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Metropolitan Newspapers (South Australia and Tasmania) Printing Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777366 and PR778114).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
13—Casual employees
26A—Employee right to disconnect
Table of Contents
[Varied by PR774859, PR778114]
5. Access to the award and the National Employment Standards................................... 7
Part 1—Application and Operation
This award is the Metropolitan Newspapers (South Australia and Tasmania) Printing Award 2015.
2. Commencement and transitional
2.1 This award commences on 15 May 2015.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect.
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.
2.7 No right obligation or liability accrued or incurred under any superseded Metropolitan Newspapers (South Australian and Tasmania) Printing Award will be affected negatively.
3. Definitions and interpretation
[Varied by PR733957, PR774859, PR777366]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship
apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority
[Definition of casual employee inserted by PR733957 from 27Sep21; varied by PR777366 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.
Commission means the Fair Work Commission or any successor organisation
employee means national system employee within the meaning of the Act
[Definition of employee organisation inserted by PR774859 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer or company means Advertiser Newspapers Pty Ltd and Davies Brothers Pty Ltd
[Definition of enterprise inserted by PR774859 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
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 PR774859 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum wage for a Printing Machinist 1 (for Advertiser Newspapers Mile End Site) or Tradesmen (for Davies Brothers and Adelaide City Site) in clause 19, whichever is applicable
Technology Redundancy means a redundancy which arises solely from the introduction of new or updating of existing technology
[Definition of workplace delegate inserted by PR774859 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.
This award is made in the industry of pre-press, camera operators, platemakers, proof readers and revisers, readers’ assistants, mechanics (including motor mechanics) letterpress and rotary machinists, rotary machine cleaners, rewinder operators, guillotine machine cutters, feeders, flyers, publishers, maintenance employees, technicians, cleaners, motor drivers, fork-lift truck drivers, crane drivers, storemen, security people, and employees not otherwise specified being classifications of the industry in or in connection with which the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union is formed.
4.1 This enterprise award covers Advertiser Newspapers Pty Ltd and Davies Bros Pty Ltd and their employees in the industry defined in clause 3.3 to the exclusion of any other modern award.
4.2 The award does not cover an employee excluded from award coverage by the Act.
4.3 This award covers any employer which supplies labour on an on-hire basis in the 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.
4.4 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.
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 employer shall permit a notice board to be erected at each workplace to facilitate communication between employees and/or their union representatives.
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:
(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 PR774859 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774859 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.
8.3 Facilitating on site communications and consultations
At each site covered by this award the employer and representatives of the union or other employee representative, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award which they agree would assist in achieving and maintaining cooperative workplace relations and mutually beneficial work practices.
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. Dispute Resolution Leave and Training Leave
10.1 A delegate and any affected employee(s) must be allowed a reasonable period of paid time off during working hours for the purpose of holding discussions with any duly accredited union officials in relation to the resolution of the dispute, provided that such discussions do not adversely affect normal production.
10.2 Training
(a) A chapel or other employee representative will be entitled to up to five (5) days’ paid training leave each calendar year, non-cumulative, to attend courses conducted by an accredited training provider, approved by the union, which are directed at the enhancement of the operation of dispute settling machinery.
(b) Each chapel or employee representative on dispute settling training leave, in accordance with this clause, shall be paid the classification rate, over award payment and shift loading which otherwise would have been payable.
(c) A chapel or other employee representative will give the employer reasonable notice of his/her intention to attend such a course and the nature, content and duration of the course. The taking of leave will be arranged having regard to the operational requirement of the employer.
(d) All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the union.
(e) Leave of absence granted pursuant to this clause shall count as service for all purposes of the award.
Part 3—Types of Employment and Termination of Employment
[Varied by PR733957]
[11.1 substituted by PR733957 from 27Sep21]
11.1 An employee, other than a casual employee, will be engaged on a weekly basis. Weekly employment may include part-time employment.
11.2 A weekly employee to become entitled to payment of a weekly wage shall perform such work as the employer may from time to time require on the days and during the hours usually worked by such employee; but such work shall be of a similar class to the work usually performed by such employee.
12.1 The employer and an employee who requests part-time employment may agree on a regular pattern of hours where:
(a) the ordinary working hours of the employee is to be less than an average of 38 hours per week (or of 36 hours on night or intermediate shift); and
(b) the employee is not to work in excess of those hours unless paid as overtime, but not less than four consecutive hours per day.
12.2 Such agreement must be in writing and signed by both parties.
12.3 Regular part-time employees will:
(a) be weekly employees;
(b) be paid the applicable penalty rates applicable to full-time workers; and
(c) be entitled to all entitlements under this award on a pro rata basis.
[Varied by PR733957, PR777366]
[13.1 deleted by PR733957 from 27Sep21]
[13.2 renumbered as 13.1 by PR733957 from 27Sep21]
13.1 At the time of engaging a casual employee the employer must advise the employee they are to be employed as a casual.
