FWO - external award viewer · Library

Term	Definition	Application
ABC	means the Australian Broadcasting Corporation	All
Act	means the Fair Work Act 2009 (Cth), as amended from time to time	All
Actor	leads, co-leads and performers	Actors Stream
Actors Stream	means the employees employed under classifications set out in Part 8—General Stream.	All
Additional day off or ADO	is defined in clause 22.3(d)(ii)	General Stream
Artist	a person employed by the ABC in accordance with the provisions of this award including leads, co-leads, performers, extras and special extras, but not including members of the public invited by the ABC to participate in scenes as extras	Actors Stream
Audition	a performance of material which the performer has been required to learn or prepare, given in order to be considered for possible employment and does not require the artist to perform sex simulated scenes or appear nude or semi-nude unless notified 24 hours in advance. Where such sex scenes or nudity or semi-nudity are required they may not be recorded	Actors Stream
BNF: Basic Negotiated Fee	the minimum weekly, daily or hourly rate for an artist as set out in tables A, B, C and D of this award plus the individual artist’s personal margin for skill. The BNF will be the rate upon which all payment for all performance and non-performance work, excluding auditions, is based. The BNF does not include repeat fees, residual fees, fees for ancillary usage or any payments or allowances for penalties, overtime, or any other allowance	Actors Stream
Call	an instruction to report for work at a definite time and for a definite period for the purpose of rehearsing and/or performing and/or recording and/or re-recording a radio or television program and/or carrying out publicity work	Actors Stream
Cast	all those artists (including stunt players) taking part in a performance	Actors Stream
Casual employee	has the meaning given by section 15A of the Act NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.	All
Chorus	more than six artists singing or dancing as a combination, but not including solo singers or dancers; or an artist who performs as a model or mannequin and/or as a member of the ensemble of an aquatic or skating performance	Actors Stream
CPSU	means the Community and Public Sector Union	All
Distant assignment	is defined in clause 28.2(c)	General Stream
Distant engagement	an assignment requiring an employee to spend one night or more away from the city or town in which he or she is regularly employed. Employees transferred under the circumstances set out in clause 44—Relief duties of this award and employees required to attend a conference convened by the ABC are not deemed to be on distant engagement	Journalists Stream
Division 2 General Employees	are employees employed in one of the following classifications: Administrative officer (A) Building and services officer (A) Cadet Engineer Design and development officer Engineer Legal Officer Librarian Professional officer (R&D) Senior Legal Officer	General Stream
Division 3 General Employees	are employees employed in one of the following classifications: Administrative officer (B) and (D) Announcer Assistant shop manager Building and services officer (B) Information technologist Sales assistant Sports Broadcaster	General Stream
Division 4 General Employees	are employees employed in one of the following classifications: Administrative officer (C) Assistant Designer Building and services officer (C) Broadcast Engineering Officer Broadcast Engineering Trainee Co-ordinator, TV Drama Costume Maker Designer Designer’s Assistant Drafting Assistant Executive Producer Graphics Designer Make-up artist Photographer Producer Production support officer (TV) Property officer Scenic workshop officer Senior Designer, Grade 1 Victoria Senior Designer, Grade 2 HO Senior Drafting Officer Senior Photographer Senior Production Designer Senior Television Assistant (Production Operations) Senior Television Lighting Electrician Supervisor, TV Transmission: Victoria, Queensland, South Australia, Western Australia and Tasmania Technical Assistant, Grade 2 Television Assistant (Production Operations) Television Lighting Electrician Transmission Officer (TV).	General Stream
Employee organisation	has the meaning given by section 12 of Act	All
Enterprise	has the meaning given by section 12 of the Act.	All
Executive	means an ABC employee classified by the ABC as Executive Level 1, 2, 3 or 4, unless they are otherwise covered by a classification under this Award	All
Extra	a person whether in costume or not, who takes part in a group, mob, ensemble or atmospheric scene, who is not speaking dialogue except in the mass, who can move individually and in this can be given individual direction	Actors Stream
Family	has the meaning given to it by the Act	General Stream
