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Aboriginal Legal Rights Movement Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777375 and PR778123).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
11—Types of employment
19A—Employee right to disconnect
Table of Contents
[Varied by PR774869, PR778123]
5. Access to the award and the National Employment Standards................................... 5
Part 1—Application and Operation
[Varied by PR580096 ppc 01Jul16]
This award is the Aboriginal Legal Rights Movement Award 2016.
2. Commencement and transitional
2.1 This award commences on 16 May 2016.
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.
3. Definitions and interpretation
[Varied by PR733942, PR774869, PR777375]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
barrister’s apparel means the appropriate barristers wig, gown, alpaca jacket and bands or jabot
[Definition of casual employee inserted by PR733942 from 27Sep21; varied by PR777375 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.
classification means the salary range applying to a particular position within the staff structure of the Aboriginal Legal Rights Movement Inc
Commission means the Fair Work Commission
Council means the governing body of the Aboriginal Legal Rights Movement Inc
country office means an office of the Aboriginal Legal Rights Movement Inc located beyond a 150 kilometre, via road, distance from the Adelaide GPO
dependant in relation to an employee means the spouse of the employee (as defined) and the child or parent of the employee or of the spouse of the employee who ordinarily resides with the employee and who is wholly or substantially maintained by the employee
employee means a person employed by the Aboriginal Legal Rights Movement Inc on a permanent or temporary basis
[Definition of employee organisation inserted by PR774869 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means the Aboriginal Legal Rights Movement Inc (Movement)
[Definition of enterprise inserted by PR774869 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
Field Officer means an employee who assists Aboriginal people in making them aware of their rights within the law, and attends courts when appointed by the Director, to assist Aboriginal people appearing in those courts and interviews clients regarding legal assistance
Legal Officer means a person admitted as a practitioner of the Supreme Court of South Australia and practicing as a solicitor or as a barrister and solicitor
Movement means the Aboriginal Legal Rights Movement Incorporated as an association
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 PR774869 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
spouse includes another person (whether of the same or opposite sex) who:
· the employee is in a relationship with registered under a prescribed State or Territory law; or
· although not legally married to the employee, lives with the employee on a genuine domestic basis in a relationship as a couple
standard rate means the minimum wage for an Administrative Officer Level 2 in clause 15.1(a)
[Definition of workplace delegate inserted by PR774869 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This enterprise award covers the Aboriginal Legal Rights Movement Inc and its employees in the classifications listed in clause Schedule A—Classification criteria and definitions to the exclusion of any other modern award.
4.2 The award does not cover employees excluded from award coverage by the Act.
4.3 The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award. The NES may be supplemented by this award.
(a) a consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established;
(b) for the purpose of the consultative process the employees may nominate the Union or another to represent them; and
(c) where agreement is reached an application shall be made to the Commission.
7.2 Notwithstanding any other provision of this award, an 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.
7.3 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.
7.4 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 7.2; 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.
7.5 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.
7.7 Except as provided in clause 7.5(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.8 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.
7.9 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 Act).
7.10 The notice provisions in clause 7.9(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.9(a), subject to four weeks’ notice of termination.
7.11 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 PR774869 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774869 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.
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) Employers to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award 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.
10. Redundancy disputes procedure
10.1 Clauses 10.2 and 10.3 impose additional obligations on the employer where the employer contemplates termination of employment due to redundancy and a dispute arises (‘a redundancy dispute’).
(a) the reasons for any proposed redundancy;
(b) the number and categories of workers likely to be affected; and
(c) the period over which any proposed redundancies are intended to be carried out.
Part 3—Types of Employment and Termination of Employment
[Varied by PR733942, PR777375]
11.1 Full-time
A full-time employee means a person engaged to work 38 ordinary hours per week.
11.2 Part-time
(a) The Movement may employ regular part-time employees in any classification.
(b) A regular part-time employee is an employee who:
(i) is engaged to work less than full-time hours; and
(ii) has predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same work.
(c) At the time of engagement the employer and the employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the starting and finishing times each day.
(d) Any agreed variation to the regular pattern of work will be recorded in writing.
11.3 Casual employment
[11.3(a) deleted by PR733942 from 27Sep21]
[11.3(b) renumbered as 11.3(a) by PR733942 from 27Sep21]
(a) A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
[11.3(c) renumbered as 11.3(b) by PR733942 from 27Sep21]
(b) Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.
[11.3(d) renumbered as 11.3(c) by PR733942 from 27Sep21]
(c) Casual employees are entitled to a minimum payment of three hours’ work at the appropriate rate.
(d) Changes to casual employment status
[New 11.3(d) inserted by PR733942 ppc 27Sep21; renamed and substituted by PR777375 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.
12.1 Notice of termination is provided for in the NES and is supplemented by this clause.
12.2 Payment instead of the prescribed notice in the NES must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
12.3 The required amount of payment instead of notice must equal to or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:
(a) the employee’s ordinary hours of work (even if not standard hours); and
(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
(c) any other amounts payable under the employee’s contract of employment.
12.4 The period of notice in this clause does not apply:
(a) in the case of dismissal for serious misconduct;
(b) to employees engaged for a specific period of time or for a specific task or tasks;
(c) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or
(d) to casual employees.
12.5 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
12.7 Transmission of business
Where a business is transmitted from one employer to another, as set out in clause 13—Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
13.1 Redundancy pay is provided for in the NES and is supplemented by this clause.
13.2 Definitions
business includes trade, process, business or occupation and includes part of any such business
redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee’s employment, except where this is due to the ordinary and customary turnover of labour
transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning
weeks’ pay means the ordinary time rate of pay for the employee concerned. Provided that such rate will exclude:
· overtime;
· penalty rates;
· disability allowances;
· shift allowances;
· special rates;
· fares and travelling time allowances;
· bonuses; and
· any other ancillary payments of a like nature.
