FWO - external award viewer · Library

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 The making of this award is not 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, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

3. Definitions and interpretation

[Varied by PR733976, PR774866, PR777372]

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of casual employee inserted by PR733976 from 27Sep21; varied by PR777372 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.

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

[Definition of employee organisation inserted by PR774866 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employer means Viterra Operations Pty Ltd

[Definition of enterprise inserted by PR774866 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

bulk handling and storage of grains, pulses and minerals means the receival, bulk commodity movement, grading, blending, cleaning, hygiene management, pest control of grain, pulses and minerals, and ancillary activities such as:

(a) supply chain movements of any or all of the above commodities utilising road, rail, ship and the industry purpose built equipment;

(b) the receipting, grading, pricing and stock management of any or all of the above commodities; and

(c) the cleaning and sanitising of tools, equipment and machinery used to transfer/ship any or all of the above commodities

managerial employees means employees classified as managers, Operations Manager, Operations Coordinators, Regional Managers, Supervisors

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

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of small business employer inserted by PR774866 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard hourly rate means 1/38^th of the standard rate

standard rate means the minimum wage for Level 4 in clause 14

Skills Based Career Path means Schedule D of this award

[Definition of workplace delegate inserted by PR774866 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

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

4. Coverage

[Varied by PR743472]

4.1 This award covers the employer throughout Australia and its employees employed in bulk handling and storage of grains, pulses and minerals at any of the employer’s bulk handling terminals and country sites and depots or persons engaged in the maintenance of the employer’s bulk handling grain installations.

[4.2 varied by PR743472 ppc 11Jul22]

4.2 This Award does not cover employees at bulk loading plants who would otherwise be covered by the Stevedoring Industry Award 2020.

4.3 This award does not apply to employees who have not traditionally been covered by the award, including managerial employees and all other salaried employees, employed by the employer.

4.4 The award does not cover an employee excluded from award coverage by the Act.

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 notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, the employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(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 If the employer seeks to enter into an agreement, it must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the 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 PR774866 from 01Jul24]

7A. Workplace delegates’ rights

[7A inserted by PR774866 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. Consultation regarding major workplace change

8.1 Employer to notify

(a) Where the 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.

(b) 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; the restructuring of jobs; and changes to the award’s classification structure. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, 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.

(b) 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.

(c) 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.

8.3 Roster changes

(a) If the employer proposes to introduce a change to the regular roster or ordinary hours of work of employees:

(i) the employer must notify the relevant employees of the proposed change; and

(ii) subclauses 8.3(b) to (f) apply.

(b) The relevant employees may appoint a representative for the purposes of the procedures in this term.

(c) If:

(i) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(ii) the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

(d) As soon as practicable after proposing to introduce the change, the employer must:

(i) discuss with the relevant employees the introduction of the change; and

(ii) for the purposes of the discussion—provide to the relevant employees:

(A) all relevant information about the change, including the nature of the change; and

(B) information about what the employer reasonably believes will be the effects of the change on the employees; and

(C) information about any other matters that the employer reasonably believes are likely to affect the employees; and

(iii) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

(e) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

(f) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.

(g) In this term:

relevant employees means the employees who may be affected by a change referred to in subclause 8.3(a).

9. Dispute resolution

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 or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution 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.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

[Varied by PR733976, PR777372]

All employees covered by this award shall be employed on either a full-time, part-time or casual basis as follows:

10.1 Full-time employees

The ordinary hours of full-time employees are 38 per week.

10.2 Part-time employees

(a) A part-time employee:

(i) works less than full-time hours of 38 ordinary hours per week;

(ii) has reasonably predictable hours of work or a minimum guaranteed annual income; and

(iii) receives, on a pro-rata basis, equivalent pay and conditions to full-time employees in the same classification.

(b) On engagement, part-time employees shall be notified in writing of:

(i) the range of ordinary hours to be worked each week or a minimum guaranteed annual income;

(ii) the days of the week on which work is to be performed or the period of the minimum guarantee.

(c) Part-time employees must be engaged for a minimum of four hours on any day.

10.3 Casual employees

[10.3 varied by PR733976 from 27Sep21]

Casual employees must be paid a loading of 25% in addition to the relevant minimum wage in clause 14. This loading is instead of the leave to which full-time employees are entitled to under the NES and this award. A casual employee must be engaged for a minimum of four hours on any day.