General Stream	means the employees employed under classifications set out in Part 8—General Stream	All
In the case of interstate or country artists, the pick-up point	is the transport terminal at which the artist arrives, or the place of overnight accommodation if the artist has to stay overnight	Actors Stream
Interview	a performance of material which the performer has not been required to learn or prepare, given in order to be considered for possible employment	Actors Stream
Journalists Stream	means the employees employed under classifications set out in Part 9—Journalists Stream	All
Juvenile	for the purposes of clauses 75—Rates of pay—juveniles and 87—Allowances and special rates, an artist under the age of 16 years	Actors Stream
Leading performer or co-leading performer (also lead or co-lead):	a performer who takes part in or is engaged to take part in the rehearsal and/or performance of a radio or television programme and who is classified by the ABC as the leading performer (lead) or co-leading performer (co-lead) as the case may be in accordance with the provisions of clause 63 of this award	Actors Stream
Live performance	a performance which is transmitted simultaneously with the actual performance of the artist	Actors Stream
NES	means the National Employment Standards as contained in sections 59 to 131 of the Act	All
Non-rostered employee	is defined in clause 22.1(a); and is an employee who is employed in a classification under this award for less than the ordinary hours of work for that classification in accordance with clause 10	General Stream
Performer	an artist who takes part in or who is engaged to take part in the rehearsal and/or performance of a radio or television programme, including a stunt actor	Actors Stream
Pick-up point	the studio of the ABC if that studio is within a radius of 20 kilometres of the GPO of the capital city in which the performer resides. The ABC studio located in Frenchs Forest NSW for the purposes of this award will be regarded as being within a radius of 20 kilometres of the GPO in Sydney.	Actors Stream
Pre-recording	the process of recording a performance by any means prior to the scheduled time of transmission as a radio or television programme which, had it not been so recorded, would have been performed concurrently with transmission as a radio or television programme	Actors Stream
Recorded or pre-recorded programme	a programme or part of a programme which has been recorded or pre-recorded by any means and by which the performance previously given by an artist may be transmitted	Actors Stream
Recording	the process of recording a performance by any means	General Stream and Actors Stream
Redundancy	has the meaning given to it by the Act	General Stream
Rehearsal week	a production week scheduled for and limited to the preparation and rehearsal of a production and one that does not involve any pre-recording	Actors Stream
Rehearsal	the period when the artist is required to attend to be rehearsed and instructed in the particular part he or she will play in a performance	Actors Stream
Remote localities	Alice Springs, Broken Hill, Cairns, Darwin, Kalgoorlie, Longreach, Mount Isa, Port Hedland or Longreach	Journalists Stream
Rostered days off or RDO	is defined in clause 22.4(b)(i)	General Stream
Rostered employee	is defined in clause 22.1(b)	General Stream
Small business employer	has the meaning given by section 23 of the Act	All
Special extra	a person whether in costume or not, who takes part in a group, mob, ensemble or atmospheric scene, who also may perform any individual piece of business as directed and who may be required to individually speak not more than 20 words in any performance	Actors Stream
Spouse	includes de facto spouse	Journalists Stream
Standard rate	means the weekly rate for a Cast actor in clause 59.1	Actors stream
Stunt actor	a person trained to and capable of performing stunts	Actors Stream
Stunts	actions or services of a hazardous or dangerous nature or which could reasonably be construed as bringing risk to the player’s life, limb or health	Actors Stream
TOPO	is an employee employed in the classification of Television Officer (Production Operations) and includes Broadbanded TOPO, Substantially Broadbanded TOPO, Senior TOPO and Extended Range TOPO	General Stream
TSO	is an employee employed in the classification of Technical Services Officer	General Stream
Usual station	is defined in clause 28.1(b)	General Stream
Week	for the purposes of clause 87 only, a period of 7 consecutive days calculated from the first day on which an artist provides his/her own outfit	Actors Stream
Workplace	means an operationally or organisationally distinct work group or section and may include a part of a workplace where the part is also operationally or organisationally distinct	General Stream
Workplace delegate	has the meaning given by section 350C(1) of the Act	All

