terminated on the ground of Technology Redundancy will also have available reasonable paid time off to seek alternative employment at times mutually agreed between the employee and the company and provided there is no interference with production requirements
(c) 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.
(d) This entitlement applies instead of clause 15.5.
Part 4—Minimum Wages and Related Matters
17. Minimum wages and classification structure
[Varied by PR567619, PR579947, PR592232, PR606455, PR707569, PR729393, PR740818, PR762238, PR774020]
[17.1(a) varied by PR567619, PR579947, PR592232, PR606455, PR707569, PR718947, PR729393, PR740818, PR762238, PR774020 ppc 01Jul24]
(a) An adult employee in a classification level specified in Schedule A will be paid at the respective award rate of pay, which is the total of the base rate of pay, supplementary payment and arbitrated safety net adjustments.
|
Group level |
Weekly award rate of pay |
|
|
$ |
|
1 |
891.50 |
|
2 |
915.90 |
|
3 |
949.10 |
|
4 |
980.30 |
|
5 |
1032.30 |
|
6 |
1064.70 |
|
7 |
1096.70 |
|
8 |
1126.20 |
17.2 The definitions of classifications are found in Schedule A.
17.3 Supported wage system
See Schedule B.
17.4 National training wage
See Schedule D.
[Varied by PR750880]
(a) A weekly employee (adult or junior) working other than the day work hours prescribed by clause 22.1 shall be paid an allowance of 17-1/2% of the rate provided for Level 5. Provided that overtime worked in connection with day work shall be reckoned as day work and the appropriate penalty rate for that overtime shall be paid.
(b) In the event of an employee to whom this clause applies working for less than a week he/she shall be paid the allowance pro rata for the shifts worked by him or her.
18.2 Leading hand
(a) Where three adult employees are permanently employed in any branch of the industry of an employer’s business one of their number shall be paid not less than 1.9% of the standard rate per week above the wage of the highest paid employee under his or her supervision, and where four or more adult employees are permanently employed, one of their number shall be paid not less than 3.25% of the standard rate per week above the wage of the highest paid employee under his or her supervision.
(b) The additional amounts referred to in this clause shall be part of the weekly wage for all purposes of this award.
18.3 First aid attendant
(a) Where an employee is recognized by the St. John Ambulance Association or other similar body as qualified to render first aid, and the employee is requested by the employer and does accept appointment as a first aid attendant, he/she shall be paid 1.83% of the standard rate per week which shall be added to his or her weekly wage for all purposes of this award.
(b) The employer shall reimburse an employee all costs involved with the training required to qualify as competent to administer first aid through a St. John Ambulance course, and in addition the employer shall reimburse the costs incurred every three years for the employees concerned to attend refresher courses.
(a) Where it is necessary for an employee to wear protective clothing the employer will provide it on request or shall reimburse the employee an allowance equal to the costs of attaining such clothing.
(b) Should the employer require an employee to wear at his or her work a uniform or overall the employer shall provide same and keep it clean and in repair or shall reimburse the employee costs incurred in doing so.
18.5 Automatic adjustment of wage-related allowances
[New 18.5 inserted by PR750880 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
18.6 Adjustment of expense related allowances
[18.5 renumbered as 18.6 by PR750880 ppc 15Mar23]
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
19.1 Subject to clause 19.2, an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, enterprise agreement or Division 2B State employment agreement had applied to the employee; and
(b) that would have entitled the employee to accident pay in excess of the employee’s entitlement to accident pay, if any, under any other instrument.
19.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
19.4 This clause ceases to operate on 31 December 2014.
An employee shall be paid his/her wages on Thursday or Friday in each week, and no more than two days pay shall be kept in hand by the employer.
[Varied by PR771405]
21.1 Superannuation legislation
[21.1 substituted by PR771405 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 21 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.
21.2 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.
21.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.
21.4 Superannuation fund
[21.4 varied by PR771405 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.1(a) to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.1(a) and pay any amount authorised under clauses 21.3(a) or 21.3(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 superannuation scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
21.5 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.
21.6 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 21.1(a) and pay the amount authorised under clauses 21.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Hours of Work and Related Matters
22. Ordinary hours of work and rostering
(a) The day work hours of duty of employees shall not exceed 8 hours 30 minutes on Monday to Friday inclusive, and shall not exceed 42 hours in any week, and 40 hours in any week averaged over a four week cycle, to be worked between 8.00 am and 6.00 pm on Monday to Friday inclusive.