10.4 Changes to casual employment status

[10.4 inserted by PR733976 ppc 27Sep21; renamed and substituted by PR777372 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.

11. Termination of employment

11.1 Subject to clause 12.3, notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

The notice of termination required to be given by an employee is as follows:

Period of continuous service	Period of notice
Not more than 1 year	At least 1 week
More than 1 year	At least 2 weeks

or the employee will forfeit the wages appropriate to the notice period.

11.3 Job search entitlement

Where the 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.

11.4 Statement of employment

At the employee’s request, the employer must provide to an employee whose employment has been terminated a written statement specifying the period of the employee’s employment and the classification of, or the type of, work performed by the employee.

12. Redundancy

12.1 Discussion before redundancy

(a) Where an employer has made a firm decision that the employer no longer requires the job the employees have been doing by anyone, and that decision may lead to termination of employment, the employer must have discussions, as soon as practicable, with the employees directly affected and their representative. Discussions must include:

(i) the reasons for the proposed terminations;

(ii) measures to avoid or minimise the terminations; and

(iii) measures to mitigate the adverse effects of any terminations on the employees concerned.

(b) For the purpose of such discussion the employer must, as soon as practicable, provide in writing to the employees concerned and their representative, all relevant information about the proposed terminations, including:

(i) the reasons for the proposed terminations;

(ii) the number and categories of employees likely to be affected;

(iii) the number of workers normally employed; and

(iv) the period over which the terminations are likely to be carried out.

(c) The employer is not required to disclose confidential information the disclosure of which, when looked at objectively, would be against the employer’s interests.

12.2 Redundancy pay

Redundancy pay is provided for in the NES.

12.3 Redundancy due to automation or other like technological changes

Employees to whom notification of termination of service is to be given on account of the introduction or proposed introduction by the employer of automation or other like technological changes, in the industry in relation to which the employer is engaged, must be given not less than three months’ notice of termination.

12.4 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.5 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

12.6 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of clause 11.3 where an employee is given notice of termination in circumstances of redundancy.

Part 4—Minimum Wages and Related Matters

13. Classifications

13.1 The classifications provided for in this award are defined in Schedule C. All classifications are assessed in accordance with the Skills Based Career Path as defined in Schedule D.

13.2 The classifications set out in Schedule C and Schedule D—Skills Based Career Path will be reviewed by the employer every four years. The first four yearly review commenced in 2014. As part of this review process, the employer will consult with its employees and their representatives.

14. Minimum wages

[Varied by PR579962, PR592238, PR606462, PR707577, PR718954, PR729401, PR740825, PR762245, PR774027]

14.1 The minimum wages for ordinary hours worked by an employee will be:

[14.1 substituted by PR579962; varied by PR592238, PR606462, PR707577, PR718954, PR729401, PR740825, PR762245, PR774027 ppc 01Jul24]

Classification	$ per week
Level 1	942.20
Level 2	964.50
Level 3	1001.60
Level 4	1061.70
Level 5	1094.60

14.2 Supported wage system

[14.1 renumbered as 14.2 by PR579962 ppc 01Jul16]

See Schedule A.

14.3 School-based apprentices

[14.2 renumbered as 14.3 by PR579962 ppc 01Jul16]

See Schedule B.

15. Allowances

[Varied by PR579742, PR592388, PR606612, PR704229, PR707788, PR719106, PR729580, PR740984, PR750886, PR762412, PR774195]

15.1 Industry allowance

(a) Terminals

Each employee at a terminal in addition to the rates prescribed elsewhere in this Award shall be paid an industry allowance of 4.03% of the standard rate per week to compensate for the exposure to dust and noxious substances and all other disabilities associated with work in the receivals, storage, containerising and dispatching of all types of grain, minerals and sands. The allowance will be paid when any overtime is worked at the rate of 4% of the standard hourly rate per hour or part thereof.

(b) Country

For general hands engaged at country silos, an allowance of 4% of the standard hourly rate in respect of all hours worked will be paid to an employee whilst working in unusually dusty conditions.

15.2 Leading hand

(a) An employee appointed by the employer as a leading hand will be paid an allowance of 2.82% of the standard rate per week provided that where an employee is required to and does perform the work of a leading hand during ordinary hours, or during shiftwork for four hours or less in one day, the employee will be paid for four hours at the leading hand’s rate.