[13.3 renumbered as 13.2 by PR733957 from 27Sep21]
13.2 A casual employee is entitled, on each period of engagement to the following minimum hours or payment in lieu thereof:
(a) if engaged in the publishing department, three hours of employment; or
(b) if engaged on any other work, four hours of employment.
[13.4 renumbered as 13.3 by PR733957 from 27Sep21]
13.3 A casual employee, other than a casual publishing employee, working on day shift, shall be paid for such work the hourly rate prescribed for such work with the addition of 25% of that rate.
[13.5 renumbered as 13.4 by PR733957 from 27Sep21]
13.4 A casual employee, other than a casual publishing employee, whether working mixed day and night shift, or night shift, or on work extending to not later than 6.00 a.m. Sunday, must be paid for such work the hourly rate prescribed for night work, with the addition of 25% of that rate.
[13.6 renumbered as 13.5 by PR733957 from 27Sep21]
[13.7 renumbered as 13.6 by PR733957 from 27Sep21]
13.6 The rates provided for in clause 13.5 are all inclusive and a casual publishing employee shall not be entitled to any other loading or penalty under this Award, save and except as provided in Schedule A—Davies Brothers Limited.
13.7 Changes to casual employment status
[New 13.7 inserted by PR733957 ppc 27Sep21; renamed and substituted by PR777366 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.
14.1 No department is to be comprised of classifications all of which are staffed by juniors.
14.2 As part of their progression into skills-based career paths, juniors must be given opportunities to become proficient in different classifications of work, and shall be taught higher-skilled work as they progress in the knowledge of their work.
14.3 No employee under the age of eighteen years shall perform work on night shift.
14.5 Clause 14.4 shall not apply where an apprentice or junior is temporarily required to do the work of an employee who is temporarily absent through sickness, or to do the work of an employee who is temporarily absent from their employment without the consent of their employer.
15.1 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.
15.2 Subject to appropriate legislation the employer must not employ an unapprenticed junior in a trade or occupation provided for in this clause.
15.3 Operation of State laws
Any statute and regulation in operation in a state or territory shall apply to the employment of apprentices provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.
15.4 Training packages and trades
(a) Where it is consistent with relevant 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 relevant Industry Skills Council and endorsed by the National Skills Standards Council.
(b) An apprenticeship may be undertaken in any of the following trades:
(i) Graphic pre press;
(ii) Printing machining;
(iii) Machining/fitting;
(iv) Electrician.
15.5 Apprenticeship authority means any relevant Training Authority of a State or Territory.
15.6 In order to undertake trade training in accordance with this award 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.
15.7 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.
15.8 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.
15.9 Apprentices attending technical colleges or schools or registered training organisations or T.A.F.E. and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.
15.10 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.
15.11 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.
(c) Further the period may be varied to such other period as is approved by an apprenticeship authority on the basis of:
(i) an approved competency based training program;
(ii) an approved Graphic Arts Pre Vocational Course.
(d) The time during working hours spent by the apprentice in attending school/classes, including reasonable travel time from work to school/classes and back to work) will be counted as part of the time served under the period of apprenticeship.
15.12 No apprentice under the age of seventeen years will be required to work overtime before 7.00 a.m. or later than 9.00 p.m. on any working day.
15.13 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 may only be employed on day work except where an apprentice is engaged on block release training and who has completed three years block release training and three years of the apprenticeship when the apprentice may be employed on day work or shift work.
(c) 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.
(d) There shall be no deduction in pay for any period of attendance at block release training and the relevant fees are to be paid by the employer (unless paid by the State Government).
15.14 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 15.14(c).
15.15 Wages of apprentices (other than adult apprentices)
The wages payable to an apprentice is to be as set out in clause 20.3.
15.16 Proficiency payments
(a) If the apprentice attains a standard approved by State accredited training provider, the apprentice must receive, in addition to the prescribed weekly wage, a weekly amount calculated based on one of the following percentages of the appropriate rate the for Printing machinist 1/Pre press operator 1 for Adelaide Advertiser or Tradesmen classification for Davies Brothers.
(i) For the first annual examination passed at that standard - 0.86%;
(ii) For the second annual examination passed at that standard, - 1.72%;
(iii) For the third annual examination passed at that standard, - 2.58%.
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.
(b) Where the relevant 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.
(c) Proficiency payments are not payable to adult apprentices.
(d) 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 a reduction in actual rate of pay by virtue of becoming indentured.
(e) Adult apprentice means a person of 21 years or over at the time of entering into an indenture of apprenticeship.
(f) The minimum wages of on adult apprentice, including the wages of probationers for apprenticeship, will be those set out in clause 20.3.
(g) Where an adult apprentice has been adjudged by the Apprenticeship Authority in accordance with the requirements of the State 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.
(h) 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.
(i) An adult apprentice who is engaged on block release training may be employed on day work or shift work.