13.3 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.
13.4 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.
13.5 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 12.6.
13.6 Transmission of business
(a) The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:
(i) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
(ii) Where the employee rejects an offer of employment with the transmittee:
· in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
· which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
(b) The Commission may vary clause 13.6(a)(ii) if it is satisfied that this provision would operate unfairly in a particular case.
13.7 Employees exempted
Employees exempted from this Redundancy clause are provided for in the NES.
13.8 Incapacity to pay
The Commission may vary the severance pay prescription for small employers on the basis of a small employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.
Part 4—Minimum Wages and Related Matters
The employer will classify employees in accordance with the classification criteria as prescribed in Schedule A—Classification criteria and definitions.
[Varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030]
[15.1 substituted by PR580097, PR592241 ppc 01Jul17]
15.1 The rates of pay to be paid to employees will be in accordance with the rates as set out in following tables.
[15.1(a) varied by PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030 ppc 01Jul24]
|
Level |
$ per week |
|
Level 1 |
922.10 |
|
Level 2 |
984.50 |
|
Level 3 |
1074.20 |
|
Level 4 |
1150.90 |
|
Level 5 |
1240.90 |
|
Level 6 |
1313.90 |
|
Level 7 |
1498.70 |
|
Level 8 |
1586.00 |
(b) Field Officer
[15.1(b) varied by PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030 ppc 01Jul24]
|
Level |
$ per week |
|
Level 1 |
1240.90 |
|
Level 2 |
1313.90 |
|
Level 3 |
1498.70 |
(c) Legal Officer
[15.1(c) varied by PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030 ppc 01Jul24]
|
Level |
$ per week |
|
Level 1 |
1240.90 |
|
Level 2 |
1412.50 |
|
Level 3 |
1620.00 |
|
Level 4 |
1916.30 |
|
Level 5 |
2212.40 |
(d) Executive Officer
[15.1(d) varied by PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030 ppc 01Jul24]
|
Level |
$ per week |
|
Level 1 |
1916.30 |
15.2 Supported Wage System
See Schedule B—Supported Wage System.
15.3 National Training Wage
See Schedule C—National Training Wage.
[Varied by PR580096, PR580097, PR592241, PR592391, PR606465, PR606615, PR704093, PR707580, PR707791, PR718957, PR719109, PR729404, PR729583, PR740828, PR740987, PR750888, PR762248, PR762415, PR774030, PR774198]
16.1 Location allowance
[16.1 varied by PR707791, PR719109, PR729583, PR740987, PR762415 ppc 01Jul23]
Staff employed at Ceduna must receive a Location Allowance at the rate of $1154 per annum (without dependents) or $2287 per annum (with dependents).
16.2 First aid allowance
An employee who has been trained to render first aid and who is the current holder of an appropriate first aid qualification will be paid an allowance, as follows:
[16.2(a) varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828; substituted by PR750888 ppc 15Mar23; varied by PR762248, PR774030 ppc 01Jul24]
(a) Certificate: HLTAID003 Provide First Aid is held—$9.86 per week. The amount of this allowance is 1.002% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.
[16.2(b) varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828; substituted by PR750888 ppc 15Mar23; varied by PR762248, PR774030 ppc 01Jul24]
(b) Certificate: HLTAID005 Provide First Aid in remote situations is held—$12.40 per week. The amount of this allowance is 1.26% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.
[16.2(c) varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828; substituted by PR750888 ppc 15Mar23; varied by PR762248, PR774030 ppc 01Jul24]
(c) Certificate: HLTSS00027 Occupational First Aid Skill Set is held—$15.12 per week. The amount of this allowance is 1.536% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.
16.3 Court attire allowance
(a) Where the Movement requires a Legal Officer who is engaged in court duties to wear barrister’s apparel the employer must reimburse the employee for the cost of purchasing the special clothing. The provisions of this clause do not apply where the special clothing is paid for by the employer. If the employer provides the Barrister’s apparel it will remain the property of the Movement.
(b) The Movement will reimburse the employee for the cost of laundering any special clothing. The provision of this award will not apply where the Movement launders the special clothing.
16.4 Loss or damage to clothing or personal effects
An employee will be reimbursed to the extent of the damage sustained where, in the course of work, an employee incurs loss or damage to clothing or personal effects.
16.5 Law Society membership allowance
The employer will pay a Legal Officer an annual allowance equal to the annual membership subscription of the Law Society of South Australia. The provisions of this clause do not apply where the employer provides one membership of the Law Society of South Australia at each office where a Legal Officer is employed.
16.6 Professional practicing certificate allowance
An employee who is a Legal Officer and is required to have a practicing certificate pursuant to the provisions of the Legal Practitioners Act 1981 (SA), as amended, will be reimbursed the full cost of the certificate by the employer.
16.7 Professional indemnity insurance allowance
An employee who is a Legal Officer and is required to have professional indemnity insurance pursuant to the provision of the Legal Practitioners Act 1981 (SA), as amended, will be reimbursed the full cost of the insurance by the employer.
16.8 Field Officer administration loading
[16.8 varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828; substituted by PR750888 ppc 15Mar23; varied by PR762248, PR774030 ppc 01Jul24]
Where a Field Officer in a regional office occupies a position having responsibilities for the direction and supervision of other staff as well as the administration of a regional office including limited financial delegations and other administrative functions an allowance of $3398 per annum is payable on a pro rata basis. The amount of this allowance is 345.10% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.