(b) Where an employee is required to and does perform the work of a leading hand during ordinary hours, or during shiftwork for a period in excess of four hours in any one day, all time worked in ordinary hours will be paid for at the leading hand’s rate.

(c) Where an employee working overtime is required to and does perform the work of a leading hand the employee will be paid the leading hand’s rate for all overtime worked on that day.

(d) In calculating overtime for an employee who is required to and does perform the work of a leading hand, the rate of pay will be calculated on the basis of: (employee's minimum wage in clause 14 x overtime loading) + (employee's minimum wage in clause 14 x 2.82% pursuant to clause 15.2(a)).

15.3 Automatic adjustment of wage-related allowances

[New 15.3 inserted by PR750886 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.

15.4 Meal allowance and adjustment

[15.3 renumbered as 15.4 by PR750886 ppc 15Mar23]

[15.3(a) varied by PR579742, PR592388, PR606612, PR704229, PR707788, PR719106, PR729580, PR740984; 15.4(a) varied by PR762412, PR774195 ppc 01Jul24]

(a) An employee required to work overtime for more than 2 hours without being notified on the previous day or earlier that he/she will be so required to work shall be either supplied with a meal by the employer or be paid a meal allowance of $20.08 for the first meal then $20.08 for the second meal occurring during such overtime period. Such payment need not be made to employees living in the same locality as the company’s installation who can reasonably return home for meals.

(b) At the time of any adjustment to the standard rate, the meal allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the take away and fast foods sub-group consumer price index figure most recently published by the Australian Bureau of Statistics (Cat No. 6401.0) since the allowance was last adjusted.

16. Special rates for public holidays and Sundays

Double time and a half will be the rate for all work performed on a Sunday or any public holiday.

17. Payment of wages

17.1 Wages will be paid weekly.

17.2 Payment may be made by direct transfer into an employee’s bank account or other recognised financial institution provided that payment will be made into two separate accounts if requested by the employee.

18. Superannuation

[Varied by PR743367, PR771412; corrected by PR772950]

18.1 Superannuation legislation

[18.1 substituted by PR771412 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 18 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.

18.2 Employer contribution

The employer will 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 the Superannuation Guarantee Charge Act 1992 (Cth) in relation to that employee.

18.3 Superannuation fund

[18.3 renamed and substituted by PR771412; corrected by PR772950 ppc 09Apr24]

(a) Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 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:

(i) a fund that relates to the employer and is on the Schedule of Approved Employer MySuper Products;

(ii) a fund in relation to which the employee is a defined benefit member;

(iii) a fund that is an exempt public sector superannuation scheme;

(iv) a fund that is a public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth) and a law of a State requires the employer to make contributions to for the benefit of the employee; or

(v) a fund in relation to which a transitional authorisation is under operation.

(b) If none of the funds in clause 18.3(a)(i) to 18.3(a)(v) apply, then the employer will make contributions to

(i) Hostplus; or

(ii) Mercer Super Trust; sub-plan VA Super Plan.

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

Maximum weekly hours and request for flexible working arrangements are provided for in the NES.

19.1 Ordinary hours of work (other than shiftworkers)

(a) The ordinary hours for a week’s work shall be 38 except in the case of any week in which a public holiday occurs. In any such week, the ordinary hours of work will be reduced by the number of hours regarded as an ordinary day’s work for any day in which the said holidays occur.

(b) Unless otherwise agreed upon between the employer and the majority of the employees concerned at a particular installation of the employer, the ordinary hours of work shall be from 8.00 am to 5.00 pm Monday to Friday, inclusive.

(c) An employee required to work on a public holiday must be paid for a minimum of four hours’ work.

(d) Should the employer wish to vary the established ordinary hours of work:

(i) it will first notify the employees of the variations sought;

(ii) a conference involving the employer and the employees will be held for the purpose of establishing mutual agreement on hours of work;

(iii) if agreement is not reached the existing established hours of work will remain. The employer may refer the matter to the Fair Work Commission.

(e) In clause 19.1(d), the established ordinary hours of work mean any hours worked previously as ordinary hours at the particular terminal.

(f) Except as provided in clauses 19.1(h) and 19.1(i), the method of implementation of the 38 hour week may be any one of the following:

(i) by employees working less than 8 ordinary hours each day; or

(ii) by employees working less than 8 ordinary hours on one or more days each week; or

(iii) by fixing one weekday on which all employees will be off during a particular work cycle; or

(iv) by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that particular cycle.