16.1 The 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.
16.2 The 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.
16.3 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.
17.1 Notice of termination is provided for in the NES.
17.2 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.
17.3 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
18.1 Redundancy pay is provided for in the NES.
18.2 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;
(i) 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;
(ii) entitlements to annual leave in accordance with the relevant industrial award, agreement or statute.
18.3 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.
18.4 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.
18.5 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 17.4.
Part 4—Minimum Wages and Related Matters
Classifications are defined in Schedule B.
[Varied by PR567620, PR579948, PR592233, PR606456, PR707570, PR718948, PR729394, PR740819, PR762239, PR774021]
[20.1 varied by PR567620, PR579948, PR592233, PR606456, PR707570, PR718948, PR729394, PR740819, PR762239, PR774021 ppc 01Jul24]
|
Classification |
Relativity |
Minimum weekly award rate |
|
|
% |
$ |
|
Production assistant 1 |
85 |
934.80 |
|
Production assistant 2 |
92.5 |
980.90 |
|
Publishing operator |
98.5 |
1019.40 |
|
Printing machinist 1 |
100 |
1032.30 |
|
Pre press operator 1 |
100 |
1032.30 |
|
Printing machinist 2 |
105 |
1064.70 |
|
Pre press operator 2 |
105 |
1064.70 |
|
Printing machinist 3 |
110 |
1096.70 |
|
Printing machinist 4 |
120 |
1155.90 |
20.2 Relativities
(a) Davies Brothers and Adelaide City Site - classifications and rates of pay
[20.2(a) varied by PR567620, PR579948, PR592233, PR606456, PR707570, PR718948, PR729394, PR740819, PR762239, PR774021 ppc 01Jul24]
The following classes of employees employed by Davies Brothers, and where indicated the Adelaide Advertiser City site shall be paid the following minimum weekly award rate of payment:
|
Classification |
Relativity |
Award rate |
|
|
% |
$ |
|
Senior technician |
117.4 |
1141.70 |
|
Technician |
111.6 |
1104.50 |
|
Tradesmen |
100 |
1032.30 |
|
Hobart Only |
100 |
1032.30 |
|
Printing electrician |
|
|
|
Printing engineer |
|
|
|
Printing machinist |
|
|
|
Motor mechanic |
|
|
|
Adelaide and Hobart |
100 |
1032.30 |
|
Maintenance tradesperson |
|
|
|
Compositor / Ad builder |
|
|
|
Counter stacker operator |
86.2 |
942.20 |
|
Motor driver |
86.2 |
942.20 |
|
Under wrapper / Wire tyer operator |
85 |
934.80 |
|
Marker and/or Label hand |
85 |
934.80 |
|
Fork-lift or Crane driver (Adelaide and Hobart) |
85 |
934.80 |
|
Proof readers assistant |
84 |
928.70 |
|
Other publishing duties not otherwise specified |
84 |
928.70 |
|
Not otherwise specified |
80 |
903.70 |
(b) The hourly rate of pay for any work performed for which a weekly rate is prescribed in this clause shall be ascertained by dividing the weekly rate by 38 in the case of day work and 36 for intermediate or night shift.
20.3 Apprentice and junior rates of pay
(a) Unapprenticed juniors are to be paid the following percentages of the Printing machinist 1/Pre press operator 1 for Adelaide Advertiser or Tradesmen classification for Davies Brothers:
|
|
% |
|
Under 17 years of age |
50 |
|
Between 17 and 18 years of age |
60 |
|
Between 18 and 19 years of age |
70 |
|
Between 19 and 20 years of age |
80 |
|
Between 20 and 21 years of age |
90 |
(b) Apprentices are to be paid the following percentages of the Printing machinist 1/Pre press operator 1 for Adelaide Advertiser or Tradesmen classification for Davies Brothers:
(i) Apprentices
|
Year of Apprenticeship |
% of relevant Grade 1 Tradesperson rate for non-Year 12 School Leaver |
% of relevant Grade 1 Tradesperson rate for Year 12 School Leaver |
|
Year 1 |
50 |
55 |
|
Year 2 |
60 |
65 |
|
Year 3 |
75 |
75 |
|
Year 4 |
90 |
90 |
(ii) Adult apprentices
|
|
% |
|
First year |
82 |
|
Second year |
87 |
|
Third year |
92 |
|
Fourth year |
100 |
(c) The rates prescribed for juniors and apprentices in this clause shall be calculated to the nearest ten cents, less than five cents to be disregarded.
20.4 Employees engaged in supervisory positions
(a) Employees appointed to supervisory positions by the employer and engaged as such shall be designated by the classifications Foreperson or Supervisor.
(b) In addition to their ordinary trade work they shall have added responsibilities for which they shall receive an extra amount of 9% or 4.5%, respectively, of the Printing machinist 1/Pre press operator 1 day rate, in addition to the rate of their trade classification.