16.9 Travelling, transport, fares and transfers
[16.9(a)(i) varied by PR580096, PR592391, PR606615, PR704093, PR707791, PR719109, PR729583, PR740987, PR762415, PR774198 ppc 01Jul24]
(i) $210.96 per day; or
[16.9(a)(ii) varied by PR580096, PR592391, PR606615, PR704093, PR707791, PR719109, PR729583, PR740987, PR762415, PR774198 ppc 01Jul24]
(ii) for parts of a day:
|
Up to $20.96 |
|
|
Lunch |
Up to $20.96 |
|
Dinner |
Up to $43.50 |
|
Bed |
Up to $117.19 |
|
Incidentals |
Up to $8.35 |
[16.9(b) varied by PR707791, PR719109, PR729583, PR740987, PR762415 ppc 01Jul23]
(b) Where an employee whose usual place of work is in a country location is required to travel to Adelaide and to stay overnight within the City of Adelaide or Metropolitan Adelaide the rates in clause 16.9(a) will apply, except in respect of bed, where up to $135.30 will be paid.
NOTE: This clause applies to employees who are required to stay overnight within the area defined as Metropolitan Adelaide in the Development Plan established under the Planning Act 1982 (SA).
[16.9(c) varied by PR580096, PR592391, PR606615, PR704093, PR707791, PR719109, , PR740987, PR762415, PR774198 ppc 01Jul24]
(c) Where an employee is required to travel from their usual workplace, on the employers business, but is not absent overnight the following allowances will be paid:
|
Breakfast |
Up to $13.79 |
|
Dinner |
Up to $20.16 |
(d) Where an employee is required to travel interstate for a whole day or part of a day the following allowance, or part thereof will be paid:
[16.9(d)(i) varied by PR580096, PR592391, PR606615, PR704093, PR707791, PR719109, PR729583, PR740987, PR762415, PR774198 ppc 01Jul24]
(i) $334.54 per day; or
[16.9(d)(ii) varied by PR580096, PR592391, PR606615, PR704093, PR707791, PR719109, PR729583, PR740987, PR762415, PR774198 ppc 01Jul24]
(ii) for parts of a day:
|
Up to $27.58 |
|
|
Lunch |
Up to $27.58 |
|
Dinner |
Up to $51.06 |
|
Bed |
Up to $213.31 |
|
Incidentals |
Up to $15.01 |
16.10 Transfer removal expenses
An employee who is required to transfer from one locality to another is entitled to be reimbursed by the employer:
(a) the reasonable cost of conveyance of the employee and their dependants to the new locality; and
(b) the cost reasonably incurred by the employee of removal of furniture and household effects of the employee and dependants.
16.11 Adjustment of wage-related allowances
[New 16.11 inserted by PR750888 from 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.
16.12 Adjustment of expense related allowances
[16.11 renumbered as 16.12 by PR750888 from 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 |
|
Accommodation allowance |
Domestic holiday, travel and accommodation sub-group |
|
Location allowance |
Domestic holiday, travel and accommodation sub-group |
17.1 An employee directed by the employer to perform duties of a higher value outside or exceeding those of the employee’s appointed classification, whether or not the said duties of higher value coincide with those of another classification for which a higher scale is fixed by this award, will be paid while performing those duties not less than:
(a) The minimum rate for the higher paid classification if the employee substantially performs the duties thereof; or
(b) A rate of pay commensurate with the value of the duties the employee is directed to perform.
[Varied by PR771415]
18.1 Superannuation legislation
[18.1 substituted by PR771415 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.
The 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.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.
18.4 Statewide Superannuation Trust to be the default fund
[18.4 varied by PR771415 ppc 09Apr24]
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 and pay any amount authorised under clauses 18.3(a) or 18.3(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) Statewide Superannuation Trust;
(b) 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
(c) a superannuation fund or scheme which the employee is a defined benefit member of.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Unpaid leave—When an employee is on leave without pay (whether continuous or not) for one or more complete days from the calendar month, then pro-rata deduction for the period of leave without pay must be made from the monthly contribution as set out in clause 18.2.
Part 5—Hours of Work and Related Matters
19. Ordinary hours of work and rostering
[Varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828, PR750888, PR762248, PR774030]
19.1 Ordinary hours
The ordinary working hours will be an average of 38 per week.
19.2 Maximum ordinary daily hours
Ordinary hours will not exceed 7.6 hours on any one day.
Employees may be required to work ordinary hours between 7.00 am and 5.30 pm Monday to Friday inclusive.
19.4 Field Officers hours of duty and callout
(a) A Field Officer based in Metropolitan Adelaide may be required to work up to seven consecutive days callout duty in each period of 28 days.
(b) Within one consecutive seven day period of callout duty a Field Officer will be on restricted duty and subject to be called out to duty at any time during the hours of 5.00 pm to 9.00 am on Monday to Friday and at any time from 5.00 pm on Friday to 9.00 am on the following Monday.
(c) A Field Officer who has completed a period of seven consecutive days is entitled to a day of paid leave on the day which callout duty ceases.
(d) A Field Officer in a regional office may be required to work periods of callout duty as the Director determines, in addition to ordinary working hours.
[19.4(e) substituted by PR580097 ppc 01Jul16; varied by PR592241, PR606465, PR707580, PR718957, PR729404, PR740828; substituted by PR750888 ppc 15Mar23; varied by PR762248, PR774030 ppc 01Jul24]
(e) A Field Officer in a regional office who is required to work callout duty in addition to ordinary hours of work for more than fourteen days in each period of twenty-eight days is entitled to an allowance of $3376 per annum. The amount of this allowance is 342.90% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.