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

4. Coverage

4.1 This award applies to the ABC and its employees in the classifications in the General, Journalists and Actors Streams to the exclusion of any other modern award.

4.2 The award does not cover executives or an employee excluded from award coverage by the Act.

4.3 The following Parts apply to the following classes of employees:

(a) Part 8—General Stream applies to the General Stream; and

(b) Part 9—Journalists Stream applies to the Journalists Stream; and

(c) Part 10—Actors Stream applies to Actors Stream.

4.4 Unless otherwise provided, each of the Parts above prevails over the remainder of the award to the extent of any inconsistency; it applies to the exclusion of the remainder of the award.

5. The National Employment Standards and this award

5.1 The National Employment Standards (NES) and entitlements in this award contain the minimum conditions of employment for employees covered by this award.

5.2 The ABC must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. Award flexibility

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

(a) arrangements for when work is performed (including, for employees in the General Stream and the Journalists Stream, rosters and the arrangement of free days, provided that the minimum number of free days is not less than four per fortnight);

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

6.3 The agreement between the ABC and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 6.1; 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.

6.4 The agreement between the ABC and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the ABC 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 ABC and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the ABC 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.

6.5 The ABC must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

6.6 Except as provided in clause 6.4(a) the agreement must not require the approval or consent of a person other than the ABC and the individual employee.

6.7 The ABC 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 ABC must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

6.8 The agreement may be terminated:

(a) by the ABC or the individual employee giving thirteen 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 ABC and the individual employee.

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

6.9 The right to make an agreement pursuant to this subclause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the ABC and an individual employee contained in any other term of this award

6A. Employee right to disconnect

[6A inserted by PR778131 from 26Aug24]

6A.1 Clause 6A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

6A.2 Clause 6A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

6A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

6A.4 Clause 6A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:

(a) an emergency roster change under clause 40(b); or

(b) a recall to work under clause 24.7.

7. Facilitative provisions

7.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between the ABC, and/or an employee, or the majority of employees, in the enterprise or workplace concerned. 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.

7.2 An employee may be represented by the relevant union in meeting and conferring with the ABC about the implementation of the relevant facilitative provision.

7.3 Any agreement between the ABC and an employee, or the majority of employees must be recorded in writing.

7.4 Facilitative provisions in this award are contained in the following clauses:

(a) General Stream

Subject matter	Clause number
Part-time Employees—hours of duty agreement	10.4(b)
Part-time Employees—additional hours and overtime	10.5(a)
Part-time – Full-time reversion rights	10.8
Special facilitative provisions – Broadcasters Hours of duty	21.2 22.3(a)(ii)
Arrangement of hours—Broadcaster agreements	22.3(d)(i)(A)
Arrangement of hours—substitute ADOs	22.3(f)(ii)
Minimum breaks between duty	22.4(d)(i)
Change of Shift and Rostered Days Off—Broadcaster	22.4(e)
Overtime Special Broadcaster Conditions	24.4
Public Holiday substitutions	27.3

(b) Journalists Stream

Clause title	Clause number
Ordinary hours	38.2
Meal Breaks	39.2

Part 2—Workplace Delegates, Consultation and Dispute Resolution

[Part 2—Consultation and Dispute Resolution renamed by PR774878 from 01Jul24]

7A. Workplace delegates’ rights

[7A inserted by PR774878 from 01Jul24]

7A.1 Clause 7A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 7A.

7A.2 In clause 7A:

(a) employer means the employer of the workplace delegate;

(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

7A.3 Before exercising entitlements under clause 7A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

7A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

7A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a) consultation about major workplace change;

(b) consultation about changes to rosters or hours of work;

(c) resolution of disputes;

(d) disciplinary processes;

(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

7A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 7A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

7A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii) a physical or electronic noticeboard;

(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv) a lockable filing cabinet or other secure document storage area; and

(v) office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 7A.7(a) if:

(i) the workplace does not have the facility;

(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

7A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i) full-time or part-time employees; or

(ii) regular casual employees.

(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

7A.9 Exercise of entitlements under clause 7A

(a) A workplace delegate’s entitlements under clause 7A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i) comply with their duties and obligations as an employee;

(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii) not hinder, obstruct or prevent the normal performance of work; and

(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b) Clause 7A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c) Clause 7A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7A.

7A.10 Interaction with other clauses of this award

Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 7A, the entitlement under the other clause applies instead of the entitlement under clause 7A.

8. Consultation

8.1 Consultation regarding major workplace change

(a) Employer to notify

(i) Where the ABC 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 ABC must notify the employees who may be affected by the proposed changes and their representatives, if any.

(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the ABC’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

(b) ABC to discuss change

(i) The ABC must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a) the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by the ABC to make the changes referred to in clause 8.1(a).

