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The replacement of the predecessor awards by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor awards.

1.4 Schedule E—Definitions sets out definitions that apply in this award.

1.5 The making of this award is not intended to result in a reduction in 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 entitlements in this award contain the minimum conditions of employment for employees covered by this award.

2.2 A director-general 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. Coverage

3.1 Enterprise

The enterprise to which this modern award relates is the enterprise that constitutes the Australian Capital Territory Public Sector (ACTPS) as provided under the Public Sector Management Act 1994 (A.C.T).

3.2 Employer

This enterprise award covers Australian Capital Territory in respect of employees employed in ACTPS employment.

3.3 Employees

(a) This enterprise award covers the ACTPS employees in classifications listed in Schedule A of this award, to the exclusion of any other modern award.

(b) This award does not cover employees engaged in a classification of director-general or executive, or an equivalent classification, under the Public Sector Management Act 1994 (A.C.T.).

(c) Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

4. Award flexibility

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

(a) Arrangements for when work is performed;

(b) Allowances;

(c) Penalty rates;

(d) Overtime rates; and

(e) Leave loading.

4.2 The director-general 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 directorate or agency.

4.3 The agreement between the director-general and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in subclause 4.1; and

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

4.4 The agreement between the director-general and the individual employee must also:

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

(b) state each term of this award that the director-general and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the director-general 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 director-general must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

4.6 Except as provided in paragraph 4.4(a) the agreement must not require the approval or consent of a person other than the director-general and the individual employee.

4.7 A director-general 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 director-general must take measures, including translation into an appropriate language, to ensure that the employee understands the proposal.

4.8 The agreement may be terminated:

(a) by the director-general 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 director-general 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 director-general, giving written notice of not more than 28 days (see section 145 of the Act).

4.9 The notice provisions in paragraph 4.8(a)only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with paragraph 4.8(a), subject to four weeks’ notice of termination.

4.10 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between a director-general and an individual employee contained in any other term of this award.

5. Facilitative provisions

5.1 This award contains facilitative provisions which allow agreement to be reached between a director-general and employees on how specific award provisions are to apply at the workplace level. The facilitative provisions are identified in subclause 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.

5.3 The following facilitative provisions can be utilised upon agreement between the director-general and the majority of employees affected in the workplace, provided that the agreement complies with paragraph 5.4(a):

(a) Variation to commencing and finishing times – day workers;

(b) Variation to span of ordinary hours – day workers;

(c) Variation to spread of ordinary hours – day workers;

(d) Days on which ordinary hours will be worked – day workers;

(e) Arrangement for ordinary working hours – day workers;

(f) Application of flextime;

(g) Roster system – shiftworkers;

(h) Arrangement for ordinary working hours – shiftworkers;

(i) 12 hour shifts;

(j) Meal breaks;

(k) Substituted meal periods;

(l) Rostered days off; and

(m) Public Holidays.

5.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the director-general about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

(b) where the director-general proposes to use the facilitative provision in paragraph 8.2(k)(i), the director-general must inform the relevant union(s);

(c) any agreement between a director-general and a majority of employees must be recorded in writing.

Part 2—Types of Employment and Classifications

6. Types of employment

[Varied by PR733946]

6.1 The Public Sector Management Act 1994 (A.C.T.) and the Legislative Assembly (Members’ Staff) Act 1989 (A.C.T.) specify the basis of engagement for an employee covered by this award.

6.2 Employees can be employed on either a full-time, regular part-time or casual basis.

6.3 Full-time employment

A full-time employee is an employee who works the ordinary hours of work set out in clause 8 of this award.

6.4 Part-time employment

(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.

(c) Proposals for part-time work may be initiated by the director-general for operational reasons or by an employee for personal reasons. An employee engaged on a full-time basis will not be converted to a part-time basis as set out in this clause without the employee’s written agreement.

(d) Where a proposal is initiated by an employee, the directorate or agency will have regard for the personal reasons put by the employee in support of the proposal and to the directorate or agency’s operational requirements. The directorate or agency’s agreement is required before regular part-time employment may commence.

(e) Before part-time duty commences, the director-general will issue a notice in writing to the employee which will specify:

(i) the prescribed weekly hours of duty; and

(ii) the pattern of hours to be worked including starting and finishing times for employees other than shiftworkers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee.

(f) Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing under paragraph 6.4(e) 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.

(g) The pattern of hours specified under paragraph 6.4(e)(ii)will provide for no less than three hours per day (or an alternative period agreed by the director-general and the employee) and will be continuous on any one day.

(h) A director-general may not institute a part-time work arrangement that requires a break in performance of duty for more than one hour on any day.

(i) The prescribed weekly hours and the pattern of hours specified under paragraph 6.4(e) 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.

(j) Access to part-time employment

An employee returning to duty from maternity leave will, on application by the employee, be given access to part-time employment.

6.5 Casual employment

[6.5(a) substituted by PR733946 from 27Sep21]

(a) A casual employee may only be engaged to perform work for a short period on an irregular or non-systematic basis.

(b) A casual employee will be paid the hourly pay rate for their classification in accordance with clause 11.

(c) The minimum period of engagement of a casual employee is three hours on each occasion a casual employee is called for and attends for duty, whether or not the employee is actually required to work for those three hours.

(d) Casual loading

(i) A casual employee will also be paid a 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, and instead of payment for public holidays on which the employee did not work.

(ii) The casual loading is not taken into account in the calculation of allowances or shift penalty payments.

(e) The following provisions of this award do not apply to casual employees:

(i) clause 17—Annual leave;

(ii) clause 23—Public holidays, with the exception of work performed on a public holiday;

(iii) clause 24—Termination of employment; and

(iv) clause 25—Redundancy.

6.6 Offers and requests for casual conversion

[6.6 inserted by PR733946 ppc 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 27—Dispute resolution.

7. Work organisation

7.1 At the time of appointment or engagement, the director-general will inform each employee in writing of the terms of their engagement, including:

(a) the type of employment;

(b) whether a probationary period applies and the expected duration of the period;

(c) if the person is engaged as a fixed-term employee, the project or task in relation to which the person has been engaged and/or the duration of the engagement; and

(d) a list of the main instruments governing the terms and conditions if their employment.

7.2 An employer may direct an employee to carry out duties that are within the limits of the employee’s skill, competence and training. The duties must be consistent with the ACTPS classification structures and standards.

Part 3—Hours of Work

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 an employee other than a worker defined as a shiftworker.

(b) Hours

(i) The ordinary hours of work for a full-time day worker performing the duties of a classification listed in Table 1(a), Table 1(c) and Table 2 of Schedule A will be 36.75 hours per week.

(ii) The ordinary hours of work for a full-time day worker performing the duties of a classification listed in Table 1(b), Table 3 and Table 4 of Schedule A, subject to paragraph 16.3.1(b)(i), are to be an average of 38 hours per week but not exceeding 152 hours in 28 days.

(iii) The ordinary hours of work in paragraphs 8.2(b)(i) and 8.2(b)(ii) may be averaged over a period of up to 28 calendar days or the employee’s roster cycle (whichever is longer), arranged according to the requirements of the particular directorate or agency.

(iv) The ordinary hours of work for a full-time day worker performing the duties of a classification listed in Table 5 of Schedule A will be 31.25 hours per week.

(i) Subject to paragraph 8.2(d), for classifications listed in Table 1 and Table 4 of Schedule A, the ordinary hours of work may be worked between the hours of 8.00 am and 6.00 pm, Monday to Friday.

(ii) For classifications listed in Table 2 of Schedule A, the ordinary hours of work may be worked between the hours of 7.00 am and 7.00 pm, Monday to Friday.

(iii) For classifications listed in Table 3 of Schedule A, the ordinary hours of work may be worked on any day or all of the days of the week Monday to Friday, between the hours of 6.00 am and 6.00 pm. The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.

(d) Flexibility and Facilitative Provisions

Consistent with clause 4—Award flexibility and clause 5—Facilitative provisions:

(i) Commencing and finishing times may be varied within the limits of 6.00 am and 6.00 pm Monday to Friday, subject to a 10 hour span for individual employees and a 12 hour span for individual workplaces, by agreement between the director-general and the majority of employees concerned.

(ii) The span of hours may be varied from that contained in paragraph 8.2(c)(i) within the limits of 7.00 am and 6.00 pm Monday to Friday subject to a 10-hour span, by agreement between the employer and the majority of employees concerned. Where such variation is effected, the alternative commencing and finishing time will be read in substitution for those specified in paragraph 8.2(c)(i).

(iii) The spread of hours contained in paragraph 8.2(c)(iii) (i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned, or in appropriate circumstances, between the employer and an individual employee.

(iv) In respect of day workers performing the duties of a classification listed in Table 3 of Schedule A, the days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee. This agreement will be made and recorded in accordance with clause 5—Facilitative provisions.

Where agreement is reached in accordance with this provision, the minimum rate to be paid for a day worker for ordinary time worked on a Saturday will be time and a half, and on a Sunday will be double time.

(v) Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the span of hours at paragraph 8.2(c), and the employer’s right to fix the commencing and finishing time of shifts from time to time under paragraph 8.2(h), the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the workplace. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged. This agreement will be made and recorded in accordance with clause 5—Facilitative provisions.

Matters upon which agreement may be reached include:

· how the hours are to be averaged within a work cycle established in accordance with paragraph 8.2(b);

· the length of the work cycle for day workers, provided that such length will not exceed three months;

· rosters which specify the starting and finishing times of working hours;

· a period of notice of a rostered day off which is less than four weeks;

· substitution of rostered days off;

· accumulation of rostered days off;

· arrangements which allow for flexibility in relation to the taking of rostered days off;

· any arrangements of ordinary hours which exceed eight hours in any day.

(e) So far as practicable, an employee shall be allowed a break from work of no less than eight hours’ duration between the end of one day’s ordinary duty and the start of the next day’s ordinary duty.

(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) The employer will fix the starting and finishing time of an employee’s ordinary hours of duty. The employer will determine the manner in which an employee’s attendance for duty and absence from duty will be recorded.

(i) At the discretion of the employer, an employee may be permitted to perform his or her ordinary hours of duty in accordance with an agreed scheme of flexible working hours.

(j) Where an employee is entitled to a rostered day off, a supervisor and the employee may agree to alternate rostered day(s) off (including taking the time off as part days).

(k) Flextime

Flextime is a system which allows an employee to set a pattern of attendance at work subject to the provisions of this clause. Flextime systems will operate consistent with the provisions of paragraphs 8.2(c) and 8.2(d).

(i) Flextime will operate in ACTPS directorates and agencies unless the director-general considers it necessary, because of essential work requirements, for an employee or group of employees in a workplace to revert to the hours of standard day for a period.

(ii) The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the director-general/supervisor 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 director-general/supervisor.

(iii) The director-general and the majority of employees may agree to vary the operation of flextime in the directorate or agency. The agreement will be recorded in the time and wages record.

(iv) Flextime will not apply to employees who:

· work a 38-hour shift cycle and who are entitled to a rostered day off in a regular cycle;

· are removed from flextime for a specified period because that employee has failed to comply with the provisions of flextime; or

· are in a classification where the rate for the classification is above the salary barrier, unless they work flextime by arrangement with their director-general/ supervisors.

(v) Flextime definitions:

· Standard day, for the purposes of flextime, is:

- 7 hours and 21 minutes per day for an employee who works 36¾ hours per week;

- 7 hours and 36 minutes per day for an employee who works 38 hours per week.

· Core time means the period during the day when an employee will perform ordinary duty unless absent upon approved or core time absence.

· Core time absence means any approved absence during core time other than approved leave, and may be used for a full day absence or part absences during the settlement period.

· 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.

· 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 hours 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 – shiftworkers

(a) Definition

An employee (other than a casual employee) is a shiftworker if the employee is:

(i) rostered; and

(ii) the roster may require the employee to perform ordinary daily hours on a shift where some or all of a shift in the roster falls:

· outside the span of hours limits of 7.00 am to 7.00 pm Monday to Friday; and/or

· on Saturdays or Sundays on a regular and ongoing basis.

Shiftwork does not include single shifts commencing at or after 6.30 am or finishing at or before 6.00 pm between Monday and Friday.

A shiftworker may be required, as part of their regular roster, to work on public holidays.

(b) Hours

(i) The ordinary hours of work for a full-time shiftworker will not exceed 36.75 hours per week or an average of 36.75 hours per week, averaged over a period of up to 28 days, for classifications listed in Table 1(b) of Schedule A (Professional and related classifications).

(ii) The ordinary hours of work for a full-time shiftworker 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), for classifications listed in Table 1(a) of Schedule A (Clerical, Technical and related classifications).

(iii) Subject to paragraph 8.3(b)(vi), the ordinary hours of work for a full-time shiftworker are to be an average of 38 hours per week and must not exceed 152 hours in 28 consecutive days, for classifications listed in Table 3 of Schedule A.

(iv) Ordinary hours are to be worked continuously, except for meal breaks, at the discretion of the employer.

(v) Except at regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

(vi) In respect of classifications listed in Table 3 of Schedule A, by agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours under paragraph 8.3(b)(ii) is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months. This agreement will be made and recorded in accordance with clause 5—Facilitative provisions.

(vii) The arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged. This agreement will be made and recorded in accordance with clause 5—Facilitative provisions and/or clause 4—Award flexibility. Matters upon which agreement may be reached include:

· how the hours are to averaged within a work cycle established in accordance with this subclause;

· the length of the work cycle for day workers, provided that such length will not exceed 3 months;

· rosters which specify the starting and finishing times of working hours;

· a period of notice of a rostered day off which is less than four weeks;

· substitution of rostered days off;

· accumulation of rostered days off;

· arrangements which allow for flexibility in relation to the taking of rostered days off;

· any arrangements of ordinary hours which exceed 8 hours in any day.

(i) Shift rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.

(ii) An employee required to attend for duty on Sunday may apply for another person to substitute in their place for cultural and/or religious reasons.

(iii) Shiftworkers can exchange shifts or rostered days off by mutual agreement, with the consent of the director-general, and provided that the arrangement does not give any employee an entitlement to an overtime payment.

(d) 12-hour shifts

(i) By agreement between directorates and agencies and the majority of affected employees, in accordance with clause 5—Facilitative provisions, 12-hour shifts may be introduced, subject to:

· Proper health monitoring procedures being introduced;

· Suitable roster arrangements being made;

· Proper supervision being provided;

· Adequate breaks being provided;

· An adequate trial or review process being implemented.

(ii) Employees whose stretch of shift, broken or unbroken, exceeds 12 hours shall, in addition to salary, be paid at ordinary rate of pay (but not in addition to overtime) for all time actually worked beyond 12 hours.

(e) Change of shift

(i) Subject to the provisions of subclause 26.3, changes to rostered hours of duty can be by mutual consent at any time or by amendment of the roster on seven days’ notice.

(ii) In the absence of consent or seven days’ notice, employees will be paid the appropriate overtime penalty rates for work outside the previously rostered hours of duty. Payment of penalty rates on this basis will be continued for each changed shift until employees have received seven days’ notice of shift change.

(iii) The penalty rates in paragraph 8.3(e)(ii) are not payable where a directorate or agency is unable to give seven days’ notice because of the sickness or unanticipated absence of another employee.

8.4 Holiday duty

(a) Where a shiftworker is rostered off duty on a public holiday he/she will be granted a day’s leave in lieu of the public holiday, if practicable, within one month. This provision only applies in circumstances where the shiftworker is engaged on a regular roster in a cycle of shifts and is required to perform rostered duty on each of the days of the week.

(b) Where it is not practicable to grant a day’s leave under paragraph 8.4(a), the employee will be paid one day’s pay at the employee’s ordinary rate of pay.

(c) Except as provided at subclause 23.2—Substitution arrangements for Public holidays falling on Saturday or Sunday, a public holiday means a day as prescribed in this award.

8.5 Make-up time

(a) An employee may, with the consent of the director-general, elect to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours as provided in this award.

(b) An employee on shift work may, with the consent of the director-general, elect to work make-up time under which the employee takes time off and works those hours at a later time. Payment for work performed on a make-up time basis is to be at the shift penalty rate which would have been applicable to the hours taken off.

9. Meal Breaks

9.1 Unless there are exceptional and unforeseen circumstances, an employee must not be required to work more than five hours without a break for a meal of at least 30 minutes duration.

9.2 In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee will not be required to work for more than six hours without a break for a meal break.

9.3 By agreement between an employer and an employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break. This agreement will be made and recorded in accordance with clause 5—Facilitative provisions.

9.4 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

9.5 An employer may stagger the time of taking a meal and rest breaks to meet operational requirements.

9.6 In respect of classifications listed in Table 3 of Schedule A:

(a) Subject to subclause 9.1, an employee will work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while the plant is idle.

(b) Except as provided in this clause, and except where any alternative arrangement is entered into by agreement between the employer and employees concerned, time and a half (150%) rates will be paid for all work done during meal hours and thereafter until a meal break is taken.