(f) Callout duty, in this clause, means a period of duty not at the normal place of work where the officer is required to remain contactable and available to perform extra duty if required.
19A. Employee right to disconnect
[19A inserted by PR778123 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 requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the callout duty allowance under clause 19.4; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the callout.
20. Overtime and penalty rates
20.1 Definition
All time worked in excess of 38 hours per week or outside the normal spread of hours set out in clause 19.3 is overtime.
20.2 Payment for overtime
(a) Overtime on Monday to Saturday must be paid at the rate of time and a half for the first three hours and at double time thereafter.
(b) All employees receiving salary in excess of the maximum of the Administrative Officer Level 4 salary range are not entitled to paid overtime.
20.3 Requirements to work reasonable overtime
The employer may require an employee to work reasonable overtime at overtime rates and the employee must work overtime in accordance with the requirement.
20.4 Rest period after overtime
An employee working overtime must be allowed a paid tea break of not less than 20 minutes after each four hours of overtime, provided that overtime continues after this break.
20.5 Time off in lieu of overtime
Overtime may be compensated for by time off work instead of payment at the same rate as provided in this clause.
20.6 Sunday work
(a) Overtime on Sundays is at the rate of double time.
(b) An employee working overtime on a Sunday is allowed a paid tea break of not less than twenty minutes after each four hours of overtime, provided that overtime continues after this break.
Part 6—Leave and Public Holidays
21.1 Annual leave is provided for in the NES and is supplemented by this clause.
21.2 Entitlement—Country officers
Employees of the Movement located in Ceduna are entitled to two days additional annual leave per annum.
21.3 Payment for annual leave
(b) Except as provided in clause 21.7, payment must not be made or accepted instead of annual leave.
21.4 Annual leave loading
In addition to the employee’s salary as prescribed in 21.3(a), an employee must be paid for that period of annual leave a further amount calculated at the rate of 17.5% of the amount referred to in 21.3(a) up to a maximum of 17.5% of average weekly earnings.
21.5 Annual leave to be taken
(a) Annual leave as provided by this clause must be allowed and must be taken.
(b) Annual leave credit which accrues to an employee in accordance with the provisions of this clause are, subject to this clause, available to that employee for a period of two years and three months.
(d) In the event that an employee who, on the date of accrual in any year of an annual leave credit has a total credit exceeding a credit representing two years of service, should fail to make an application as required in clause 21.5(c), the Director must direct the employee to absent themselves from duty for a period equivalent to that excess credit, and the absence from duty so resulting must reduce the employee’s annual leave credit accordingly.
(e) If notwithstanding the provisions of clauses 21.5(c) and (d) above, an employee has, on the date falling three calendar months after the date of accrual of annual leave credit representing two years’ service, the employee is deemed to be on annual leave as of the first working day following that date and continuing for the period equivalent to the excess credit. The employee is entitled to be absent from duty at that time.
21.6 Calculation of continuous service for annual leave
(a) For the purpose of this clause, service is deemed to be continuous notwithstanding:
(i) any interruptions or termination of the employment by the Movement if the interruption or termination has been made merely with the intention of avoiding obligations in respect of leave of absence;
(ii) any absence from work on account of personal sickness or accident or on account of leave granted, imposed or agreed to by the Movement; or
(iii) any absence with reasonable cause, proof of which must be provided by the employee.
(b) Where an employee has applied for and been granted leave of absence by the Movement without payment for such leave, the period of the leave must not be taken into account when computing continuous service for the purpose of this award.
21.7 Proportionate annual leave on termination
If, after one months’ continuous service in any qualifying 12 month period an employee lawfully leaves the employment or is terminated by the Movement through no fault of the employee, the employee must be paid 1/3 of their ordinary weekly rate of salary for each completed month of continuous service, being service in respect of which leave has not been granted.
22. Personal/carer’s leave and compassionate leave
22.1 Personal/carer’s leave is provided for in the NES and is supplemented by this clause.
22.2 The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees other than provided for in clause 22.9. The entitlements of casual employees are set out in clause 22.9.
22.3 Entitlement to personal leave
(a) An employee is entitled to 12 days paid personal leave per year of service.
(b) Paid personal leave accrues progressively and is cumulative.
(c) Paid personal leave will be available to an employee, when they are absent:
(i) due to personal illness or injury; or
(ii) for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires the employee’s care due to an unexpected emergency.
(d) The amount of paid personal leave for the purpose of caring for an immediate family or household member is to be deducted from:
(i) the bereavement/compassionate leave entitlement provided for in clause 23 until exhausted; and then
(ii) the amount of the employee’s personal leave credit.
22.4 Personal leave to care for an immediate family or household member
(b) By agreement between the employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 22.4(a) beyond the relevant limit set out in 22.4(a). In such circumstances, the employer and the employee will agree upon the additional amount that may be accessed.
22.5 Employee must give notice
(a) When taking leave for personal illness or injury, the employee must, as soon as practicable inform the employer of their inability to attend at work, and state the nature of the illness or incapacity and the anticipated period of their expected absence.
(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:
(i) the name of the person requiring care and support and their relationship to the employee;
(ii) the reasons for taking such leave; and
(iii) the estimated length of absence.
22.6 Evidence supporting claim
(a) When taking leave for personal illness or injury, the employee must prove to the satisfaction of the employer that they were unable to attend for duty on account of illness on the days for which sick leave is claimed. After two working days of sick leave the employer is entitled to request a medical certificate as proof of illness.
