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Parliamentary Departments Staff Enterprise Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777381 and PR778129).
Clause(s) affected by the most recent variation(s):
6—Types of employment
8A—Employee right to disconnect
Schedule E—Definitions
Table of Contents
[Varied by PR774876, PR778129]
Part 7— Workplace Delegates, Consultation and Dispute Resolution.............................. 41
Part 1—Application and Operation
1.1 This award is the Parliamentary Departments Staff Enterprise Award 2016.
1.2 This award commences on 30 May 2016.
1.3 This award supersedes the Parliamentary Departments Staff Award 1998. The replacement of this predecessor award by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.
1.4 Schedule E—Definitions sets out definitions that apply in this award.
1.5 The monetary obligations imposed on Secretaries by this award may be absorbed into overaward payments. Nothing in this award requires a Secretary to maintain or increase any overaward payment.
1.6 The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
2. The National Employment Standards and this award
2.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
2.2 A Secretary 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.
2.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.1 Enterprise
The enterprise to which this modern award relates is the enterprise that constitutes the Parliamentary Service as provided under the Parliamentary Service Act 1999.
This enterprise award covers the Commonwealth of Australia in respect of employees employed in Parliamentary Service employment.
3.3 Employees
(a) This enterprise award covers Parliamentary Service employees in the classifications listed in clauses 10.3 to 10.5 of this award, to the exclusion of any other modern award.
(b) This award does not cover employees in a classification of Senior Executive Service Band 1 or higher, or an equivalent classification, employed under the Parliamentary Service Act 1999.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates; and
(d) allowances.
4.2 The Secretary 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 particular Department.
4.3 The agreement between the Secretary and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 4.1; and
(b) result in the individual employee being better off overall at the time the agreement is made than the individual employee would have been if no individual flexibility agreement had been agreed to.
4.4 The agreement between the Secretary and the individual employee must also:
(c) detail how the application of each term has been varied by agreement between the Secretary 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.
4.5 The Secretary must give the individual employee a copy of the agreement and keep the agreement as an employee record.
4.6 Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than the Secretary and the individual employee.
4.7 A Secretary 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 Secretary must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
4.8 The agreement may be terminated:
(a) by the Secretary or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the Secretary and the individual employee.
Note: If any of the requirements of section 144(4) of the Act, which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the Secretary, giving written notice of not more than 28 days (see section 145 of the Act).
4.9 The right to make an agreement pursuant to this clause 4 is in addition to, and is not intended to otherwise affect, any provision for an agreement between a Secretary and an individual employee contained in any other term of this award.
5.1 This award contains facilitative provisions which allow agreement to be reached between a Secretary and employees on how specific award provisions are to apply at the workplace level. The provisions which can be the subject of agreement are identified in clause 5.3.
5.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award.
|
Clause number |
Subject matter |
|
8.2(e) |
Variation to the span of ordinary hours |
|
8.4(f) |
12 hour shifts |
|
13.6 |
Averaging shift penalties |
|
Schedule E |
Variation of meal breaks |
5.4 The following conditions apply to the use of facilitative provisions:
(b) where the Secretary proposes to use the facilitative provision in clause 8.3(d), the Secretary must inform the relevant union(s);
(c) any agreement between a Secretary and a majority of employees must be recorded in writing.
Part 2—Types of Employment and Classifications
[Varied by PR733964, PR777381]
[6.1 deleted by PR733964 from 27Sep21]
[6.2 renumbered as 6.1 by PR733964 from 27Sep21]
6.1 Employees can be employed on either a full-time, part-time or irregular and intermittent basis.
[Note inserted by PR733964 from 27Sep21]
NOTE: The Parliamentary Service Act 1999 contains provisions which specify the basis of engagement for an employee covered by this award.
6.2 Full-time employment
[6.3 renumbered as 6.2 by PR733964 from 27Sep21]
A full-time employee is an employee who works the ordinary hours of work set out in clause 8 of this award.
[6.4 renumbered as 6.3 by PR733964 from 27Sep21]
(a) A part-time employee is an employee who works an agreed number of regular hours that is less than the ordinary hours of work specified in clause 8 of this award.
(b) A part-time employee receives, on a pro rata basis, equivalent pay and conditions to full-time employees in the same classification. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this award.
[6.3(c) varied by PR733964 from 27Sep21]
(i) the prescribed weekly hours of duty;
(e) Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing under clause 6.3(d) will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to full-time hours unless a further period of part-time employment is approved.
(f) The pattern of hours specified under clause 6.3(d)(ii) will be no less than three hours per day of attendance (or an alternative period agreed by the Secretary and the employee) and will be continuous on any one day.
(g) The prescribed weekly hours and the pattern of hours specified under clause 6.3(d) will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.
(h) Access to part-time employment following maternity leave
An employee returning to duty from maternity leave will, on application by the employee, be given access to part-time employment.
6.4 Irregular or intermittent employment
[6.5 renumbered as 6.4 by PR733964 from 27Sep21]
[6.4(a) substituted by PR733964 from 27Sep21]
(a) An irregular or intermittent employee is an employee who:
(i) is a casual employee; and
(ii) works on an irregular or intermittent basis.
(c) Irregular or intermittent loading
An irregular or intermittent employee will also be paid a casual loading of 25% of that rate in lieu of paid leave entitlements (other than long service leave), notice of termination of employment and redundancy benefits, Public Holidays and the holiday described in clause 21.
(d) The following provisions of this award do not apply to irregular or intermittent employees:
(i) clause 15 – Annual leave;
(ii) clause 20 – Public Holidays;
(iii) clause 21 – Additional Holiday;
(iv) clause 22 – Termination of employment; and
(v) clause 23 – Redundancy.
6.5 Changes to casual employment status
[New 6.5 inserted by PR733964 ppc 27Sep21; renamed and substituted by PR777381 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 25—Dispute resolution.
7.1 Appropriate classification
For the classification structures contained in clause 10 (Minimum pay rates), assessment of the appropriate structures and levels will be consistent with the relevant Work Level Standards (WLS). The WLS will be applied in accordance with Parliamentary Service classification arrangements (refer section 23 of the Parliamentary Service Act 1999). Any proposed variation to the WLS will be the subject of consultation in accordance with clause 24.
8. Ordinary hours of work and rostering
8.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
8.2 Ordinary hours of work – day workers
(a) Definition
A day worker is a worker who is not defined as a shiftworker.
The ordinary hours of work for a full-time employee will be 36.75 hours per week.
(c) The ordinary hours of work in clause 8.2(b) may be averaged over a period of up to 28 days or the employee’s roster cycle (whichever is longer), arranged according to the requirements of the particular Department.
Subject to clause 8.2(e), the ordinary hours of work may be worked between the hours of 8.00 am and 6.00 pm, Monday to Friday.
(f) No employee will be required to work more than 10 ordinary hours on any one day.
(g) Ordinary hours must be worked continuously, except for meal breaks.
(h) Where an employee is entitled to a rostered day off, a supervisor and employee may agree to alternative rostered day(s) off (including taking the time off as part days).
For an employee classified as an editor, the commencing and finishing times of ordinary duty will be determined by the Secretary. The ordinary hours will be worked continuously except for meal breaks at the discretion of the Secretary.
(j) Flextime
Flextime is a system which allows an employee to set a pattern of attendance at work. Flextime systems will operate consistent with the provisions of clauses 8.2(j)(i) to 8.2(j)(iii).
(ii) The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the Secretary and the employee. An employee’s attendance outside the hours of a standard day but within the span of hours will be subject to the availability of work and the approval of the Secretary.
(iii) Flextime will not apply to employees who are:
· required to work according to a shift roster;
· required to work a 38 hours week and who are entitled to a rostered day off in a regular cycle;
· removed from flextime for a specified period because that employee has failed to comply with the provisions of flextime; or
· in a classification where the rate for the classification is above the salary barrier, unless they work flextime by arrangement with their Secretary.
(iv) Flextime definitions:
· Standard day, for the purposes of flextime is 7 hours and 21 minutes per day, for an employee who works 36.75 hours per week;
· Settlement period means the ordinary working days over which calculations are made to determine flex credit or flex debit carry over;
· Flex credit means the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including any carry over, but does not include time worked as overtime; and
· Flex debit means the difference between the sum of the standard days in a settlement period and the aggregate amount of time worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after any necessary adjustment has been made for any absence on approved leave and includes any carry over.
8.3 Ordinary hours of work – Gardening Employees and Maintenance Employees
(a) This clause 8.3 applies to employees in the following classifications:
(i) Maintenance; and
(ii) Gardener.
(b) Hours
The ordinary hours of work for a full-time employee will not exceed 38 hours per week or an average of 38 hours per week averaged over a period of up to 28 days or the employee’s roster cycle (whichever is longer) arranged according to the requirements of the particular Department.
(c) Span of hours
Subject to 8.3(d), the ordinary hours of work may be worked between the hours of 6.30 am and 6.00 pm, Monday to Friday.
(d) An alternative 12 hour span of hours may be adopted by agreement between the Secretary and a majority of the employees concerned, subject to clause 5 (Facilitative provisions).
(e) No employee will be required to work more than 10 ordinary hours on any one day.
(f) Ordinary hours must be worked continuously, except for meal breaks.
The 38 ordinary hours of work per week will be worked by rostering employees off one day in each four weekly cycle. The rostered day off in each four week cycle will be contiguous with a normal rostered day or days off. A supervisor and employee may agree to alternative rostered day(s) off (including taking the time off as part days).
(h) The entitlement to a rostered day off on full pay is subject to the following:
(i) Each day of paid leave taken (not including long service leave and workers’ compensation leave) and any Public Holiday occurring during any cycle of four weeks will be regarded as a day worked for accrual purposes, provided that in the case of paid leave eight hours is deducted for each day of absence.
(ii) An employee who has not worked a complete four week cycle in order to accrue a rostered day off will be paid a pro rata amount in lieu of being provided with a rostered day off.
(i) On termination of employment an employee who has not worked a complete 4 week cycle, since the last rostered day off, will be paid a pro rata amount.
(k) The provisions of clause 8.3(g) to 8.3(j) may be varied in respect of specific work areas, by agreement of the majority of employees and the Secretary.
8.4 Ordinary hours of work—shiftworkers
Definition
(a) Shiftworker is defined in Schedule E of this award.
Hours
(b) The ordinary hours of work for shiftworkers will not exceed 38 hours per week or an average of 38 hours per week, averaged over a period of 28 days, or the employee’s roster cycle (whichever is longer). The ordinary hours must be worked continuously except for meal breaks.
(c) Except at regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.
Rosters
(d) Shift rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.
(f) Subject to the provisions of clause 5 (Facilitative provisions), Departments may introduce 12 hour shifts, provided written agreement of a majority of affected employees is obtained.
Change of shift
(g) Subject to the provisions of clause 24.3, changes to rostered hours of duty can be by mutual consent at any time or by amendment of the roster on seven days’ notice.
(i) The penalty rates in clause 8.4(h) are not payable where a Department is unable to give 7 days’ notice because of the sickness or unanticipated absence of another employee.