(c) Continuous shiftworkers are entitled to a 27-minute meal break on each shift which shall be counted as time worked. Continuous shift work means, work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks, or due to unavoidable causes beyond the control of the employer.

10. Stand down

10.1 In respect of employees performing the duties of classifications listed in Table 3 of Schedule A the following provisions will apply.

(a) In circumstances where work is interrupted or must stop for reasons beyond the control of the employer, the employer may stand down directly affected employees without pay until such time as work may again commence.

(b) Before an employer exercises the right to stand down employees under this clause, the employer will identify alternative work which may be performed by the affected employees. The employer may direct employees to carry out such alternative duties as are within the limits of their competence.

(c) If no alternative work can be identified by the employer, the employer may grant an employee leave of absence within the limits of an employee’s paid leave entitlements, as an alternative to standing down the employee.

Part 4—Wages and Allowances

11. Minimum pay rates

11.1 Employees performing work within the classifications listed in Schedule A will be paid not less than the hourly rate applicable to the employee’s classification.

11.2 The minimum annual salary for a classification is calculated by reference to the following formula:

Annual Salary = Minimum Hourly Pay Rate x ordinary hours of work per fortnight x (313/12).

11.3 Trainees

(a) Cadets – Full-time study rates

A Cadet, during periods of full-time study, will be paid no less than 57% of the minimum hourly pay rate that would be payable to the Cadet if he/she was performing practical training.

(b) Apprentices

(i) Apprentices (other than adult apprentices) who commenced their apprenticeship before 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of General Service Officer level 5 rate
1st year of service	48%
2nd year of service	55%
3rd year of service	75%
4th year of service	88%

(ii) Apprentices (other than adult apprentices) who commenced their apprenticeship after 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of General Service Officer level 5 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%

(iii) Apprentices (other than adult apprentices) who commenced their apprenticeship on or after 1 January 2015 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of General Service Officer level 5 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%

(iv) Adult apprentices who commenced their apprenticeship on or after 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of General Service Officer level 5 rate
1st year of service	80%
2nd year of service	86%
3rd year of service	88%
4th year of service	92%

(v) 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 Schedule A in which the adult apprentice was engaged immediately prior to entering into the training agreement.

Conditions of employment

(vi) Apprentices will be engaged in accordance with the terms of this award, any relevant apprenticeship legislation and/or regulations made by the Territory training authority with the responsibility for the apprenticeship.

(vii) An apprentice will be permitted to be absent from work, without loss of pay or continuity of employment, to attend the off-the-job training in accordance with the contract of training.

(viii) Time spent by an apprentice 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 apprentice’s wages and determining the apprentice’s employment conditions.

(ix) The notice of termination provisions of the NES apply to apprentices.

(x) Redundancy provisions do not apply to apprentices, provided that where the employment of an apprentice by an employer is continued after the completion of the apprenticeship, the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements. In the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within six months of such termination, the period of the apprenticeship will be counted as service in determining any future termination entitlements.

(xi) When overtime and/or shiftwork are worked the relevant penalties and allowances prescribed by the award will apply, based on the applicable ordinary time hourly rate. No apprentice will work overtime or shiftwork on their own or without supervision.

(xii) No apprentice under the age of 18 years will be required to work overtime or shiftwork unless they so desire.

(xiii) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at the Registered Training Organisation (RTO) as required by any statute, award, regulation or the contract of training applicable to them.

(xiv) An apprentice will not work under any system of payment by results.

(xv) All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship, which are paid by an apprentice, shall be reimbursed by the employer:

· within six months of commencement of the apprenticeship, or stage of the apprenticeship; or

· within three months of the commencement of training provided by the RTO;

whichever is the later, unless there is unsatisfactory progress. An employer may meet its obligations under this provision by paying any fees and/or costs of textbooks to the RTO.

(xvi) Where an apprentice is required to attend block release training for training identified in, or associated with their training contract, and such training requires an overnight stay:

· the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this provision will not apply where the apprentice could attend an alternate RTO closer to the apprentice’s usual place of work and the use of the more distant RTO is not agreed between the employer and the apprentice.

· for the purpose of this provision excess reasonable travel costs includes the total cost of reasonable transportation, including transportation of tools where required, accommodation costs incurred while travelling where necessary, and reasonable expenses incurred while travelling, including meals, in excess of the fares and travel allowance payable under subclause 12.7. For the purposes of this provision excess travel costs do not include payment for travelling time or expenses incurred while not in transit.

· The amount payable by an employer under this provision may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance of their employer has advised them in writing of the availability of such assistance.

(xvii) Apprentices will be entitled to competency-based wage progression through the wage structure in paragraph 11.3(b). An apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship once:

· competency has been achieved in the relevant proportion of the total units of competency for that stage of the apprenticeship, based on 25% increments. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

· any requirements of the relevant State/Territory apprenticeship authority, and any additional requirements of the relevant training package with respect to the demonstration of competency, and any minimum necessary work experience requirements, are met; and

· either, the RTO, the employer and the apprentice agree that the abovementioned requirements have been met; or the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

If the employer disagrees with the assessment of the RTO referred to above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State or Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority, it may be dealt with in accordance with clause 27—Dispute resolution. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with clause 27—Dispute resolution.

(xviii) For the purposes of this provision, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of ‘competency’ utilised for the purpose of the training packages and for the purposes of this provision, is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(xix) The apprentice will be paid the wage rate from the first full pay period to commence on or after the date on which an agreement o determination is reached, or on a date as determined under the dispute resolution process.

11.4 Payment

Unless otherwise agreed between the director-general and the majority of employees in a directorate or agency, employees will be paid fortnightly.

11.5 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 director-general 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.

An employee who performs higher duties at a classification above the salary barrier, for a period of less than five consecutive days, will not be paid an allowance, and that period will not count as service at the higher classification unless the director-general 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 subclause 23.4, 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.

11.6 Supported salary payments for employees with a disability

See Schedule C.

11.7 National Training Wage

See Schedule D.

Classification	NTW Skill Level
Trainee (Administrative)	Skill Level A

11.8 Right to make deductions for accommodation

Where an employee resides in a building owned or leased by the ACTPS, and has an incidental obligation of supervision or general control over personnel or property, the director-general may direct that rent be charged and be deducted fortnightly from the employee’s salary. The amount of rent charged annually must be a fair and reasonable sum and must not exceed 10% of the annual salary rate for the employee’s classification.

12. Allowances

[Varied by PR581301, PR581290, PR592249, PR592398, PR606472, PR606621, PR704111, PR707588, PR707802, PR718964, PR719115, PR729411, PR729589, PR740835, PR740993, PR762255, PR762421, PR774040, PR774206]

12.1 Eligibility for allowances

Allowances set out in this clause 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.

12.2 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.

12.3 Application of allowances

Unless otherwise specified in this clause:

(a) allowances specified in subclauses 12.12, 12.17, 12.18, 12.20, 12.21 and 12.25, will be included when calculating an employee’s ordinary hourly rate; and

(b) other than those specified in paragraph 12.3(a), allowances are not included in an employee’s ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates); and

(c) the allowances specified in subclause 12.23 are cumulative, that is, an employee can be paid more than one allowance;

(d) subject to paragraphs 12.3(e), 12.3(f) and 12.3(g), allowances prescribed in subclauses 12.22 to 12.24 will be paid to employees required to perform the functions specified while they are subject to the specified disabilities;

(e) allowances prescribed in subclause 12.22 are not cumulative. Where the rates provide payments for disabilities of substantially the same nature, only the highest of such rates will be payable;

(f) allowances prescribed in subclauses 12.22 and 12.23 will not be payable during holidays, annual leave, sick leave or any other approved leave; and

(g) allowances prescribed in subclauses 12.22 and 12.23 will be paid irrespective of the times at which the work is performed, and will not be subject to any premium or penalty additions.

(h) a casual employee who satisfies the requirements for payment of an expense-related allowance will receive the full amount of allowance or payment prescribed in the relevant clause.

Expense-related Allowances

12.4 Fees, books and equipment

An employee who is employed as a Cadet under this award will be:

[12.4(a) varied by PR581301, PR592398, PR740993, PR762421, PR774206 ppc 01Jul24]

(a) entitled to payment of an allowance of $508.39 per annum for the purchase of books and equipment; and

(b) reimbursed (on production of receipts) all compulsory fees,

associated with the employee’s course of study.

12.5 Office Disturbance allowance

(a) The employer will seek to prevent employees from being subjected to any ‘disabilities’. For the purpose of this clause ‘disabilities’ means any detrimental effect on the working conditions of office-based employees caused by a variety of factors associated with ‘building activities’, including one or more of the following: dust, noise, fumes, heat, vibration, cold, wet, dirt, loss of amenities, general inconvenience. Where ‘building activities’ includes any construction, building, alterations or refurbishment.

(b) In situations where disabilities exist at a particular office location due to unavoidable or other particular circumstances:

(i) the employer and union or other employee representatives will negotiate without delay on the payment of an appropriate disability allowance as set out in subclauses 12.22 and 12.23.

(ii) where employees are temporarily relocated, provisions in relation to excess travelling time at subclause 12.6 and excess fares at subclause 12.7 will apply, if applicable, for the duration of the temporary relocation.

(c) Where no agreement can be reached on the application of this clause, the matter may be referred to the Fair Work Commission.

12.6 Excess travel time

(a) An employee who is travelling or on duty away from the employee’s usual place of work will be paid for time necessarily spent in travel or on duty (exclusive of overtime duty) in excess of:

(i) the employee’s usual hours of duty for the day; and

(ii) the time necessarily spent travelling to and from home and the usual place of work.

(b) Payment under paragraph 12.6(a) is subject to:

(i) the employee’s annual salary not exceeding the rate for an ASO 4;

(ii) the additional travel time being at least 30 minutes in travel in any one day, or two and one half hours in any fortnight; and

(iii) the payment not exceeding five hours in any one day.

(iv) in respect of part-time employees, the employee’s hours not being confined to less than five days of the week, unless the excess travel time exceeds the number of days worked each pay period multiplied by 15 minutes.

(c) The rate of payment under paragraph 12.6(a) for the classifications listed in Table 1 of Schedule A, will be single time on Mondays to Saturdays and time and a half on Sundays and Public Holidays. Payment of salary will include any higher duties allowance.

(d) Where an employee performing the duties of a classification listed in Table 3 of Schedule A is directed to work away from a depot or centre on any day, that employee is entitled to be paid:

[12.6(d)(i) varied by PR581301, PR592398, PR606621, PR704111, PR719115, PR740993, PR762421, PR774206 ppc 01Jul24]

(i) $14.86 per day on each day the employee attends work; or

[12.6(d)(ii) varied by PR581301, PR592398, PR606621, PR704111, PR719115, PR740993, PR762421, PR774206 ppc 01Jul24]

(ii) $4.11 per day where the employer provides, or offers to provide, suitable transport free of charge to the employee in the employee’s own time.

(e) Where an employee’s normal place of work is variable within a specified district, the director-general will determine the usual place of work. In this case a minimum of 20 minutes travelling time each way will apply where an employee is directed to work at another location before an employee is entitled to payment for the excess travel time.

12.7 Excess fares

(a) An employee will be entitled to the reimbursement of excess fares incurred by the employee performing duty temporarily at a place other than the employee’s usual place of work, when the cost of travelling to and from the temporary place of work is greater than the cost of travelling to and from the employee’s usual place of work, except where:

(i) the employee is in receipt of an allowance under subclause 12.9, or reimbursement of travel expenses under the Public Sector Management Standards; or

(ii) the employee has been notified in writing to proceed to a place of work in anticipation of a permanent transfer to that place of work.

(b) A fare will be deemed to have been incurred if the employee has used a bicycle or other form of locomotion or has walked instead of using a public conveyance.

12.8 Vehicle allowance

Where an employee is requested or authorised to use their own vehicle for travelling from job to job during their working day for purposes of their employer’s business, the employee will be reimbursed for the reasonable expenses associated with this use. Where paragraph 12.6(d)(ii) applies, travel time at the beginning or end of work on any day will not count as time worked.

12.9 Intermittent driving allowance

An employee, other than one performing the duties of a motor driver, who is required to undertake intermittent driving duties as an incident of the employee’s employment involving the acceptance of full responsibility for the operation of a vehicle, will be paid an allowance for each day or part of a day so employed, computed on a daily basis in accordance with the following:

Type of Vehicle	Allowance to raise salary to the undermentioned rate ($ pa)
	Under 19	At 19	At 20
Passenger vehicle or commercial vehicle with a carrying capacity under 6 tonnes	70% of General Service Officer level 3	80% of General Service Officer level 3	100% of General Service Officer level 3

12.10 Isolated establishment allowance

(a) An allowance is payable to employees to provide assistance to undertake additional commuting as a result of their place of work being located outside of an urban area.

(b) Employees will not be eligible for the allowance payment when:

(i) an employee receives any payment of motor vehicle allowance or excess fares under the provisions of this Award; or

(ii) an employee resides in a dwelling owned or leased by the ACTPS where the dwelling is situated at, or within 5 kilometres of, the isolated establishment.

[12.10(c) varied by PR581301, PR592398, PR606621, PR704111, PR719115, PR740993, PR762421, PR774206 ppc 01Jul24]

(c) Where an employee travels to an isolated establishment in his or her private motor vehicle in order to attend for ordinary work, or in respect of a period of extra duty where the employee has been directed to return to that location, the employee will be entitled to be paid a daily rate of allowance calculated using the following formula:

Distance - 5 (kms) x Rate ($1.01 per km) x 2

where: Distance is the shortest distance by road between the nearest Canberra-Queanbeyan urban boundary (or the boundary of such other urban area or locality which is closer to the isolated establishment) and the place of work.

(d) For the purposes of calculating the daily amount of isolated establishment allowance payable in respect of duty performed at Jervis Bay Primary School, Distance is taken to be 11.3 kilometres.

(e) Where an employee is transported to an isolated establishment at the expense of the employer, the amount of the allowance to be paid to the employee will be half the amount calculated in accordance with paragraph 12.10(c).

(f) The following definitions apply for the purpose of this subclause:

(i) Isolated establishment means a place of work that is located more than 5 kilometres beyond the limits of the Canberra-Queanbeyan urban boundary, or the boundary of such other urban area or locality which is closer to the isolated establishment.

(ii) Urban boundary means the external boundary of the contiguous region described as ‘Canberra’ and ‘Queanbeyan’ as defined by the Australian Bureau of Statistics in the Australian Standard Geographical Classification (ASGC) Section of State (SOS) Structure from time to time.

(iii) Place of work means the actual place of work, or the place where vehicles are required to be parked, as the case may be, but excludes a temporary place of work.

12.11 Meal allowance

[12.11(a) varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

(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 of $31.71 in addition to any overtime.

A meal period means the following periods:

(i) 7.00 am to 9.00 pm;

(ii) 12 noon to 2.00 pm;

(iii) 6.00 pm to 7.00 pm; and

(iv) Midnight to 1.00 am

Consistent with clause 5—Facilitative provisions, substituted meal periods may be utilised upon agreement between the director-general and the majority of affected employees in the directorate or agency. Such agreement will provide for four meal allowance periods in each 24-hour cycle.

(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.

(c) Where a three-course meal is obtainable by the employee at a canteen, cafeteria or dining room conducted, controlled, or assisted by the employer, the amount of the meal allowance will be the maximum amount for which a three-course meal is obtainable at the canteen, cafeteria or dining room, in substitution for the rate payable under paragraph 12.11(a).

12.12 Tool allowance

[12.12(a) varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

(a) Where an employer does not provide an employee who is engaged as a tradesperson with a kit of tools necessary for the performance of the employee’s duties, the employer will pay the employee a weekly allowance as follows:

Description	Weekly allowance $
Bricklayer/Tuckpointer	26.75
Carpenter/Joiner	37.59
Plumber	37.59
Painter	9.26
Glazier	9.26
Signwriter	9.26
Gilder	9.26
Plasterer	30.90
Metal Trades	20.08
Electrical Trades	20.08

(b) The allowance will be paid for all purposes of this award.

On commencement of employment, apprentices will be reimbursed for the purchase of a kit of tools. The provisions of this clause do not apply if the relevant director-general provides the kit of tools.

If the tools of trade are issued to the apprentice, at the end of twelve months service as an apprentice, the tools of the trade will be the property of the apprentice, provided that:

(i) should the apprentice cease to be an apprentice within twelve months of the date of commencement, the complete kit of tools will be returned to the directorate or agency;

(ii) the tools are to be made available for inspection by a directorate or agency representative at regular intervals, and maintained in good order and condition during the period of apprenticeship; and

(iii) the apprentice is responsible for the replacement of tools included in the kit of tools referred to in this clause.

On commencement of the second year of apprenticeship and thereafter an apprentice is entitled to be paid the tool allowance based on the percentages contained in paragraph 11.3(b).