(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, stating the illness of the person concerned and that the illness requires care by another.
(c) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, 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 the emergency resulted in the person concerned requiring care by the employee.
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee will agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of clauses 22.5 and 22.6 are met.
22.8 The effect of workers’ compensation
An employee is not entitled to paid personal leave for any period covered by workers’ compensation or sickness benefits.
22.9 Personal/carer’s leave for casual employees
(a) Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.
(b) Leave under clause 22.9 is unpaid. A maximum of 48 hours absence is allowed by right with additional absence by agreement.
23. Bereavement/Compassionate leave
23.1 Compassionate leave is provided for in the NES and is supplemented by this clause.
23.2 An employee is entitled to a maximum of five days paid leave per year for bereavement purposes on production of a satisfactory evidence of death of the employee’s spouse, parent, step parent, brother, sister, child, step-child, grandparent or parent in law or any other member of the employee’s extended family recognised by the employer.
23.3 By arrangement with the employer, that leave may be extended as unpaid leave.
24.1 Unpaid parental leave is provided in the NES and is supplemented by this clause. The employer and employee may also agree on terms that supplement or are in addition to the NES.
24.2 Right to request
(a) An employee entitled to parental leave pursuant to clause 24.1 may request the employer to allow the employee to:
(i) extend the period of simultaneous unpaid parental leave provided for in clause 24.1 up to a maximum of eight weeks;
(ii) extend the period of unpaid parental leave provided for in clause 24.1 by a further continuous period of leave not exceeding 12 months;
24.3 Employees request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made under clauses 24.2(a) and (b) must be recorded in writing.
24.4 Request to return to work part-time
Where an employee wishes to make a request under clause 24.2(a)(iii), the request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
Community service leave is provided for in the NES.
26.1 Prescribed public holidays
An employee is entitled to holidays on the following days:
(a) New Year’s Day, Good Friday, Easter Saturday, Christmas Day, Easter Monday, Proclamation/Boxing Day;
(b) Australia Day, Anzac Day, Queen’s Birthday, and Labour Day as prescribed; and
(c) Adelaide Cup Day.
26.2 Substitution arrangements
(a) When Christmas Day is a Saturday or a Sunday, a holiday instead must be observed on 27th December.
(b) When Proclamation Day is a Saturday or Sunday, a holiday instead must be observed on 28th December.
(c) When New Years’ Day or Australia Day is a Saturday or Sunday, a holiday instead must be observed on the next Monday.
26.3 Additional public holidays
An employee is entitled to the following additional public holidays:
(a) National Aborigines and Islanders Day as declared by the National Aborigines and Islanders Day Observance Committee.
26.4 Facilitative provisions
(a) The Movement, with the agreement of employees or where represented, their unions and/or their employee representatives, may substitute another day for any day prescribed in this clause.
(c) An agreement pursuant to clause 26.4(b) must be recorded in writing and be available to every affected employee.
(d) Unions who are entitled to represent employees covered by this award must be informed of an agreement pursuant to 26.4(b) and may within seven days refuse to accept it. The unions will not unreasonably refuse to accept the agreement.
26.5 Public holidays—penalty rates
Overtime worked on a public holiday must be at the rate of double time.
26.6 Time off instead of overtime
Overtime may be compensated for by time off work in lieu of payment at the same rate as provided in this clause.
26.7 Public holidays crib time
An employee working overtime on a public holiday is allowed a paid crib break of not less than 20 minutes after each four hours of overtime, provided that overtime continues after this break.
26.8 Absence before or after work on a public holiday
Where in accordance with the provisions of this clause substitution holidays are provided the Saturday or Sunday for which substitution is made must be deemed not to be a holiday provided that payment in respect of duty performed on 25 December falling on a Saturday or Sunday must be as prescribed in clause 20—Overtime and penalty rates.
Schedule A—Classification criteria and definitions
A.1 Administration Officer Level 1
A.1.1 This is the base level of the classification structure. There are no prescribed educational qualifications required.
A.1.2 Positions at this level work under close direction and initially require the application of basic skills and routines such as:
· providing receptionist services;
· straight forward operation of keyboard equipment;
· filing;
· photocopying;
· collating;
· collecting and distributing;
· rounds and mail procedures;
· carrying out routine checks by simple comparisons;
· simple coding;
· maintaining basic records;
· obtaining or providing information about straight forward matters; and
· routine user maintenance of office equipment.
A.1.3 The work may involve a combination of the activities outlined above including keyboard, clerical and other duties.
A.1.4 Initially work is performed under close direction using established routines, methods and procedures and there is little scope for deviating from these. Tasks should be mixed to provide a range of work experience; some may be of a routine operational nature. Problems can usually be solved by reference to straight forward methods, procedures and instructions. Assistance is available if required when problems arise.
A.1.5 Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience.
A.1.6 The work performed may be routine in nature but some knowledge and application of specific procedures, instructions, regulations or other requirements relating to general administration (e.g. personnel or finance operations) and to specific programs or activities may be required.
A.1.7 Staff at this level may assist more senior officers in the tasks being undertaken by them. Work may include drafting of basic material for inclusion in reports and submissions, issuing form or routine letters and checking applications for benefits or grants.
A.1.8 Positions at Level 1 have no supervisory responsibilities, although more experienced staff may assist new staff and provide guidance and advice.
A.2 Administration Officer Level 2
A.2.1 This level encompasses a range of work which requires routine experience or the application of skills derived from work of a similar nature and a general knowledge of the work to be performed. This is the first level which may include a supervisory role. Staff may be required to follow and interpret rules, regulations, guidelines, instructions and procedures, and be capable of undertaking a range of duties requiring judgement, liaison and communication within the Movement and with other interested parties.