8.5 Make-up time
An employee may elect, with the consent of the Secretary, to work make-up time where the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
8.6 Sitting/sessional week for Maintenance or Gardens Staff
The shift roster during a sitting/sessional week will operate only when required and it may be for four afternoon shifts and one day shift.
8.7 Shift rosters for Maintenance or Gardens Staff
The shift roster will specify the employees, the commencing and finishing time of ordinary duty and will be advised no later than seven days before the start of the working week.
8A. Employee right to disconnect
[8A inserted by PR778129 from 26Aug24]
8A.1 Clause 8A 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.
8A.2 Clause 8A 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.
8A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
8A.4 Clause 8A.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 for restriction duty under clause 14.10; 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 restriction duty.
8A.5 Clause 8A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 8.4(i); or
(b) a recall to work under clause 14.9.
An employee must not be required to work for more than five hours without a break for a meal.
9.2 Gardening or Maintenance Employees
Where a Gardening Employee or Maintenance Employee is:
(a) entitled to a break (as required by clause 9.1) during a meal period; and
(b) is directed to perform work during that meal period,
the employee will be paid at the rate of 150% of the employee’s Ordinary hourly rate until the employee commences a meal break.
[Varied by PR581289, PR582171, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039]
10.1 Employees performing work within the classifications listed in this clause 10, will be paid not less than the hourly rate applicable to the employee’s classification.
10.2 The minimum annual salary for a classification is calculated by reference to the following formula:
(a) Employees working a 36.75 hour week
Annual Salary = Minimum Hourly Pay Rate x 73.50 x (313/12)
(b) Employees working a 38 hour week
Annual Salary = Minimum Hourly Pay Rate x 76 x (313/12)
10.3 Parliamentary Service classifications
[10.3 varied by PR581289; corrected by PR582171; varied by PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
The minimum hourly pay rate for an adult employee performing work in the following classifications, other than an employee performing work covered by clauses 10.4 and 10.5, is set out in the following table.
|
Minimum annual pay rate |
Minimum hourly pay rate |
|
|
Classifications on a 36.75 hour week |
||
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
50,996 |
26.60 |
|
Australian Parliamentary Service Level 2 |
55,213 |
28.80 |
|
Australian Parliamentary Service Level 3 |
59,987 |
31.29 |
|
Australian Parliamentary Service Level 4 |
63,706 |
33.23 |
|
Australian Parliamentary Service Level 5 |
68,882 |
35.93 |
|
Australian Parliamentary Service Level 6 |
72,678 |
37.91 |
|
Australian Parliamentary Executive Level 1 |
82,379 |
42.97 |
|
Australian Parliamentary Executive Level 2 |
89,338 |
46.60 |
|
PARLIAMENTARY SECURITY ATTENDANTS |
|
|
|
Parliamentary Security Attendant (Entry Level) |
54,389 |
28.37 |
|
Parliamentary Security Attendant (Operational) |
55,213 |
28.80 |
|
Parliamentary Security Attendant (Supervisor) |
59,987 |
31.29 |
|
Principal Parliamentary Security Attendant |
63,706 |
33.23 |
|
HANSARD |
|
|
|
Editor Level 1 |
73,733 |
38.46 |
|
Editor Level 2 |
82,379 |
42.97 |
|
Principal Editor |
96,297 |
50.23 |
|
Classifications on a 38 hour week |
||
|
MAINTENANCE EMPLOYEES |
|
|
|
Assistant Maintenance Officer |
54,712 |
27.60 |
|
Maintenance Officer Grade 1/2 |
57,250 |
28.88 |
|
Maintenance Officer Grade 3 |
64,089 |
32.33 |
|
Works Organiser |
70,115 |
35.37 |
|
Maintenance Project Officer |
74,238 |
37.45 |
|
GARDENING EMPLOYEES |
|
|
|
Parliamentary Gardener Grade 1/2 |
54,375 |
27.43 |
|
Parliamentary Gardener Grade 3 |
61,274 |
30.91 |
|
Parliamentary Gardener Grade 4 |
63,534 |
32.05 |
|
Supervisory Gardener |
69,560 |
35.09 |
(a) Employees who are younger than 21 years of age and who are employed in the classifications of:
(i) Parliamentary Service level 1; and
(ii) Cadet Parliamentary Service - practical training,
will be entitled to a percentage of the applicable adult minimum hourly pay rate for the classification as follows:
|
Under 18 years |
60% |
|
At 18 years |
70% |
|
At 19 years |
81% |
|
At 20 years |
91% |
Cadets - Full-time study rates
(a) A Cadet Parliamentary Service, during periods of full-time study, will be paid no less than 57% of the minimum hourly pay rate (including junior rates where applicable) that would be payable to the Cadet if they were performing practical training.
(b) Apprentices (other than adult apprentices) who commenced their apprenticeships before 1 January 2014 will be paid a percentage of the Standard rate as follows:
|
Length of service as an apprentice |
% of Parliamentary Service level 2 rate |
|
1st year of service |
48% |
|
2nd year of service |
55% |
|
3rd year of service |
75% |
|
4th year of service |
88% |
(c) Apprentices (other than adult apprentices) who commenced their apprenticeships after 1 January 2014 will be paid a percentage of the Standard rate as follows:
|
Length of service as an apprentice |
|
% of Parliamentary Service level 2 rate |
|
|
Completed Year 12 |
Not completed Year 12 |
|
1st year of service |
53% |
50% |
|
2nd year of service |
60% |
60% |
|
3rd year of service |
75% |
75% |
|
4th year of service |
92% |
88% |
(d) Apprentices (other than adult apprentices) who commenced their apprenticeships on or after 1 January 2015 will be paid a percentage of the Standard rate as follows:
|
Length of service as an apprentice |
|
% of Parliamentary Service level 2 rate |
|
|
Completed Year 12 |
Not completed Year 12 |
|
1st year of service |
55% |
50% |
|
2nd year of service |
65% |
60% |
|
3rd year of service |
75% |
75% |
|
4th year of service |
92% |
88% |
(e) Adult apprentices who commenced their apprenticeships on or after 1 January 2014 will be paid a percentage of the Standard rate as follows:
|
Length of service as an apprentice |
% of Parliamentary Service level 2 rate |
|
1st year of service |
80% |
|
2nd year of service |
86% |
|
3rd year of service |
88% |
|
4th year of service |
92% |
(f) A person employed under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 10.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(g) Apprentices undertaking trade training consistent with their apprenticeship training requirements or indentures will do so without loss of pay. All fees paid by apprentices will be reimbursed, subject to satisfactory progress.
10.6 Payment
Unless otherwise agreed between the Secretary and the majority of employees in a Department, employees will be paid fortnightly.
10.7 Higher duties
Where an employee has been directed to temporarily perform duties at a higher classification level the following provisions apply:
(a) Higher duties allowance
An employee directed to perform all or part of the duties of a higher classification will be paid an allowance equal to the difference between the employee’s own hourly pay rate and the hourly pay rate the employee would receive if promoted to the higher classification or an alternative amount determined by the Secretary where partial performance is directed. When calculating an employee’s Ordinary hourly rate, higher duties allowance (if payable) will be included.
(b) Minimum period
An employee who is directed to perform continuous higher duties for at least a half day will be regarded as being on higher duties for that full day. The performance of higher duties for less than half a day will be disregarded for all purposes.
(c) Salary barrier
An employee who performs higher duties at a classification above the salary barrier, for a period of less than one week, will not be paid an allowance, and that period will not count as service at the higher classification unless the Secretary considers special circumstances exist which justify payment of the allowance.
(d) Higher duties allowance on leave
Where an employee is absent on paid leave or observes a Public Holiday, or a holiday under clause 21, and has been directed to perform duties at a higher classification, payment of a higher duties allowance will continue during the absence as if the employee was at work, to the extent of the continued operation of the direction. If the period of paid leave is on less than full pay, the payment of the higher duties allowance is adjusted accordingly.
10.8 Supported salary payments for employees with a disability
See Schedule C.
10.9 National training wage
See Schedule D.
|
Classification |
NTW Skill Level |
|
Trainee Parliamentary Service (Administrative) |
Skill Level A |
[Varied by PR581300, PR581289, PR592397, PR592248, PR606471, PR606620, PR704183, PR707801, PR707587, PR718963, PR719114, PR729410, PR729588, PR740834, PR740992, PR762254, PR762420, PR774039, PR774205]
11.1 Eligibility for allowances
Allowances set out in this clause 11 will apply to all eligible employees, unless otherwise specified. To obtain a weekly rate for an allowance that is calculated by multiplying the Standard rate by a percentage, first multiply the Standard rate by ordinary weekly hours.
11.2 Allowance rates
Employers must pay to an employee such allowances as the employee is entitled to under this clause. See Schedule B for a summary of monetary allowances.
11.3 Application of allowances
Unless specified in this clause 11, allowances:
(a) in clauses 11.13 to 11.17 will be included when calculating an employee’s Ordinary hourly rate; and
(b) other than those specified in clause 11.3(a) are not included in an employee’s Ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates); and
(c) are cumulative (that is, an employee can be paid more than one allowance).
11.4 Cadets books and equipment
An employee who is employed as a cadet under this award will be reimbursed (on production of receipts) all compulsory fees and reasonable expenses incurred for books and equipment.
(a) An eligible employee is entitled to be paid:
(i) the cost of transport of the employee, dependants and partner by the most economical means. Where this is by private motor vehicle, the employee will be entitled to payment under clause 11.7—Vehicle allowance;
(ii) the reimbursement of reasonable incurred costs of the removal of furniture and household effects of the employee, dependants and partner;
(iii) the reimbursement of the cost of the insurance premium based on a reasonable replacement value for the furniture and household effects; and
[11.5(a)(iv) varied by PR729588, PR740992, PR762420, PR774205 ppc 01Jul24]
(iv) the reasonably incurred expenses in kennelling and transporting a pet or pets, to a maximum of $247.49.
For the purposes of this clause, an eligible employee means an employee relocated from one locality to another:
(i) where the move is determined to be in the interest of the Parliamentary Service or on promotion;
(iii) for a period of not less than 13 weeks as a result of a temporary assignment of duties at a higher classification; or
[11.6(a)(i) varied by PR592397, PR606620, PR704183, PR707801, PR719114, PR729588, PR740992, PR762420, PR774205 ppc 01Jul24]
(a) Where the household effects of an eligible employee under clause 11.5(b)(i) to 11.5(b)(ii) are removed from one locality to another as a consequence of the employee’s relocation for a period of 12 months or more, the employee will also be entitled to:
(i) the payment of a single payment of disturbance allowance to offset non-reimbursed costs associated with the removal:
|
Disturbance allowance |
$ |
|
Employee without dependants or partner |
713.99 |
|
Employee with one or more dependants or a partner |
1496 |
|
Additional payment for each full-time student(s) dependent child(ren) |
283.49 |
(iii) reimbursement of expenses incurred in respect of one motor vehicle owned by the employee for stamp duty on registration, establishment fee for the transfer of the employee’s driving licence, and establishment fee for the transfer of the vehicle’s registration.