22.2 Night work
(a) The night work hours of duty of employees shall not exceed eight hours on Sunday to Saturday, inclusive, and shall not exceed 40 hours in any week and 38 hours in any week averaged over a four week cycle to be worked between the hours of 6.00 pm and 6.00 am on Sunday to Saturday, inclusive.
22.3 Nineteen day month
(b) An employee shall be entitled to be absent from his/her employment without deduction of pay on the day observed as or any day substituted for his rostered day off prescribed by this clause.
(c) Where a rostered day off referred to in this clause falls on a public holiday prescribed in the NES or this award, a day in lieu of such rostered day off shall be given and taken within a reasonable time or added to the next ensuing period of annual leave as is agreed upon between the employer and the employee.
(d) Where the employer terminates the employment of an employee before he/she takes his/her rostered day off all time worked in excess of eight hours for day workers and 7 hours 36 minutes for night workers which has accrued for that rostered day off shall be deemed as overtime and paid at the overtime rates prescribed in clause 24.
22.4 If an employee is required to work on a rostered day off referred to in clause 22.3(a) he or she shall be granted a day off in lieu thereof within a reasonable period or have an additional day added to the next ensuing period of annual leave as is agreed upon between the employer and the employee
22A. Employee right to disconnect
[22A inserted by PR778113 from 26Aug24]
22A.1 Clause 22A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
22A.2 Clause 22A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
22A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
22A.4 Clause 22A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 24.5.
23.1 Meal period
(a) The minimum time allowance for meals shall be 45 minutes, and the maximum allowance one hour. Provided that by agreement with a majority of employees the period may be reduced to not less than half an hour.
(b) No employee shall be compelled to break shift except for meals, and no shift shall exceed five hours without a break for meals.
(c) Where an employee is required to work during his/her usual meal period he/she shall be paid one-half extra on the hourly rate of his/her weekly wage for the time so worked, and he/she shall be allowed his/her usual meal period as soon as it can be arranged.
(d) On day work the meal period shall be between the hours of noon and 2.00 pm
(e) On any other shift the meal period shall be not later than five hours after commencing the shift.
23.2 Rest interval
On both day and afternoon shift there shall be two intervals of ten minutes for rest, each such time to count as time worked. The times of these breaks will be determined by agreement between the company and the majority of employees on the shifts affected.
24. Overtime and penalty rates
[Varied by PR568179, PR579645, PR592383, PR606605, PR704176, PR707776, PR719099, PR729573, PR740978, PR762410, PR774188]
24.1 Reasonable overtime
(a) An employer may require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(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.
24.2 Calculation of overtime
(a) All overtime rates earned by an employee shall be paid in full, and no deduction shall be made from such overtime rates by reason of any time not worked by such employee.
(b) All duty performed in excess of or outside the hours mentioned in clause 22—Ordinary hours of work and rostering, or in excess of the hours of a shift, shall be overtime, and shall be paid for at the rate of time and a half for the first two hours and double time thereafter.
(c) Any employee who is required to work on a public holiday as prescribed by the NES or this award, on which he/she is entitled to be absent without loss of pay, shall be paid double the ordinary rate for the hours worked before the ordinary rostered hour of commencing work or after the ordinary rostered hour of finishing work.
(d) Double time shall be paid for all work done on Saturday and on Sunday (with a minimum of four hours work, or pay equivalent thereto).
(e) When an employee is required to work overtime exceeding 30 minutes but less than one hour, he/she shall be paid as though he/she had. An employee, if called upon to work overtime in excess of one hour after the usual finishing time of any shift shall be paid for two hours work at overtime rates at the least.
(f) The employer shall not insist upon an employee working overtime where the employee declares he/she is not free to work and discloses a good reason to the employer to support his/her declaration. No employee shall be dismissed, or in any way whatsoever prejudiced in his/her employment, by reason of his/her refusal to work overtime where he/she has satisfactorily disclosed he/she is not free to work.