A.2.2 Positions at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not necessary and there is scope for staff to exercise initiative in applying established work practices and procedures.
A.2.3 The solution of problems may require the exercise of limited judgement, though guidance would be available in procedures, guidelines, regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the Movement or with other interested parties may be necessary.
A.2.4 This is the first level at which formal delegations may be found within the operations of the work area (e.g. approval of leave, examination of accounts).
A.2.5 Secretarial/administrative support positions may be included in this level where this is warranted having regard to:
(a) the range and knowledge and skills required;
(b) the degree of independence and responsibility assumed in undertaking tasks; and
(c) the degree of direction given by the supervisor.
A.2.6 Positions where there is a frequently recurring need to take and transcribe verbatim the proceedings of conferences, deputations or enquiries are included in this level.
A.3 Administration Officer Level 3
A.3.1 Positions at this level usually work under general direction and require relevant experience combined with a broad knowledge of the Movement’s functions and activities and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operational work and may assist with, or review work undertaken by subordinates or team members.
A.3.2 Positions with supervisory responsibilities may include a degree of planning and co-ordination and tasks such as monitoring staff attendance and work flow.
A.3.3 Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions though these may require some interpretation and application of judgement. There is scope for the exercise of initiative in application of established work practices and procedures.
A.3.4 Positions in this level may exercise delegations. Decisions made may have an impact on the Movement (e.g. on financial resources) but are normally of limited procedural or administrative importance.
A.4 Administration Officer Level 4
A.4.1 Positions in this grade usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area. Work at this level requires a sound knowledge of program, activity, policy or service aspects of the work performed within a functional element, or a number of work areas. This is the first level where technical or professional qualifications may be required or desirable.
A.4.2 Work is usually performed under general direction and may cover a range of tasks associated with program activity or administrative support to more senior officers. Tasks may include providing administrative support to staff within technical or professional structures. This may include the collection and analysis of data and information and the preparation of reports, publications, papers and submissions including findings and recommendations.
A.4.3 Positions at this level may have supervisory responsibilities over staff operating a wide range of equipment or undertaking a variety of tasks in the area of responsibility.
A.5 Administration Officer Level 5
A.5.1 Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the goals of the Movement.
A.5.2 Positions at this level may, under general direction of work priorities, undertake the preparation of preliminary papers, draft complex correspondence for senior officers, undertake tasks of a specialist or detailed nature, assist in the preparation of procedural guidelines, provide information or interpretation to other interested parties, exercise specific process responsibilities, and oversee and co-ordinate the work of subordinate staff. Positions at this level are found in a variety of environments and may undertake the management functions of a small local office or regional office structure.
A.5.3 Work may involve specialist subject matter of a professional or technical, project, procedural or processing nature, or a combination of these functions.
A.6 Administration Officer Level 6
A.6.1 Positions at this level may manage the operations of an organisational element usually under limited direction. Positions at this level undertake various functions, under a wide range of conditions to achieve a result in line with the goals of the Movement. Management of a program or activity may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical or professional structures, in which case supervision may involve the exercising of technical or professional skills or judgement.
A.6.2 Positions at this level are found in a variety of operating environments and structural arrangements. The primary function may be:
· managing the operations of a discrete organisational element usually under limited direction;
· supervising the operations of an organisational element which is part of a larger office within a regional/state office environment;
· under limited direction in relation to priorities and work practices provide administrative support to a particular program or activity; or
· providing subject matter expertise or policy advice, including technical or professional advice, across a range of programs or activities undertaken by the Movement.
A.6.3 Positions at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.
A.7 Administration Officer Level 7
A.7.1 Positions at this level, under limited direction, usually manage the operations of an organisational element, or undertake a management function, or provide administrative, technical or professional support to a particular program or activity, across a range of administrative or operational tasks to achieve a result in line with the goals of the Movement.
A.7.2 Positions at this level may undertake a management function involved in the administration of a program or activity within the Movement. This includes the provision of advice, including technical or professional advice or undertaking tasks related to the management or administration of a program or activity, service delivery, including project work, policy, technical or professional advising, preparation or co-ordination of research papers, submissions on policy, technical, professional or program issues or administrative matters. Liaison with other elements of the Movement, other government agencies, state and local authorities and community organisations can be a feature.
A.7.3 Positions at this level may represent the Movement at meetings, conferences and seminars. In some circumstances the supervisor or subordinates may be, or include, staff in technical or professional structures, in which case supervision is for administrative purposes only. In all other circumstances, supervision may involve the exercise of technical or professional skill or judgement.
A.8 Administration Officer Level 8
A.8.1 Positions at this level usually control the Movement's functions or an organisational element, under the broad direction of a Senior Executive or comparable officer, involved in the administration or co-ordination of a specific program or activity within the Movement.
A.8.2 Work at this level includes:
· the development and/or the provision of policy, financial, specific subject matter, or administrative advice including technical or professional advice or undertaking high level project work, the preparation, implementation and review of policy instructions and administrative, technical or professional procedures for the guidance of functional elements of Council’s resolutions and directions;
· the processing of representations to the Council;
· the administration of communities;
· preparation of submissions and correspondence, liaison with government bodies and community organisations, including the provision of public information on programs, activities or projects;
· representing the Movement at meetings, conferences and seminars.
A.8.3 At this level positions may undertake a function across a range of administrative specialist or operational tasks. This may include either specific program or activity management, service delivery, provision of high level advice as a subject matter specialist including technical or professional advice, administration of technical or specialist projects, the goal of functional statement of the Movement. Immediate subordinate positions may include staff in technical or professional structures.