(a) Where a Secretary requires an employee to use their own vehicle in or in connection with the performance of their duties, the employee will be paid an allowance for each kilometre of authorised travel as stated in Schedule 1 to the Income Tax Assessment Regulations 1997 as varied from time to time.
(b) The payment of vehicle allowance to an employee based at home will be calculated from the employee’s office based site.
(c) Carriage of goods or passengers
[11.7(c) varied by PR606620, PR729588, PR740992, PR762420, PR774205 ppc 01Jul24]
Where an employee is authorised to use a private motor vehicle for the transport or haulage of goods or materials weighing 100 kilograms or more and/or the conveyance of passengers, the costs of which would otherwise be met by the Secretary, the employee will be paid an additional allowance of $0.0134 cents per kilometre.
(a) Requirement to travel
Where the Secretary requires an employee in the course of duties to be absent overnight or for part of the day, the employee will be paid an allowance to cover reasonable travelling, accommodation, meal or other incidental expenses. Where practicable, the allowance will be paid in advance of undertaking the travel. The applicable allowance rate will be that determined by the Australian Taxation Office as a reasonable amount for the locality visited. This clause does not apply if the expenses are paid for by the employer.
(b) Rates of travelling allowance - more than 21 days
After an employee has resided in the one locality for a period of 21 days, the employee will be reimbursed equal to the amount expended on accommodation, meals and incidentals, or an amount considered to be reasonable in the circumstances.
11.9 Excess travel time
(a) Where an employee is directed to work temporarily at a location other than their normal place of employment, and as a result spends more time travelling to their temporary place of work than they spent travelling to their usual place of work they will be entitled to the payment for the excess travel time or time off in lieu during normal hours of duty for that time subject to:
(i) the employee’s salary not exceeding the rate for an Australian Parliamentary Service Level 4;
(ii) the additional travel time being at least 30 minutes in travel per day, or two and one half hours in any fortnight; and
(iii) the payment not exceeding five hours in any one day.
(b) The rate of payment will be single time on Mondays to Saturdays and time and a half on Sundays and Public Holidays.
(c) Payment of salary will include any higher duties allowance.
11.10 Excess fares
An employee working temporarily at a location other than their normal place of employment, and who as a result incurs costs greater than the cost of travelling to and from their usual place of work, will be entitled to the reimbursement of excess fares as long as they are not in receipt of travelling allowance. The payment of excess fares to an employee based at home will be calculated from the employee’s office based site.
(a) An employee who is entitled to receive overtime payments and who works overtime after the end of ordinary work for the day, to the completion of or beyond a meal period, without a break for a meal, will be paid a meal allowance at the applicable rate set by the applicable determination made by the Australian Taxation Office as being the reasonable amount for meal allowance expenses, in addition to any overtime.
(b) A meal allowance is also payable to an employee who:
(i) is required, after the completion of the employee’s ordinary hours of work for the day, to perform duty after a break for a meal which occurs after that completion and is not entitled to payment for that break;
(ii) is required to perform duty before the commencement of ordinary hours of work, who breaks for a meal and is not entitled to payment for that break; or
(iii) is required to perform work on a Saturday, Sunday or Public Holiday, in addition to the employee’s normal weekly hours of work, extending beyond a meal break and is not entitled to payment for that meal break.
Where the Secretary determines that an employee is to be paid an allowance for footwear which is required to be used for the performance of duty the allowance payable will be no greater than $188.78 per year.
11.13 Tool allowance for maintenance employees
[11.13(a) varied by PR592397, PR606620, PR704183, PR707801, PR719114, PR729588, PR740992, PR762420, PR774205 ppc 01Jul24]
(a) Where the Secretary does not provide all tools necessary for the performance of employee’s duties, the employee (including an apprentice) will be paid an allowance of $36.74 per week. An apprentice will be eligible for a percentage of the allowance based on the percentages contained in clause 10.5(b) to 10.5(e).
(b) Reimbursement for the loss or damage or tools owned by an employee, which are authorised to be used for work purposes, will not exceed the agreed value of the identified tool list supplied to the Department.
[11.14 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications, such as a certificate from St John Ambulance or a similar body, must be paid an allowance of $14.78 per week if appointed by the Secretary to perform first aid duties.
11.15 Community language allowance
(a) Criterion
[11.15(a) varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410. PR740834, PR762254, PR774039 ppc 01Jul24]
Where, in providing client or employee services, the Secretary determines there is a continuing need to utilise an employee’s particular language skills for communication (in languages other than English including deaf communication skills) and the employee’s language competence is of a standard set out in the table below, an allowance is payable in accordance with the rate adjacent to that standard.
|
Standard |
Level of competence |
Allowance |
|
CLA Rate 1 |
An employee who has adequate language skills, as determined by an individual or body approved by the Secretary, for simple communication. |
25.27 |
|
CLA Rate 2 |
An employee who: • is certified by the National Accreditation Authority for Translators and Interpreters (NAATI) as a Translator or Interpreter at any level; or • is assessed to be at the equivalent levels by an individual or body approved by the Secretary. |
50.56 |
A Maintenance Officer or Works Organiser in the Plumbing or the Electrical Trades who holds a current licence issued by the appropriate Licencing Authority will be paid a weekly licence allowance, counting for all purposes, as follows:
[11.16(a) varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
(a) Plumbing Trade: $38.43; and
[11.16(b) varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
(b) Electrical Trade: $31.22.
11.17 Employees in charge – gardening or maintenance employees
[11.17 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
An allowance, counting for all purposes, will be paid to Gardening or Maintenance employee, who is employed in a classification below the classification level of either Supervisory Gardener or a Works Organiser, who are required by the Secretary to supervise the or direct the work of employees. The allowance will be paid as follows:
|
Number of employees under Supervision or Direction |
$ per annum |
|
One but not more than five |
2775.19 |
|
Six but not more than ten |
3519.76 |
|
More than ten |
4690.10 |
[Varied by PR771422]
12.1 Superannuation legislation
[12.1 substituted by PR771422 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), the Superannuation Benefits (Supervisory Mechanisms) Act 1990, the Superannuation (Resolution of Complaints) Act 1993 (Cth), the Superannuation Act 1976, the Superannuation (Productivity Benefit) Act 1988, the Superannuation Act 1990 and the Superannuation Act 2005 deal with the superannuation rights and obligations of employers and employees in the Parliamentary Service.
(b) If an employee is a member of the Commonwealth Superannuation Scheme, the Public Sector Superannuation Schemes, the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with the relevant legislation relating to those arrangements.
(c) The rights and obligations in clause 12 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) 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.
13. Penalty rates – shiftworkers
13.1 General
(a) Shift penalty payments will not be taken into account in the computation of overtime or in the calculation of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this award.
(b) For the purposes of calculating penalty rates, an employee’s ordinary rate will be considered to include any higher duties allowance for the shift.
13.2 A shiftworker will be paid the following penalty rates for all ordinary hours worked by the shiftworker during the following periods.
|
Ordinary hours worked: |
Penalty rate |
Irregular or intermittent penalty rate |
|
|
Ordinary hours – no penalty rate |
See clause 8.4 |
Ordinary hourly rate (100%) |
Ordinary hourly rate plus irregular or intermittent loading (125%) |
|
Night |
Where any part of the shift falls between 6.00 pm and 6.30 am |
115% |
140% |
|
Night – Maintenance Employees |
Where any part of the shift worked by a maintenance employee falls between 6.00 pm and 6.30 am |
120% |
145% |
|
Night – Gardening Employees |
Where any part of the shift worked by a maintenance employee falls between 6.00 pm and 6.30 am in a sitting/sessional week |
120% |
145% |
|
Continuous Night |
Where shifts falls wholly within the period 6.00 pm to 8.00 am and are worked for a period exceeding four weeks |
130% |
155% |
|
Saturday |
All hours |
150% |
175% |
|
Sunday |
All hours |
200% |
225% |
|
Public Holiday or Additional Holiday |
All hours |
250% |
275% |
See Schedule A – Summary of hourly rates of pay for a summary of rates of pay including penalties.
13.3 The Saturday, Sunday and Public Holiday or Additional Holiday penalty rates are in substitution for and not cumulative upon the Night or Continuous Night penalty rates.
13.4 Continuous night
(a) Part-time shiftworkers will be entitled to the Continuous Night penalty rate only where:
(i) the employee’s rostered ordinary duty involves working no fewer shifts each week, or no fewer shifts a week on average over the shift cycle, than an equivalent full-time employee; and
(ii) the shift worked by a part-time employee is part of a full-time shift, and the full-time shift falls wholly within the hours of 6.00 pm and 8.00 am.
13.5 Holidays
(a) Holidays are as prescribed in clauses 20 and 21. Work on December 25, whether or not another day has been declared as a substitute holiday, except as provided for in clause 20.2, will be considered a holiday.
(c) Where it is not practicable to grant a day off under clause 13.5(b), the employee will be paid one day’s pay at the ordinary rate.
(d) The minimum additional payment payable for ordinary duty performed on a holiday for each separate attendance will be four hours.
(e) The minimum additional payment will not apply to holiday ordinary hours of work which, disregarding meal periods, is continuous with ordinary hours of work occurring on the day before or on the day after the holiday.
(f) Work broken by a meal period will not constitute a separate attendance.
(g) Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained at work from the commencing time of work on one attendance to the ceasing time of work on a following attendance.
(h) An employee who is in a restriction situation will be entitled to a minimum payment, as specified under clauses 14.10(g) and 14.10(h).
13.6 Averaging of shift penalties
The Secretary and affected employees may consider a proposal that shift penalties calculated under clause 13.2 be averaged over an agreed cycle.
14. Overtime and penalty rates
14.1 Overtime to be reasonable
An employee may be called for duty at any time required subject to the hours being considered to be reasonable in accordance with section 62 of the Act. In accordance with section 62 of the Act, an employee may refuse to work additional hours if they are unreasonable. Overtime is to be worked by prior direction or, if circumstances do not permit prior direction, subsequently approved in writing.
14.2 General provisions
(a) For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods will be disregarded.
(b) An employee’s salary for the purpose of calculation of overtime will include any allowance which is payable during a period of annual leave.
14.3 Definition of overtime – employees other than shiftworkers
(a) Full time employees
Work will be considered overtime for an employee who is not a shiftworker, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:
(i) Monday to Friday, outside the span of ordinary hours;
(ii) Monday to Friday, during the span of ordinary hours but beyond the length of time the employee is ordinarily required to work on the day concerned; or
(iii) on a Saturday, Sunday or a holiday.
(b) Part time employees
Work will be considered overtime for a part-time day worker in a classification where the rate for the classification is below the salary barrier, where an employee is directed to perform work:
(i) which is not continuous with an employee’s ordinary hours of work as prescribed at clause 6.3(a);
(ii) on any day which is continuous with an employee’s ordinary hours of work as prescribed at clause 6.3(a), and in whole or in part, falls outside the period 6.00 pm to 8.00 am, where the employee also completes the ordinary hours of duty on that day; or
(iii) which is continuous with an employee’s ordinary hours of work, and falls wholly within the period 6.00 pm to 8.00 am and exceeds, in any one week, that employee’s prescribed weekly ordinary hours of work as prescribed at clause 6.3(a).