12.13 Loss of tools

[12.13 varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

Compensation must be made to the extent of the damage sustained where, in the course of the work, clothing, spectacles, hearing aids or tools are damaged or destroyed by fire or molten metal, or through the use of corrosive substances. The employer’s liability in respect of tools is limited to tools of trade which are ordinarily required for the performance of the employee’s duties. Such compensation will not exceed $2185.

12.14 Building trades – grindstone

(a) An employee occupying a position classified as General Service Officers level 5, performing the functions of Carpentry tradesmen will have access during working hours, to suitable grindstone or wheel together with power.

[12.14(b) varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

(b) If access to a grindstone or wheel is not made available the employer will pay to each General Service Officers level 5 so engaged to whom such access is not available, $8.79 per week.

12.15 Horse and dog allowance

(a) A Ranger who provided a horse for the purpose of his employment shall be paid in addition to his ordinary rate of pay, the appropriate allowance as follows:

[12.15(a)(i) varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

(i) Horses and saddlery hire - $27.55 per week.

(ii) In addition to the allowance for hire, an allowance for fodder based on the average retail price, to be ascertained in accordance with this paragraph, shall be paid in respect of the following weekly ration:

· Chaff - 60 Kilograms

· Oats - 20 Kilograms

· Bran - 20 Kilograms

(iii) Where the use of a second horse is authorised the allowance in respect of that horse shall be 55 percent of the allowance for the first horse.

[12.15(b) varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

(b) A Ranger who is required to keep a pack of dogs to be used in the course of his employment shall be paid an allowance of $19.68 per week. Provided that the cost of registration, where not less than two dogs are used in connection with his employment, shall be reimbursed by the employer.

(c) No reduction in the allowances provided for in this clause shall be made where the employee is absent from duty on public holidays, annual leave, compassionate leave or sick leave with pay up to a period of one month.

12.16 Qualification Allowances

An employee is eligible to receive payment under this clause during periods of paid leave granted under this award:

(a) If leave is on reduced pay, the rate of allowance to be paid to the employee will be reduced proportionately.

(b) If leave is without pay, payment of the allowance will stop for the period of leave without pay.

An allowance paid under subclause 12.17 or 12.19 will be discontinued when an employee is transferred temporarily or permanently to other duties which do not require the exercise of the skills to which the allowance relates.

12.17 First aid allowance

[12.17 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

An employee who has been trained to render first aid and who is the holder of an appropriate and current first aid qualification, such as a certificate from St John Ambulance or a similar body, if appointed by the director-general to perform first aid duties, must be paid an allowance as follows:

Level of examination qualification	Rate of allowance $ per week
Basic Level: A Certificate awarded by a Registered Training Organisation that is accredited to deliver First Aid training. This would normally be based on a minimum of 8 hours training and would include the following: • Expired air (EAR) • Cardiopulmonary resuscitation (CPR) ) • Life threatening emergencies and) • General minor first aid treatment)	14.78
Advanced Level: Based on a minimum of 18 hours training, which builds on the base level training outlined above, and includes training in first aid management and procedures in a workplace environment.	18.40
Occupational or Specialist Level: Based on a minimum of 30 hours training, which builds on the advanced level training outlined above. The training required to meet this level will include the ability to competently render first aid in the workplace in the context of the A.C.T. Occupational Health and Safety legislation.	22.27

12.18 Community language allowance

[12.18(a) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

(a) Where, in providing client or staff services, the director-general 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 (both oral and sign language) and Aboriginal languages, 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	Rate of allowance $ per week
CLA Rate 1	An employee who: is certified by the National Accreditation Authority for Translators and Interpreters (NAATI) as a Translator or Interpreter at level 1; or is assessed to be at the equivalent levels by an individual or body approved by the director-general.	25.29
CLA Rate 2	An employee who: is certified by the NAATI as a Translator or Interpreter at level 2; or is assessed to be at the equivalent levels by an individual or body approved by the director-general.	50.60

(b) Employees who are classified as an Interpreter or Translator are not eligible for the allowance.

(c) Eligible part-time employees are entitled to receive the allowance on a pro-rata basis.

12.19 Pest inspection certificate

[12.19 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

An employee occupying a position classified as General Service Officer level 4 who performs pest inspector functions and who possesses a Technical College qualification relevant to those duties, shall receive an additional $5.76 per week.

12.20 Electrical trades employee – licence allowance

[12.20 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Any employee performing the functions of the obsolete classifications of Electrical mechanic, Electrical fitter, Electrician special class or Electronics tradesman (as defined), who is required to carry out work for which a licence is necessary and who holds a licence issued by the appropriate authority to perform every class of electrical wiring work, shall receive an additional amount of $31.61 per week.

12.21 Plumber’s licence allowance

[12.21 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

An employee occupying a position classified as General Service Officer level 5, 6, or 7, who is performing plumbing trade functions and is engaged on water supply and/or sanitary plumbing work as defined by the Canberra Sewerage and Water Supply Regulations, and who holds current licences under the regulations, will be paid a licence allowance at the rate of $41.45 per week. This amount will be taken into account in calculating payment for all purposes.

Disability Allowances

12.22 Non-cumulative

(a) In respect of each item number specified below, and in Column 1 of Table 2 at Schedule B, an employee of a type or types described in Column 2 of the Table, who experiences a disability described in Column 3 of the Table, will be paid the rate of allowance set out in Column 4 and Column 6 of the Table, for the period specified in Column 5 of the Table.

1.	Aquatic ponds
2.	Asbestos eradication
3.	Asbestos handling
4.	Barber-Greene operator
5.	Bitumen and asphalt
6.	Brick cleaning
7.	Brick cutting
8.	Cleaning economisers, etc.
9.	Construction/repairs to boilers, flues, etc.
10.	Diesel engines
11.	Dry polishing of tiles
12.	Epoxy-based materials – close proximity
13.	Epoxy-based materials – use
14.	Explosive power tools
15.	Fumes
16.	Heavy blocks
17.	Height work – painting trades
18.	Insanitary/sewerage sludge
19.	Insulation
20.	Lead burning
21.	Live sewer work
22.	Plaster or composition
23.	Rain
24.	Roof repairs
25.	Second hand timber
26.	Sewerage pit work
27.	Sewerage tunnels
28.	Slushing
29.	Spray gangs
30.	Spray painting
31.	Swing scaffold – first four hours
32.	Swing scaffold – fifth and subsequent hours
33.	Tile cutting
34.	Trenches
35.	Underground
36.	Unsewered toilet
37.	Unusually obnoxious work
38.	Window cleaning
39.	Working aloft
40.	Working aloft - trees

(b) An employee will be eligible to be paid an allowance under this subclause only for such periods as the employee directly experiences a disability. Where an employee directly experiences a disability for a part of the period specified in Column 5 of Table 2 at Schedule B, the employee will be deemed to have experienced the disability for the entire period.

(c) An employee who experiences more than one disability under this subclause will only be entitled to receive payment in respect of the disability which attracts the higher (or the highest) rate of allowance.

(d) Where an employee experiences a disability while working on shifts which attract penalty rates or while working overtime at overtime rates, the rate of allowance payable is not increased.

(e) A building services employee, as defined, is not eligible to be paid a disability allowance under this subclause, with the exception of the allowance payable under item 38 of Table 2 at Schedule B – Window cleaning.

(f) A supervisory employee, as defined, is not eligible to be paid a disability allowance under this subclause, with the exception of the allowance payable under item 2 of Table 2 at Schedule B – Asbestos eradication, which will be paid to a foreman or a works supervisor experiencing this disability.

12.23 Cumulative

(a) In respect of each item number specified below, and in Column 1 of Table 1 at Schedule B, an employee of a type or types described in Column 2 of the Table, who experiences a disability described in Column 3 of the Table, will be paid the rate of allowance set out in Column 4 and Column 6 of the Table, for the period specified in Column 5 of the Table.

1.	Cold places
2.	Confined spaces
3.	Dirty work
4.	Height
5.	Hot places – between 46 and 54 degrees Celsius
6.	Hot places – more than 54 degrees Celsius
7.	Wet places

(b) An employee will be eligible to be paid an allowance under this subclause only for such periods as the employee directly experiences a disability. Where an employee directly experiences a disability for a part of the period specified in Column 5 of Table 1 at Schedule B, the employee will be deemed to have experienced the disability for the entire period.

(c) Where an employee is eligible to receive more than one allowance under this subclause, the rates payable will be cumulative.

(d) Where an employee experiences a disability while working on shifts which attract penalty rates or while working overtime at overtime rates, the rate of allowance payable is not increased.

(e) A building services employee, a supervisory employee or a Ranger, as defined, is not eligible to be paid a disability allowance under this subclause.

(f) While an employee is eligible for, and is paid, construction industry allowance under subclause 12.24, the employee will not be eligible to be paid an allowance in respect of the disabilities provided for in items 3, 4 or 7 of Table 1 at Schedule B.

12.24 Construction Industry Allowance

[12.24(a) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

(a) In addition to the rates prescribed for applicable allowances in this clause, each civil construction employee, building trades employee, electrical trades employee, metal trades employee or plant operator, as defined, engaged on on–site construction work will be paid an industry allowance of $39.67 per week to compensate for the following disabilities of the industry:

(i) climatic conditions when working in the open on all types of work or on a multistorey building prior to it being enclosed;

(ii) the physical disadvantages of having to climb stairs or ladders, particularly on multistorey buildings prior to an elevator being available;

(iii) dust blowing in the wind on building sites;

(iv) sloppy and muddy conditions associated with the initial stages of the erection of a building;

(v) dirty conditions caused by the use of form oil or from green timber;

(vi) drippings from newly poured concrete;

(vii) the disability of working on all types of scaffolds, other than a single plank swing scaffold or a bosun’s chair; and

(viii) the lack of the usual amenities associated with factory work (e.g. meal rooms, change rooms, lockers, etc.).

(b) An employee will be eligible to be paid construction industry allowance under this subclause only for such periods as the employee directly experiences the disabilities of on-site construction work. Where an employee experiences these disabilities for a part of a week, the employee will be paid one fifth of the weekly amount specified in paragraph 12.24(a) above in respect of each day, or part of a day, during which the employee experiences the disabilities.

(c) Construction industry allowance is to be taken into account when calculating the payments to be made to employees who experience the disabilities of on–site construction work on shifts attracting shift work penalties or during periods of overtime.

(d) A building services employee, food services employee, supervisory employee or a Ranger, as defined, is not eligible to be paid construction industry allowance.

12.25 Plumbing tradespeople – disability and related allowances

[12.25(a) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

(a) Employees (including apprentices) performing plumbing trade functions, will be paid a weekly allowance of $29.80 which will count as salary for all purposes of this award. This allowance is in compensation for:

(i) work requiring a swing scaffold, swing seat or rope, or on a ladder exceeding eight metres in height;

(ii) cleaning stoppages in soil or waste pipes, or sewer drain pipes; also repairing and putting same in proper order;

(iii) work in any confined space;

(iv) work in wet places;

(v) dirty or offensive work.

(b) An employee receiving plumbing disabilities allowance is not eligible to receive the disability allowances set out in items 2, 3 and 7 of the Table at paragraph 12.23(a), and items 27 and 31 of the Table at paragraph 12.22(a).

(c) While an employee is eligible for and is paid construction industry allowance under subclause 12.24, the employee will not be eligible to be paid plumbing disabilities allowance under this clause, but will become eligible to receive the disability allowances set out in item 2 of the Table at paragraph 12.23(a), and items 27 and 31 of the Table at paragraph 12.22(a).

(d) Other allowances to plumbers:

Employees performing plumbing trade functions or apprentices to that trade are eligible for the following disability allowances:

(i) Asbestos eradication

(ii) Asbestos handling

(iii) Chokage

(iv) Cold work

(v) Epoxy-based materials

(vi) Explosive powered tools

(vii) Height

(viii) Hot bitumen

(ix) Hot work

(x) Insulating materials

(xi) Lead burning

12.26 Plant operators – concrete pour during rain

Where it is necessary to complete a concrete pour during rain an employer may require employees to continue working. For such work such employees shall receive an addition of 25% to their ordinary rate.

Functional Allowances

12.27 Compute quantities

[12.27 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

An employee occupying a position classified as General Service Officer level 2, 3 or 4 who is regularly required to compute or estimate quantities of materials in respect of the work performed by other employees will be paid an additional $6.51 per day or part thereof. Provided that this allowance will not apply to an employee receiving an allowance in accordance with subclause 11.5—Higher duties.

12.28 Plant operator - sideling allowance

[12.28 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411. PR740835, PR762255, PR774040 ppc 01Jul24]

A driver operating a tractor fitted with a blade and using such blade in breaking trail in heavy sideling country shall be paid an allowance of $0.47 per hour for the time so occupied.

12.29 Senior plant operator

[12.29 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Where a driver of an item of plant holds an engine drivers certificate or has been trained in the work of normal field servicing and maintenance such as cleaning, refuelling, cleaning and replacing lubricating filter, general checking and tightening of bolts, replacement of cutting edges and expendable ropes and the carrying out of field adjustments provided these do not require cutting or shaping of metal, fitting or replacement of parts other than the before mentioned expendable items, shall be regarded as a senior plant operator and in addition to the ordinary rate of pay shall be paid an extra $21.25 per week.

12.30 Plant operator - Kerrick cleaner

[12.30 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Employees engaged in operating a “Kerrick Cleaner” shall be paid $3.54 extra per day or portion of a day during which they are so engaged.

12.31 Diamond driller

[12.31 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

An employee occupying a position classified as General Service Officer performing the functions of the obsolete classification of Diamond Driller who is required to carry out normal field servicing and maintenance such as cleaning, refuelling, general checking, tightening of bolts, and other duties associated with the servicing of the unit; such employee shall be paid, in addition to the ordinary rates of pay, an extra $6.65 per week.

12.32 Pest Control Unit

[12.32 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Employees engaged on a permanent basis as members of the Pest Control Unit will be paid $14.61 per week for all purposes of the Award, having regard to particular and specific conditions and requirements of their work.

12.33 Gardener in charge

[12.33 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

An employee occupying a position classified as General Service Officer level 5 performing the functions of gardener-in-charge who is required to supervise two or more major plant items (as defined) shall be paid an extra rate of $9.56 per week. “Major plant items”, shall mean tractors, front or back end loaders, concrete pavers or power graders, provided such items are of 30 kW power or more and any other item of earth moving, stone crushing or stone getting equipment of 30 kW power or more.

[12.34 inserted by PR581290 ppc 01Jul16]

12.34 The qualification and functional allowances listed in clauses 12.17 to 12.33 are adjusted in accordance with increases to wages.

13. Superannuation

[Varied by PR771423]

[13.1 substituted by PR771423 ppc 09Apr24]

(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b) The rights and obligations in clause 13 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

13.2 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.

13.3 The rights and obligations in these clauses supplement those in superannuation legislation.

(a) Employer contributions – The ACT Government is required to make such superannuation contributions to a complying superannuation fund for the benefit of an employee so as to avoid liability to pay a superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 (Cth) with respect to that employee.

(b) Voluntary employee contributions

(i) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in paragraph 13.3(a).

(ii) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(iii) The employer must pay the amount authorised under paragraphs 13.3(b)(i) or 13.3(b)(ii) no later than 28 days after the end of the month in which the deduction authorised under paragraphs 13.3(b)(i) or 13.3(b)(ii) was made.

[13.4 varied by PR771423 ppc 09Apr24]

13.4 Unless, to comply with superannuation legislation, the ACT Government is required to make the superannuation contributions provided for in clause 13.3(a) to another superannuation fund, the ACT Government is permitted to make the superannuation contributions provided for in clause 13.3(a) and pay any amount authorised under clauses 13.3(b)(i) or 13.3(b)(ii) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) any superannuation fund that offers an employer MySuper product (within the meaning of the Act) and is on the Schedule of Approved Employer MySuper Products;

(b) any superannuation fund that is an exempt public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth));

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

(d) any superannuation fund in relation to which a transitional authorisation is in operation under section 156K of the Act.

[13.5 varied by PR771423 ppc 09Apr24]

13.5 If contributions are not made to a superannuation fund referred to in clause 13.4, the ACT Government is required to make contributions, for the benefit of a default fund employee, to First State Super (FSS) or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries.

Part 5—Penalties and Overtime

14. Penalty rates - shiftworkers

14.1 General

(a) Shift penalty payments will not be taken into account in the computation of overtime or in the determination 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 or under the provisions of the relevant Act or subordinate legislation under which the employee is employed.

(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.

(c) The period for which the additional payment prescribed by this clause is to be paid, will be calculated to the nearest 15 minutes of the total amount to be claimed in each fortnightly period.

(d) Additional payment for shift duty, as provided by this clause, is to be made in respect of any such duty which an employee would have performed had the employee not been on approved annual leave.