A.8.4 Positions at this level may have (depending on the role and function) significant independence of action within the constraints or guidelines laid down by council.
A.9 Field Officer Level 1
A.9.1 Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the goals of the Movement.
A.9.2 Under general direction of Senior Field officer undertake attendance at police stations, office and elsewhere to provide basic advice to clients, assist with policy interviews, take initial instructions, liaise with prisoners and lawyers, assist in preparation of matters for court, monitor compliance by police and other General Orders and advise superiors of non-compliance, provide assistance and support at court, attend court to provide assistance to lawyers, appear on basic court attendance’s such as bail applications and remands.
A.9.3 Work may involve some requirement to undertake duty outside ordinary working hours, up to the level provided for in clause 19.4.
A.10 Field Officer Level 2
A.10.1 Positions at this level may from time to time manage the operations of other field officers usually under limited direction or in a small regional office. Positions at this level undertake more complex and difficult functions, under a wide range of conditions to achieve a result in line with the goals of the Movement. Management of one aspect of the Movement's field operations may be an element of the work undertaken at this level. Supervision may involve the exercising of technical or professional skills or judgement.
A.10.2 Positions at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.
A.10.3 Positions at this level may require performance of some after hour’s duty up to the level provided for in clause 19.4.
A.11 Field Officer Level 3
A.11.1 As for Levels 1 and 2 but with additional responsibilities.
A.11.2 Under limited direction, usually manage the activities of other field officers on a day to day basis and under limited direction from the Director take responsibility for overall performance of the field operations section to achieve a result in line with the goals of the Movement.
A.11.3 Positions at this level may undertake a management function involved in the administration of the field operations, including ensuring adequate communication between staff concerning initial contacts with clients, maintaining standards of field staff and ensuring compliance with guidelines developed for field operations, overseeing and managing the use of vehicles by all staff, ensuring all staff to adhere to guidelines for the use of vehicles, collate data on attendances at policy stations and other locations. Liaison with other elements of the Movement, other government agencies, state and local authorities and community organisations are involved. Positions at this level would usually be considered part of the management structure of the Movement and would participate in management decision-making.
A.11.4 Positions at this level may represent the Movement at meetings, conferences and seminars. In some circumstances the supervisor or subordinates may be, or include, staff in technical or professional structures in which case supervision is for administrative purposes only. In all other circumstances, supervision may involve the exercise of technical or professional skill or judgement.
A.12 Legal Officer 1
A.12.1 Positions at this level require a demonstrated competency in:
Taking of instructions in all courts and tribunals and performing (for criminal matters) adjournments and remands, simple bail applications, simple guilty pleas on minor offences and in directions hearings under instructions of a senior lawyer in all jurisdictions; (for civil matters) simple appearances, chamber appearances and directions hearings under instruction of senior lawyer in all jurisdictions.
Taking instructions and taking statements from witnesses, assisting in preparation of statements of claim and pleadings generally, legal research and preparation of minor advices in civil, family and child protection and criminal law matters. Working well in a cross cultural environment and an ability to work well in a team environment.
It is necessary to hold a restricted or unrestricted SA Practising Certificate with no requirement as to number of years of post-admission experience.
A.13 Legal Officer 2
A.13.1 Positions at this level require a demonstrated competency in:
(a) Taking of instructions in all courts and tribunals and to include (for criminal matters) adjournments and remands, simple bail applications, simple guilty pleas on minor offences and directions hearings under instructions of a senior lawyer in all jurisdictions; (for civil matters) simple appearances, chamber appearances and directions hearings under instruction of a senior lawyer in all jurisdictions.
(b) Taking instructions and taking statements from witnesses, assisting in preparation of statements of claim and pleadings generally, legal research and preparation of minor advices, civil, family and child protection and criminal law matters. Working well in cross cultural environment and an ability to work well in a team environment.
(c) It is necessary to hold a restricted or unrestricted SA Practising Certificate with no requirement as to number of years of post-admission experience. Promotions to be at discretion of management and subject to approval and ratification by senior management.
A.14 Legal Officer 3
A.14.1 Positions at this level will only be available upon application to fill specified Legal Officer Level 3 vacancies.
A.14.2 Positions at this level require a demonstrated competency in:
(a) Taking of instructions on more complex matters, conduct of negotiations leading to resolution on complex pleas in Youth and Magistrates Courts and simple matters in District Courts. Conduct of summary criminal trials, conduct of simple Magistrates Court appeals, and negotiation to resolution and solicitor’s work in preparing for trial in complex civil & family, child protection matters. More complex Family law & child protection and civil appearances. Legal research and more complex advices and negotiations in civil, family & child protection and criminal law. Working well in cross cultural environment and an ability to work well in a team environment. Holding an unrestricted SA Practising Certificate with greater than 3 years of post-admission experience.
(b) Graduations in LO3 level are to be at the discretion of management and subject to approval and ratification by senior management.
|
LO3-1 |
Basic demonstrated competence in LO3 classification |
|
LO3-2 |
Demonstrated skill and capacity above LO3-1 and a demonstrated sense of judgement and ability to work independently |
|
LO3-3 |
Consistently high levels of demonstrated skill and experience within LO3-2 and a demonstrated sense of judgement and the ability to work independently |
A.15 Legal Officer 4
A.15.1 To fill specific positions designated as requiring Legal Officer Level 4.