(c) Irregular or intermittent employees
Work will be considered overtime for an irregular or intermittent employee, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:
(i) Monday to Friday, outside the span of ordinary hours;
(ii) on a Saturday, Sunday or a holiday; or
(iii) in excess of the full-time ordinary hours in a week for the employee's classification.
14.4 Overtime rates – employees other than shiftworkers
(a) Where an employee works overtime the employer must pay the employee the overtime rates as follows:
|
For overtime worked on |
Overtime time rate |
|
Monday to Saturday –first three hours |
150% |
|
Monday to Saturday –after three hours |
200% |
|
Sunday all day |
200% |
|
Public Holiday or Additional Holiday all day |
250% |
(b) The casual loading set out in clause 6.4(c) is not paid for overtime.
14.5 Definition of overtime – shiftworkers
(a) Shiftworkers
Work will be considered overtime for a full time shiftworker in a classification where the rate for the classification is below the salary barrier, where:
(i) it is performed on any day which is outside the normal rostered ordinary hours of duty on that day; or
(ii) it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.
(b) Part time shiftworkers
Work will be considered overtime for part time shiftworker in a classification where the rate for the classification is below the salary barrier, where:
(i) it is performed on any day beyond the normal rostered hours of duty on that day; and
(ii) it is performed in excess of the employee’s prescribed weekly ordinary hours of work under clause 6.3(a).
(c) Irregular or intermittent shiftworkers
Work will be considered overtime for an irregular or intermittent shiftworker, in a classification where the rate for the classification is below the salary barrier, where it is performed:
(i) on any day beyond the normal rostered hours of duty on that day; or
(ii) in excess of 38 hours in a week or an average of 38 hours per week over a cycle of shifts.
14.6 Overtime rates – shiftworkers
|
For overtime worked on |
Overtime time rate |
|
Monday to Friday – first three hours |
150% |
|
Monday to Friday – after three hours |
200% |
|
Saturday and Sunday all day |
200% |
|
Public Holiday or Additional Holiday all day |
250% |
(b) The casual loading set out in clause 6.4(c) is not paid for overtime.
(i) the overtime rate (see clause 14.6(a)); and
(ii) the irregular or intermittent penalty rate (see clause 13.2).
(d) The provisions of clause 14.9 (Emergency duty) will not apply to employees whose work for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.
14.7 Rest period after overtime
(c) The provisions of 14.7(a) and 14.7(b) do not apply to overtime worked in the circumstances covered by clause 14.9 (Emergency Duty) unless the actual time worked is at least three hours on each call.
14.8 Minimum overtime payments
(a) The following minimum overtime payments apply unless the duty is emergency duty in accordance with clause 14.9.
(b) An employee required to return to work overtime after leaving their place of work must be paid a minimum of four hours’ pay at the appropriate overtime rate for each time they are recalled.
(c) An employee who performs overtime while in a restriction situation under clause 14.10 will be entitled to a minimum overtime payment as specified in those provisions.
(d) Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a following attendance.
(e) Where an overtime attendance, not continuous with ordinary hours of work, involves duty both before and after midnight, the minimum payment provisions of this subclause will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.
Where an employee, in a classification where the rate for the classification is below the salary barrier, is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given to the employee prior to ceasing ordinary hours of work, the employee will be paid for such emergency duty at the rate of double time. The time for which payment will be made will include time necessarily spent in travelling to and from duty. The minimum payment under this subclause will be two hours at double time. The provisions of this clause do not apply to shiftworkers whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.
An employee may be directed to be contactable and to be available to perform extra duty outside of the employee’s ordinary hours of work, subject to payment under this clause.
(a) Payment will be subject to the following conditions:
(i) except with the approval of the Secretary, employees ineligible for overtime payment under clause 14.12 will not be eligible to receive payment; and
(ii) the restriction situation will be imposed by the prior written direction of the Secretary, or will subsequently be approved in writing by the Secretary where the circumstances did not permit prior direction.
(iii) the provisions of clause 14.9 (Emergency duty) will not apply where an employee is recalled to duty while restricted.
(b) An employee who is required to remain contactable and available to perform extra duty outside the employee’s ordinary hours of duty must, subject to clause 14.10(a) be paid an allowance:
(i) at a rate of 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
(ii) at a rate of 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and
(iii) at a rate of 15% of the employee’s hourly rate of salary for each hour restricted on holidays under clauses 20 and 21.
(c) An employee’s salary for the purpose of calculation of the allowance under clause 14.10(b) must include higher duties allowance and any other allowances in the nature of salary. An allowance in the nature of salary is any allowance which is payable during a period of annual leave.
(d) Where approval has been made for payment under clause 14.10(a)(i) to an employee in a classification where the rate for the classification is above the salary barrier, the salary will be the pay rate payable to an Australian Parliamentary Service Level 6 employee.
(e) The allowance under this subclause will be payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of work.
(f) Any part of a period of restriction for which the employee receives another payment will not be included for calculating payments under clause 14.10(b).
(i) Notwithstanding the provisions of this clause, where an employee is placed in a restriction situation outside of the employee’s ordinary hours of duty, the employee may be paid at an alternative rate having regard to the circumstances of the restriction situation.
14.11 Absence from duty instead of overtime
(a) Time off may be granted in lieu of overtime where the Secretary and the employee agree, on an “hour for hour” basis, with an entitlement to a residual payment, or on a penalty time basis. For example, three hours’ time off plus three hours pay at half time, in lieu of three hours overtime at time and a half, or alternatively four and a half hours’ time off in lieu of pay.
(b) Where time off in lieu of a payment has been agreed, and the employee has not been granted that time off within four weeks, or another agreed period, due to operational requirements, payment of the original entitlement will be made.
(c) Where an employee performs a full day’s duty on Sunday, in addition to the employee’s prescribed ordinary hours of work for the week, the employee will, wherever practicable, be granted a day off during the following week. Where this occurs, an employee who is eligible for the payment of overtime will be paid an additional one day’s pay in lieu of the provisions of clauses 14.4 (for a day worker) or 14.6 (shiftworker).
14.12 Provisions for employees at or above Parliamentary Executive Level 1 rate
(b) In the case of part-time employees in the category in clause 14.12(a), extra work will be paid at the employee’s normal hourly rate in respect of work performed outside the ordinary hours of work as prescribed at clause 6.3(a), subject to the total of ordinary hours of work and extra work not exceeding:
(i) on any day, a maximum of seven hours and 21 minutes ordinary hours of work as applicable to an equivalent full-time employee; and
(ii) in any week, a maximum of 36.75 hours ordinary hours of work and extra work as applicable to an equivalent full-time employee.
Part 6—Leave, Public Holidays and other entitlements
15.1 As provided for by the NES, an employee (other than an irregular or intermittent employee) is entitled to four weeks’ paid annual leave for each year of service.
15.2 Additional leave for certain shiftworkers
(a) Shiftworkers, as defined in clause 15.2(b) will be entitled to an additional half a day paid annual leave for each Sunday rostered, up to a maximum of 5 days per year. A rostered overtime shift of 3 hours or more which commences or ceases on a Sunday will count in the calculation.
(b) For the purpose of the additional leave provided for in clause 15.2(a), an employee will be considered a shiftworker if rostered to perform ordinary duty:
(i) outside the period 6.30 am to 6.00 pm, Monday to Friday, and/or
(ii) on Saturdays, Sundays or Public Holidays,
for an ongoing or fixed period.
(c) Part-time employees will be entitled to leave under clause 15.2(a) only where the employee has a shift pattern involving the regular performance of rostered duty on Sundays and Public Holidays and involving not less than 5 shifts per week or an average of not less than the number of shifts per week of an equivalent full-time employee.
15.3 Closedown
Where an establishment observes a closedown at Christmas or another holiday period, the Secretary may direct that an employee at that establishment will observe that period of close down unless required to attend for duty. Where available annual leave is insufficient to cover the period, leave without pay to count as service for all purposes will be granted.
15.4 Payment for annual leave
(a) An employee on annual leave will, for the period of the annual leave, be paid at the employee’s Ordinary hourly rate.
(b) A shiftworker on approved annual leave will, for the period of the annual leave, receive shift penalty payments in relation to any shifts the employee would have worked if the employee was not on approved annual leave.
15.5 Payment of accrued annual leave on termination of employment
Where employment ceases, the employee will be entitled to payment in lieu of accrued annual leave. Payment in lieu will be calculated using the employee’s final rate of salary, including allowances that would have been included during annual leave.
15.6 Payment of accrued annual leave on death
Where an employee dies, or the Secretary has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partner or the legal personal representative of the former employee of an amount that would have been paid if the employee had otherwise ceased employment.
15.7 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 15.7.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 15.7.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 15.7 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) when the payment is to be made.
(e) An agreement under clause 15.7 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 15.7 as an employee record.
Note 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 15.7.
Note 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 15.7.
16. Personal/carer’s leave and compassionate leave
16.1 Personal/carer’s leave and compassionate leave are provided for in the NES. The following provisions supplement the NES entitlement.
16.2 Employees who are entitled to paid personal/carer’s leave under the NES are entitled to accrue an additional five days of personal/carer’s leave per annum treated in accordance with the provisions of the NES.
16.3 An employee may be granted personal/carer’s leave with pay subject to available credits, without production of evidence, to the extent of five days in any calendar year. No more than three consecutive days of personal/carer’s leave may be taken without production of evidence.
16.4 Where paid personal/carer’s leave credits are exhausted, a Secretary may grant additional leave with or without pay. In exceptional circumstances and at the employee’s request, an employee may be granted leave without pay while paid personal/carer’s leave credits remain. To avoid doubt, this clause supplements the entitlement to two days unpaid carers’ leave per permissible occasion provided for by the NES.
16.5 An additional one day paid compassionate leave per occasion is provided to all employees other than irregular or intermittent employees.
16.6 One shift will be regarded as one day for the purpose of granting compassionate leave.
16.7 Paid personal/carer’s leave and compassionate leave will be paid at the employee’s Ordinary hourly rate.
17.1 Parental leave is provided for in the NES. These provisions supplement the entitlements in the NES.
17.2 A pregnant employee who is entitled to unpaid parental leave under the NES shall be paid the salary that the employee would have been paid for her ordinary hours as if she attended work for the first 12 weeks of the birth-related leave taken in association with that pregnancy.
17.3 A pregnant employee who:
(a) is not entitled to paid leave under clause 17.2; and
(b) at the commencement of birth-related leave taken in association with that pregnancy does not have 12 months’ continuous service; and
(c) attains 12 months’ continuous service during the first 12 weeks of birth-related leave,
will be entitled, for the remainder of that 12 week period, to be paid for her ordinary hours as if she attended for work.
17.4 Where an employee on unpaid parental leave applies for paid leave, and is eligible for that leave, the application will be granted.