14.2 A shiftworker will be paid the following penalty rates:

(a) for all ordinary hours worked by the shiftworker during the following periods:

Ordinary hours worked		Pay rate
Ordinary hours	See subclause 8.3 No penalty rate	ordinary hourly rate (100%)
1. Night	Entire shift - where an employee is rostered to perform and performs ordinary duty on a shift, any part of which falls between the hours of 6.00 pm and 6.30 am	115%
2. Continuous Night	Entire shift - where an employee is required to work ordinary hours continuously on a shift falling wholly within the hours of 6.00 pm and 8.00 am for a period exceeding four weeks	130%
3. Saturday	All hours of ordinary duty	150%
4. Sunday	All hours not in excess of prescribed weekly hours	200%
5. Public Holiday or Additional Holiday	All hours not in excess of prescribed weekly hours. The minimum extra payment for each separate attendance is: (a) four hours, other than any restriction situation; or (b) three hours, in any restriction specified in subclause 16.11, other than Duty Officer, provided that where more than one attendance is involved the minimum payment provision will not operate to increase an employee’s extra remuneration beyond that he/she would have been entitled had he/she remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance. For the purpose of this provision: (a) duty broken by a meal period constitutes one attendance; and (b) the minimum extra payment will not be applicable to holiday ordinary duty which (disregarding meal periods) is continuous with ordinary duty occurring on the day preceding or on the day succeeding the holiday. For hours not exceeding the employee’s ordinary hours of duty, payment at the rate of 150% in addition to the employee’s ordinary rate of pay, for hours actually worked.	250%

(b) The following provisions will only apply to civil construction employees, electrical trades employees, and metal trades employees, as defined:

(i) An employee who performs ordinary duty on any of the days Monday to Friday, on any shift which ends after 6.00 pm and before 8.00 am, will be paid a loading of 25% of their ordinary time earnings for all hours worked on that shift.

(ii) Where afternoon or night shift duty does not continue for five successive afternoons or nights in a five-day establishment, or six successive afternoons or nights in a six-day establishment, employees shall be paid for all time worked on such shifts at the rate of 150% of their normal rate of pay.

14.3 In respect of part-time employees, item 2 of the table at subclause 14.2 will only apply where:

(a) a part-time 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

(b) the shift worked by a part-time employee is part of a full-time shift, that full–time shift falls wholly within the hours of 6.00 pm and 8.00 am.

14.4 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.

15. Rostered Days Off

Consistent with clause 5—Facilitative provisions, the director-general and the majority of employees may agree to establish an alternative system of rostered days off (RDO) for those employees who are entitled to a RDO in a regular cycle. Such a system will provide:

(a) for an employee to elect to take a RDO at any time; and/or

(b) for an employee to elect to take RDO in part day amounts; and/or

(c) for an employee to elect to accrue some or all RDO for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed;

provided that such elections are agreed by the director-general and variations to standard RDO arrangements are recorded in the time and wages records.

16. Overtime

[Varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040]

16.1 Overtime to be reasonable

(a) 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.

(b) Payment for overtime is subject to the overtime being directed, or if circumstances do not permit prior direction subsequently directed to be worked, by the director-general.

16.2 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 computation of overtime is to include higher duties allowance and/or any allowance payable during a period of annual leave.

(c) Overtime is to be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly period.

16.3 Definition of overtime—employees other than shiftworkers

(a) Full-time employees

Work will be considered overtime for a full-time day worker, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:

(i) In respect of an employee performing the duties of a classification listed in Table 1 and Table 2 of Schedule A:

· Monday to Friday, outside the span of ordinary hours;

· 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

· on a Saturday, Sunday or a holiday.

· in respect of hours worked in excess of the employee’s full-time or part-time fortnightly hours of duty.

(ii) In respect of an employee performing the duties of a classification listed in Table 3 of Schedule A:

· outside the span of hours set out in paragraph 8.2(c)(iii) with the exception that any work performed by an employee prior to the span of hours which is continuous with ordinary hours for the purpose, for example, of getting a workplace, work site or equipment in a state of readiness for work, is to be regarded as part of the 38 ordinary hours of work.

(iii) In respect of an employee performing the duties of a Public Affairs Officer grade 1 or grade 2 listed in Table 4 of Schedule A:

· which is not continuous with the employee’s ordinary hours;

· on any day which is continuous with the employee’s ordinary hours and which, in whole or part, falls outside the span of hours and is in addition to ordinary hours of duty;

· on any day which is continuous with the employee’s ordinary hours and falls wholly within the span of hours and which exceeds the employee’s prescribed weekly hours of duty.

An unpaid meal break shall not be regarded as breaking continuity of duty for these purposes.

(b) Part-time employees

(i) 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:

· which is not continuous with an employee’s ordinary hours of work as prescribed in paragraph 6.4(e);

· on any day which is continuous with an employee’s ordinary hours of work as prescribed in paragraph 6.4(e), and in whole or in part, falls outside the period 8.00 am to 6.00 pm, where the employee also completes the ordinary hours of duty on that day; or

· which is continuous with an employee’s ordinary hours of work, and falls wholly within the period 8.00 am to 6.00 pm and exceeds, in any one week, that employee’s prescribed weekly ordinary hours of work as prescribed in paragraph 6.4(e).

(i) Work will be considered overtime for a casual employee, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:

· Monday to Friday, outside the span of ordinary hours;

· on a Saturday, Sunday or a holiday; or

· in excess of the ordinary hours of work of a full-time employee on any day or shift.

16.4 Overtime rates—employees other than shiftworkers

(a) Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime time rate
Monday to Saturday—first 3 hours	150%
Monday to Saturday—after 3 hours	200%
Sunday—all day	200%
Public Holiday or Additional Holiday—all day	250%

(b) The following provision will only apply to building trades employees and civil construction employees, as defined. When an employee is required to perform additional duty in accordance with subclause 16.1, payment will be made at the rate of time and a half (150%) for the first two hours (in lieu of 3 hours) and double time (200%) thereafter, for any time of duty beyond the normal full-time hours of duty on any day Monday to Saturday.

16.5 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 it is performed:

(i) on any day which is outside the normal rostered ordinary hours of duty on that day; or

(ii) 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 a part-time 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; and

(ii) in excess of the employee’s prescribed weekly ordinary hours of work under paragraph 6.4(e).

Work will be considered overtime for a casual 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.

16.6 Overtime rates—shiftworkers

(a) Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime time rate
Monday to Friday—first 3 hours	150%
Monday to Friday—after 3 hours	200%
Saturday and Sunday—all day	200%
Public Holiday or Additional Holiday—all day	250%

(b) The following provision will only apply to building trades employees and civil construction employees, as defined. When an employee, who is a shiftworker, is required to perform additional duty in accordance with subclause 16.1, payment will be made at the rate of double time (200%) for any time of duty beyond the normal full-time hours of duty on any day Monday to Saturday.

(c) In respect of employees performing the duties of classifications listed in Table 3 of Schedule A, where a casual shiftworker employee works overtime the employer must pay to the employee the higher of:

(i) the overtime rate (see paragraph 16.6(a)or 16.6(b)); and

(ii) the casual penalty rate (see paragraph 14.2(a)) plus casual loading (see paragraph 6.5(d)(i)).

(d) The provisions of paragraph 16.6(a) do not apply when the time is worked:

(i) by arrangement between employees themselves;

(ii) for the purposes of effecting the customary rotation of shifts; or

(iii) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for the day in accordance with clause 10—Stand down.

(e) Saturday duty

(i) Payment for overtime duty performed on a Saturday is to be made at the rate of double time (200%). Where Saturday overtime attendance is not continuous with ordinary duty, the resulting payment will be subject to the minimum overtime payment provisions at subclause 16.9.

(ii) The period for which the additional payment prescribed by this clause is to be paid, will be calculated to the nearest 15 minutes of the total amount to be claimed in each fortnightly period.

(f) Sunday duty

(i) Except as provided at paragraphs 16.6(f)(ii) and 16.7(c), payment for overtime duty performed on a Sunday is to be made at the rate of double time (200%). Where Sunday overtime attendance is not continuous with ordinary duty, the resulting payment will be subject to the minimum overtime payment provisions at subclause 16.9.

(ii) Except as provided at paragraph 16.7(c), an employee who has been directed to perform a full days duty on a Sunday which is in addition to the employee’s prescribed hours of duty for the week will, wherever practicable, be granted a day off during the succeeding 6 days. The payment for Sunday attendance in such cases will be a single day’s (100%) pay.

(g) Holiday duty

Overtime worked on a public holiday is to be paid at the rate of double time and a half (250%), provided that in the case of a holiday overtime attendance not continuous with ordinary duty, the payment is subject to the minimum overtime payment provisions at subclause 16.9.

16.7 Payment for overtime

(a) The hourly rate for overtime payment is ascertained by applying the following Formulae:

(i) Time and a half rate (150%)

Annual Salary	X	6	X	-3
Prescribed weekly hours before overtime is payable		313		2

(ii) Double Time rate (200%)

Annual Salary	X	6	X	-2
Prescribed weekly hours before overtime is payable		313		1

(b) For the purposes of paragraph 16.7(a) the “prescribed weekly hours before overtime is payable” is 38 unless otherwise specifically provided.

(c) An employee is not eligible to receive payment for overtime under this clause, except with the approval of the director-general, if the employee occupies a position with a classification having an annual salary of:

(i) Senior Officer grade C (or equivalent) or higher, in respect of classifications listed in Table 1 of Schedule A.

(ii) Senior Adviser level 1 or higher, in respect of classifications listed in Table 2 of Schedule A.

In determining a claim or claims for overtime from an employee above the salary barrier, the employer will take into account such records of attendance that may demonstrate that the employee has worked regular and/or excessive overtime.

(d) In the case of part-time employees in a classification above the salary barrier, authorised extra duty will be paid at the employee’s normal hourly rate in respect of duty performed outside the ordinary hours as prescribed at paragraph 6.4(e) subject to the total of ordinary hours and extra duty not exceeding:

(i) on any day, a maximum of either 7 hours and 21 minutes, or 7 hours and 36 minutes ordinary and extra duty as applicable to an equivalent full-time employee; and

(ii) in any week, a maximum of either 36.75 hours, or 38 hours ordinary and extra duty as applicable to an equivalent full-time employee.

(e) Where an overtime attendance is not continuous with ordinary duty, and in circumstances where overtime is payable, the minimum overtime payment provisions contained in subclause 16.9—Minimum overtime payments apply.

(f) For the purposes of calculating overtime payments, each day or shift shall stand alone.

16.8 Rest period after overtime

(a) Where an employee is required to perform extra duty between the end of one day’s ordinary duty and the start of the next day’s ordinary duty, the employee shall be allowed a break from work of no less than eight hours’ duration, plus reasonable travelling time for travel between the employee’s workplace and the employee’s home.

(b) An employee, other than a casual employee, in a classification where the rate for the classification is below the salary barrier, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least eight consecutive hours (exclusive of reasonable travelling time) off duty between those times must be released after completion of such overtime until they have had such time off duty, without loss of pay for the ordinary working time involved.

(c) If such employee is required to resume or continue work without having had such time off duty, they must be paid at double rates (200%) for such period until released from duty and must then be entitled to be absent until they have had such time off duty without loss of pay for any ordinary working time occurring during that absence.

(d) The provisions of this clause will apply only to employees who are eligible for overtime payment under subclause 16.4 or paragraph 16.6(a).

(e) The provisions of paragraph 16.8(a) do not apply to casual employees. Where it is not practicable for the employer to defer the commencing time of any subsequent shift to allow a casual employee at least eight hours off duty after overtime, the penalty rates and other provisions of paragraph 16.8(b) will apply.

(f) The provisions of paragraphs 16.8(a) and 16.8(b) do not apply to overtime worked in the circumstances covered by subclause 16.10—Emergency duty unless the actual time worked is at least three hours on each call.

16.9 Minimum overtime payments

(a) The following minimum overtime payments apply unless the overtime duty is emergency duty under subclause 16.10 or is performed in a restriction situation under subclause 16.11—Restriction duty.

(b) Subject to this clause, where an employee is required to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment payable for each separate overtime attendance is four hours at the prescribed overtime rate.

(c) 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 are to be disregarded.

(d) Where an overtime attendance, not continuous with ordinary duty, 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.

(e) An employee who performs overtime while in a restriction situation under subclause 16.11 will be entitled to a minimum overtime payment as specified in those provisions.

(f) 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.

16.10 Emergency duty

(a) Where an employee 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 duty, the employee will be paid for such emergency duty at the rate of double time (200%).

(b) The time for which payment will be made will include time necessarily spent in travelling to and from duty.

(c) The minimum payment under this clause will be two hours at double time (200%).

(d) The provisions of this clause do not apply to an employee:

(i) whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.

(ii) when the employee is placed on-call and is paid the allowance set out in subclause 16.11.3.

16.11 Restriction duty

16.11.1 An employee may be directed to be contactable and to be available to perform extra duty outside of the employee’s ordinary hours of duty, subject to payment under this clause.

16.11.2 Payment will be subject to the following conditions:

(a) except with the approval of the director-general, employees ineligible for overtime payment under subclause 16.13 will not be eligible to receive payment under this clause.

(b) no payment will be made to an employee under this clause for a period of restriction where the employee does not hold himself or herself in readiness to perform extra duty, or does not observe the instructions of the director-general as to restrictions outside of ordinary hours of duty.

(c) the provisions of subclause 16.10 – Emergency duty will not apply where an employee is recalled to duty while in any restriction situation specified in this clause.

16.11.3 On-call

(a) On-call applies where an employee is instructed, prior to ceasing duty, of a requirement or possible requirement to attend for extra duty some time before the next normal time of commencing duty and that the employee is to be contactable and available to return to duty without delay or within a reasonable time of being recalled.

(b) The rate of payment for on call will be:

[16.11.3(b)(i) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

(i) $14.28 per night; or

[16.11.3(b)(ii) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

(ii) $35.88 when on call for a day and a night.

16.11.4 Close call

(a) Close-call applies where an employee is instructed, prior to ceasing duty, of a requirement or possible requirement to attend for extra duty of an emergent character some time before the next normal time of commencing duty and that the employee is to be contactable and available for immediate return to duty.

(b) An employee restricted to close call, must:

(i) remain within a radius of 30 minutes travelling time from the work site; and

(ii) commence the return to work journey immediately on being recalled, being within 5 minutes from time of recall.

(c) In special circumstances going to staffing or operational reasons, an employee who cannot meet the foregoing requirements may be deemed to be in the close-call category if able to return to the work site within 45 minutes from time of recall.

(d) The rate of payment for close call will be:

[16.11.4(d)(i) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR762255, PR774040 ppc 01Jul24]

(i) $-28.55 per night; or

[16.11.4(d)(ii) varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

(ii) $71.78 when on close call for a day and a night.

16.11.5 Stand-by

(a) Stand-by applies where an employee is instructed, prior to ceasing duty, of a possible requirement to attend for extra duty sometime before the next normal time of commencing duty and that the employee is to remain at home and be available for immediate return to duty.

(b) The rate of payment for stand-by will be half (50%) the employee’s ordinary rate of salary for the proportion of the period of stand-by, calculated in accordance with the provisions of subclause 16.11.8.

(c) The following provision will only apply to building trades employees and civil construction employees, as defined. Subject to any custom now prevailing under which an employee is required to hold himself or herself in readiness for a call back, an employee required to hold himself or herself in readiness to work after hours will, until released, be paid stand-by time at ordinary rates (100%) from the time from which he or she is to hold himself or herself in readiness.

16.11.6 Home duty officer

(a) Home duty officer applies where an employee is required to stand-by at home to perform intermittent duties at home on an ad hoc or predetermined basis, normally involving receiving and/or making telephone calls, and may also be required for immediate return to duty.

(b) The rate of payment for home duty officer will be three quarters (75%) of the employee’s ordinary rate of salary for the proportion of the period of stand-by, calculated in accordance with the provisions of subclause 16.11.8.

(c) Payment in respect of Sundays and Public Holidays is at the following rates:

(i) Sundays – single (100%) the employee’s ordinary rate of salary.

(ii) Public Holidays – 1.25 times (125%) the employee’s ordinary rate of salary.

16.11.7 Duty officer

(a) Duty Officer applies where an employee is required to remain in attendance at the place of employment overnight and/or over a non-working day, and may be required to perform certain tasks periodically or on an ad hoc basis.

(b) Where overtime performed whilst rostered as Duty Officer is paid as overtime, the proportion of the period of Duty Officer, calculated in accordance with the provisions of subclause 16.11.8, is to be paid at single (100%) the employee’s ordinary rate of salary.

Payment in respect of such calculated periods of Duty Officer performed on Sundays and Public Holidays is at the following rates:

(i) Sundays – four thirds (133%) the employee’s ordinary rate of salary.

(ii) Public Holidays – twice (200%) the employee’s ordinary rate of salary.

(c) Where overtime performed whilst rostered as Duty Officer is not paid as overtime, the proportion of the rostered period, calculated in accordance with the provisions of subclause 16.11.8, is to be paid at one and a quarter times (125%) the employee’s ordinary rate of salary.

Payment in respect of such calculated periods of Duty Officer performed on Sundays and Public Holidays is at the following rates:

(i) Sundays – five thirds (167%) the employee’s ordinary rate of salary.