20.5 Maintenance trades
(a) The following maintenance employees must be paid in addition to the minimum wage.
(i) Plumber with a Master Plumbers’ Certificate - 2.64% of the standard rate for Davies Brothers and Adelaide City Site.
(A) Advertiser Newspapers Mile End Site - 3.66% of the standard rate and a further 3.73% of the standard rate on completion of Electronics II; or
(B) Davies Brothers and Adelaide City Site – 3.68% of the standard rate and a further 3.76% of the standard rate on completion of Electronics II.
(iii) The weekly award rates outlined in clauses 20.1 and 20.2(a) include the amounts specified in clause 20.5(a)(ii).
20.6 Supported wage system
See Schedule C.
20.7 School-based apprentices
See Schedule D.
20.8 National training wage
See Schedule E.
[21 varied by PR567620, PR568180, PR579517, PR579948, PR592384, PR592233, PR606456, PR606606, PR704172, PR707570, PR707778, PR718948, PR719100, PR729394, PR729574, PR740819, PR740979, PR750881, PR762239, PR762411, PR774021, PR774189]
21.1 Employee missing usual conveyance
(b) This clause does not apply if the employer provides such suitable transport or conveys the employee to or from their employment, as the case may be, in a suitable manner without delay.
(c) This clause does not apply where an employee is employed for more than two consecutive weeks in the circumstances described in clause 21.1(a).
21.2 First aid allowance
First Aid attendants are to be paid an allowance of 1.51% of the standard rate for Advertiser Newspapers Mile End Site per week for all purposes of the Award or 1.57% of the standard rate for Davies Brothers and Adelaide City Site per week for all purposes of the Award.
21.3 Meal allowance
[21.3 varied by PR568180, PR579517, PR592384, PR606606, PR704172, PR707778, PR719100, PR729574, PR740979, PR762411, PR774189 ppc 01Jul24]
Where overtime in excess of one hour is worked by an employee $17.32 is to be paid as an allowance for tea money. The same allowance shall be paid for each meal reasonably occurring during such overtime work.
21.4 Tool allowance
(a) This clause shall apply to electricians, engineers and mechanics.
(b) The employer shall reimburse each of the employees referred to in this clause for the cost of a basic kit of tools to enable that employee to efficiently perform their work.
(c) This subclause does not apply if the employer provides the employee at no cost with the relevant tools.
(d) As a tool becomes worn out, broken or inefficient the employer shall reimburse an employee for the cost of replacing such tool.
(e) This subclause does not apply if the employer replaces the tool at no cost to the employee.
(f) On termination of service the employee shall return to the employer the basic kit of tools given to them as a result of this clause.
21.5 Protective clothing
(a) The employer will reimburse employees for the purchase of appropriate protective clothing in accordance with this clause. This clause will not apply where the employer provides the appropriate protective clothing.
(b) The employer will reimburse an employee for the cost of laundering one pair of overalls per week for weekly employees who spend a majority of their working time in the press room. This subclause does not apply if the employer arranges the laundering at no cost to the employee.
21.6 VDT Operator eye tests and glasses
(a) The employer shall reimburse an employee engaged as a VDT Operator for the cost of initial eye tests, unless the employer itself arranges for or pays for the cost of such test.
(b) The employer will, in the event of glasses being required for use by the employee to operate a VDT, reimburse the difference between the cost of glasses and the medical benefits refund.
(a) A run shall mean the distance measured from the garage back to the garage travelled on any journey by a driver of a motor vehicle.
[21.7(c) varied by PR567620, PR579948, PR592233, PR606456, PR707570, PR718948, PR729394, PR740819; substituted by PR750881 ppc 15Mar23; varied by PR762239, PR774021 ppc 01Jul24]
(c) A motor driver subject to the provisions of clause 21.7(b) will be reimbursed by their employer the reasonable cost of hotel accommodation and meals, unless the employer arranges and meets the cost of these expenses, and will be paid in addition to all other payments due to them under this award an amount of $1.38 for each stop made for rest as prescribed by clause 21.7(b). The amount of this allowance is 0.134% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.
(d) Except in an emergency no junior shall be employed on runs of 640 kilometres or over and they shall be employed only on a day work. A junior shall not be placed in charge of a vehicle either alone or in company with another employee while an adult driver is available. For the purpose of this award a junior who has passed their twentieth birthday shall be classed as an adult and shall be subject to the provisions of this clause as though they were an adult.
(e) In the event of an adult driver not being required to drive during their shift they shall not suffer a reduction of wage for that shift.
21.8 Automatic adjustment of wage-related allowances
[New 21.8 inserted by PR750881 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.
21.9 Adjustment of expense related allowances
[21.8 renumbered as 21.9 by PR750881 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 |
22.1 Subject to clause 22.2, 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.
22.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
22.4 This clause ceases to operate on 31 December 2014.
Where during any day an employee is employed on work requiring the performance of functions involving different rates of wage prescribed by this award the minimum rate of wage to be paid to the employee for that day shall be calculated as if the employee performed such only of the said functions as involved the highest rate of wage. This clause shall not apply to printing machine workers who for brief periods during the running time of the machine perform mixed functions.