(g) At each site, an assessment should be made as to which method of implementation best suits the business and the proposal will be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

(h) The employer and the majority of employees at a site or section may agree that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

(i) Circumstances may arise where different methods of implementation of a 38 hour week apply to various groups of employees at a site or section.

19.2 Shiftwork

(a) For the purposes of this clause “afternoon shift” is any shift which finishes after 6.00 pm and at or before midnight and “night shift” is any shift which finishes after midnight and at or before 8.00 am.

(b) The employer shall have the right to require any employee to work in shifts where, in the opinion of the employer, it is not reasonably practicable to carry on the operations of the employer without such shiftwork.

(c) The ordinary hours for a shift will not exceed eight on any day, Monday to Friday, inclusive, and any excess will be paid for at the rate of time and a half for the first two hours and double time thereafter.

(d) Employees engaged on afternoon shift work shall be paid an additional payment at the rate of 15 per cent of the appropriate rates prescribed and engaged on night shift an additional 30 per cent; provided that such additional rate shall not apply to employees engaged solely on day work or day shift.

(e) Employees working on shift work shall be allowed 20 minutes crib time in each shift at such times as may be fixed by the employer and such crib time shall be counted as time worked.

(f) Notwithstanding any provisions set out in this clause, any employee engaged in the trimming, loading, cleaning, fumigating etc. of vessels shall be subject to the shift work provisions as prescribed in this clause.

19.3 Make-up time

(a) An employee (other than a shiftworker) may elect, with the consent of the employer, to work make-up time, under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours.

(b) An employee on shiftwork may elect, with the consent of the employee’s employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the shiftwork rate which would have been applicable to the hours taken off.

(c) On each occasion that the employee elects to use this provision the resulting agreement will be recorded at the time when the agreement is made.

19A. Employee right to disconnect

[19A inserted by PR778120 from 26Aug24]

19A.1 Clause 19A 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.

19A.2 Clause 19A 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.

19A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

19A.4 Clause 19A.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 21.10.

20. Breaks

20.1 Time for taking meal breaks

(a) No employee will be required to work longer than five hours without a break for a meal, of one hour in duration.

(b) Where a meal break is to be taken immediately prior to or during a period of overtime, it will not exceed one hour in duration.

20.2 Rest period

A rest break of 10 minutes each morning and afternoon will be granted to all employees except for shiftworkers, to whom clause 19.2 applies. Such rest break is to be counted as time worked and taken at a time fixed by the employer, provided that the rest break will not be granted within one hour of normal commencement or cessation of work or within one hour either side of a meal break.

20.3 Washing time

Washing time of five minutes is to be allowed for each employee immediately prior to the set finishing time each day.

21. Overtime and penalty rates (other than shiftworkers)

21.1 Payment and conditions for all time worked outside ordinary hours as defined in clause 19.1 shall be as follows:

21.2 Between 5 pm on an ordinary working day and 8 am on the following day, time and a half for the first two hours and double time thereafter; such double time will continue until the completion of the overtime work. No employee will be called upon to resume work after the completion of overtime until they have had at least eight consecutive hours off duty.

21.3 Before noon on Saturday, time and a half for the first two hours and double time thereafter.

21.4 After noon on Saturday, double time.

21.5 In calculating overtime on any day, periods of overtime before 8.00 am and after 5.00 pm shall be added together and payment at the rate of double time as provided in subclause 21.2 hereof shall be made in respect of any overtime work in excess of two hours on each day.

21.6 An employee who is required to work overtime after 5.00 pm on any day shall be allowed a meal break of one hour without pay which shall be commenced at or before 5.30 pm provided that this meal break need not be allowed if the period of overtime work required on that night is less than 1 1/2 hours. In addition to the meal break prescribed above if the total overtime to be worked on any day after 5 pm exceeds 5 1/2 hours a paid meal break at the appropriate rate shall be allowed to each employee. Such meal break shall be of 20 minutes duration and will be taken after five hours overtime has been worked.

21.7 In calculating a casual employee’s entitlement in respect of overtime, the rate of pay will be calculated on the basis of: employee’s minimum wage in clause 14 x overtime loading + employee’s minimum wage in clause 14 x 25% pursuant to clause 10.3.

21.8 An employee who is required to work outside ordinary hours will be paid the appropriate overtime rate for the period worked, provided that they will be paid for not less than half an hour for each half hour’s work entered upon.