(ii) Public Holidays – twice (200%) the employee’s ordinary rate of salary.

16.11.8 Payments for Stand-by, Home duty officer and Duty officer

(a) For the purposes of paragraphs 16.11.5(b), 16.11.6(b) and 16.11.6(c), and 16.11.7(b), payment of the rates for Stand-by, Home Duty Officer and Duty Officer will only be made for:

(i) three quarters (75%) of that part of the period of restriction which occurs on any day within the first 14 hours after the employee’s normal commencing time of ordinary duty, or after the time at which the employee last commenced ordinary duty, whichever is the later; and

(ii) one quarter (25%) of any period of restriction occurring in any 24-hour period outside the 14 hours referred to in paragraph 16.11.8(a)(i).

(b) Any part of a period of restriction in respect of which the employee receives payment under provisions other than in accordance with this clause (for example, overtime or excess travelling time provisions), will not be included in the period of restriction for purposes of calculating payments under this clause.

(c) Payment for Stand-by, Home Duty Officer, or Duty Officer is subject to the following conditions:

(i) an employee’s salary for the purpose of computation of payment will include higher duties allowance if applicable;

(ii) payment is to be calculated to the nearest quarter of an hour of the total period of restriction to which an employee is entitled to be paid within each fortnightly period;

(iii) the hourly rate of payment is ascertained by applying the following formula:

Annual Salary	X	6	X	Rate of payment prescribed in paragraphs 16.11.5 (b), before overtime is payable16.11.6(b) and 16.11.6(c), and 16.11.7(b)
Prescribed weekly hours		313

(iv) The maximum hourly rate is the rate ascertained by regarding “annual salary” in paragraph 16.11.8(c)(iii) above as the salary paid to an employee in a classification of an Administrative Service Officer class 4 (or equivalent).

(v) For the purposes of paragraph 16.11.8(c)(iii) the “prescribed weekly hours before overtime is payable” is 38 unless otherwise specifically provided.

16.11.9 Minimum payment

(a) The minimum payment for attendance for overtime or holiday ordinary duty to an employee restricted in any situation specified in this clause, with the exception of Duty Officer, is subject to the provisions of subclause 16.9 – Minimum overtime payments or paragraph 14.2(a) – Payment for holiday duty, as appropriate, provided that:

(i) except as provided under paragraph 16.11.9(a)(iii), the minimum overtime payment will be 3 hours (in lieu of the four hours prescribed in paragraph 16.9(b)); and

(ii) where more than one attendance is involved, the minimum overtime payment provision will (subject to a minimum payment of 3 hours) not operate to increase an employee’s overtime remuneration beyond that to which the employee would have been entitled had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.

(iii) where an employee is camped or is in residence within the project area, the minimum payment in respect of a recall to duty will be two hours (in lieu of the three hours) at the appropriate overtime rate.

(b) Such payment is not conditional upon whether the employee actually performs duty, or the employee working the full minimum period if the job they were recall to perform is completed in a shorter period.

(c) In respect of employees performing the duties of classifications listed in Table 3 of Schedule A:

(i) Paragraph 16.11.9(a) will not apply in cases where it is customary for an employee to return to the undertaking to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(ii) Overtime worked in the circumstances specified in this subclause will not be regarded as overtime for the purposes of subclause 16.8 – Rest period after overtime, where the actual time worked is less than three hours on the recall or on each of the recalls.

16.12 Time off in lieu of overtime

(a) Time off may be granted in lieu of overtime where the director-general 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 subclause 16.4 (for a day worker) or subclause 16.6 (for a shiftworker).

16.13 Provisions for employees at or above the Salary Barrier

(a) Except at the discretion of the director-general, employees in a classification where the rate for the classification is the rate above the salary barrier will not be entitled to receive overtime payments.

(b) In the case of part-time employees in the category in paragraph 16.13(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 paragraph 6.4(e), subject to the total of ordinary hours of work and extra work not exceeding:

(i) on any day, a maximum of 7 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 ordinary hours of work and extra work as applicable to an equivalent full-time employee.

Part 6—Leave, Public Holidays and other entitlements

17. Annual leave

As provided for by the NES, an employee (other than a casual employee) is entitled to four weeks of paid annual leave for each year of service. The following provisions supplement the NES.

17.1 Taking annual leave

(a) The taking of annual leave will be subject to the operational requirements of the directorate or agency.

(b) If an employer and the employee agree, annual leave may be taken in advance of the employee becoming entitled to the leave.

(c) Where an employee has accrued an annual leave credit that exceeds three years accrued entitlement the employer may direct the employee on how any annual leave credit in excess of three years accrued entitlement may be taken. Such a direction shall take into account the needs of the employee, the operational requirements of the workplace, the timing of the direction and the reasonableness of the period of notice given.

17.2 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under subclause 17.2.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under subclause 17.2.

(c) An employer and 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 subclause 17.2 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 subclause 17.2 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 four weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is two weeks.

(i) The employer must keep a copy of any agreement under subclause 17.2 as an employee record.

NOTE 1: Under section 344 of the Fair Work Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under subclause 17.2.

NOTE 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under subclause 17.2.

17.3 Additional leave for certain shiftworkers

(a) Shiftworkers, as defined in paragraph 8.3(a) will be entitled to an additional half a day paid annual leave for each Sunday rostered, up to a maximum of five days per year. A rostered overtime shift of three hours or more which commences or ceases on a Sunday will count in the calculation.

(b) Part-time employees will be entitled to leave under paragraph 17.3(a) only where the employee has a shift pattern involving the regular performance of rostered duty on Sundays and Public Holidays comprising not less than five shifts per week or an average of not less than the number of shifts per week of an equivalent full-time employee.

17.4 Closedown

Where an establishment observes a closedown at Christmas or another public holiday period, the director-general may direct that an employee at that establishment will observe that period of closedown 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, or leave can be provided under paragraph 17.1(b).

17.5 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.

(c) Where any designated public holiday for which the employee is entitled to payment occurs during any period of annual leave, the period of the holiday is not deducted from the employee’s annual leave entitlement.

17.6 Payment of accrued annual leave on termination of employment

(a) Where employment ceases, the employee will be entitled to payment in lieu of accrued annual leave. The payment will include the value of any outstanding annual leave credits, plus any pro-rata entitlement for which the employee is eligible.

(b) On ceasing employment, employees will be entitled to additional pro-rata credit if any days excluded from the normal leave accrual exceed 30 days over the previous 12 months.

(c) Payment in lieu will be calculated using the employee’s final rate of salary, including allowances that would have been included during annual leave.

17.7 Payment of accrued annual leave on death

Where an employee dies, or the director-general has directed that an employee will be presumed to have died on a particular date, payment for unused annual leave credits may be made/will be paid directly 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.

17.8 Annual leave loading

(a) In addition to normal salary payment for annual leave, an employee will be entitled to annual leave loading. The payment will be the greater of the following:

(i) a sum calculated as 17.5 % of the employee’s annual salary received on 1 January of the year in which the leave accrued and any additional payments which the employee would have received had the employee commenced annual leave on 1 January, excluding shift penalty payments, for the period of leave accrued; or

(ii) any shift penalties in respect of duty which the employee would have performed had the employee not been on approved annual leave.

(b) Payments under paragraph 17.8(a)(i) are subject to a maximum payment of the equivalent of the Australian Bureau of Statistics’ male average weekly total earnings for the September quarter of the year preceding the year in which the date of accrual occurs. Where leave accrual is less than for a full year, this maximum is applied on a pro rata basis.

(c) Where an employee commenced employment after 1 January of any year and the employee’s services were terminated before the end of that calendar year, the employee’s salary for purposes of this clause will be the 1 January equivalent of the salary payable to the employee upon the commencement of employment.

(d) A part-time employee will be entitled to the provisions of this clause, provided that the maximum payment specified in paragraph 17.8(b) is calculated as follows:

A X B
C
where:
A	=	Australian Bureau of Statistics male average weekly total earnings for September quarter preceding the accrual date
B	=	the total number of annual leave hours accrued by the part-time employee for the year of accrual
C	=	annual leave entitlement of an equivalent full-time employee for the year of accrual.

(e) Leave loading will be payable to an employee who takes annual leave after the date on which the loading accrues, and who requests that payment be made. Where annual leave credits for a particular year are exhausted, the leave loading in respect of that year will be paid as soon as practicable.

(f) An employee whose services terminate and who is entitled to payment in lieu of accumulated annual leave or pro rata annual leave will be paid any accrued leave loadings not yet paid and leave loading on pro-rata annual leave entitlement due on separation.

18. Personal/carer’s leave and compassionate leave

18.1 Personal/carer’s leave and compassionate leave are provided for in the NES. The following provisions supplement the NES entitlement.

18.2 Paid personal/carer’s leave and compassionate leave will be paid at the employee’s ordinary hourly rate.

18.3 The entitlement to use compassionate leave and carer’s leave under this clause is subject to the person in respect of whom the leave is being taken being either, a member of the employee’s immediate family, or a member of the employee’s household. The term ‘immediate family’ includes:

(a) a spouse or de facto partner, and a former spouse or de factor partner, of the employee; and

(b) a child or an adult child (including an adopted child, a stepchild or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse or de factor partner of the employee.

The term ‘de factor partner’ in paragraph 18.3(a) has the same meaning as in the NES.

18.4 Personal/carer’s leave entitlement

(a) 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.

(b) When an employee is medically unfit for duty, leave of absence with pay may be granted subject to available credits on production of satisfactory medical evidence.

(i) An employee may be granted sick leave with pay subject to available credits, without production of a medical certificate, to the extent of five days in any sick leave year. No more than three consecutive days leave may be taken without a medical certificate.

(ii) Where practicable, the employee must give notice prior to the absence of the intention to take leave, or otherwise notify of such absence at the first opportunity on the day of absence.

(iii) Sick leave will not be debited where an employee is medically unfit for duty on a public holiday that the employee would otherwise have observed.

(c) Where paid personal/carer’s leave credits are exhausted, a director-general 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.

18.5 Compassionate leave

(a) An additional one day paid compassionate leave per occasion is provided to all employees other than casual employees.

(b) One shift will be regarded as one day for the purpose of granting compassionate leave.

19. Parental leave

19.1 Parental leave is provided for in the NES. These provisions supplement the entitlements in the NES.

19.2 For the purpose of this clause:

‘domestic partner’ is as defined in section 169 of the Legislation Act 2001 (A.C.T.). Except in relation to adoption leave ‘domestic partner’ includes a de facto or former de facto spouse. In relation to adoption leave, ‘domestic partner’ includes a de facto domestic partner but does not include a former domestic partner.

19.3 Interaction with paid leave

(a) An employee may in lieu of, or in conjunction with, parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

(b) Periods of paid leave during parental leave will count as service for all purposes where an employee is eligible for that leave.

19.4 Maternity leave

(a) 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.

(b) 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 their ordinary hours as if they attended work for the first 12 weeks of the birth-related leave taken in association with that pregnancy.

(c) A pregnant employee who:

(i) is not entitled to paid leave under subclause 19.4(b); and

(ii) at the commencement of birth-related leave taken in association with that pregnancy does not have 12 months’ continuous service; and

(iii) attains 12 months’ continuous service during the first 12 weeks of birth-related leave,

(iv) will be entitled, for the remainder of that 12-week period, to be paid for their ordinary hours as if they attended for work.

19.5 Leave in conjunction with Special Maternity Leave

Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

19.6 Evidence

The granting of leave under this clause is subject to the employee providing the appropriate evidence concerning the reasons for and circumstances under which the leave application is made, which may include, where relevant:

(a) a medical certificate relating to the expected date of birth of a child; or

(b) documents from an adoption authority concerning the proposed adoption of a child; and

(c) details of parental leave being taken by the employee’s domestic partner.

19.7 Variation of period of parental leave

During a period of parental leave, an employee may return to work at any time, as agreed between the employer and the employee, provided that the time does not exceed four weeks from the recommencement date desired by the employee.

19.8 Returning to work after a period of parental leave

(a) 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.

(b) An employer must not fail to re-engage a casual employee because:

(i) the employee or the employee’s domestic partner is pregnant; or

(ii) the employee has been immediately absent on parental leave.

(c) The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, otherwise than in accordance with this clause.

20. Leave to attend industrial proceedings as a witness

20.1 An employee who is required to give evidence as a witness in proceedings before the Fair Work Commission shall be entitled to leave of absence on full pay.

20.2 Leave will be granted for the period the employee is reasonably required to be absent from duty for this purpose, including reasonable travelling time.

20.3 The employee is to provide the employer with proof of the requirement to attend before the Commission and of the time required to be spent for this purpose.

20.4 Leave granted under this clause will be service for all purposes.

21. Community service leave

21.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.

21.2 Leave with pay may be granted to enable an employee (other than a casual 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.

21.3 An employee (other than a casual employee) will be reimbursed reasonable expenses incurred by the employee in excess of the NES entitlement while attending court to serve as a juror.

21.4 Leave of absence granted under this clause will count as service for all purposes.

22. Aboriginal and Torres Strait Islander ceremonial leave

22.1 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.

22.2 An employee may be granted a maximum of 10 days of ceremonial leave in any two-year period.

22.3 Aboriginal and Torres Strait Islander ceremonial leave granted is in addition to compassionate leave granted.

22.4 Aboriginal and Torres Strait Islander ceremonial leave granted does not count as service for any purpose.

23. Public holidays

23.1 Prescribed holidays

Public Holidays are provided for in the NES. The following provisions supplement the NES.

(a) A full-time employee under this award is entitled to the following national public holidays, without loss of pay:

· New Year’s Day

· Australia Day

· Good Friday

· Easter Saturday

· Easter Monday

· Anzac Day

· Queen’s Birthday

· Labour Day (or Eight Hours’ Day)

· Christmas Day

· Boxing Day

(b) A full-time employee under this award is entitled to the following local public holiday, without loss of pay:

· Canberra Day

· Easter Sunday

(c) Where another day is declared under the Holiday’s Act 1958 (A.C.T.) to be substituted for any of the above days, that day will be observed as the public holiday in lieu of the day prescribed above.

(d) A regular part-time employee will be entitled to observe a public holiday without loss of pay, if, in accordance with the pattern of work agreed to under paragraph 6.4(e), the employee would usually have been required to work on the day of the week on which the public holiday falls.

23.2 Substitution arrangements for Public holidays falling on Saturday or Sunday

(a) Where Christmas Day falls on a Sunday, the following Monday and Tuesday will be observed as holidays in lieu of Christmas Day and Boxing Day respectively.

(b) Where Christmas Day falls on a Saturday the following Tuesday will be observed as the holiday in lieu.

(c) Where Boxing Day falls on a Saturday or on a Sunday the following Monday will be observed as the holiday in lieu.

(d) Where New Year’s Day falls on a Saturday or on a Sunday the following Monday will be observed as the holiday in lieu.

(e) Where in accordance with the provisions of this clause substitution holidays are provided, the Saturday or Sunday for which substitution is made will be deemed not to be a holiday provided that payment in respect of duty performed on 25 December falling on a Saturday or Sunday will be as prescribed in subclause 23.6—Christmas Day falling on Saturday or Sunday.

23.3 Proclamation of additional holidays

Where an additional public holiday is proclaimed for the Territory, that additional day will be taken to be a public holiday for employees to whom this award applies.

23.4 Additional holiday in Christmas/New Year period

(a) An additional holiday within the Christmas/New Year period will apply according to the following table:

Employees will be eligible to observe as a public holiday a day which occurs between the date of observance of Christmas Day and the date of observance of New Year’s Day, in accordance with 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

(b) The additional holiday will be paid at the employee’s ordinary hourly rate.

23.5 Substitution of public holidays by agreement

(a) In accordance with clause 5—Facilitative provisions, by agreement between the director-general and the majority of employees in the relevant directorate or agency or section of the agency, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

(b) Where the director-general and the employee agree, a day or part day may be substituted for a day or part day that would otherwise be a Public Holiday under this clause.

(c) Where an employee cannot work on a day for which a substituted holiday has been granted under paragraph 23.5(b), the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.

23.6 Christmas Day falling on Saturday or Sunday

(a) Except as provided by this clause an employee will be paid in accordance with subclauses 14.2 and 16.6 for duty performed on 25 December.

(b) Where 25 December falls on a Sunday and 27 December is substituted as a holiday for either 25 or 26 December, an employee who performs duty on both 25 and 27 December will be paid as follows:

(i) For duty on 25 December:

· payment is in accordance with paragraph 14.2(a)and subclause 16.6.3 – Payment for holiday duty, except

· if rostered for duty on 27 December, not rostered for duty on 25 December and performing duty on 25 December, then payment for 25 December will be in accordance with paragraph 14.2(a) and subclause 16.6.2– Payment for Sunday duty.