24.1 All wages will be paid weekly by electronic transfer of funds into an account(s) nominated by the employee with a bank or financial institution recognised by the Company.
24.2 Upon termination of employment all monies owing to an employee will be paid on the day of termination or no later than the next pay day.
24.3 The Company will make special arrangements with an employee(s), as required, in the event that unusual circumstances delay payment to an unreasonable extent
[Varied by PR771406]
25.1 Superannuation legislation
[25.1 substituted by PR771406 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 25 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
25.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 25.3(a) or (b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 25.3(a) or (b) was made.
25.4 Superannuation fund
[25.4 varied by PR771406 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 25.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 25.2 and pay any amount authorised under clauses 25.3(a) and 25.3(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.
25.5 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.
25.6 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 25.2 and pay the amount authorised under clauses 25.3(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
26. Ordinary hours of work and rostering
(d) The employer, after consultation with the Chapel or the majority of employees, may subject to clause 26.1(a), fix the starting time of each shift and the number and type of employees on each shift in an establishment. A change shall not be made concerning any provision of this clause without prior consultation with the Chapel or the majority of employees and without at least seven days’ notice of the intended change to the employees concerned.
(d) The employer, after consultation with the Chapel or the majority of employees may, subject to clauses 26.2(a) and (b), fix the starting time of each shift and the number and type of employees on each shift in an establishment. A change shall not be made concerning any provision of this clause without prior consultation with the Chapel or the majority of employees and without at least seven days’ notice of the intended change to the employees concerned.
(e) Subject to clause 23 - Higher duties, on any day when the hours of any night shift overlap the day shift hours, the night shift wage shall continue to be paid for such hours that overlap the day shift hours.
26.3 Hours for intermediate shift work
(a) An intermediate shift is work commencing on or after midday and concludes not later than 11.00 p.m.
(b) The ordinary hours of duty of employees on intermediate shift work shall not exceed 36 hours per week to be worked in not more than five shifts in spells not together exceeding eight hours per day or on any one day a spell of not less than six hours per day on Sunday to Saturday inclusive.
(d) An employee required to work on Sunday as part of their working week in accordance with this clause shall be paid double time for all work prior to 5.00 p.m. and ordinary time for all remaining hours of the shift after 5.00 p.m.
(e) The employer, after consultation with the Chapel or the majority of employees may, subject to this clause fix the starting time of the intermediate shift. A change shall not be made concerning the application of any provision of this clause without prior consultation with the Chapel or the majority of employees and without at least seven days’ notice of the intended change to the employees concerned.
26A. Employee right to disconnect
[26A inserted by PR778114 from 26Aug24]
26A.1 Clause 26A 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.
26A.2 Clause 26A 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.
26A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
26A.4 Clause 26A.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 30—Call back.
27.1 Meal breaks
(a) The time allowance for meals shall be such as may be mutually arranged between each employer and the employees.
(b) The time for taking usual meal breaks shall be determined by the employer and may be varied on an irregular basis by the employer in accordance with the demands of the workload, provided that such variation shall not be effected in circumstances where the employee has an existing commitment that prevents the meal period being varied.
(c) No employee shall be compelled to break shift except for meals, and a shift shall not exceed five hours without a break for meals, provided that where the work can be completed within 60 minutes in excess of such five hours employees shall not be required to break shift for a meal, but in the event of such work not being completed within the said 60 minutes the employees shall break shift for a meal.
28. Overtime and penalty rates
[Varied by PR568180, PR579517, PR592384, PR606606, PR704172, PR707778, PR719100, PR729574, PR740979, PR762411, PR774189]
(a) Subject to this clause an employer may require an employee to work reasonable overtime at overtime rates such employee will work overtime in accordance with such requirements.
(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.
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.
28.2 Other than pre-shift overtime
(a) Subject to clause 28.1, all work done by an employee in excess of or outside the hours mentioned in clause 26 or in excess of the hours of the prescribed shift shall be overtime, and shall be paid for at the rate of time and a half for the first two hours of any one shift, and double time thereafter.
(b) Subject to clause 31 - Rosters, an employee required to work more than five consecutive shifts within a working week, Sunday to Saturday inclusive, without a clear interval of 32 hours, shall be paid double time therefore for all work performed by them after the fifth shift, with a minimum of six hours work or payment therefore, provided that this subclause shall not apply where shifts are being changed, or to a case where it is necessary for an employee to work in the place of an employee who is absent through sickness.
(c) Subject to clause 28.2(b) and provided that they have been warned on their previous shift that they will be required to work, an employee who is required to work on their rostered night off or their rostered day off, as the case may be, shall be paid for such shift double time or double rate for all time worked with a minimum of six hours.