24.3 Overtime meal allowance
[24.3 varied by PR568179, PR579645, PR592383, PR606605, PR704176, PR719099, PR729573, PR740978, PR762410, PR774188 ppc 01Jul24]
Where overtime in excess of one hour is worked by an employee, $23.27 shall be paid as an allowance for meal money. The same allowance shall be made for each meal reasonably occurring during such overtime work.
24.4 Breaks between shifts
(a) Any employee required to work more than five consecutive shifts without a clear interval from work of 36 hours after the sixth shift, shall be paid double time for all work performed by him/her after the sixth shift, until he/she shall have had such clear interval of 36 hours between shifts. If an employee is stood off for any period during the ordinary working week in order to allow a 36 hour break, there shall be no reduction in his/her weekly wage.
(b) An employee who during the course of a week’s work is transferred from one shift to another shift shall be allowed at least a ten hours break between the time of finishing one shift and the time of commencing the next shift. If such ten hours break is not allowed, the employee shall be paid overtime rates for the shift immediately following the change.
(c) An employee who has worked overtime shall be granted at least a break of ten hours between the time of finishing work and the time of commencing work on the next shift, and no deductions shall be made from his/her pay because of any time lost by reason of such break. Where an employee has not been granted such ten hours break he/she shall be paid double time for all time worked by him/her until he/she shall have had a break of at least ten hours between shifts.
(a) One hour’s time at the least, in addition to the actual time worked and/or the time the employee is required to stand by for work, with a minimum of four hours, shall be paid for as a call to any employee brought in to do any work not in his/her ordinary working hours, such to be paid for at the rate of time and a half, except on Saturday and on Sunday, when double time shall be paid
Part 6—Leave and Public Holidays
25.1 Annual leave is provided for in the NES.
25.2 This clause supplements the entitlements in the NES.
(a) Employees shall be entitled to six weeks’ leave per year of service, which is inclusive of the NES entitlement.
(b) Each employee before going on leave shall be paid for the period of annual leave.
(e) During a period of annual leave the employee shall, in addition, receive a loading of 17-1/2% calculated on the wage prescribed by clause 25.2(c) and 25.2(d).
(f) The employer may agree to provide an employee with annual leave in advance of the entitlement to annual leave being accrued.
(g) Where annual leave has been taken before the entitlement to annual leave has accrued the right to further annual leave shall not commence to accrue until after the expiration of the period of employment in respect of which the leave has been taken.
(h) Payment shall not be made by an employer to an employee in lieu of the leave to which the employee is entitled under this clause nor shall any such payment be accepted by the employee.
(a) If an employee’s employment is terminated, the employer must pay the employee all accrued annual leave entitlements.
(b) Where an employee’s accrued entitlements do not equate to one year’s entitlement the employee shall, in addition to any accrued leave paid under 25.3(a) be paid an amount equal to 6/52 of the employees ordinary weekly pay for the period of the entitlement.
(c) The employer must pay the employee the amount for the annual leave entitlement which the employee would have received had they taken the leave.
25.4 General provisions
(a) The employer shall not require or permit an employee to work on any day during the period of his/her leave unless he/she so consents. Where consent has been given, the employee shall be paid for eight hours at double time for each day or portion of a day so worked.
(b) Where the employer is a successor or assignee or transmittee of a business, and an employee was in the employment of the employer’s predecessor at the time when they became such successor or assignee or transmittee, the employee in respect of the period during which he/she was in the service of the predecessor shall for the purpose of this clause be deemed to have been in the service of the employer.
(c) The provisions of this clause shall apply only to weekly employees.
(d) Week in relation to any employee means the employee’s ordinary working week.
(e) Year shall include the period of leave.
26. Personal/carer’s leave and compassionate leave
26.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
26.2 This clause supplements the NES entitlement.
(a) A weekly employee will be entitled to receive personal/carer’s leave per year on the following scale which is inclusive of the NES entitlement:
(i) Full pay: For the first four weeks.
(ii) Half pay: For the next four weeks.
(iii) Quarter pay: For the next following four weeks.
Provided the employee gives the employer notice as soon as is reasonably practicable of his or her inability to attend for duty and produces a medical certificate when required to do so by the employer.
(b) The period or periods of absence in any current twelve monthly personal/carer’s leave period will be aggregated for the computation of personal/carer’s leave pay.