(ii) For duty on 27 December:

· payment is in accordance with paragraph 14.2(a) and subclause 16.6.2 – Payment for Sunday duty, except

(c) Where 25 December falls on a Saturday and another day is substituted as a holiday for 25 December, an employee who performs duty on both 25 December and on the substituted day will be paid as follows:

(i) For duty on 25 December:

· payment is in accordance with paragraph 14.2(a) and subclause 16.6.3 – Payment for holiday duty, except

· if rostered for duty on the substituted day, not rostered for duty on 25 December and performing duty on 25 December, then payment for 25 December will be in accordance with paragraph 14.2(a) and subclause 16.6.1 – Payment for Saturday duty.

(ii) For duty on the substituted day:

· payment is in accordance with paragraph 14.2(a) and subclause 16.6.1 – Payment for Saturday duty, except

23.7 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.

24. Termination of employment

24.1 Notice of termination is provided for in the NES.

24.2 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 director-general 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 director-general 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 the clause, less any period of notice actually given by the employee.

25. Redundancy

25.1 Redundancy pay is provided for in the NES. The following provisions supplement the NES.

25.2 Eligible employee

An eligible employee is an employee, other than:

(a) a probationary officer employed under the Public Sector Management Act 1994 (A.C.T.) or under any other relevant Act of the Australian Capital Territory;

(b) a fixed term temporary employee engaged under the Public Sector Management Act 1994 (A.C.T.) or under any other relevant Act of the Australian Capital Territory;

(c) a temporary employee engaged on an entry to the workforce program under the Public Sector Management Act 1994 (A.C.T.);

(d) a casual employee engaged under the Public Sector Management Act 1994 (A.C.T.) or under any other relevant Act of the Australian Capital Territory.

25.3 Excess employee

An employee is an excess employee if:

(a) the employee is included in a class of employees employed in the directorate or agency, which class comprises a greater number of employees than is necessary for the efficient and economical working of the directorate or agency; or

(b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the directorate or agency, or changes in the nature, extent or organisation of the functions of the directorate or agency: 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 relevant director-general has determined the provision of this clause apply to that employee.

25.4 Entitlement

An excess eligible employee whose employment is terminated will be entitled to be paid redundancy pay of a sum equal to two weeks salary for each year of continuous service, plus a proportional basis for completed months of service since the last completed year of service subject to the following:

(a) Minimum payment – the minimum sum payable as redundancy pay will be four weeks salary.

(b) Maximum payment – the maximum sum payable as redundancy pay will be 48 weeks salary.

(c) Proportionate entitlement - redundancy pay will be calculated on a proportionate 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.

25.5 Service for redundancy purposes

For the purpose of calculating the entitlement in accordance with subclause 25.4, service means:

(a) service of a kind described in section 11 of the former Public Sector Management (Consequential and Transitional Provisions) Act 1994 (A.C.T.);

(b) service of persons employed in the ACT Public Service under the Public Sector Management Act 1994 (A.C.T.);

(c) service with the Commonwealth of persons appointed under the Public Sector Management Act 1994 (A.C.T.);

(d) service with ACTTAB Limited;

(e) service with the A.C.T Legal Aid Commission; and

(f) service with the A.C.T Fire Brigade.

25.6 Service not to count for redundancy pay purposes

Any period of service that ceased in any of the following ways will not count as service for redundancy pay purposes:

(a) retrenchment;

(b) retirement on grounds of invalidity;

(c) inefficiency or loss of qualifications;

(d) forfeiture of office;

(e) dismissal;

(f) termination of probation appointment for reasons of unsatisfactory service; or

(g) voluntary retirement at or above the minimum retiring age applicable to the employee or with the payment of an employee-financed retirement benefit.

25.7 Absences during a period of service

Absences from duty that do not count as service for long service leave purposes as provided for in the Public Sector Management Standards will not count for service for redundancy pay purposes.

25.8 Rate of Payment of redundancy pay

For the purpose of calculating any payment under subclause 25.4, salary will include:

(a) the employee’s full-time salary, adjusted on a proportional basis for periods of part-time service;

(b) for an allowance to be included in 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) higher duties payments where the employee has been acting 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 where the employee has undertaken shift work 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 included in salary the weekly average of the penalties payable over the 12 months immediately preceding the date on which the employee is given notice of termination.

25.9 Period of notice of termination

(a) Where an excess employee is terminated, the period of notice will be 4 weeks. In the case of an employee over 45 years of age with at least two years of continuous service the period of notice will be five weeks. In cases of involuntary retirement, these periods of notice will be extended by any periods of certificated sick leave taken during such periods.

(b) Where a director-general directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. 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 compensation instead of notice.

25.10 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.

25.11 Expenses

Where expenses to attend interview are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred.

25.12 Reduction in classification

Where the director-general 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, which will be extended by any periods of certificated sick leave taken during such periods; or

(b) the employer 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 subclause 25.8.

25.13 Moving household

Where it is necessary as a result of transfer or reduction in classification under the Public Sector Management Act 1994 (A.C.T.) for an excess employee to move household to a new locality, the employee will be entitled to reasonable expenses as if the employee were being promoted.

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774877 from 01Jul24]

25A. Workplace delegates’ rights

[25A inserted by PR774877 from 01Jul24]

25A.1 Clause 25A 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 25A.

25A.2 In clause 25A:

(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.

25A.3 Before exercising entitlements under clause 25A, 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.

25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

25A.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.

25A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.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.

25A.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 25A.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.

25A.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.

25A.9 Exercise of entitlements under clause 25A

(a) A workplace delegate’s entitlements under clause 25A 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 25A 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 25A 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 25A.

25A.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 25A, the entitlement under the other clause applies instead of the entitlement under clause 25A.

26. Consultation regarding major workplace change

26.1 Director-general to notify

(a) Where a director-general has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the director-general must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b) Significant effects include termination of employment; major changes in the composition, operation or size of the director-general’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.

26.2 Director-general to discuss change

(a) The director-general must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in paragraph 26.1(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 director-general to make the changes referred to in paragraph 26.1(a).

(c) For the purposes of such discussion, the director-general 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 director-general is not required to disclose confidential information the disclosure of which would be contrary to the Territory’s interests.

26.3 Consultation about changes to rosters or hours of work

(a) Where a director-general proposes to change an employee’s regular roster or ordinary hours of work, the director-general must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The director-general must:

(i) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that the director-general is not required to disclose confidential information the disclosure of which would be contrary to the Territory’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.

26.4 To assist communication between employees and/or employee representatives at the workplace, the employer will permit the use of notice boards, provided that such communication is not offensive or improper.

27. Dispute resolution

27.1 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.

27.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under subclause 27.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

27.4 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.

27.5 A director-general or employee may appoint another person, organisation or association, including an employee representative, to accompany and/or represent them for the purposes of this clause.

27.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the director-general to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

27.7 Leave of absence to attend proceedings

Where the provisions of subclause 27.1 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 subclause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with subclause 27.2 and will not suffer any loss of pay in respect of the absence.

27.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in a directorate or agency, an employee representative, referred to in subclause 27.5, 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 directorate or agency.

(b) The specific training course will be agreed between the employer and the individual employee.

(c) An employee representative granted leave of absence under paragraph 27.8(a) will not suffer any loss of pay.

Schedule A—Summary of Hourly Rates of Pay

[Varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040]

A.1 Full-time and part-time employees–ordinary rates

A.1.1 Table 1(a) Clerical, Technical and related classifications (36.75 hour week)

[A.1.1 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
Aboriginal and Torres Strait Islander Trainee	36.75	26.31	50,440
Administrative Service Officer class 1	36.75	26.31	50,440
Administrative Service Officer class 2	36.75	28.50	54,638
Administrative Service Officer class 3	36.75	30.93	59,297
Administrative Service Officer class 4	36.75	32.86	62,997
Administrative Service Officer class 5	36.75	35.49	68,039
Administrative Service Officer class 6	36.75	37.47	71,835
Senior Officer grade C	36.75	42.48	81,439
Senior Officer grade B	36.75	46.05	88,284
Senior Officer grade A	36.75	52.94	101,493
Cadet (Auditor, etc.)	36.75	26.31	50,440
Cadet Full-time Study	-	15.50	-
Clinical Coder	36.75	32.46	62,230
Clinical Coder Trainee	36.75	30.93	59,297
Dental Assistant (unqualified)	36.75	24.58	47,123
Dental Assistant (qualified)	36.75	28.50	54,638
Dental Assistant	36.75	24.58	47,123
Principal Dental Assistant	36.75	31.00	59,431
Dental Receptionist	36.75	28.50	54,638
Graduate Administrative Assistant	36.75	28.09	53,852
Research Officer grade 1	36.75	29.02	55,635
Research Officer grade 2	36.75	32.86	62,997
Senior Research Officer grade 1	36.75	35.49	68,039
Senior Research Officer grade 2	36.75	37.47	71,835
Principal Research Officer	36.75	44.17	84,679
Information Communication Technology Trainee	36.75	26.31	50,440
Information Technology Officer Post Graduate	36.75	35.49	68,039
Information Technology Officer Trainee	36.75	26.31	50,440
Information Technology Officer class 1	36.75	32.12	61,578
Information Technology Officer class 2	36.75	37.47	71,835
Senior Information Technology Officer grade C	36.75	42.48	81,439
Senior Information Technology Officer grade B	36.75	46.05	88,284
Senior Information Technology Officer grade A	36.75	52.94	101,493
Trainee Technical Officer	36.75	27.60	52,913
Technical Officer level 1	36.75	29.13	55,846
Technical Officer level 2	36.75	30.67	58,798
Technical Officer level 3	36.75	33.74	64,684
Technical Officer level 4	36.75	37.47	71,835
Senior Officer (Technical) grade C	36.75	42.48	81,439
Senior Officer (Technical) grade B	36.75	46.05	88,284
Auditor – band 1	36.75	27.74	53,181
Senior Auditor – band 1	36.75	37.84	72,544
Audit Manager – band 2	36.75	43.80	83,970
Senior Audit Manager – band 2	36.75	46.11	88,399
Principal Audit Manager – band 2	36.75	55.18	105,787
Allied Health Assistant 1	36.75	21.27	40,777
Allied Health Assistant 2	36.75	27.24	52,222
Allied Health Assistant 3	36.75	31.62	60,619
Housing Manager	36.75	35.49	68,039
Housing Manager Trainee	36.75	32.86	62,997
Infrastructure Officer 1	36.75	36.85	70,646
Infrastructure Officer 2	36.75	37.53	71,950
Infrastructure Officer 3	36.75	42.59	81,650
Infrastructure Officer 4	36.75	46.45	89,050
Infrastructure Officer 5	36.75	55.00	105,442
Infrastructure Manager/Specialist 1	36.75	58.98	113,072
Infrastructure Manager/Specialist 2	36.75	63.17	121,105
Infrastructure Manager/Specialist 3	36.75	67.41	129,233
Office of Regulatory Services Inspector 4	36.75	32.86	62,997
Office of Regulatory Services Inspector 5	36.75	35.49	68,039
Office of Regulatory Services Inspector 6	36.75	37.47	71,835
Workcover Manager C	36.75	42.48	81,439
Para Legal grade 1	36.75	28.50	54,638
Para Legal grade 2	36.75	30.93	59,297
Para Legal grade 3	36.75	32.86	62,997
Para Legal grade 4	36.75	35.49	68,039
Para Legal grade 5	36.75	37.47	71,835
Tourism and Events Officer 1	36.75	26.31	50,440
Tourism and Events Officer 2	36.75	28.50	54,638
Tourism and Events Officer 3	36.75	30.93	59,297
Tourism and Events Officer 4	36.75	32.86	62,997
Tourism and Events Officer 5	36.75	35.49	68,039
Tourism and Events Officer 6	36.75	37.47	71,835
CTEC Manager C	36.75	42.48	81,439
CTEC Manager B	36.75	46.05	88,284
CTEC Manager A	36.75	52.94	101,493
Trust Officer level 1	36.75	32.57	62,441
Trust Officer level 2	36.75	37.12	71,164

A.1.2 Table 1(b) Clerical, Technical and related classifications (38-hour week)

[A.1.2 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
Correctional Officer class 1	38	27.15	53,820
Correctional Officer class 2	38	30.96	61,373
Correctional Officer class 3	38	34.34	68,073
Correctional Officer class 4	38	36.23	71,820
Correctional Officer Trainee	38	20.16	39,964
Disability Support Officer level 1	38	27.08	53,682
Disability Support Officer level 2	38	30.69	60,838
Disability Support Officer level 3	38	35.76	70,888
City Ranger 1	38	27.59	54,693
City Ranger 2	38	29.92	59,311
City Ranger 3	38	31.76	62,959
City Ranger 4	38	34.34	68,073
Senior City Ranger	38	36.23	71,820
Park Ranger 1	38	29.92	59,311
Park Ranger 2	38	31.76	62,959
Senior Park Ranger 3	38	34.34	68,073
Sportsground Ranger	38	27.59	54,693
Sterilising Services Technical Officer level 1	38	29.13	57,745
Sterilising Services Technical Officer level 2	38	30.67	60,798
Youthworker 1	38	29.92	59,311
Youthworker 2	38	31.76	62,959

A.1.3 Table 1(c) Professional and related classifications

[A.1.3 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
Cadet Professional Officer Full-time Study	-	15.50	-
Professional Officer class 1	36.75	31.36	60,121
Professional Officer class 2	36.75	37.47	71,835
Senior Professional Officer grade C	36.75	42.48	81,439
Senior Professional Officer grade B	36.75	46.05	88,284
Senior Professional Officer grade A - Lower	36.75	52.94	101,493
Senior Professional Officer grade A - Upper (Engineering and Related Grades)	36.75	53.75	103,045
Cadet Professional Officer - Practical Training	36.75	26.31	50,440
Health Professional Officer level 1	36.75	32.21	61,751
Health Professional Officer level 2	36.75	34.36	65,872
Health Professional Officer level 3	36.75	40.97	78,545
Health Professional Officer level 4	36.75	42.48	81,439
Health Professional Officer level 5	36.75	46.05	88,284
Health Professional Officer level 6	36.75	52.94	101,493
Assistant Parliamentary Counsel 1	36.75	31.36	60,121
Assistant Parliamentary Counsel 2	36.75	52.14	99,959
Assistant Parliamentary Counsel 3	36.75	58.20	111,577
Government Solicitor 1	36.75	35.85	68,729
Government Solicitor 2	36.75	56.25	107,838
Government Solicitor 3	36.75	70.61	135,368
Government Solicitor 4	36.75	84.12	161,269
Graduate Legal Officer	36.75	33.82	64,837
Legal 1	36.75	31.36	60,121
Legal 2	36.75	52.14	99,959
Prosecutor grade 1	36.75	36.72	70,397
Prosecutor grade 2	36.75	47.18	90,450
Prosecutor grade 3	36.75	59.92	114,874
Prosecutor grade 4	36.75	68.99	132,262
Prosecutor grade 5	36.75	80.90	155,095
Dentist 1	36.75	35.21	67,502
Dentist 2	36.75	52.55	100,745
Dentist 3	36.75	56.56	108,433
Dentist 4	36.75	60.40	115,794
Veterinary Officer level 1	36.75	31.94	61,233
Veterinary Officer level 2	36.75	39.01	74,787
Veterinary Officer level 3	36.75	49.19	94,303
Veterinary Officer level 4	36.75	52.22	100,112
Veterinary Officer level 5	36.75	55.57	106,535

A.1.4 Table 2 Legislative Assembly Members’ Staff

[A.1.4 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
Adviser Level 1 (lower)	36.75	32.49	62,287
Adviser Level 1 (upper)	36.75	35.04	67,176
Adviser Level 2	36.75	40.04	76,762
Senior Adviser level 1	36.75	45.45	87,133
Senior Adviser level 2	36.75	49.31	94,533
Chief Adviser	36.75	56.77	108,835

A.1.5 Table 3 General Service Officer and related classifications

[A.1.5 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
General Service Officer level 2	38	24.93	49,420
General Service Officer level 3	38	26.05	51,640
General Service Officer level 4	38	26.67	52,869
General Service Officer level 5	38	27.78	55,069
General Service Officer level 6	38	28.77	57,032
General Service Officer level 7	38	30.26	59,985
General Service Officer level 8	38	31.73	62,899
General Service Officer level 9	38	33.25	65,913
General Service Officer level 10	38	36.86	73,069
Health Service Officer level 2	38	24.93	49,420
Health Service Officer level 3	38	26.05	51,640
Health Service Officer level 4	38	26.67	52,869
Health Service Officer level 5	38	27.78	55,069
Health Service Officer level 6	38	28.77	57,032
Health Service Officer level 7	38	30.26	59,985
Health Service Officer level 8	38	31.73	62,899
Health Service Officer level 9	38	33.25	65,913
Health Service Officer level 10	38	36.86	73,069
Sterilising Services Health Service Officer	38	26.05	51,640
Ranger 1	38	28.19	55,882
Ranger 2	38	30.52	60,501
Ranger 3	38	32.40	64,228
Stores Supervisor	38	29.14	57,765
Senior Stores Supervisor level 1	38	30.52	60,501
Senior Stores Supervisor level 2	38	32.40	64,228
Senior Stores Supervisor level 3	38	34.88	69,144
Transport Officer grade 1	38	28.19	55,882
Transport Officer grade 2	38	30.52	60,501
Transport Officer grade 3	38	32.40	64,228
Transport Officer grade 4	38	34.88	69,144

A.1.6 Table 4 Public Affairs Officers

[A.1.6 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
Public Affairs Officer 1	38	32.47	64,366
Public Affairs Officer 2	38	37.26	73,862
Public Affairs Officer 3	38	42.83	84,903
Senior Public Affairs Officer 1	38	49.74	98,601
Senior Public Affairs Officer 2	38	51.96	103,002

A.1.7 Table 5 School Assistants

[A.1.7 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Classification	Ordinary hours	Ordinary rate	Minimum rate
	(hrs per wk)	($ per hr)	($ pa)
School Assistant 2	31.25	28.65	46,705
School Assistant 3	31.25	31.05	50,618
School Assistant 4	31.25	37.23	60,693

Schedule B—Summary of Monetary Allowances

[Varied by PR581301, PR581290, PR592249, PR592398, PR606472, PR606621, PR704111, PR707588 PR707802, PR718964, PR719115, PR729411, PR729589, PR740835, PR740993, PR750898, PR762255, PR762421, PR774040, PR774206]

See clause 12—Allowances for full details of allowances payable under this award.