28.3 Pre-shift overtime
The provision of this subclause and clause 28.4 shall apply exclusively to the appropriate payment to be made by the employer to the employee when such employee works pre-shift overtime, i.e. overtime work prior to commencing work at their ordinary starting time.
28.4 Applying in all offices (other than for the production of the Sunday Mail)
(a) In the event of the employee having been warned on or prior to their previous shift that they are required to work pre-shift overtime and they be paid for such overtime pursuant to the provisions of clause 28.2(a).
(b) In the event of the employee not having been warned on or prior to their previous shift that they are required to work pre-shift overtime and at the direction of the employer they report for pre-shift overtime and works such overtime, they shall be paid a bonus of two hours at double time or double rate and, in addition, they shall be paid for such overtime pursuant to the provision of clause 28.2(a).
(c) In the event of an employee employed on night work being required to perform pre-shift overtime and they work such overtime:
(i) If such overtime is of two hours or more, they shall complete that overtime work at and not prior to 5.00 p.m. The non-working time from 5.00 p.m. to the commencement of their ordinary starting time on night work shall be reckoned as a meal break; and
(ii) Such overtime is of less than two hours they shall perform that work immediately prior to the commencement of their ordinary starting time on night work but prior to the commencement of their ordinary starting time on night work facilities shall be placed at their disposal to partake of refreshment without loss of pay. The ordinary meal period of that employee fixed pursuant to clause 31 of this award shall apply without regard to the period of pre-shift overtime worked.
[28.4(d) varied by PR568180, PR579517, PR592384, PR606606, PR704172, PR707778, PR719100, PR729574, PR740979, PR762411, PR774189 ppc 01Jul24]
(d) In the event of an employee working pre-shift overtime in excess of one hour and not having had the opportunity to return to their home for a meal prior to the commencement of their ordinary starting time on night work, they shall be paid $21.05 as an allowance for tea money.
28.5 Applying for work on a Saturday or Sunday
(a) Where the employee has been warned on or prior to their previous shift that they are required to work pre-shift overtime on a Saturday or Sunday and they work such overtime, the employee shall be paid for such work at the rate of double time.
(b) Where the employee has not been warned on or prior to their previous shift that they are required to work pre-shift overtime on a Saturday or Sunday and they work such overtime the employee shall be paid for such work pursuant to clause 30 of this Award.
(c) Subject to clauses 26 - Hours of work and 31 - Rosters, double time shall be paid for all work done on Saturday or Sunday after the rostered finishing time of an employee in excess of the weekly hours prescribed by this award.
28.6 Ten-hour break
(a) An employee shall be entitled to and be granted a break of at least ten hours between the time of finishing work and the time when next commencing work, and no deductions shall be made from their pay because of any time lost by reason of such break.
(b) Where the employee is required by the employer to work before completing the break of ten hours they shall be paid double time or double rate for all time worked until they shall have had a break of at least ten hours
29. Penalties for night work and intermediate shift
29.1 A weekly employee (adult or junior), if employed on other than day work shall, in addition to their day work wage, be paid if employed on:
(a) An intermediate shift, 20% of the Printing machinist 1/Pre press operator 1 for Adelaide Advertiser or Tradesmen classification for Davies Brothers.
(b) Night shift 17.5% of the Printing machinist 1/Pre press operator 1 for Adelaide Advertiser or Tradesmen classification for Davies Brothers.
29.2 An employee referred to in this clause shall be paid the full shift allowance for the week where the greater part of the week has been worked on that shift. In the event of an employee working for less than the majority of a week they must be paid pro rata for the shift worked.
29.3 Weekend penalty for shift workers
(a) Except as provided in clauses 26.1(b), 26.1(c), 26.2(b), 26.2(c) and 26.3(c), all ordinary time worked on a shift, the major portion of which is worked between the hours of midnight Friday and midnight Sunday shall receive a penalty of 25% of the employee’s day classification rate for that shift. This penalty payment shall be calculated separately and will not apply for any other purpose.
(b) Weekend penalty shall not be paid on Saturday and Sunday shifts attracting penalty payment for the majority of the shift in accordance with clauses 26.1(b), 26.1(c), 26.2(b), 26.2(c) and 26.3(c).
30.1 When an employee is called back to perform work at a time when they would not ordinarily be at work and the employee has not been notified prior to their last finishing work that they would be so called back, such call back shall be a call for all purposes of this award.
30.2 Except as otherwise provided in clause 30.4 an employee called back shall be paid two hours at double time for such “call” and, in addition, shall be paid as provided in clause 30.3.
(a) left their place of residence be paid as if they had in fact started work;
(b) not left their place or residence, be paid two hours at double time.
31. Rosters
31.1 A roster of shifts to be worked in each department of a respondent employer’s premises shall be compiled one week prior to the commencement of the shift after consultation between representatives of the employer and the Chapel or other employee representative, save and except for the production of the Sunday Mail so far as the press room, publishing and store are concerned, the requirement to be rostered on the Saturday will depend on the size of the Sunday Mail. Such roster shall indicate to each employee the shifts they are required to work in each week.