21.9 If an employee does not commence their lunch break before 1 pm they will be paid at the rate of time and a half for all work performed from 1 pm until they are allowed to commence such meal break, provided that in no case will an employee be required to continue working after 1.30 pm without a lunch break.

21.10 An employee who is called into work from their home after their normal ceasing time will be paid a minimum of four hours pay, irrespective of the actual time worked.

22. Time off in lieu of payment for overtime (other than shiftworkers)

22.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

22.2 Overtime taken as time off during ordinary hours will be taken at the ordinary rate, that is an hour for each hour worked.

22.3 An employer will, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under subclause 22.2 where such time has not been taken within four weeks of accrual and requested by the employee.

Part 6—Leave and Public Holidays

23. Annual leave

23.1 Annual leave is provided for in the NES.

23.2 Annual leave loading

(a) An employee is also entitled to payment of a loading equivalent to 17.5% of the payment provided for in clause 23.1 at the time that payment is made.

(b) Where an employee would have received shift loadings had the employee not been going on leave during the relevant period, and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the shift loadings are to be substituted for the 17.5% loading prescribed in 23.2(a).

(c) Annual leave loading payment is payable on termination of employment in respect of untaken leave accrued at the time of termination.

24. Personal/carer’s leave and compassionate leave

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

25. Community service leave

Community service leave is provided for in the NES.

26. Public holidays

26.1 Public holidays are provided for in the NES.

26.2 By agreement between the employer and the majority of employees in an enterprise another day may be substituted for a public holiday provided for in the NES.

27. Parental leave

Parental leave is provided for in the NES.

28. Dispute resolution procedure training leave

28.1 For the purpose of this clause, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

28.2 Other than casuals, eligible employee representatives shall be allowed leave with pay up to a maximum of five days per annum per group to attend trade union training courses subject to the following conditions:

(a) Not less than four weeks’ notice in writing is given to the employer of the date of commencement of the training course including an agenda with the times on which the course is to be conducted, such notice to be endorsed by the branch secretary of the relevant union.

(b) That the employer is able to make adequate staffing arrangements during the period of such leave.

(c) Leave taken pursuant to this clause shall be counted as continuous service for all purposes of the award and for purposes of long service leave entitlements.

(d) That an employee shall have completed 12 months’ service with the employer before becoming eligible for leave pursuant to this clause.

(e) At any one time, no more than one employee of any one establishment of the employer shall be on leave pursuant to this clause unless otherwise agreed.

Schedule A—Supported Wage System

[Varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]

A.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

A.2 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 Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate

A.3 Eligibility criteria

A.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

A.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

A.4 Supported wage rates

A.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause A.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[A.4.2 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

A.4.2 Provided that the minimum amount payable must be not less than $106 per week.

A.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

A.5 Assessment of capacity

A.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.

A.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

A.6 Lodgement of SWS wage assessment agreement

A.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.

A.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

A.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

A.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

A.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

A.10 Trial period

A.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

A.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[A.10.3 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]

A.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.

A.10.4 Work trials should include induction or training as appropriate to the job being trialled.

A.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause A.5.

Schedule B—School-based Apprentices

B.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

B.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

B.4 For the purposes of clause B.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

B.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

B.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

B.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.

B.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

B.10 If an apprentice converts from school-based to full-time, all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

B.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule C—Classifications

[Varied by PR704803]

Classifications are reviewed and applied in accordance with the employer’s Skill Based Career Path per Schedule D.

Operator Skill Level 1

This is the entry level of the Skill Based Career Path. All Operators who have commenced with Storage & Handling and have been subject to the normal induction process are classified as Level 1.

Operator Skill Level 2

To qualify for this level an Operator must have accumulated at least 45 points.

Operator Skill Level 3

To qualify for this level an Operator must have accumulated at least 75 points.

Operator Skill Level 4

To qualify for this level an Operator must have accumulated at least 130 points.

Operator Skill Level 5

To qualify for this level an Operator must have completed at least 12 months of accumulated service and accumulated 170 points.

Schedule D—Skill Based Career Path for Storage and Handling Operators Procedure Manual

[Varied by PR704803]

The terms of this schedule are those of the Skill Based Career Path for Storage and Handling Operators Procedure Manual January 2019.

Details

Title: Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015
Code: MA000136

Effective:

Updated:

Instrument Type: Modern Award

Versions

FWC Award

MA000136

Variations

Summaries

Disclaimer

Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.

Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

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