(iii) For the purposes of such discussion, the ABC must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the ABC’s interests.

8.2 Consultation about changes to rosters or hours of work

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

(b) The ABC must:

(i) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the ABC’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.

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 The ABC or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

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

9.7 Leave of absence to attend proceedings

Where the provisions of this clause have been complied with but they have failed to resolve the dispute and the matter has subsequently been referred to the Fair Work Commission, an employee who is appointed to accompany or represent another employee pursuant to clause 9.5 will be granted leave of absence to attend the Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 9.2 and will not suffer any loss of pay in respect of that absence.

9.8 Leave of absence to attend courses

To assist in the resolution of disputes in the ABC an employee representative referred to in 9.5 will be granted leave of absence (without loss of pay) 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 ABC and the specific training course will be agreed between the ABC and the individual employee.

Part 3—Types of Employment

This Part 3 does not apply to the Part 10—Actors Stream.

10. Types of employment

[Varied by PR733944, PR777388]

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

10.2 Full-time employees

A full-time employee is an employee who works in a classification under this award for the ordinary hours of work as defined in either Part 8—General Stream or Part 9—Journalists Stream of this award.

10.3 Part-time employees

(a) A part-time employee is an employee who is employed in a classification under this award for less than the ordinary hours of work for that classification in either Part 8—General Stream or Part 9—Journalists Stream of this award.

(b) Employees in any Part 8—General Stream or Part 9—Journalists Stream classification may be employed as part-time employees.

(c) Unless otherwise stated, part-time employees will receive, on a pro rata basis, equivalent pay and conditions to those of a full-time employee. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this award.

(d) Proposals for part-time employment may be initiated by the ABC or by an employee. No pressure will be exerted on full-time employees to convert to part-time employment or to transfer to another position to make way for part-time employment.

(e) Where a part-time work proposal is initiated by an employee, the ABC will have regard to the personal reasons put by the employee in support of the proposal and to the ABC’s operational requirements.

10.4 Hours of work for part-time employees

(a) The minimum number of consecutive hours of duty of a part-time employee will not be less than four hours on any day.

(b) Before a full-time employee becomes a part-time employee, the ABC and the employee must agree on the part-time hours of duty and record the agreement in writing (the Agreement). The Agreement will specify:

(i) For rostered employees:

(A) the total hours of work to be performed per week or over a rostered cycle.

(B) Where agreed upon, the hours per day and days per week to be worked over a roster cycle. Where this information is not agreed upon, part-time employees may be rostered for work on any day of the week or cycle and for any number of days and daily hours which can be worked by an equivalent full-time employee.

(ii) For non-rostered employees: the daily hours of work, including starting and finishing times, to be worked within the span of hours in the relevant Part to this award. The agreement may specify the extent, if any, of flexibility to be applied in the start and finish times on each or any day of the week.

(iii) The period of part-time employment, including whether the hours of work are to be varied to full-time hours on a specified date, and in the case of full-time employees converting to part-time hours, whether they are eligible to revert to full-time employment in accordance with clause 10.8.

(iv) A statement acknowledging that:

(A) a part-time employee may accept or reject the ABC’s request to work some or all additional hours, or overtime, beyond the hours stated in the Agreement; and

(B) a rejection by the part-time employee to work additional or overtime hours will not prejudice the Agreement.

(c) The ordinary hours of work of a part-time employee will be continuous. This may be varied with the consent of the employee. An unpaid meal period is not regarded as breaking continuity of work.

(d) The Agreement may be varied in writing by mutual consent between the ABC and the employee.

10.5 Additional hours and overtime

(a) A part-time employee may consent to the ABC’s request to perform more than their ordinary hours of work as set out in their Agreement, but will not be required to work daily, weekly or rostered hours of work other than in accordance with the conditions specified in either this award or the Agreement.

(b) Payment for extra work will be as specified in the following clauses:

(i) Additional hours worked in accordance with the Part covering the employee which do not exceed the daily, weekly, or cyclic ordinary hours of work of an equivalent full-time employee are to be paid at the employee’s ordinary hourly rate plus a 15% loading in lieu of accrual of sick leave and annual leave; and

(ii) Additional hours and duty not falling within the ordinary hours of work for the Part which covers the employee is Overtime and is subject to the overtime clause in the relevant Part.