31.2 The working hours of each shift of each office and the roster are to be displayed in each work-room
31.3 Employees with an expectation of regular rosters will be entitled to be consulted prior to any changes as per clause 8.2—Consultation about changes to rosters or hours of work.
Part 6—Leave and Public Holidays
32. Annual leave and public holidays
32.1 Annual leave and public holidays are provided for in the NES. This clause supplements the entitlements in the NES.
32.2 A weekly employee shall be entitled to accrue six weeks and three days as annual leave on full pay per year of service. This entitlement is inclusive of the NES entitlement. The period of six weeks and three days may be divided into not more than two periods, the lesser period to be of not fewer than fourteen consecutive days. The two periods referred to in this subclause shall be separated by six months whenever practicable.
32.3 Notwithstanding the above if the employer and an employee so agree the annual leave period may be taken in more than two separate periods including up to a maximum of ten single days. However one period of annual leave must be no fewer than fourteen consecutive days.
32.4 The three days of annual leave in addition to six weeks may where practicable be taken concurrently with the annual leave of six weeks prescribed in this subclause or at a time mutually agreed upon between the employer and the employee.
(a) During a period of annual leave an employee on other than shift work shall, in addition to the wages prescribed in clause 32.2, receive a loading of 17.5% of their classification wage as specified in Part 4—Minimum Wages and Related Matters as is appropriate, unless the employee was being paid a higher wage when it shall be calculated on that higher wage. A wage shall not be so computed as to include overtime.
(b) Where an employee is employed on night shift work pursuant to clause 26.2 or intermediate shift work pursuant to clause 26.3, they must be paid a loading of 17.5% of their rate of wage including penalty payments for work on night shift or intermediate shift as the case may be. The entitlement to such loading must be calculated pro rata on the shifts worked during the entitlement period.
32.6 Taking annual leave
(a) The period of six weeks and three days however taken must include Saturdays, Sundays and public holidays other than Christmas Day or Good Friday occurring within the period.
(b) The period of annual leave whether taken in one or two periods shall be arranged between the employer, the employee and if requested by the employee, the chapel at such time as the employer deems convenient. The employer may, at its option, allow an employee to take such annual leave before leave has accrued.
32.7 Payment on termination
On termination an employee shall be paid out all annual leave entitlements that have accrued at the rate prescribed by clause 32.5.
32.8 Good Friday and Christmas Day
An employee required to work a shift on the production of an edition issued on Good Friday or Christmas Day shall be paid double time or double rates therefore; or at the option of the employer shall, in respect of each shift worked, be allowed one day’s leave of absence on full pay, in addition to, and at the same time that they take annual leave, or at a mutually convenient time.
33. Personal/carer’s leave and compassionate leave
33.1 Personal/carer’s leave and compassionate leave are provided for in the NES. This clause supplements the entitlements in the NES.
33.2 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:
(a) Full pay: For the first four weeks.
(b) Half pay: For the next four weeks.
(c) 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.
33.3 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.
33.4 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:
(b) The number of days accumulated leave available to the employee at any time shall be calculated to the nearest whole number.
33.5 When on personal/carer’s leave, employees will be paid at their ordinary weekly rate.
33.6 Additional personal/carer’s leave
By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes of caring for an immediate family member as defined in the NES. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
33.7 Evidence supporting claim
(a) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
(b) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
Community service leave is provided for in the NES.
Parental leave is provided for in the NES.
Schedule A—Davies Brothers Limited
A.1 This Schedule applies to Davies Brothers Limited and is to be read in conjunction with this award, except where there is an inconsistency with another provision of this award this schedule will prevail.
A.2 The following is to apply at Davies Brothers Limited:
A.2.2 The work to be performed is not confined to any publication and includes all work.
A.2.4 In addition for the work performed referred to in sub-clause A.2.3 above the night work allowance as regulated by clause 29—Penalties for night work and intermediate shift, shall be paid.
A.2.5 For the purpose of clause A.2.1 hereof the term 'abnormal hours' means the hours worked between 6.30 p.m. on a Saturday and 6.00 a.m.
B.1 Classifications and rates of pay
B.1.1 The award reflects a graded structure with definitions. There is progression through the grades dependent upon acquisition of additional skills.
B.1.2 Press crews are responsible for press maintenance, clean up, start up etc. There is also agreement for redeployment of press crews to assist with problems on other presses, carry out press maintenance, press clean up, start up, reel preparation and loading on other press lines. The press crews who have been trained in platemaking may also make plates in the case of an emergency. The same flexible redeployment principles apply to the publishing area crewing on ferag equipment.
B.1.3 Printing machinists
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service or has the equivalent to trade qualification in rotary web fed Lithographic printing machining.