B.1 Wage Related Allowances

[B.1 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 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 a General Service Officer level 5 in Table 3 of Schedule A = $27.78.

B.1.1 Table 1 Disability Allowances – Cumulative

[B.1.1 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Column 1 Item number	Column 2 Employee type	Column 3 Description of disability	Column 4 Rate of allowance ($)	Column 5 Period payable	Column 6 Percent of standard rate (%)
1	Building trades employees Electrical trades employees Food services employees Metal trades employees Plant operators	Cold places An employee required to work for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius. *Special conditions* Where the work continues for more than two hours an employee is entitled to a rest period of 20 minutes every two hours without loss of pay.	0.90	per hour	3.24%
2	Building trades employees Civil construction employees Electrical trades employees Metal trades employees	Confined spaces An employee required to work in a confined space, as defined. “confined space” means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation.	1.09	per hour	3.94%
3	Building trades employees Metal trades employees Plant operators Stores employees	Dirty work Where an employee and a supervisor agree that work is of an unusually dirty or offensive nature.	0.90	per hour	3.24%
4	Building trades employees Metal trades employees	Height Employees engaged in the construction, erection, repair and/or maintenance of any structure over 15 metres, while working at a height of 15 metres or more directly above the nearest horizontal plane.	0.56	per hour	2.01%
		For each additional 15 metres distance above the ground:	0.56	per hour	2.01%
5	Building trades employees Electrical trades employees Metal trades employees Plant operators	Hot places An employee required to work for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 and 54 Celsius.	0.90	per hour	3.24%
6	Building trades employees Electrical trades employees Metal trades employees Plant operators	Hot places An employee required to work for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 and 54 Celsius. *Special conditions* Where work continues for more than two hours in temperatures exceeding 54 Celsius, employees will be entitled to 20 minutes rest after every two hours work without deduction of pay. The temperature will be determined by the supervisor after consultation with the employees who claim the extra rate.	1.09	per hour	3.94%
7	Building employees Civil construction employees Metal trades employees Stores employees	Wet places An employee required to work in any place where clothing or boots become saturated by water, oil or another substance. *Special conditions* (1) Any employee who becomes entitled to this extra rate will be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots. (2) This extra rate is not payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.	0.90	per hour	3.24%

B.1.2 Table 2 Disability Allowances—Non-cumulative

[B.1.2 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

Column 1 Item number	Column 2 Employee type	Column 3 Description of disability	Column 4 Rate of allowance ($)	Column 5 Period payable	Column 6 Percent of standard rate (%)
1	Gardening employees Rangers	Aquatic ponds An employee required to work in water in aquatic ponds.	3.75	per day	13.51%
2	Building trades employees Metal trades employees	Asbestos eradication Employees directly employed on asbestos eradication, where the wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus) is required.	3.00	per hour	10.81%
3	Building trades employees Electrical trades employees	Asbestos handling Employees required to use materials containing asbestos or to work in close proximity to employees using such materials, where the wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus) is required.	1.09	per hour	3.94%
4	Civil construction employees Plant operators	Barber-Greene operator Employees attached to a Barber-Greene machine spreading hot-mix.	2.73	per day	9.81%
5	Building trades employees	Bitumen and asphalt An employee handling hot bitumen or asphalt or dipping materials in creosote.	1.09	per hour	3.94%
6	Building trades employees	Brick cleaning An employee required to clean down bricks using acids or other corrosive substances.	0.84	per hour	3.01%
7	Building trades employees	Brick cutting If on any site there is a brickcutting machine, only one bricklayer on that site will operate the cutting machine and will, whilst so engaged, be paid an allowance.	1.09	per hour	3.94%
8	Plant operators Metal trades employees	Cleaning economisers, etc. An employee required to work externally on economisers or boilers under fire (where temperature money is not paid), or on tractors or brickmaking machinery.	0.56	per hour	2.01%
		An employee required to work internally on economisers or boilers (where temperature money is not paid).	2.77	per hour	9.96%
9	Building trades employees	Construction/repairs to boilers, flues, etc An employee performing the duties of Bricklayer or Builder’s Labourer, engaged on the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work or on acid furnaces, acid stills, acid towers and all other acid resisting brickwork.	2.38	per hour	8.57%
10	Metal trades employees	Diesel engines – An employee performing repairs and renewals inside any crankcase. Payment for work performed other than in the crankcase will only occur when the employer considers it is warranted.	2.92	per day	10.5%
11	Building trades employees	Dry polishing of tiles Employees engaged on dry polishing tiles where machines are used.	1.09	per hour	3.94%
12	Building employees Civil construction employees Electrical trades employees Metal trades employees	Epoxy-based materials – close proximity Employees required to work in close proximity to employees engaged on work under item 12 so as to be affected by the materials specified.	0.90	per hour	3.24%
13	Building trades employees Civil construction employees Electrical trades employees Metal trades employees Food services employees	Epoxy-based materials – use Employees who use epoxy-based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system.	1.09	per hour	3.94%
14	Building employees Civil construction employees Electrical trades employees Metal trades employees	Explosive powered tools An operator of explosive powered tools, holding the appropriate certification, who is required to use an explosive powered tool.	2.12	per day	7.64%
15	Building employees Electrical trades employees Metal trades employees	Fumes An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present.	1.09	per hour	3.94%
16	Building trades employees	Heavy blocks Employees employed laying blocks (other than concrete blocks for plugging purposes) will be paid the following additional rates:
		Where the blocks weigh over 5.5kg and under 9kg	0.90	per hour	3.24%
		Where the blocks weigh 9kg or over and up to 18kg	1.61	per hour	5.79%
		Where the blocks weigh over 18kg	2.27	per hour	8.18%
17	Building trades employees	Height work - painting trades: An employee working on any structure at a height of more than nine (9) metres where an adequate fixed support not less than 0.75 metres wide is not provided.	0.84	per hour	3.01%
18	Civil construction workers Plant operators Rangers	Insanitary / sewerage sludge An employee called upon to work in insanitary conditions or unload sewerage sludge.	3.30	per day	11.89%
19	Building employees Electrical trades employees Metal trades employees	Insulation An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, limpet fibre, vermiculite, or other recognised insulating material of a like nature, associated with similar disabilities in its use. *Special conditions* This extra rate will also apply to an employee working in the immediate vicinity who is affected by the use of such materials.	1.09	per hour	3.94%
20	Building trades employees – plumbers	Leadburning An employee performing trade level plumbing functions or apprentices to that trade engaged on lead burning.	1.09	per hour	3.94%
21	Civil construction employees	Live sewer work ‘Live sewer work’ means work carried out in situations where there is direct aerial connection with a sewer though which sewerage is flowing. Where aerial connection with such sewer is blocked by a disc, plug, water seal or other means the live sewer rate shall not apply. An employee in receipt of the live sewer rate shall not be entitled to the extra rate in item 15.	0.79	per hour	2.86%
22	Building trades employees	Plaster or composition An Employees using a plaster or composition spray.	0.90	per hour	3.24%
23	Civil construction employees Gardening employees Rangers Metal trades employees	Rain Employees who are required to work in rain.	12.14	per day	43.7%
24	Building trades employees	Roof repairs Employees engaged on repairs to roofs.	1.09	per hour	3.94%
25	Building trades employees	Second hand timber Where, whilst working with second-hand timber, an employee’s tools are damaged by nails, dumps or other foreign matter on the timber.	3.52	per day	12.66%
26	Electrical trades employees	Sewerage pit work An employee employed on work which involves entering a sewerage pit for the purpose of servicing, disconnecting and/or removal or replacement of electrical equipment.	9.97	per day	35.9%
27	Civil construction employees Metal trades employees	Sewerage tunnels Employees cleaning chokeage in pumps conveying sewerage or working in sewerage tunnels.	13.08	per day	47.1%
28	Building trades employees	Slushing An employee engaged in “Slushing”.	0.90	per hour	3.24%
29	Gardening employees Rangers	Spray gangs Employees engaged in spray gangs on destruction of weeds and/or vermin.	5.43	per day	19.53%
	Plant operators	Employees using high pressure sprays for this purpose	6.88	per day	24.78%
30	Building trades employees – painters	Spraypainting An employee performing trade level painting functions engaged on all spray painting carried out in other than a properly constructed booth.	0.90	per hour	3.24%
31	Building trades employees Electrical trades employees Metal trades employees	Swing scaffold An employee required to work from any type of swing scaffold or any scaffold suspended by rope or cable, bosun’s chair, or a suspended scaffold requiring the use of steel or iron hooks or angle irons.	6.50	per day for first four hours	23.39%
32	Building trades employees Electrical trades employees Metal trades employees	Swing scaffold Fifth and subsequent hours.	1.35	per hour for fifth and subsequent hours	4.86%
33	Building trades employees	Tile cutting An employee engaged at cutting tiles by electric saw.	1.09	per hour	3.94%
34	Metal trades employees	Trenches An employee required to work in trenches deeper than 1.8 metres and less than 0.9 metres in width.	1.54	per day	5.56%
35	Building trades employees Civil construction employees Metal trades employees Not payable to employees engaged on “pot and drive” work of 3.5 m or less.	Underground An employee required to work underground. Where a shaft is to be sunk to a depth greater than 6 metres, the payment of the underground allowance will commence from the surface.	3.88	per day	13.97%
36	Civil construction employees	Unsewered toilet Any employee, other than a lavatory attendant or street cleaner, called upon to attend at unsewered toilets.	2.12	per day	7.64%
37	Civil construction employees	Unusually obnoxious work Work involving offensive and/or obnoxious material.	5.75	per day	20.69%
38	Building services employees	Window cleaning An employee required to work on the outside of multi-storey buildings from scaffolds or similar devices.	5.75	per day	20.69%
39	Civil construction employees	Working aloft Employees who, in the performance of their work, are required to work aloft:
		• when working at a height exceeding 12 metres, but not exceeding 24 metres above the ground or nearest horizontal plane	0.51	per hour	1.85%
		• when working at a height exceeding 24 metres, but not exceeding 60 metres above the ground or nearest horizontal plane	0.84	per hour	3.01%
		Daily minimum	1.46	per day	5.25%
		• when working at a height exceeding 60 metres from the ground or nearest horizontal plane	1.65	per hour	5.94%
		Daily minimum	3.67	per day	13.2%
40	Forestry employees Gardening employees	Working aloft - trees An employee who is required to climb trees to a height greater than 6 metres from the ground.	4.85	per day	17.45%

B.1.3 Table 3—Other Wage Related Allowances

[New B.1.3 inserted by PR750898 ppc 15Mar23; varied by PR762255, PR774040 ppc 01Jul24]

Allowance	Clause	Rate of allowance $	% of standard rate	Frequency
First aid—basic level	12.17	14.78	53.2	Per week
First aid—advanced level	12.17	18.40	66.23	Per week
First aid—Occupational or Specialist Level	12.17	22.27	80.17	Per week
Community language—CLA Rate 1	12.18(a)	25.29	91.03	Per week
Community language—CLA Rate 2	12.18(a)	50.60	182.15	Per week
Pest inspection certificate	12.19	5.76	20.73	Per week
Electrical trades employee - licence allowance	12.20	31.61	113.8	Per week
Plumber's licence allowance	12.21	41.45	149.2	Per week
Construction Industry Allowance	12.24(a)	39.67	142.8	Per week
Plumbing tradespeople - disability allowance	12.25(a)	29.80	107.27	Per week
Compute quantities	12.27	6.51	23.42	Per day
Plant operator - sideline allowance	12.28	0.47	1.7	Per hour
Senior plant operator	12.29	21.25	76.5	Per week
Plant operator - Kerrick cleaner	12.30	3.54	12.76	Per day
Diamond driller	12.31	6.65	23.93	Per week
Pest Control Unit	12.32	14.61	52.6	Per week
Gardener in charge	12.33	9.56	34.4	Per week
On-call—per night	16.11.3(b)(i)	14.28	51.4	Per night
Close call—per night	16.11.4(d)(i)	28.55	102.76	Per night

B.1.4 Automatic adjustment of wage-related allowances

[B.1.3 renumbered as B.1.4 and renamed and substituted by PR750898 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.2 Expense Related Allowances

[B.2 varied by PR581301, PR592398, PR606621, PR704111, PR707802, PR719115, PR729589, PR740993, PR762421, PR774206 ppc 01Jul24]

Allowance	Clause	Rate of allowance
Fees, books and equipment	12.4(a)	508.39 per annum
Disturbance allowance	12.5	See clause 12.5(b)
Excess travel time—transport not provided	12.6(d)(i)	14.86 per day
Excess travel time—transport provided	12.6(d)(ii)	4.11 per day
Excess fares	12.7	Reimbursement
Vehicle	12.8	Reimbursement
Intermittent Driving allowance	12.9	See clause 12.9
Isolated establishment allowance	12.10(c)	See clause 12.10(c)
Meal allowance	12.11(a)	31.71 per occasion
Tool allowance	12.12(a)	See clause 12.12(a)
Bricklayer/Tuckpointer		26.75 per week
Carpenter/Joiner		37.59 per week
Plumber		37.59 per week
Painter		9.26 per week
Glazier		9.26 per week
Signwriter		9.26 per week
Gilder		9.26 per week
Plasterer		30.90 per week
Metal Trades		20.08 per week
Electrical Trades		20.08 per week
Loss of tools	12.13	2185
Building trades - grindstone	12.14(b)	8.79 per week
Horses and saddlery hire	12.15(a)(i)	27.55 per week
Dog allowance	12.15(b)	19.68 per week

B.2.1 Adjustment of Expense Related Allowances

At the time of any adjustment to the standard rate, each expense related allowance in clause 12 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 (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Fees, books and equipment	Newspapers, Books, Stationery – Canberra as at June
Excess travel	Transport – Canberra as at June
Isolated establishment	Private motoring – Canberra as at June
Meal	Food and non-alcoholic beverages– Canberra as at June
Tool	All groups – Canberra as at June
Loss of Tools	All groups – Canberra as at June
Building trades - grindstone	All Groups – Canberra as at June
Horse and dog	All groups – Canberra as at June

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 Assessment of capacity

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 PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040]

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 Training and Tertiary Education Act 2003 (A.C.T.) or any successor legislation

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 subclauses 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 subclause D.5.4 of this schedule.

D.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause D.7.

D.3.3 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

D.3.4 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.

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 substituted by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR762255, PR774040 ppc 01Jul24]

D.5.1 Minimum wages for traineeships

(a) Wage Level A

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

	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

	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 clause 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 of schooling
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) to (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) to (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.