(c) In addition to the scale of personal/carer’s leave pay provided in by this clause, the employee, when absent, will accrue accumulated personal/carer’s leave on the following conditions:
(ii) The number of days accumulated leave available to the employee at any time shall be calculated to the nearest whole number.
(d) When on personal/carer’s leave, employees will be paid at their ordinary weekly rate.
Compassionate leave is provided for in the NES.
Community service leave is provided for in the NES.
Parental leave is provided for in the NES.
30.1 Public holidays are provided for in the NES.
30.2 This clause supplements the entitlement in the NES.
(a) What days are public holidays
(ii) A proportion of the annual leave granted in this award, is in compensation for working at ordinary rates on the following statutory holidays: the first day of January, the 26th day of January, Easter Saturday (the day after Good Friday), Easter Monday, the 25th day of April (Anzac Day), the Queens Birthday and Boxing Day.
(iii) Where an additional public holiday is proclaimed or gazetted, employees covered by this award shall be entitled to observe that day as a public holiday and be absent from work without deduction of pay.
(b) Effect of public holidays
(i) Where a holiday referred to in clause 30.2(a)(i) falls on a day on which the employee is not rostered to work a day in lieu of such holiday shall be given and taken within a reasonable time or added to the next ensuring period of annual leave as is agreed upon between the employer and the employee.
(ii) Should any of the holidays referred to in clause 30.2(a)(i) occur during the currency of an employee’s annual leave, an additional day or days, as the case may be, shall be added to the annual leave for each such holiday.
30.3 Termination and public holidays
(a) An employer shall not terminate the employment of a weekly employee for the purpose of evading payment for the holidays prescribed by clause 30.2(a)(i).
(b) Where an employee is dismissed within one week before any holiday prescribed by clause 30.2(a)(i), his/her re-engagement within one week after such holiday shall be prima facie evidence that his/her employment was terminated in breach of this clause.
(c) Where the employer terminates the employment within one week of a day on which a holiday prescribed by clause 30.2(a)(i) occurs, the employee shall be paid for such holiday at ordinary rates of pay provided that such employee had been employed by the employer for a period of at least one week prior to the termination of the employment.
Schedule A—Classification definitions
A.1 Level 1 - Trainee employee - 78%
A.1.1 A new entrant into the industry undertaking between four and 38 hours introductory training to the industry and the enterprise during the first four weeks of employment.
A.1.2 Indicative tasks
(a) Introductory level where the employee performs tasks to the level of training undertaken and is performing tasks requiring minimum skills.
(b) This is a basic introductory level trainee rate, assuming no work experience or acceptable skills in the duties or work required.
(c) This does not restrict or limit the employment of new employees at a higher level should they be accepted as possessing experience or skills appropriate to a higher level.
(d) After the first month and the completion of the required introductory training the employee will be reclassified at Level 2.
A.1.3 Training structure
(a) Topics which could be suitable for such introductory training for new permanent employees include:
(i) Information on the broad industry, conditions of employment, welfare facilities, introduction to supervisors and other employees, career paths and opportunities, training options, features of the enterprise, basic occupational health and safety procedures, plant layout and workshop procedures, union organisation, administration procedures and equal employment.
A.2 Level 2 - Employee - 82%
A.2.1 An employee performing tasks in this level will have either completed acceptable training and experience at Level 1, or will be recognised as having the skills necessary to perform the indicative tasks below.
A.2.2 The tasks listed require a degree of responsibility and skill beyond that required of the Level 1 employee.
A.2.3 Indicative tasks
(a) Repetitive production work of a routine nature using non-certificate equipment as trained (e.g. driving a goods lift).
(b) Permanent part-time/casual workers engaged in repetitive routine work, including loading of an inserting machine and manual inserting.
A.2.4 Training structure
(a) Employees performing tasks at this level will be undertaking ongoing training to enable them to perform the designated tasks at this level; being provided with industry knowledge as detailed in Level 1 as required; or they will be undertaking training for tasks designated at Level 3.
A.3 Level 3 - Employee - 87.4%
A.3.1 An employee performing tasks in this level will have either completed acceptable training and experience at Level 2, or will be recognised as having the skills necessary to perform the indicative tasks below.
A.3.2 The tasks listed require a degree of responsibility and skill beyond that required of the Level 2 employee.