17.6 In addition to the consultation and communication obligations under the NES, the employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
17.7 Obligations under the NES in respect of employees on unpaid parental leave will apply to employees on paid maternity leave as if the employee was on unpaid parental leave.
17.8 The amount of paid leave provided to an employee under clause 17.2 will be reduced by any period of paid maternity leave that an employee is granted under the Maternity Leave (Commonwealth Employees) Act 1973.
18.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.
18.2 Leave with pay may be granted to enable an employee (other than an irregular or intermittent employee) to attend court as a juror for the entirety of the employee’s jury service. Paid community service leave will be paid at the employee’s Ordinary hourly rate.
18.3 An employee (other than an irregular or intermittent employee) will be reimbursed reasonable expenses incurred by the employee in excess of the NES entitlement while attending court to serve as a juror.
18.4 Leave of absence granted under this clause will count as service for all purposes.
19. Aboriginal and Torres Strait Islander ceremonial leave
19.1 Aboriginal and Torres Strait Islander ceremonial leave without pay may be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes:
(a) connected with the death of a member of the immediate family or extended family; or
(b) for other ceremonial obligations under Aboriginal and Torres Strait Islander law.
19.2 An employee may be granted a maximum of 10 days of ceremonial leave in any two year period.
19.3 Aboriginal and Torres Strait Islander ceremonial leave granted is in addition to compassionate leave granted.
19.4 Aboriginal and Torres Strait Islander ceremonial leave granted does not count as service for any purpose.
20.1 Public Holidays are provided for in the NES. The following provisions supplement the NES.
20.3 If an employee is absent from work on a day or part-day that is a Public Holiday, the employee will be paid at the employee’s Ordinary hourly rate for the employee’s ordinary hours of work on that day or part-day.
20.4 Substitution of Public Holidays by agreement
(b) Where an employee cannot work on a day for which a substituted holiday has been granted under clause (a), the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.
21.1 An additional holiday within the Christmas/New Year period will apply to the first working day after the Boxing Day holiday according to the following table.
|
Christmas Day |
Additional Day |
|
Sunday |
Wednesday 28 December |
|
Monday |
Wednesday 27 December |
|
Tuesday |
Monday 31 December |
|
Wednesday |
Friday 27 December |
|
Thursday |
Monday 29 December |
|
Friday |
Tuesday 29 December |
|
Saturday |
Wednesday 29 December |
21.2 The additional holiday will be paid at the employee’s Ordinary hourly rate.
22.1 Notice of termination is provided for in the NES.
22.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of a Secretary 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 Secretary 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.
Redundancy pay is provided for in the NES. The following provisions supplement the NES.
23.1 Eligible employee
An ongoing Parliamentary Service employee not on probation is an eligible employee for the purposes of this clause.
23.2 Excess employee
An employee is an excess employee if:
(a) the employee is included in a class of employees employed in the Department, which class comprises a greater number of employees than is necessary for the efficient and economical working of the Department;
(b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the Department or changes in the nature, extent or organisation of the functions of the Department; or
(c) the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the Secretary has determined that the provisions of this clause apply to that employee.
An excess eligible employee whose employment is terminated will be entitled to be paid redundancy pay (which includes any NES entitlement) of a sum equal to two weeks’ salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, unless the NES provides a greater benefit.
Note: As at the date of commencement of the award, the NES provides for an entitlement to six weeks’ redundancy pay to an employee who has completed at least two years, but less than three years continuous service with an employer.
23.4 Minimum and maximum payments
The minimum sum payable as redundancy pay on termination will be four weeks’ salary and the maximum sum payable will be 48 weeks’ salary.
23.5 Pro rata entitlement
Redundancy pay will be calculated on a pro rata basis where the employee has worked part-time hours during the period of service and the employee has less than 24 years’ full-time service, subject to any minimum entitlement the employee has under the NES.
23.6 Service for redundancy pay purposes
For the purpose of calculating an entitlement in accordance with clause 23.3, “service” means:
(a) service in a Department or service as an Australian Public Service employee in a Department under the Public Service Act 1999;
(b) Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;
(c) service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes;
(d) service with the Australian Defence Forces;
(e) service in another organisation where:
(i) an employee was moved from that organisation to give effect to an administrative re-arrangement; or
(ii) an employee of that organisation is engaged as a Parliamentary Service employee as a result of an administrative re-arrangement and such service is recognised for long service leave purposes.
23.7 Service not to count as service for redundancy pay purposes
Any period of service which ceased by way of any of the grounds for termination specified in section 29 of the Parliamentary Service Act 1999 (including any additional grounds prescribed in the Parliamentary Service Determination 2013); or on a ground equivalent to any of these grounds; or through voluntary retirement at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit; will not count as service for redundancy pay purposes.
For the purposes of this clause, a redundancy benefit includes a payment made to an employee as redundancy pay under the NES.
23.8 Earlier periods of service
For earlier periods of service to count there must be no breaks between the periods except where the break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer.
23.9 Absences during a period of service
Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes.
23.10 Rate of payment - redundancy pay
For the purposes of calculating any payment under clause 23.3 or clause 23.4, ‘salary’ will include the following amounts:
(a) the employee’s full-time salary, adjusted on a pro rata basis for periods of part–time service;
(b) for an allowance to be included as salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty;
(c) additional payments for the performance of duties at a higher classification level are to be included in salary where the employee has been performing duties at the higher classification level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination; and
(d) shift penalties are to be included in salary where the employee has undertaken shift work and is entitled to shift penalties for 50% or more of the pay periods in the 12 months preceding the date on which the employee is given notice of termination. The employee is entitled to have the weekly average of the penalties payable over the 12 months immediately preceding the date on which the employee is given notice of termination included in salary.
23.11 Reduction in classification
Where the Secretary proposes to reduce an excess employee’s classification either:
(a) the employee will be given the same period of notice as the employee would have been entitled to receive if the employment had been terminated; or
(b) the Secretary may pay an amount to maintain the level of salary received by the employee at the date of notice of reduction in classification for the number of weeks of notice still owing. Such payments will be calculated in accordance with clause 23.10.
23.12 Period of notice - termination
Where an excess eligible employee is terminated, the period of notice will be four weeks. In the case of an employee over 45 years of age with at least five years continuous service the period of notice will be five weeks. Where the Secretary directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. In these circumstances, the employee will be paid compensation instead of notice for the unexpired portion of the notice period. The payments an employee would have received in respect of the ordinary time the employee would have worked during the period of notice, had the employment not been terminated, will be used in calculating any payment in lieu of notice.
23.13 Time off during notice period
An employee will be entitled to reasonable time off with full pay to attend necessary employment interviews, from the date the period of notice commences.
23.14 Expenses
Where clause 23.13 applies, and expenses to attend interviews are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774876 from 01Jul24]
23A. Workplace delegates’ rights
[23A inserted by PR774876 from 01Jul24]
23A.1 Clause 23A 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 23A.
23A.2 In clause 23A:
(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.
23A.3 Before exercising entitlements under clause 23A, 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.
23A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
23A.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.
23A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 23A.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.
23A.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 23A.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.
23A.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.
23A.9 Exercise of entitlements under clause 23A
(a) A workplace delegate’s entitlements under clause 23A 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 23A 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 23A 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 23A.
23A.10 Interaction with other clauses of this award
Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 23A, the entitlement under the other clause applies instead of the entitlement under clause 23A.
24. Consultation regarding major workplace change
24.1 Secretary to notify
(b) Significant effects include termination of employment; major changes in the composition, operation or size of the Secretary’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.
24.2 Secretary to discuss change
(a) The Secretary must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 24.1(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.
(b) The discussions must commence as early as practicable after a definite decision has been made by the Secretary to make the changes referred to in clause 24.1(a).
(c) For the purposes of such discussion, the Secretary 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. The Secretary is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s and/or the Parliament’s interests.
24.3 Consultation about changes to rosters or hours of work
(a) Where a Secretary proposes to change an employee’s regular roster or ordinary hours of work, the Secretary must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The Secretary must:
(i) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that the Secretary is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s and/or the Parliament’s interests;
(ii) invite the employee or employees affected to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);
(iii) commence the consultation as early as practicable; and
(iv) give prompt consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
25.1 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.
25.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 25.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
25.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
25.4 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.
25.7 Leave of absence to attend proceedings
Where the provisions of clause 25.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 25.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 25.2 and will not suffer any loss of pay in respect of the absence.
25.8 Leave of absence to attend courses
(a) To assist in the resolution of disputes in a Department, an employee who accompanies or represents another employee pursuant to clause 25.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Department.
(b) The specific training course will be agreed between the Secretary and the individual employee.
(c) A employee representative granted leave of absence under this clause 25.8 will not suffer any loss of pay.
Schedule A—Summary of hourly rates of pay
[Varied by PR581264, PR581289, PR582171, PR592248, PR594056, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039]
A.1 Interaction with allowances
A.1.1 Where an additional allowance will be included when calculating an employee’s Ordinary hourly rate, that allowance must be added to the Ordinary hourly rate prior to calculating penalties and overtime.