10.6 Public holidays for Part 8—General Stream Employees

If a public holiday falls on a day, other than a Saturday or Sunday, that is:

(a) an RDO; or

(b) a day on which the part-time employee does not ordinarily work the employee is entitled to:

(i) one day of leave in lieu of that holiday, within one month if practicable, and credited 1/10th of the agreed fortnightly hours; or

(ii) pay for 1/10th of agreed fortnightly hours if it is not practicable to grant 1 day’s leave in accordance with Part 8—General Stream.

10.7 Public Holidays for Part 9—Journalists Stream Employees

A part-time employee is to have the agreed number of working days in the Agreement reduced by one in the fortnights in which Christmas Day and Good Friday occur and is entitled to be paid at the rate of double time for all work done on any day in excess of the reduced number of working days.

10.8 Full-time employee conversion and reversion rights

(a) A full-time employee who has converted to part-time employment for a specified period not exceeding twelve months may, as agreed between the employee and the ABC prior to the conversion in the Agreement, revert to their substantive or an equivalent full-time position as soon as practicable after the end of the specified period.

(b) Nothing in this clause prevents the ABC from granting reversion rights after a second or subsequent period of part-time employment, or initially agreeing to part-time employment for a period longer than twelve months.

10.9 Casual employees

Casual employees are provided for in Part 9—Journalists Stream and Part 10—Actors Stream of this award.

10.10 Changes to casual employment status

[10.10 inserted by PR733944 ppc 27Sep21; varied by PR777388 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 9—Dispute resolution.

Part 4—Termination of Employment

11. Termination of employment

11.1 This clause does not apply to Part 10—Actors Stream employees.

11.2 Notice of termination is provided for in the NES. However, where the ABC terminates the employment of an employee (other than a casual employee) because of the redundancy of their position, the ABC will give the employee four weeks’ notice (or five weeks’ if they have more than five years continuous service and are over 45 years old) or payment in lieu.

11.3 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of the ABC 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 ABC may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.4 Job search entitlement

Where the ABC has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the ABC.

12. Redundancy

12.1 Redundancy pay is provided for in the NES, except as altered by clause 12.2 below.

12.2 Rate of payment—redundancy pay

For the purposes of calculating any payment under this clause, “salary” will include the following amounts:

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

(b) for an allowance to be included as salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty.

(c) additional payments for the performance of duties at a higher classification level (HDA) are to be included in salary where the employee has been performing duties at the higher classification level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination.

(d) shift penalties are to be included in salary where the employee has undertaken shiftwork and is entitled to shift penalties for 50% or more of the pay periods in the 12 months prior to the date of notification. The employee is entitled to have the weekly average of the penalties payable over the 12 months immediately preceding the date on which the employee is given notice of termination included in salary.

12.3 Transfer to lower paid duties

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

12.4 Employee leaving during notice period

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

12.5 Job search entitlement

(a) The ABC will allow an employee whose employment is terminated by reason of Redundancy reasonable time off during the notice period under clause 11.2 to seek other employment.

(b) This entitlement applies instead of clause 11.4.

Part 5—Minimum Wages and Related Matters

13. Minimum wages

Minimum wages are set out in Parts 8–10.

14. Superannuation

[Varied by PR771424]

14.1 This clause only applies to employees in Part 8—General Stream and Part 9—Journalists Stream. The Superannuation for Part 10—Actors Stream employees are contained in that Part.

14.2 Superannuation legislation

[14.2 substituted by PR771424 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 14 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

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

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

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

Part 6—Hours of Work and Related Matters

Hours of work and associated allowances are set out in Part 8—General Stream, Part 9—Journalists Stream and Part 10—Actors Stream.

Part 7—Leave and Public Holidays

15. Application of Part

This Part does not apply to Part 10—Actors Stream employees or to casual employees.

16. Personal/carer’s leave and compassionate leave

16.1 NES

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

16.2 Pay while on personal/carers leave and compassionate leave

Paid personal/carer’s leave and compassionate leave will be paid at the employee’s ordinary hourly rate, including any higher duties allowance the employee would ordinarily receive.

16.3 Additional sick leave

An employee will be entitled to:

(a) except for Part 9—Journalists Stream, three additional days sick leave in each year of service, which does not accumulate; and

(b) ten half days sick leave in each year of service, which does accumulate.