A.3.3 Indicative tasks
(a) Capable of performing a range of tasks designated in Level 2, at a greater level of experience or higher skill, and requiring only general supervision either in a group or in a team.
(b) Routine non-trade maintenance, which may include oiling, greasing, changing light bulbs.
(c) Newspaper messenger duties, which may include copy collection, delivering author’s proofs to clients.
(d) Operating material handling equipment not requiring certification or a licence.
(e) Grounds work using non-certificate equipment.
(f) General cleaning (including use of cleaning equipment).
A.3.4 Training structure
(a) Employees performing tasks at this level will be undertaking ongoing training to enable them to perform the designated tasks at this level; being provided with industry knowledge as detailed in Level 2 as required; or they will be undertaking training for tasks designated at Level 4.
A.4 Level 4 - Employee - 92.4%
A.4.1 An employee performing tasks at this level will have either completed acceptable training and experience at Level 3, or will be recognised as having the skills necessary to perform the indicative tasks below.
A.4.2 The tasks listed require a degree of responsibility and skill beyond that required of the Level 3 employee.
A.4.3 Indicative tasks
(a) Stores work, handling goods and materials according to appropriate procedures and regulations, maintaining records, periodic housekeeping, stock control including basic use of VDTs.
(b) Operating or driving equipment requiring licensing (e.g. fork lifts, grab trucks, motor vehicles) in connection with stores work, receipt or despatch of goods.
(c) Licensed crane driving operations.
(d) Newspaper production functions under direct supervision:
(i) holding copy for a proof reader;
(ii) publishing tasks such as stacking, wrapping, flying, counting, labelling, underwrapping, marking.
(e) Operating a publisher counter/stacker, wire tier operating.
(f) Assisting on a printing machine under direct supervision: washing up ink ducts, blankets and impression cylinders, reel threading, reel stripping and handling reels, on a web fed press.
(g) Setting up and operating mechanical publishing room equipment under supervision.
(h) Assisting in pre-press functions under direct supervision such as assisting with proofing and filing of pages, filing of negatives.
(i) Monitoring of facsimile machines generating hard copy.
A.4.4 Training structure
(a) Employees performing tasks at this level will be undertaking ongoing training to enable them to perform the designated tasks at this level; will be provided with industry knowledge as detailed in Level 3 as required; or they will be undertaking training for tasks designated at Level 5.
(b) Employees performing tasks at this level may undertake structured training so to enable them to work at Level 5, or have an appropriate certificate of competency so as to enable them to perform tasks at Level 5.
A.5 Level 5 - Employee - 100%
A.5.1 An employee performing tasks in this level will have either completed acceptable training and experience at Level 4, or will be recognised as having the skills necessary to perform the indicative tasks below.
A.5.2 An employee who has completed an approved trade certificate course or has equivalent training, skills and experience to work at this level.
A.5.3 The tasks listed require a degree of responsibility and skill beyond that required of the Level 4 employee.
A.5.4 An employee at this level will work under limited supervision, either individually or as a team, employs quality assurance skills, exercises discretion within the scope of this definition, exercises good interpersonal and communications skills, performs non-trade tasks incidental to the main tasks of this level within the scope of their training, experience and skill.
A.5.5 Indicative tasks
(a) Performing any trade task at a level of trade skill lower than Level 7 commensurate with minimal experience. At the minimum entry trades level, employees will be undertaking specialised training required to perform the selected indicative tasks designated at Level 7 and above.
(b) A storeworker operating a stock-control system or computerised materials handling system under general supervision, licensed to use all materials handling equipment on site.
A.5.6 Training structure
(a) As the minimum entry trades level, employees will receive all necessary specialised training required for equipment in use in the workplace and for selected indicative tasks designated at Level 6 and above.
A.6 Level 6 - Employee - 105%
A.6.1 An employee performing tasks in this level will have either completed acceptable training and experience at Level 5, or will be recognised as having the skills necessary to perform the indicative tasks below.
A.6.2 An employee who has completed an approved trade certificate course or has equivalent training, skills and experience to work at this level.
A.6.3 The tasks listed require a degree of responsibility and skill beyond that required of the Level 5 employee.
A.6.4 Works under general supervision, and is responsible for quality assurance.