D.5.4 Default wage rate

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, II, III
Beauty	III
Business Services	I, II, III
Chemical, Hydrocarbons and Refining	I, II, III
Civil Construction	III
Coal Training Package	II, III
Community Services	II, III
Construction, Plumbing and Services Integrated Framework	I, II, III
Correctional Services	II, III
Drilling	II, III
Electricity Supply Industry—Generation Sector	II, III (III in Western Australia only)
Electricity Supply Industry—Transmission, Distribution and Rail Sector	II
Electrotechnology	I, II, III (III in Western Australia only)
Financial Services	I, II, III
Floristry	III
Food Processing Industry	III
Gas Industry	III
Information and Communications Technology	I, II, III
Laboratory Operations	II, III
Local Government (other than Operational Works Cert I and II)	I, II, III
Manufactured Mineral Products	III
Manufacturing	I, II, III
Maritime	I, II, III
Metal and Engineering (Technical)	II, III
Metalliferous Mining	II, III
Museum, Library and Library/Information Services	II, III
Plastics, Rubber and Cablemaking	III
Public Safety	III
Public Sector	II, III
Pulp and Paper Manufacturing Industries	III
Retail Services (including wholesale and Community pharmacy)	III
Telecommunications	II, III
Textiles, Clothing and Footwear	III
Tourism, Hospitality and Events	I, II, III
Training and Assessment	III
Transport and Distribution	III
Water Industry (Utilities)	III

D.7.2 Wage Level B

Training package	AQF certificate level
Animal Care and Management	I, II, III
Asset Maintenance	I, II, III
Australian Meat Industry	I, II, III
Automotive Industry Manufacturing	II, III
Automotive Industry Retail, Service and Repair	I, II, III
Beauty	II
Caravan Industry	II, III
Civil Construction	I
Community Recreation Industry	III
Entertainment	I, II, III
Extractive Industries	II, III
Fitness Industry	III
Floristry	II
Food Processing Industry	I, II
Forest and Forest Products Industry	I, II, III
Furnishing	I, II, III
Gas Industry	I, II
Health	II, III
Local Government (Operational Works)	I, II
Manufactured Mineral Products	I, II
Metal and Engineering (Production)	II, III
Outdoor Recreation Industry	I, II, III
Plastics, Rubber and Cablemaking	II
Printing and Graphic Arts	II, III
Property Services	I, II, III
Public Safety	I, II
Pulp and Paper Manufacturing Industries	I, II
Retail Services	I, II
Screen and Media	I, II, III
Sport Industry	II, III
Sugar Milling	I, II, III
Textiles, Clothing and Footwear	I, II
Transport and Logistics	II
Visual Arts, Craft and Design	I, II, III
Water Industry	I, II

D.7.3 Wage Level C

Training package	AQF certificate level
Agri-Food	I
Amenity Horticulture	I, II, III
Conservation and Land Management	I, II, III
Funeral Services	I, II, III
Music	I, II, III
Racing Industry	I, II, III
Rural Production	I, II, III
Seafood Industry	I, II, III

Schedule E—Definitions

[Varied by PR733946, PR774877]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth), as amended from time to time

ACTPS means the Australian Capital Territory Public Sector

Adult apprentice means an employee who is 21 years of age or older at the commencement of the employee’s apprenticeship

Alternate day and night shifts means an arrangement of working hours comprising one day shift and one night shift; usually of 12 hours duration (e.g. a day shift from 8.00am to 8.00pm and a night shift from 8.00pm to 8.00am)

Apprentice means a temporary employee engaged under section 109 of the Public Sector Management Act 1994 (A.C.T.) who has been apprenticed in employment under the Training and Tertiary Education Act 2003 (A.C.T.)

Building services employee means an employee (other than a supervisory employee or Ranger) who performs the function of a cleaner, caretaker, janitor, watchperson, security officer or like occupation, or any combination of these functions

Building trades employee means an employee (other than a supervisory employee or Ranger) who performs building trades work (including the operation or use of appropriate tools and equipment) or assists directly in the performance of such work

[Definition of Casual employee substituted by PR733946 from 27Sep21]

Casual employee has the meaning given by section 15A of the Act

Civil construction employee means an employee (other than a supervisory employee or Ranger) who performs civil construction work (including the operation or use of appropriate tools, plant and equipment) or assists directly in the performance of such work

Continuous day shift means a shift covering the 7 days of the week but for only part of the day (e.g. 8.00am to 4.00pm)

Continuous shift means a shift covering the entire 24-hour day, 7 days of the week; the most common arrangement being 3 x 8 hours (e.g. 8.00am to 4.00pm, 4.00pm to 12.00 midnight, 12.00 midnight to 8.00am)

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

Default fund employee means an employee who has no chosen superannuation fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

Directorate or Agency means:

· the relevant statutory authority, corporation, commission, administrative unit or autonomous instrumentality of the Australian Capital Territory Government; and

· in respect of employees employed under the LAMS Act: an office of a Member or Officer of the Legislative Assembly of the Australian Capital Territory

Director-general means:

· the chief executive of an administrative unit or any person who exercises the powers of a chief executive under the Public Sector Management Act 1994 (A.C.T.);

· the chief executive of the Calvary Hospital A.C.T Incorporated (Public Division) or the chief executive of the A.C.T Legal Aid Commission; and

· in respect of employees employed under the LAMS Act: a Member or Officer of the Legislative Assembly of the Australian Capital Territory

Discontinuous shift means a shift covering the entire 24-hour day but for only part of the week (e.g. Monday to Friday, weekend)

Double-day shift means an arrangement of working hours where there are two distinct shifts in a 24-hour day (e.g. two ‘day’ shifts; a morning shift from 8.00am to 4.00pm and an afternoon shift from 4.00pm to 12.00 midnight)

Employee means (unless there is a clear intention to restrict the meaning) a permanent officer or a temporary employee as defined, who occupies a classification or performs work specified in this award, unless there is a clear intention to restrict the meaning

Electrical trades employee means an employee (other than a supervisory employee or Ranger) who performs electrical trades work (including the operation or use of appropriate tools and equipment) or assists directly in the performance of such work

[Definition of employee organisation inserted by PR774877 from 01Jul24]

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

[Definition of enterprise inserted by PR774877 from 01Jul24]

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

Food services employee means an employee (other than a supervisory employee or Ranger) who performs food services work (including the operation or use of appropriate tools and equipment) or assists directly in the performance of such work

Foreman means a person permanently or temporarily occupying a position classified as General Service Officer level 8, 9 or 10 performing the duties of Foreman (non-trades), Senior Foreman, Foreman (furnishing trades), Foreman or Senior Foreman (building trades), or Foreman or Senior Foreman (metal trades) or like occupation

Forestry employee means an employee (other than a supervisory employee or Ranger) who performs forestry work (including the operation or use of appropriate tools and equipment) or assists directly in the performance of such work

FWC or Commission means the Fair Work Commission

Gardening employee means an employee who performs gardening work (including the operation or use of gardening tools and equipment) or assists in the performance of such work

immediate family, unless otherwise specified, has the meaning given by the Act

LAMS Act means the Legislative Assembly (Members’ Staff) Act 1989 (A.C.T.) as varied

meal period will mean the following periods, or substituted meal periods, as agreed between the director-general and the majority of affected employees, or the director-general and an individual employee. Such an agreement will provide for four meal allowance periods in each 24 hour cycle:

· 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

Member means a Member or Office-Holder of the Legislative Assembly of the Australian Capital Territory

Metal trades employee means an employee (other than a supervisory employee or Ranger) who performs metal trades work (including the operation or use of appropriate tools and equipment) or assists in the performance of such work

NES means the National Employment Standards as contained in sections 59 to 131 of the Act

Officer means a permanent officer appointed under Division 5.3 or Division 5.8 of the Public Sector Management Act 1994 (A.C.T.), or appointed as a permanent officer under any other relevant Act of the Australian Capital Territory

On-site construction work means the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including building and construction, metal and electrical, plumbing and gasfitting and all related work, performed on civil, commercial, and industrial construction projects, but excluding work carried out within a permanently established place of employment such as a workshop, factory or warehouse

ordinary hourly rate means an employee’s hourly rate for their classification plus any allowances specified in this Award as being included in the employees’ ordinary hourly rate

Partner means, in relation to a person who is a member of a couple, the other member of the couple

Plant operator means an employee who performs plant operator work (including the operation or use of fixed or mobile plant) or assists directly in the performance of such work

PSM Act means the Public Sector Management Act 1994 (A.C.T.) as varied or replaced

Public Sector Management Standards means the management standards made under the PSM Act

Ranger means an employee engaged on duties which include the patrolling, inspection and protection of parks and reserves and the formulation and implementation of associated management and development plans. The duties also include the performance of interpretation activities; the operation and routine maintenance of associated facilities and equipment; the conduct of, or assistance, with field surveys and investigations; and the co-ordination of search and rescue operations. It also includes the field supervision and training of staff engaged in these activities

Regular part-time employee means a permanent officer or temporary employee who:

· works less than full-time ordinary hours; and

· has reasonably predictable hours of work; and

· receives, on a proportional basis, equivalent pay and conditions to those specified in this award for full-time employees who do the same kind of work

salary barrier means the minimum hourly pay rate payable to an employee at the Senior Officer grade C classification in Table 1(a) of Schedule A. A classification is “below” the salary barrier where the pay rate for the classification is less than the minimum pay rate payable to a Senior Officer grade C. A classification is “above” the salary barrier where the minimum pay rate is not less than the minimum pay rate payable to a Senior Officer grade C

[Definition of small business employer inserted by PR774877 from 01Jul24]

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

standard rate means the minimum hourly pay rate for a General Service Officer level 5 in Table 3 of Schedule A

Spouse in relation to an employee, includes a de facto partner. A de facto partner means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis (whether the employee and the person are of the same sex or different sexes)

Stores employee means an employee who performs storage and warehousing work (including the operation or use of appropriate tools and equipment)

Stores Supervisor means an employee who performs, permanently or temporarily, duties including the supervision and control of staff, stores and storage equipment, receipt and dispatch of stores, within a storage facility, including the use of computer-based management and control systems

Supervisory employee means a foreman, a Stores Supervisor, a Transport Officer or a works supervisor

Temporary employee means a person engaged as a temporary employee under Division 5.7 of the Public Sector Management Act 1994 (A.C.T.), or engaged as a temporary employee under any other relevant Act of the Australian Capital Territory

Trainee means a temporary employee engaged under section 109 of the Public Sector Management Act 1994 (A.C.T.) to undertake a workforce entry program, other than as an apprentice

Transport Officer means an employee who performs, permanently or temporarily, duties including the supervision and control of the staff, vehicles, plant and equipment of a motor vehicle transport service or urban public transit system, including the use of computer-based management and control systems. Duties also extend to the training and testing of driving personnel in the organisation

Transport worker means an employee who performs the duties of a motor driver

Twilight/late shift means a shift that is usually worked by part-time employees working a short shift in the evening (e.g. 6.00pm to 10.00pm)

Union means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the directorate or agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate

[Definition of workplace delegate inserted by PR774877 from 01Jul24]

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

Works supervisor means an employee temporarily or permanently occupying a position classified as General Service Officer level 9 or 10 performing the duties of Works Supervisor or Furniture Officer or like occupation

Schedule F—Classification-Specific Conditions of Employment

[Varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835, PR750898, PR762255, PR774040]

F.1 Correctional Officers

F.1.1 Meal breaks

In place of the provision at clause 9—Meal Breaks, an officer to whom this clause applies will be granted a paid meal break of not more than 30 minutes on each shift; such break to be commenced wherever practicable within five hours of starting normal duty. The officer shall be deemed to be on duty for the duration of the meal duty.

F.1.2 Overtime allowance

[F.1.2 substituted by PR750898 ppc 15Mar23; varied by PR762255, PR774040 ppc 01Jul24]

In place of the provision at subclause 16.7—Payment for overtime, a Correctional Officer grade 4 will be paid an allowance at the rate of $7412.55 per annum in lieu of payment for overtime duty. This allowance is 26683.04% of the standard rate and will automatically adjust to reflect the specified percentage when the standard rate is varied.

F.1.3 Special or protective clothing

Where the employer requires a Correctional Officer to wear any special or protective clothing, such as a uniform, the employer will reimburse the employee for the reasonable cost of purchasing such clothing. The provisions of this clause do not apply where the clothing is provided by the employer.

F.2 Legislative Assembly Members’ Staff

F.2.1 The following provisions of this award do not apply to persons employed in the classifications listed in Table 2 of Schedule A:

(a) paragraph 8.2(k)—Flextime

(b) clause 25—Redundancy

F.2.2 Flexible working hours

In place of the provision at paragraph 8.2(k)—Flextime, the following provision in respect of flexible working hours will apply to persons employed in the classifications listed in Table 2 of Schedule A.

(a) At the discretion of the employer, an employee may be permitted to perform his or her ordinary hours of duty in accordance with an agreed scheme of flexible working hours.

F.2.3 Time off in lieu of payment of overtime (TOIL)

The following provision in respect of time off in lieu of payment of overtime will apply, in place of the provision under subclause 16.12, to persons employed in the classifications listed in Table 2 of Schedule A.

(a) The employer may authorise an employee who has worked overtime to be absent during the hours specified for the performance of ordinary duty in paragraph 8.2(c), without deduction from salary, and without additional payment, on an hour-for-hour basis, at ordinary time rates of pay.

(b) Time off in lieu of payment for overtime (TOIL) will be granted as soon as practicable after the overtime has been worked, unless the employee requests otherwise.

(c) The employer will not approve time off in lieu of payment for overtime where the employee has failed to keep suitable records of attendance for duty and absence from duty.

F.2.4 Annual leave loading

In respect of the payment for leave loading under paragraph 17.8(e), an employee employed in the classifications listed in Table 2 of Schedule A may opt to be paid annual leave loading on a fortnightly basis. This option may be exercised once in relation to the employee’s employment.

F.2.5 Return to work after a period of parental leave

In respect of the termination of employment of employees employed in the classifications listed in Table 2 of Schedule A, nothing in subclause 19.8—Returning to work after a period of parental leave is intended to affect the operation of the Legislative Assembly (Members’ Staff) Act 1989 (A.C.T.). Where the LAMS Act is inconsistent with a provision of subclause 19.8, the LAMS Act shall prevail.

F.2.6 Termination payments

In place of the provision at clause 25—Redundancy, the following provisions in respect of termination payments will apply to persons employed in the classifications listed in Table 2 of Schedule A.

(a) Where an employee is terminated for reasons that a Member no longer requires the work the employee is engaged upon to be performed, the employee will b paid upon termination:

(i) a sum equal to four (4) weeks salary irrespective of length of service; plus

(ii) a sum equal to two (2) weeks salary for each completed year of continuous service, plus a pro-rata payment for additional completed months of service, up to a maximum of forty eight (48) weeks salary.

(b) The payments set out in paragraph F.2.6(a) shall not be payable to:

(i) an employee who has a right of return to secure employment in the public sector; or

(ii) an employee who is engaged for a fixed period, where the fixed period has expired; or

(iii) an employee engaged for a specified project, where the project has been completed; or

(iv) a probationary employee; or

(v) a casual employee; or

(vi) an employee whose employment is terminated by resignation, or dismissal for serious misconduct; or

(vii) an employee who is immediately re-employed under the LAMS Act.

F.3 Public Affairs Officers and related occupations

F.3.1 Editor and Assistant Editor of Debates

Positions attached to the ACT Legislative Assembly having the following local titles shall be paid an annual salary no less than the rate specified in the following table, together with any additional allowances which may apply from time to time:

Local Title	Minimum Rate
Editor of Debates	Senior Officer grade B
Assistant Editor of Debates	Administrative Service Officer class 6

F.3.2 Casual Editors

Casual Editors, being staff engaged in the production of the Assembly Hansard, shall be paid an hourly rate based on the lowest salary point of the Assistant Editor of Debates plus a 25% casual loading.

F.3.3 Tools and Equipment

Where, by agreement with the directorate or agency, a Public Affairs Officer regularly uses their own equipment (such as VCR’s, VDU’s, cameras) for official purposes, the directorate or agency will reimburse reasonable costs of consumables and maintenance.

F.3.4 Overtime payment

In place of the corresponding overtime payment rates at subclause 16.4, where an employee in a classification listed in Table 4 of Schedule A works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime time rate
Monday to Friday	150%
Saturday—first 3 hours	150%
Saturday—after 3 hours	200%

F.4 School Assistants

F.4.1 Closedown

In place of the provision at subclause 17.4—Closedown, the following provisions in respect of closedown will apply to persons employed in the classifications listed in Table 5 of Schedule A.

(d) A School Assistant is considered to be on annual leave from the day after the last day on which the School Assistant’s school is open in a calendar year unless otherwise directed by the director-general.

(e) If such a direction occurs the School Assistant will be re-credited annual leave for the period of the direction.

(f) The period of annual leave taken is to the limit of the School Assistant’s available credits. This is followed by a stand-down period with pay up to the day before the first day on which the school is open in the next calendar year.

(g) Further stand-down periods with pay are provided to School Assistants during each term vacation.

(h) Temporary staff on contract are paid for school vacations within the school year covered by the contract. Temporary staff are paid pro-rata annual leave and annual leave loading on expiration of the contract.

F.4.2 Special education allowance

[F.4.2 varied by PR581290, PR592249, PR606472, PR707588, PR718964, PR729411, PR740835; substituted by PR750898 ppc 15Mar23; varied by PR762255, PR774040 ppc 01Jul24]

A School Assistant employed in a Special School, or employed to assist a teacher or teachers with an individual special education student or students, or in a designated special education class, will be paid an allowance of $1220.13 per annum. This allowance is 4392.1% of the standard rate and will automatically adjust to reflect the specified percentage when the standard rate is varied.

Details

Title: Australian Capital Territory Public Sector Enterprise Award 2016
Code: MA000146

Effective:

Updated:

Instrument Type: Modern Award

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

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MA000146

Australian Capital Territory Public Sector Enterprise Award 2016

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