A.2 Full-time and part-time employees—day workers—ordinary rates
[A.2 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
|
Ordinary hourly rate |
|
|
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
26.60 |
|
Australian Parliamentary Service Level 2 |
28.80 |
|
Australian Parliamentary Service Level 3 |
31.29 |
|
Australian Parliamentary Service Level 4 |
33.23 |
|
Australian Parliamentary Service Level 5 |
35.93 |
|
Australian Parliamentary Service Level 6 |
37.91 |
|
Australian Parliamentary Executive Level 1 |
42.97 |
|
Australian Parliamentary Executive Level 2 |
46.60 |
|
Parliamentary Security Attendant (Entry Level) |
28.37 |
|
Parliamentary Security Attendant (Operational) |
28.80 |
|
Parliamentary Security Attendant (Supervisor) |
31.29 |
|
Principal Parliamentary Security Attendant |
33.23 |
|
Editor Level 1 |
38.46 |
|
Editor Level 2 |
42.97 |
|
Principal Editor |
50.23 |
|
Assistant Maintenance Officer |
27.60 |
|
Maintenance Officer Grade 1/2 |
28.88 |
|
Maintenance Officer Grade 3 |
32.33 |
|
Works Organiser |
35.37 |
|
Maintenance Project Officer |
37.45 |
|
Parliamentary Gardener Grade 1/2 |
27.43 |
|
Parliamentary Gardener Grade 3 |
30.91 |
|
Parliamentary Gardener Grade 4 |
32.05 |
|
Supervisory Gardener |
35.09 |
A.3 Full-time and part-time—day workers—overtime rates
[A.3 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
Monday to Saturday – first 3 hours |
Monday to Saturday – after 3 hours |
Sunday – all day |
Public holiday or additional holiday |
|
|
|
% of Ordinary hourly rate |
|||
|
150% |
200% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
39.90 |
53.20 |
53.20 |
66.50 |
|
Australian Parliamentary Service Level 2 |
43.20 |
57.60 |
57.60 |
72.00 |
|
Australian Parliamentary Service Level 3 |
46.94 |
62.58 |
62.58 |
78.23 |
|
Australian Parliamentary Service Level 4 |
49.85 |
66.46 |
66.46 |
83.08 |
|
Australian Parliamentary Service Level 5 |
53.90 |
71.86 |
71.86 |
89.83 |
|
Australian Parliamentary Service Level 6 |
56.87 |
75.82 |
75.82 |
94.78 |
|
Australian Parliamentary Executive Level 1 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Australian Parliamentary Executive Level 2 |
69.90 |
93.20 |
93.20 |
116.50 |
|
Parliamentary Security Attendant (Entry Level) |
42.56 |
56.74 |
56.74 |
70.93 |
|
Parliamentary Security Attendant (Operational) |
43.20 |
57.60 |
57.60 |
72.00 |
|
Parliamentary Security Attendant (Supervisor) |
46.94 |
62.58 |
62.58 |
78.23 |
|
Principal Parliamentary Security Attendant |
49.85 |
66.46 |
66.46 |
83.08 |
|
Editor Level 1 |
57.69 |
76.92 |
76.92 |
96.15 |
|
Editor Level 2 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Principal Editor |
75.35 |
100.46 |
100.46 |
125.58 |
|
Assistant Maintenance Officer |
41.40 |
55.20 |
55.20 |
69.00 |
|
Maintenance Officer Grade 1/2 |
43.32 |
57.76 |
57.76 |
72.20 |
|
Maintenance Officer Grade 3 |
48.50 |
64.66 |
64.66 |
80.83 |
|
Works Organiser |
53.06 |
70.74 |
70.74 |
88.43 |
|
Maintenance Project Officer |
56.18 |
74.90 |
74.90 |
93.63 |
|
Parliamentary Gardener Grade 1/2 |
41.15 |
54.86 |
54.86 |
68.58 |
|
Parliamentary Gardener Grade 3 |
46.37 |
61.82 |
61.82 |
77.28 |
|
Parliamentary Gardener Grade 4 |
48.08 |
64.10 |
64.10 |
80.13 |
|
Supervisory Gardener |
52.64 |
70.18 |
70.18 |
87.73 |
A.4 Full-time and part-time employees—shiftworkers—ordinary and penalty rates
[A.4 varied by PR581289; corrected by PR582171; varied by PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
Ordinary hours |
Night |
Night – Maint. |
Night -Gardening |
Continuous Night |
Saturday |
Sunday |
Public holiday or additional holiday |
|
|
|
% of Ordinary hourly rate |
|||||||
|
100% |
115% |
120% |
120% |
130% |
150% |
200% |
250% |
|
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
26.60 |
30.59 |
N/A |
N/A |
34.58 |
39.90 |
53.20 |
66.50 |
|
Australian Parliamentary Service Level 2 |
28.80 |
33.12 |
N/A |
N/A |
37.44 |
43.20 |
57.60 |
72.00 |
|
Australian Parliamentary Service Level 3 |
31.29 |
35.98 |
N/A |
N/A |
40.68 |
46.94 |
62.58 |
78.23 |
|
Australian Parliamentary Service Level 4 |
33.23 |
38.21 |
N/A |
N/A |
43.20 |
49.85 |
66.46 |
83.08 |
|
Australian Parliamentary Service Level 5 |
35.93 |
41.32 |
N/A |
N/A |
46.71 |
53.90 |
71.86 |
89.83 |
|
Australian Parliamentary Service Level 6 |
37.91 |
43.60 |
N/A |
N/A |
49.28 |
56.87 |
75.82 |
94.78 |
|
Australian Parliamentary Executive Level 1 |
42.97 |
49.42 |
N/A |
N/A |
55.86 |
64.46 |
85.94 |
107.43 |
|
Australian Parliamentary Executive Level 2 |
46.60 |
53.59 |
N/A |
N/A |
60.58 |
69.90 |
93.20 |
116.50 |
|
Parliamentary Security Attendant (Entry Level) |
28.37 |
32.63 |
N/A |
N/A |
36.88 |
42.56 |
56.74 |
70.93 |
|
Parliamentary Security Attendant (Operational) |
28.80 |
33.12 |
N/A |
N/A |
37.44 |
43.20 |
57.60 |
72.00 |
|
Parliamentary Security Attendant (Supervisor) |
31.29 |
35.98 |
N/A |
N/A |
40.68 |
46.94 |
62.58 |
78.23 |
|
Principal Parliamentary Security Attendant |
33.23 |
38.21 |
N/A |
N/A |
43.20 |
49.85 |
66.46 |
83.08 |
|
Editor Level 1 |
38.46 |
44.23 |
N/A |
N/A |
50.00 |
57.69 |
76.92 |
96.15 |
|
Editor Level 2 |
42.97 |
49.42 |
N/A |
N/A |
55.86 |
64.46 |
85.94 |
107.43 |
|
Principal Editor |
50.23 |
57.76 |
N/A |
N/A |
65.30 |
75.35 |
100.46 |
125.58 |
|
Assistant Maintenance Officer |
27.60 |
31.74 |
33.12 |
N/A |
35.88 |
41.40 |
55.20 |
69.00 |
|
Maintenance Officer Grade 1/2 |
28.88 |
33.21 |
34.66 |
N/A |
37.54 |
43.32 |
57.76 |
72.20 |
|
Maintenance Officer Grade 3 |
32.33 |
37.18 |
38.80 |
N/A |
42.03 |
48.50 |
64.66 |
80.83 |
|
Works Organiser |
35.37 |
40.68 |
42.44 |
N/A |
45.98 |
53.06 |
70.74 |
88.43 |
|
Maintenance Project Officer |
37.45 |
43.07 |
44.94 |
N/A |
48.69 |
56.18 |
74.90 |
93.63 |
|
Parliamentary Gardener Grade 1/2 |
27.43 |
31.54 |
N/A |
32.92 |
35.66 |
41.15 |
54.86 |
68.58 |
|
Parliamentary Gardener Grade 3 |
30.91 |
35.55 |
N/A |
37.09 |
40.18 |
46.37 |
61.82 |
77.28 |
|
Parliamentary Gardener Grade 4 |
32.05 |
36.86 |
N/A |
38.46 |
41.67 |
48.08 |
64.10 |
80.13 |
|
Supervisory Gardener |
35.09 |
40.35 |
N/A |
42.11 |
45.62 |
52.64 |
70.18 |
87.73 |
A.5 Full-time and part-time employees—shiftworkers—overtime rates
[A.5 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
|
Monday to Friday – first 3 hours |
Monday to Friday – after 3 hours |
Saturday and Sunday – all day |
Public holiday or additional holiday |
|
|
% of Ordinary hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
39.90 |
53.20 |
53.20 |
66.50 |
|
Australian Parliamentary Service Level 2 |
43.20 |
57.60 |
57.60 |
72.00 |
|
Australian Parliamentary Service Level 3 |
46.94 |
62.58 |
62.58 |
78.23 |
|
Australian Parliamentary Service Level 4 |
49.85 |
66.46 |
66.46 |
83.08 |
|
Australian Parliamentary Service Level 5 |
53.90 |
71.86 |
71.86 |
89.83 |
|
Australian Parliamentary Service Level 6 |
56.87 |
75.82 |
75.82 |
94.78 |
|
Australian Parliamentary Executive Level 1 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Australian Parliamentary Executive Level 2 |
69.90 |
93.20 |
93.20 |
116.50 |
|
Parliamentary Security Attendant (Entry Level) |
42.56 |
56.74 |
56.74 |
70.93 |
|
Parliamentary Security Attendant (Operational) |
43.20 |
57.60 |
57.60 |
72.00 |
|
Parliamentary Security Attendant (Supervisor) |
46.94 |
62.58 |
62.58 |
78.23 |
|
Principal Parliamentary Security Attendant |
49.85 |
66.46 |
66.46 |
83.08 |
|
Editor Level 1 |
57.69 |
76.92 |
76.92 |
96.15 |
|
Editor Level 2 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Principal Editor |
75.35 |
100.46 |
100.46 |
125.58 |
|
Assistant Maintenance Officer |
41.40 |
55.20 |
55.20 |
69.00 |
|
Maintenance Officer Grade 1/2 |
43.32 |
57.76 |
57.76 |
72.20 |
|
Maintenance Officer Grade 3 |
48.50 |
64.66 |
64.66 |
80.83 |
|
Works Organiser |
53.06 |
70.74 |
70.74 |
88.43 |
|
Maintenance Project Officer |
56.18 |
74.90 |
74.90 |
93.63 |
|
Parliamentary Gardener Grade 1/2 |
41.15 |
54.86 |
54.86 |
68.58 |
|
Parliamentary Gardener Grade 3 |
46.37 |
61.82 |
61.82 |
77.28 |
|
Parliamentary Gardener Grade 4 |
48.08 |
64.10 |
64.10 |
80.13 |
|
Supervisory Gardener |
52.64 |
70.18 |
70.18 |
87.73 |
A.6 Irregular and intermittent employees—day workers—ordinary rates
[A.6 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
|
% of Ordinary hourly rate |
|
|
125% |
|
|
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
33.25 |
|
Australian Parliamentary Service Level 2 |
36.00 |
|
Australian Parliamentary Service Level 3 |
39.11 |
|
Australian Parliamentary Service Level 4 |
41.54 |
|
Australian Parliamentary Service Level 5 |
44.91 |
|
Australian Parliamentary Service Level 6 |
47.39 |
|
Australian Parliamentary Executive Level 1 |
53.71 |
|
Australian Parliamentary Executive Level 2 |
58.25 |
|
Parliamentary Security Attendant (Entry Level) |
35.46 |
|
Parliamentary Security Attendant (Operational) |
36.00 |
|
Parliamentary Security Attendant (Supervisor) |
39.11 |
|
Principal Parliamentary Security Attendant |
41.54 |
|
Editor Level 1 |
48.08 |
|
Editor Level 2 |
53.71 |
|
Principal Editor |
62.79 |
|
Assistant Maintenance Officer |
34.50 |
|
Maintenance Officer Grade 1/2 |
36.10 |
|
Maintenance Officer Grade 3 |
40.41 |
|
Works Organiser |
44.21 |
|
Maintenance Project Officer |
46.81 |
|
Parliamentary Gardener Grade 1/2 |
34.29 |
|
Parliamentary Gardener Grade 3 |
38.64 |
|
Parliamentary Gardener Grade 4 |
40.06 |
|
Supervisory Gardener |
43.86 |
A.7 Irregular and intermittent employees—day workers—overtime rates
[A.7 varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
|
Monday to Friday – first 3 hours |
Monday to Friday – after 3 hours |
Saturday and Sunday – all day |
Public holiday or additional holiday |
|
|