A.6.5 Indicative tasks
(a) Level 6 workers will perform more skilled tasks than those required in Level 5. For example:
(i) Sole responsibility for a stores area or operation of a computerised materials handling system.
(ii) Manually designing and creating artwork, including illustrations, to partial completion and performing inclusive tasks at a lower level than Level 7 or 8.
(iii) Routine service of mechanical and electronic systems equipment and routine building maintenance.
A.6.6 Training structure
(a) Employees at this level will have access to ongoing or periodic education and training necessary to update their skills, required for equipment used in the workplace and indicative tasks designated at Level 7 or above.
A.7 Level 7 - Employee - 110%
A.7.1 An employee who has completed an approved trade certificate course or has equivalent training, skills and experience to work at this level.
A.7.2 Employees at this level exercise a degree of initiative and responsibility, commensurate with skill and experience gained, working to general supervision either individually or in a group. In particular employees at this level should provide on-the-job assistance with training and support.
A.7.3 Indicative tasks
(a) Installing, maintaining and repairing machinery, electronic systems or other equipment including engineering, electrical and related work; building maintenance.
(b) Operation of photo-typesetters, laser typesetters and printers, coding and mark-up of copy where necessary, operation of optical character recognition scanner, monitoring of facsimile equipment for the transfer of pages from one site to another.
(c) Operating electronic mono equipment for graphic reproduction, including screening continuous tone photographs, wire photos, preparation of advertising graphics.
(d) Photocomposing, operating visual display terminals, including graphic design, formatting, lay-out, mark-up, paste-up, proof reading, make-up or assembly of pages, cutting overlays for spot colour.
(e) Manually designing and creating artwork to completion including sketching, drawing, tracing, aerographing, air-brushing, retouching of bromides, commercial art, writing (including ticket-writing), lettering, illustrating, copying art work and paste up.
(f) Operating a web fed printing machine producing monochrome or spot colour work.
(g) Performing platemaking for mono or spot colour work including negative retouching, stripping film, masking, imposing, planning direct imaging, exposing, punching, tint laying, developing, finishing, bending and mounting of plates.
A.7.4 Training structure
(a) Employees at this level will have access to ongoing or periodic education and training necessary to update their skills required for equipment in use in the workplace and selected indicative tasks designated at Level 8.
A.8 Level 8 - Employee - 115%
A.8.1 An employee who has completed an approved trade certificate course or has equivalent training, skills and experience to work at this level.
A.8.2 An employee at this level provides trade training level assistance and provides on-the-job training, exercises a degree of initiative and responsibility commensurate with skill and experience gained, working to general supervision either individually or in a group.
A.8.3 Works under limited supervision and is able to perform tasks to the level of training and certification in all areas.
A.8.4 Indicative tasks
(a) Performing platemaking for process colour work including negative retouching, stripping film, cutting overlays, masking, imposing, planning direct imaging, exposing, punching, tint laying, developing, finishing, bending and mounting of plates, operating graphic reproduction equipment.
(b) Designing, creating and assembling final art work or roughs, liaison with customers, preparation of material for marketing of product, using a VDT to produce creative artwork, including text and graphic work.
(c) Using computerised paste-up systems.
(d) Using computerised electronic paste-up systems to create and complete a display advertisement, which includes, without limitation, half tones, art work and text, including process colour separations where necessary.
(e) Operating a web-fed printing machine producing process colour work.
(f) Designing, fabricating, reconfiguring and modifying machinery.
A.8.5 Training structure
(a) Employees at this Level will have access to ongoing or periodic education and training necessary to update their skills required for equipment in use in the workplace
Schedule B—Supported Wage System
[Varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
B.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.
[B.2 varied by PR568050 ppc 01Jul15]
B.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
B.3 Eligibility criteria
B.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.
B.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.
B.4 Supported wage rates
B.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 B.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[B.4.2 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
B.4.2 Provided that the minimum amount payable must be not less than $106 per week.
B.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
B.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.
B.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.
B.6 Lodgement of SWS wage assessment agreement
B.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.
B.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.
B.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.
B.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.
B.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.
B.10 Trial period
B.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.
B.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.
[B.10.3 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
B.10.4 Work trials should include induction or training as appropriate to the job being trialled.
B.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 B.5.
Schedule C—School-based Apprentices
C.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.
C.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.