A.15.2 Positions at this level require a demonstrated competency in:
Taking instructions and appearing in complex Youth and Magistrates Court trials & pleas and complex District Court pleas. Conducting appeals from Youth and Magistrates Courts. Appearances in or briefing counsel in Court of Criminal Appeal and complex District and Supreme Court criminal trails. Conduct of negotiations leading to resolution on complex pleas in Youth, District and Supreme Courts. Negotiation to resolution or conducting trials in complex civil, family & child protection and criminal matters. Legal research and complex advices and negotiations in civil, family & child protection and criminal law. Conducting work on ALRM trust account. Working well in cross cultural environment and an ability to work well in a team environment. Holding an unrestricted SA Practising Certificate with greater than 5 years of post-admission experience.
A.16 Legal Officer 5
A.16.1 To fill positions designated as requiring Legal Officer Level 5.
A.16.2 Includes all competencies for LO4 position and demonstrated management competence in relation to criminal, civil, family and child protection sections or for large regional offices including cultural competence in managing a cross cultural team of lawyers, Field Officers, secretaries and para legals. Managing conduct of and maintenance of ALRM Trust Account. Holding an unrestricted SA Practising Certificate with greater than 5 years of post-admission experience.
A.17 Executive Officer
The Executive Officer is responsible for overall functions of the Movement. Ensure operations of all operational elements are in line with stated objectives and policies. Responsible for advising Council and recommending policy direction, final responsibility for proper financial administration, preparation of policy and procedural guidelines for staff, liaison with Government and other agencies, representing the Movement in public forums and in all other respects within constraints imposed by Council.
Schedule B—Supported Wage System
[Varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
B.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
B.2 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, 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 means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
B.3 Eligibility criteria
B.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
B.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
B.4 Supported wage rates
B.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause B.5 ) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[B.4.2 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
B.4.2 Provided that the minimum amount payable must be not less than $106 per week.
B.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
B.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
B.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
B.6 Lodgement of SWS wage assessment agreement
B.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
B.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
B.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
B.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
B.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
B.10 Trial period
B.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
B.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[B.10.3 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
B.10.4 Work trials should include induction or training as appropriate to the job being trialled.
B.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause B.5.
Schedule C—National Training Wage
[Varied by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030]
This is the National Training Wage Schedule.
C.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
C.3 Coverage
C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.
C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
C.4 Types of Traineeship
The following types of traineeship are available under this schedule:
C.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
C.5 Minimum Wages
[C.5 substituted by PR580097, PR592241, PR606465, PR707580, PR718957, PR729404, PR740828, PR762248, PR774030 ppc 01Jul24]
C.5.1 Minimum wages for full-time traineeships
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
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 C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
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 C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
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 C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
Wage Level A |
840.40 |
872.30 |
|
Wage Level B |
812.80 |
843.70 |
|
Wage Level C |
743.40 |
771.50 |
C.5.2 Minimum wages for part-time traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
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 C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
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 C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
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 C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:
|
Year of schooling |
||
|
Year 11 or lower |
Year 12 |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
|
13.11 |
14.44 |
|
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
Wage Level A |
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 C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
C.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
C.6 Employment conditions
C.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
C.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part‑time trainees whose approved training is fully off‑the‑job is determined by clause C.5.2(f)(ii) and not by this clause.
C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix C1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I, II, III |
|
Beauty |
III |
|
Business Services |
I, II, III |
|
Chemical, Hydrocarbons and Refining |
I, II, III |
|
Civil Construction |
III |
|
Coal Training Package |
II, III |
|
Community Services |
II, III |
|
Construction, Plumbing and Services Integrated Framework |
I, II, III |
|
Correctional Services |
II, III |
|
Drilling |
II, III |
|
Electricity Supply Industry—Generation Sector |
II, III |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I, II, III |
|
Financial Services |
I, II, III |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I, II, III |
|
Laboratory Operations |
II, III |
|
Local Government (other than Operational Works Cert I and II) |
I, II, III |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I, II, III |
|
Maritime |
I, II, III |
|
Metal and Engineering (Technical) |
II, III |
|
Metalliferous Mining |
II, III |
|
Museum, Library and Library/Information Services |
II, III |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II, III |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II, III |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I, II, III |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I, II, III |
|
Asset Maintenance |
I, II, III |
|
Australian Meat Industry |
I, II, III |
|
Automotive Industry Manufacturing |
II, III |
|
Automotive Industry Retail, Service and Repair |
I, II, III |
|
Beauty |
II |
|
Caravan Industry |
II, III |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I, II, III |
|
Extractive Industries |
II, III |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I, II |
|
Forest and Forest Products Industry |
I, II, III |
|
Furnishing |
I, II, III |
|
Gas Industry |
I, II |
|
Health |
II, III |
|
Local Government (Operational Works) |
I, II |
|
Manufactured Mineral Products |
I, II |
|
Metal and Engineering (Production) |
II, III |
|
Outdoor Recreation Industry |
I, II, III |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II, III |
|
Property Services |
I, II, III |
|
Public Safety |
I, II |
|
Pulp and Paper Manufacturing Industries |
I, II |
|
Retail Services |
I, II |
|
Screen and Media |
I, II, III |
|
Sport Industry |
II, III |
|
Sugar Milling |
I, II, III |
|
Textiles, Clothing and Footwear |
I, II |
|
Transport and Logistics |
I, II |
|
Visual Arts, Craft and Design |
I, II, III |
|
Water Industry |
I, II |
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I, II, III |
|
Conservation and Land Management |
I, II, III |
|
Funeral Services |
I, II, III |
|
Music |
I, II, III |
|
Racing Industry |
I, II, III |
|
Rural Production |
I, II, III |
|
Seafood Industry |
I, II, III |
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