% of Ordinary hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
39.90 |
53.20 |
53.20 |
66.50 |
|
Australian Parliamentary Service Level 2 |
43.20 |
57.60 |
57.60 |
72.00 |
|
Australian Parliamentary Service Level 3 |
46.94 |
62.58 |
62.58 |
78.23 |
|
Australian Parliamentary Service Level 4 |
49.85 |
66.46 |
66.46 |
83.08 |
|
Australian Parliamentary Service Level 5 |
53.90 |
71.86 |
71.86 |
89.83 |
|
Australian Parliamentary Service Level 6 |
56.87 |
75.82 |
75.82 |
94.78 |
|
Australian Parliamentary Executive Level 1 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Australian Parliamentary Executive Level 2 |
69.90 |
93.20 |
93.20 |
116.50 |
|
Parliamentary Security Attendant (Entry Level) |
42.56 |
56.74 |
56.74 |
70.93 |
|
Parliamentary Security Attendant (Operational) |
43.20 |
57.60 |
57.60 |
72.00 |
|
Parliamentary Security Attendant (Supervisor) |
46.94 |
62.58 |
62.58 |
78.23 |
|
Principal Parliamentary Security Attendant |
49.85 |
66.46 |
66.46 |
83.08 |
|
Editor Level 1 |
57.69 |
76.92 |
76.92 |
96.15 |
|
Editor Level 2 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Principal Editor |
75.35 |
100.46 |
100.46 |
125.58 |
|
Assistant Maintenance Officer |
41.40 |
55.20 |
55.20 |
69.00 |
|
Maintenance Officer Grade 1/2 |
43.32 |
57.76 |
57.76 |
72.20 |
|
Maintenance Officer Grade 3 |
48.50 |
64.66 |
64.66 |
80.83 |
|
Works Organiser |
53.06 |
70.74 |
70.74 |
88.43 |
|
Maintenance Project Officer |
56.18 |
74.90 |
74.90 |
93.63 |
|
Parliamentary Gardener Grade 1/2 |
41.15 |
54.86 |
54.86 |
68.58 |
|
Parliamentary Gardener Grade 3 |
46.37 |
61.82 |
61.82 |
77.28 |
|
Parliamentary Gardener Grade 4 |
48.08 |
64.10 |
64.10 |
80.13 |
|
Supervisory Gardener |
52.64 |
70.18 |
70.18 |
87.73 |
A.8 Irregular and intermittent employees—shiftworkers—ordinary and penalty rates
[A.8 corrected by PR581264 ppc 30May16; varied by PR581289, PR592248, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
Ordinary hours |
Night |
Night – Maint. |
Night -Gardening |
Continuous night |
Saturday |
Sunday |
Public holiday or additional holiday |
|
|
|
% of Ordinary hourly rate |
|||||||
|
125% |
140% |
145% |
145% |
155% |
175% |
225% |
275% |
|
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
33.25 |
37.24 |
N/A |
N/A |
41.23 |
46.55 |
59.85 |
73.15 |
|
Australian Parliamentary Service Level 2 |
36.00 |
40.32 |
N/A |
N/A |
44.64 |
50.40 |
64.80 |
79.20 |
|
Australian Parliamentary Service Level 3 |
39.11 |
43.81 |
N/A |
N/A |
48.50 |
54.76 |
70.40 |
86.05 |
|
Australian Parliamentary Service Level 4 |
41.54 |
46.52 |
N/A |
N/A |
51.51 |
58.15 |
74.77 |
91.38 |
|
Australian Parliamentary Service Level 5 |
44.91 |
50.30 |
N/A |
N/A |
55.69 |
62.88 |
80.84 |
98.81 |
|
Australian Parliamentary Service Level 6 |
47.39 |
53.07 |
N/A |
N/A |
58.76 |
66.34 |
85.30 |
104.25 |
|
Australian Parliamentary Executive Level 1 |
53.71 |
60.16 |
N/A |
N/A |
66.60 |
75.20 |
96.68 |
118.17 |
|
Australian Parliamentary Executive Level 2 |
58.25 |
65.24 |
N/A |
N/A |
72.23 |
81.55 |
104.85 |
128.15 |
|
Parliamentary Security Attendant (Entry Level) |
35.46 |
39.72 |
N/A |
N/A |
43.97 |
49.65 |
63.83 |
78.02 |
|
Parliamentary Security Attendant (Operational) |
36.00 |
40.32 |
N/A |
N/A |
44.64 |
50.40 |
64.80 |
79.20 |
|
Parliamentary Security Attendant (Supervisor) |
39.11 |
43.81 |
N/A |
N/A |
48.50 |
54.76 |
70.40 |
86.05 |
|
Principal Parliamentary Security Attendant |
41.54 |
46.52 |
N/A |
N/A |
51.51 |
58.15 |
74.77 |
91.38 |
|
Editor Level 1 |
48.08 |
53.84 |
N/A |
N/A |
59.61 |
67.31 |
86.54 |
105.77 |
|
Editor Level 2 |
53.71 |
60.16 |
N/A |
N/A |
66.60 |
75.20 |
96.68 |
118.17 |
|
Principal Editor |
62.79 |
70.32 |
N/A |
N/A |
77.86 |
87.90 |
113.02 |
138.13 |
|
Assistant Maintenance Officer |
34.50 |
38.64 |
40.02 |
N/A |
42.78 |
48.30 |
62.10 |
75.90 |
|
Maintenance Officer Grade 1/2 |
36.10 |
40.43 |
41.88 |
N/A |
44.76 |
50.54 |
64.98 |
79.42 |
|
Maintenance Officer Grade 3 |
40.41 |
45.26 |
46.88 |
N/A |
50.11 |
56.58 |
72.74 |
88.91 |
|
Works Organiser |
44.21 |
49.52 |
51.29 |
N/A |
54.82 |
61.90 |
79.58 |
97.27 |
|
Maintenance Project Officer |
46.81 |
52.43 |
54.30 |
N/A |
58.05 |
65.54 |
84.26 |
102.99 |
|
Parliamentary Gardener Grade 1/2 |
34.29 |
38.40 |
N/A |
39.77 |
42.52 |
48.00 |
61.72 |
75.43 |
|
Parliamentary Gardener Grade 3 |
38.64 |
43.27 |
N/A |
44.82 |
47.91 |
54.09 |
69.55 |
85.00 |
|
Parliamentary Gardener Grade 4 |
40.06 |
44.87 |
N/A |
46.47 |
49.68 |
56.09 |
72.11 |
88.14 |
|
Supervisory Gardener |
43.86 |
49.13 |
N/A |
50.88 |
54.39 |
61.41 |
78.95 |
96.50 |
A.9 Irregular and intermittent employees—shiftworkers—overtime rates*
[A.9 varied by PR581289, PR592248; corrected by PR594056; varied by PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
|
|
Monday to Friday – first 3 hours |
Monday to Friday – after 3 hours |
Saturday and Sunday – all day |
Public holiday or additional holiday |
|
|
% of Ordinary hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training) |
39.90 |
53.20 |
53.20 |
66.50 |
|
Australian Parliamentary Service Level 2 |
43.20 |
57.60 |
57.60 |
72.00 |
|
Australian Parliamentary Service Level 3 |
46.94 |
62.58 |
62.58 |
78.23 |
|
Australian Parliamentary Service Level 4 |
49.85 |
66.46 |
66.46 |
83.08 |
|
Australian Parliamentary Service Level 5 |
53.90 |
71.86 |
71.86 |
89.83 |
|
Australian Parliamentary Service Level 6 |
56.87 |
75.82 |
75.82 |
94.78 |
|
Australian Parliamentary Executive Level 1 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Australian Parliamentary Executive Level 2 |
69.90 |
93.20 |
93.20 |
116.50 |
|
Parliamentary Security Attendant (Entry Level) |
42.56 |
56.74 |
56.74 |
70.93 |
|
Parliamentary Security Attendant (Operational) |
43.20 |
57.60 |
57.60 |
72.00 |
|
Parliamentary Security Attendant (Supervisor) |
46.94 |
62.58 |
62.58 |
78.23 |
|
Principal Parliamentary Security Attendant |
49.85 |
66.46 |
66.46 |
83.08 |
|
Editor Level 1 |
57.69 |
76.92 |
76.92 |
96.15 |
|
Editor Level 2 |
64.46 |
85.94 |
85.94 |
107.43 |
|
Principal Editor |
75.35 |
100.46 |
100.46 |
125.58 |
|
Assistant Maintenance Officer |
41.40 |
55.20 |
55.20 |
69.00 |
|
Maintenance Officer Grade 1/2 |
43.32 |
57.76 |
57.76 |
72.20 |
|
Maintenance Officer Grade 3 |
48.50 |
64.66 |
64.66 |
80.83 |
|
Works Organiser |
53.06 |
70.74 |
70.74 |
88.43 |
|
Maintenance Project Officer |
56.18 |
74.90 |
74.90 |
93.63 |
|
Parliamentary Gardener Grade 1/2 |
41.15 |
54.86 |
54.86 |
68.58 |
|
Parliamentary Gardener Grade 3 |
46.37 |
61.82 |
61.82 |
77.28 |
|
Parliamentary Gardener Grade 4 |
48.08 |
64.10 |
64.10 |
80.13 |
|
Supervisory Gardener |
52.64 |
70.18 |
70.18 |
87.73 |
*Note: Clause 14.6(c) provides that where an irregular or intermittent shiftworker employee works overtime, the employer must pay to the employee the higher of:
(i) the overtime rate (see clause 14.6(a); and
(ii) the irregular or intermittent penalty rate (see clause 13.2).
Schedule B—Summary of Monetary Allowances
[Varied by PR592397, PR592248, PR606471, PR606620, PR608424, PR707587, PR718963, PR729410, PR740834, PR740992, PR750897, PR762254, PR762420, PR774039, PR774205]
See clause 11 – Allowances for full details of allowances payable under this award.
B.1 Wage Related Allowances
[B.1 substituted by PR581289, PR592248, PR606471 ppc 01Jul18; corrected by PR608424; varied by PR707587, PR718963; substituted by PR729410, PR740834 ppc 01Jul22; varied by PR762254, PR774039 ppc 01Jul24]
The wage related allowances in this award are based on the Standard rate as defined in Schedule E as the minimum hourly rate for an Australian Parliamentary Service Level 2 in clause 10.3 = $28.80.
|
Allowance |
Clause |
Payable |
% of the Standard rate |
$ |
|
First aid |
11.14 |
weekly |
51.32 |
14.78 |
|
Community language |
11.15(a) |
weekly |
|
|
|
Community language - Rate 1 |
|
|
87.76 |
25.27 |
|
Community language - Rate 2 |
|
|
175.56 |
50.56 |
|
Licence |
|
weekly |
|
|
|
Licence - Plumbing trade |
11.16(a) |
|
133.43 |
38.43 |
|
Licence - Electrical trade |
11.16(b) |
|
108.42 |
31.22 |
|
Employees in charge - gardening or maintenance |
11.17 |
per annum |
|
|
|
Employees in charge - gardening or maintenance - One but not more than five |
|
|
9636.09 |
2775.19 |
|
Employees in charge - gardening or maintenance - Six but not more than ten |
|
|
12221.38 |
3519.76 |
|
Employees in charge - gardening or maintenance - More than ten |
|
|
16285.06 |
4690.10 |
B.2 Automatic adjustment of wage related allowances
[B.2 renamed and substituted by PR750897 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
B.3 Expense related allowances
[B.3 varied by PR592397, PR606620, PR704183, PR707801, PR719114, PR729588, PR740992, PR762420, PR774205 ppc 01Jul24]
|
Allowance |
Clause |
$ |
|
Cadet books and equipment |
11.4 |
Reimbursement |
|
Removal expenses |
11.5 |
Reimbursement and payment |
|
Disturbance allowance |
11.6 |
|
|
Employee without dependants or partner |
|
713.99 |
|
Employee with one or more dependants or a partner |
|
1496 |
|
Additional payment for each full-time student(s) dependent child(ren) |
|
283.49 |
|
Vehicle |
11.7 |
|
|
Vehicle - general |
|
See clause 11.7 |
|
Vehicle - carriage |
|
0.0134 per km |
|
Travel allowance |
11.8 |
See clause 11.8 |
|
Excess travel time |
11.9 |
See clause 11.9 |
|
Meal allowance |
11.11 |
See clause 11.11 |
|
Footwear allowance |
11.12 |
188.78 per year |
|
Tool allowance for maintenance employees |
11.13 |
36.74 per week |
B.4 Adjustment of expense related allowances
[B.4 varied by PR606620 ppc 01Jul18]
At the time of any adjustment to the Standard rate, each expense related allowance in clause 11 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.