C.4 For the purposes of clause C.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.
C.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.
C.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.
C.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.
C.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.
C.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.
C.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.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule D—National Training Wage
[Varied by PR567619, PR579947, PR592232, PR606455, PR707569, PR718947, PR729393, PR740818, PR762238, PR774020]
D.1 Title
This is the National Training Wage Schedule.
D.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
D.3 Coverage
D.3.1 Subject to clauses D.3.2 to D.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 D1 to this schedule or by clause D.5.4 of this schedule.
D.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.
D.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
D.4 Types of Traineeship
The following types of traineeship are available under this schedule:
D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
D.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.
[Varied by PR567619, PR579947; substituted by PR592232, PR606455, PR707569, PR707569, PR718947, PR729393, PR740818, PR762238, PR774020 ppc 01Jul24]
D.5.1 Minimum wages for full-time traineeships
Subject to clause D.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 D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
522.20 |
|
Plus 1 year out of school |
439.00 |
522.20 |
607.70 |
|
Plus 2 years out of school |
522.20 |
607.70 |
707.20 |
|
Plus 3 years out of school |
607.70 |
707.20 |
809.70 |
|
Plus 4 years out of school |
707.20 |
809.70 |
|
|
Plus 5 or more years out of school |
809.70 |
|
|
(b) Wage Level B
Subject to clause D.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 D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
585.40 |
|
Plus 2 years out of school |
508.90 |
585.40 |
686.60 |
|
Plus 3 years out of school |
585.40 |
686.60 |
783.00 |
|
Plus 4 years out of school |
686.60 |
783.00 |
|
|
Plus 5 or more years out of school |
783.00 |
|
|
(c) Wage Level C
Subject to clause D.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 D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
575.50 |
|
Plus 2 years out of school |
508.90 |
575.50 |
642.90 |
|
Plus 3 years out of school |
575.50 |
642.90 |
716.10 |
|
Plus 4 years out of school |
642.90 |
716.10 |
|
|
Plus 5 or more years out of school |
716.10 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause D.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 D.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 |
840.40 |
872.30 |
|
Wage level B |
812.80 |
843.70 |
|
Wage level C |
743.40 |
771.50 |
D.5.2 Minimum wages for part-time traineeships
Subject to clauses D.5.2(f) and D.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 D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
17.17 |
|
Plus 1 year out of school |
14.44 |
17.17 |
19.99 |
|
Plus 2 years out of school |
17.17 |
19.99 |
23.26 |
|
Plus 3 years out of school |
19.99 |
23.26 |
26.64 |
|
Plus 4 years out of school |
23.26 |
26.64 |
|
|
Plus 5 or more years out of school |
26.64 |
|
|
(b) Wage Level B
Subject to clauses D.5.2(f) and D.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 D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
19.26 |
|
Plus 2 years out of school |
16.75 |
19.26 |
22.59 |
|
Plus 3 years out of school |
19.26 |
22.59 |
25.76 |
|
Plus 4 years out of school |
22.59 |
25.76 |
|
|
Plus 5 or more years out of school |
25.76 |
|
|
(c) Wage Level C
Subject to clauses D.5.2(f) and D.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 D1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
18.92 |
|
Plus 2 years out of school |
16.75 |
18.92 |
21.15 |
|
Plus 3 years out of school |
18.92 |
21.15 |
23.55 |
|
Plus 4 years out of school |
21.15 |
23.55 |
|
|
Plus 5 or more years out of school |
23.55 |
|
|
(d) School-based traineeships
Subject to clauses D.5.2(f) and D.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 D1 are as follows when the trainee works ordinary hours:
|
Year of schooling |
||
|
Year 11 or lower |
Year 12 |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
|
13.11 |
14.44 |
|
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses D.5.2(f) and D.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 D.5.2(f) and D.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 |
27.65 |
28.69 |
|
Wage level B |
26.74 |
27.75 |
|
Wage level C |
24.45 |
25.38 |
(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 D.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 D.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 D.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
D.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 D1 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.
D.6 Employment conditions
D.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.
D.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.
D.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 D.5.2(f)(ii) and not by this clause.
D.6.4 Subject to clause D.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix D1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
D1.1 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 |
D1.2 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 |
D1.3 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 |
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past and present.