(c) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2 has successfully completed at least 50% of a T.A.F.E. accredited post-trade course, or Advanced Certificate, in printing machining equivalent to at least two years part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks, or in undertaking on-site training on computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.
(d) Grade 4
A tradesperson, who in addition to being able to carry out the duties specified for Grade 1, 2 and 3, has successfully completed all the requirements for the award of a T.A.F.E. accredited post-trade, or Advanced Certificate course in printing machining at least equivalent to two years part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work; or who has successfully completed on-site training in the functions and operations of computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.
B.1.4 Mechanical trades
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months’ satisfactory service.
(c) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2, has successfully completed at least 50% of a T.A.F.E. accredited post-trade course, or Advanced Certificate, in fluid power, equivalent to at least two years’ part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks as those covered by the above course.
(d) Grade 4
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2 and 3, has successfully completed all the requirements for the award of a T.A.F.E. accredited post-trade course, or Advanced Certificate, in fluid power, equivalent to at least two years’ part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work.
(e) Grade 5
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2 3 and 4, has successfully completed at least 75% of an approved T.A.F.E. Associate Diploma in Engineering (Mechanical), or an accredited equivalent, including electives in fluid power (hydraulics and pneumatics) at this level, and who is required to carry out this class of work and who demonstrates over a period of not more than three months an ability to do so.
B.1.5 Electrical trades
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months’ satisfactory service.
(c) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2, has successfully completed at least 50% of a T.A.F.E. accredited post-trade course, or Advanced Certificate, in electronics, equivalent to at least two years’ part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks as those covered by the above course.
(d) Grade 4
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2 and 3, has successfully completed all the requirements for the award of a T.A.F.E. accredited post-trade course, or Advanced Certificate, in electronics, equivalent to at least two years’ part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work.
(e) Grade 5
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2, 3 and 4, has successfully completed at least 75% of an approved T.A.F.E. Associate Diploma in Engineering (Electrical or Electronics), or an accredited equivalent, including electives in programmable controllers and variable speed drives at this level, and who is required to carry out this class of work and who demonstrates over a period of not more than three months an ability to do so.
B.1.6 Pre-press operators (platemaking)
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service.
B.1.7 Production assistants
(a) Production assistants may be deployed in any non-trades area requiring assistance.
(b) Production assistant 1
A person to be trained in all aspects of non-trades duties including reel preparation, automatic and manual reel handling, reel rewinding, loading and unloading of pallets, mechanical lifting (other than fork-lift), general assistance and housekeeping duties including machine room cleaning to all departments as requested.
(c) Production assistant 2
A person who after three months employment is capable of carrying out all the duties in Production assistant 1 and who may hold a current license to operate a fork-lift and/or current rigging and scaffolding certificate and/or current crane chasers certificate.
(d) Publishing operators
A person trained to operate and adjust all publishing room equipment, and when necessary direct other employees in the efficient operation of the equipment, where such other employees are employees working at a classification below Publishing operator.
Schedule C—Supported Wage System
[Varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
[C.2 Varied by PR568050 ppc 01Jul15]
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause C.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the 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.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—School-based Apprentices
D.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.
D.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.
D.4 For the purposes of clause D.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.
D.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.
D.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.
D.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.
D.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.
D.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.
D.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.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule E—National Training Wage
[Varied by PR567620, PR579948, PR592233, PR606456, PR707570, PR718948, PR729394, PR740819, PR762239, PR774021]
E.1 Title
This is the National Training Wage Schedule.
E.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
E.3 Coverage
E.3.1 Subject to clauses E.3.2 to E.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 E1 to this schedule or by clause E.5.4 of this schedule.
E.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.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of Traineeship
The following types of traineeship are available under this schedule:
E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
E.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.
E.5 Minimum Wages
[E.5 substituted by PR567620, PR579948, PR592233, PR606456, PR707570, PR718948, PR729394, PR740819, PR762239, PR774021 ppc 01Jul24]
E.5.1 Minimum wages for full-time traineeships
(a) Wage Level A
Subject to clause E.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 E1 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 E.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 E1 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 E.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 E1 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 E.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 E.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 |
E.5.2 Minimum wages for part-time traineeships
Subject to clauses E.5.2(f) and E.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 E1 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 E.5.2(f) and E.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 E1 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 E.5.2(f) and E.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 E1 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 E.5.2(f) and E.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 E1 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 E.5.2(f) and E.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 E.5.2(f) and E.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 E.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 E.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 E.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
E.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 E1 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.
E.6 Employment conditions
E.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.
E.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.
E.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 E.5.2(f)(ii) and not by this clause.
E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix E1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
E1.1 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 |
E1.2 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 |
E1.3 Wage Level C
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I |
|
Conservation and Land Management |
I |
|
Funeral Services |
I |
|
Music |
I |
|
Racing Industry |
I |
|
Rural Production |
I |
|
Seafood Industry |
I |
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