The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (CPI) (Cat No. 6401.0), as follows:
|
Allowance |
Applicable CPI figure |
|
Vehicle allowance - Carriage of goods or passengers |
Private motoring sub-group |
|
Kennelling or transporting a pet |
Transport group |
|
Disturbance allowance |
All Groups |
|
Tool allowance for maintenance employees |
All Groups |
|
Footwear Allowance |
Clothing and Footwear sub-group |
|
Cadets - books and equipment |
Newspapers, books and stationery sub-group |
Schedule C—Supported Wage System
[Varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause C.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[C.4.2 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.4.2 Provided that the minimum amount payable must be not less than $106 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment.. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—National Training Wage
[Varied by PR581289, PR592248, PR594056, PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039]
D.1 Title
This is the National Training Wage Schedule.
D.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A or B if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
D.3 Coverage
D.3.1 Subject to clauses D.3.2 to D.3.5 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 clause D.7 or by clause D.5.4 of this schedule.
D.3.5 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
D.4 Types of Traineeship
The following types of traineeship are available under this schedule:
D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
D.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
D.5 Minimum Wages
D.5.1 Minimum wages for traineeships
[D.5.1 substituted by PR581289, PR592248; corrected by PR594056; substituted by PR606471, PR707587, PR718963, PR729410, PR740834, PR762254, PR774039 ppc 01Jul24]
Subject to clause D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.7 are:
|
|
Highest year of schooling completed |
|||||
|
|
Year 10 |
Year 11 |
Year 12 |
|||
|
|
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
School leaver |
398.70 |
13.11 |
439.00 |
14.44 |
522.20 |
17.17 |
|
Plus 1 year out of school |
439.00 |
14.44 |
522.20 |
17.17 |
607.70 |
19.99 |
|
Plus 2 years out of school |
522.20 |
17.17 |
607.70 |
19.99 |
707.20 |
23.26 |
|
Plus 3 years out of school |
607.70 |
19.99 |
707.20 |
23.26 |
809.70 |
26.64 |
|
Plus 4 years out of school |
707.20 |
23.26 |
809.70 |
26.64 |
|
|
|
Plus 5 or more years out of school |
809.70 |
26.64 |
|
|
|
|
(b) Wage Level B
Subject to clause D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause D.7 are:
|
|
Highest year of schooling completed |
|||||
|
|
Year 10 |
Year 11 |
Year 12 |
|||
|
|
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
School leaver |
398.70 |
13.11 |
439.00 |
14.44 |
508.90 |
16.75 |
|
Plus 1 year out of school |
439.00 |
14.44 |
508.90 |
16.75 |
585.40 |
19.26 |
|
Plus 2 years out of school |
508.90 |
16.75 |
585.40 |
19.26 |
686.60 |
22.59 |
|
Plus 3 years out of school |
585.40 |
19.26 |
686.60 |
22.59 |
783.00 |
25.76 |
|
Plus 4 years out of school |
686.60 |
22.59 |
783.00 |
25.76 |
|
|
|
Plus 5 or more years out of school |
783.00 |
25.76 |
|
|
|
|
(c) Wage Level C
Subject to clause D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause D.7 are:
|
|
Highest year of schooling completed |
|||||
|
|
Year 10 |
Year 11 |
Year 12 |
|||
|
|
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
School leaver |
398.70 |
13.11 |
439.00 |
14.44 |
508.90 |
16.75 |
|
Plus 1 year out of school |
439.00 |
14.44 |
508.90 |
16.75 |
575.50 |
18.92 |
|
Plus 2 years out of school |
508.90 |
16.75 |
575.50 |
18.92 |
642.90 |
21.15 |
|
Plus 3 years out of school |
575.50 |
18.92 |
642.90 |
21.15 |
716.10 |
23.55 |
|
Plus 4 years out of school |
642.90 |
21.15 |
716.10 |
23.55 |
|
|
|
Plus 5 or more years out of school |
716.10 |
23.55 |
|
|
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a traineeship are the minimum wages for the relevant Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause D.5.2 and D.5.3 of this schedule, the minimum wages for an adult trainee undertaking an 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 |
||
|
|
Full-time weekly |
Part-time hourly |
Full-time weekly |
Part-time hourly |
|
|
$ |
$ |
$ |
$ |
|
Wage Level A |
840.40 |
27.65 |
872.30 |
28.69 |
|
Wage Level B |
812.80 |
26.74 |
843.70 |
27.75 |
|
Wage Level C |
743.40 |
24.45 |
771.50 |
25.38 |
(e) School-based traineeships
Subject to clauses D.5.2 and D.5.3 of this schedule, the minimum hourly wages for a trainee undertaking a school-based Wage Levels A or B traineeship are as follows when the trainee works ordinary hours:
|
Year 11 or lower |
Year 12 |
|
per hour |
per hour |
|
$ |
$ |
|
13.11 |
14.44 |
D.5.2 Calculating the actual minimum wage
(a) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses D.5.1(a)–(d) of this schedule applies to each ordinary hour worked by the trainee.
(b) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses D.5.1(a)–(d) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
D.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an Level II to a Level III traineeship, or from an Level III to a 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 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 in clause D.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
D.6 Employment conditions
D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
D.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
D.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part‑time trainees whose approved training is fully off‑the‑job is determined by clause D.5.2(a) and not by this clause.
D.6.4 Subject to clause D.3.4 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
D.7 Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
D.7.1 Wage Level A
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I |
|
Beauty |
III |
|
Business Services |
I |
|
Chemical, Hydrocarbons and Refining |
I |
|
Civil Construction |
III |
|
Coal Training Package |
II |
|
Community Services |
II |
|
Construction, Plumbing and Services Integrated Framework |
I |
|
Correctional Services |
II |
|
Drilling |
II |
|
Electricity Supply Industry—Generation Sector |
II |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I |
|
Financial Services |
I |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I |
|
Laboratory Operations |
II |
|
Local Government (other than Operational Works Cert I and II) |
I |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I |
|
Maritime |
I |
|
Metal and Engineering (Technical) |
II |
|
Metalliferous Mining |
II |
|
Museum, Library and Library/Information Services |
II |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
D.7.2 Wage Level B
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I |
|
Asset Maintenance |
I |
|
Australian Meat Industry |
I |
|
Automotive Industry Manufacturing |
II |
|
Automotive Industry Retail, Service and Repair |
I |
|
Beauty |
II |
|
Caravan Industry |
II |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I |
|
Extractive Industries |
II |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I |
|
Forest and Forest Products Industry |
I |
|
Furnishing |
I |
|
Gas Industry |
I |
|
Health |
II |
|
Local Government (Operational Works) |
I |
|
Manufactured Mineral Products |
I |
|
Metal and Engineering (Production) |
II |
|
Outdoor Recreation Industry |
I |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II |
|
Property Services |
I |
|
Public Safety |
I |
|
Pulp and Paper Manufacturing Industries |
I |
|
Retail Services |
I |
|
Screen and Media |
I |
|
Sport Industry |
II |
|
Sugar Milling |
I |
|
Textiles, Clothing and Footwear |
I |
|
Transport and Logistics |
I |
|
Visual Arts, Craft and Design |
I |
|
Water Industry |
I |
[Varied by PR733964, PR774876, PR777381]
E.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth), as amended from time to time
Adult apprentice means an employee who is 21 years of age or older at the commencement of the employee’s apprenticeship
[Definition of Casual employee inserted by PR733964 from 27Sep21; varied by PR777381 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.
Department has the meaning given by the Parliamentary Service Act 1999 (Cth)
Dependant in relation to an employee, means:
· the spouse of the employee; or
· a child or parent of the employee, or of the spouse of the employee, being a child or parent who ordinarily resides with the employee and who is wholly or substantially dependent upon the employee
Employee means a Parliamentary Service employee as defined in the Parliamentary Service Act 1999
[Definition of employee organisation inserted by PR774876 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
[Definition of enterprise inserted by PR774876 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
Gardening Employees means employees engaged in the gardening employee classifications listed in clause 10.3
Immediate family as defined in the Act
Licensing Authority means the relevant body established to regulate the electrical and plumbing trades which issues licences to tradespersons in those trades
Maintenance Employees means employees engaged in the maintenance employee classifications listed in clause 10.3
· 7.00 am to 9.00 am;
· 12 noon to 2.00 pm;
· 6.00 pm to 7.00 pm; and
· midnight to 1.00 am.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act
Ordinary hourly rate means an employee’s hourly rate for their classification plus any allowances specified in this Award as being included in the employee’s ordinary hourly rate
Parliamentary Service means the Australian Parliamentary Service established by the Parliamentary Service Act 1999
Partner means, in relation to a person who is a member of a couple, the other member of the couple
Salary barrier means the minimum hourly pay rate payable to an employee at the Parliamentary Executive Level 1 classification. A classification is “below” the salary barrier where the pay rate for the classification is less than the minimum pay rate payable to an Australian Parliamentary Executive Level 1. A classification is “above” the salary barrier where the minimum pay rate is not less than the minimum pay rate payable to an Australian Parliamentary Executive Level 1
Secretary has the meaning given by the Parliamentary Service Act 1999. Except where the context otherwise requires, a Secretary includes a person authorised to exercise the relevant powers of a Secretary for the purpose concerned
Shiftworker means an employee who is rostered to perform ordinary hours of work outside the period 6.30 am to 6.00 pm Monday to Friday, and/or on Saturdays, Sundays or Public Holidays for an ongoing or fixed period
Sitting/sessional weeks means a week during which the Senate or the House of Representatives meet
[Definition of small business employer inserted by PR774876 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
Standard rate means the minimum hourly pay rate for an Australian Parliamentary Service Level 2 in clause 10.3
Union means a union covered by this award and, where appropriate, includes the relevant national union official or nominated delegate. A relevant union is a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Department in which the employee(s) are employed
[Definition of workplace delegate inserted by PR774876 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
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