16.4 Additional personal leave for Part 9—Journalists Stream

Part 9—Journalists Stream employees are entitled to 10 half days in each year of service, which do accumulate.

16.5 Extended use of personal leave

An employee is entitled to take:

(a) up to one day’s personal/carer’s leave as bereavement leave on each occasion of the death of a member of the employee’s immediate family or household – in addition to NES entitlements;

(b) up to 5 days personal/carer’s leave per year for:

(i) compassionate reasons;

(ii) moving house; or

(iii) ceremonial leave for employees of Aboriginal or Torres Island descent.

17. Parental leave

Parental leave and adoption leave are provided for in the NES and, in the case of maternity leave, the Maternity Leave (Commonwealth Employees) Act 1973 (Cth).

18. Community service leave

Community service leave is provided for in the NES.

19. Cashing out of annual leave

19.1 Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.

19.2 Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.

19.3 An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

19.4 An agreement under clause 19 must state:

(a) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(b) when the payment is to be made.

19.5 An agreement under clause 19 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.

19.6 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.

19.7 An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

19.8 The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

19.9 The employer must keep a copy of any agreement under clause 19 as an employee record.

Part 8—General Stream

20. Classifications and rates of pay

[Varied by PR606473, PR707590, PR718965; corrected by PR724132, varied by PR729412, PR740836, PR762256, PR774041]

20.1 Duties

Employees will perform such duties as required within the limits of the employee’s skill, competence and training, and classification, provided that such duties are not designed to promote deskilling.

20.2 Classifications and rates of pay

(a) The rate of pay for each employee will be no less than the Annual Award Rate of pay in respect of their classification as set out in the table in clause 20.5.

(b) Employees who are employed at the date this award comes into force or the date this clause/minimum rates conversion variation comes into force will be paid no less than the Annual Award Rate in respect of the classification and increment level they occupied at that time, as set out in clause 20.5.

(c) Existing employees who, as at the date this Award comes into force, are in the following classifications:

(i) Production Support Officer TV

(ii) TOPO

(iii) Producer

(iv) Broadcaster

will have access to incremental increases subject to the following:

Progression for the classifications referred to in 20.2(c) shall be by annual competency based increments in accordance with clause 20.4 having regard to the acquisition and utilisation of skills and knowledge through experience in his or her classification at the relevant level, strand or grade over such period.

(d) Junior rates

Employees who are less than 21 years of age and who are employed in under the following classification:

(i) Administrative Officer level 1 will be paid a minimum annual rate of salary by applying the percentages specified below to the Properly Fixed Minimum Rate (or Total Award Rate, for employees employed at the date this clause comes into force) for the relevant classification in Part 8—General Stream.

Age of employee	Percentage of minimum salary
Under 17 years	50
At 17 years	60
At 18 years	70
At 19 years	81
At 20 years	91

(ii) Broadcast Engineering Trainees who are less than 21 years of age, will be paid a rate of salary calculated to the nearest dollar as the appropriate percentage in the table below of the Annual Award Rate payable for that classification in clause 20.5.

Age of employee	Percentage of minimum salary
Under 18 years	60
At 18 years	70
At 19 years	81
At 20 years	91

20.3 Work level standards

Assessment of the appropriate job classification structures and levels will be in accordance with the relevant Work Level Standards (“WLS”). The WLS contain job classification standards for those job classifications covered by this Part. Any proposed variation to the WLS will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9—Dispute resolution.

20.4 Conditions for advancement

(a) The competency based advancement of the following classifications will be in accordance with the Procedures for the Advancement of Employees:

(i) Broadcaster;

(ii) Production Support Officer (TV);

(iii) TOPO; and

(iv) Producers.

(b) The Procedures for the Advancement of Employees contain assessment structures and procedures for the advancement of Employees who fall within the classifications listed in 20.4(a). Any proposed variation to the Procedures for the Advancement of Employees will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9—Dispute resolution.

(c) Boards of Reference may be established to determine disputed assessments where provided for in the Procedures for the Advancement of Employees.

20.5 Rate of pay

[20.5 varied by PR707590, PR718965; corrected by PR724132, varied by PR729412, PR740836, PR762256, PR774041 ppc 01Jul24]

Classification	Annual award rate $
Announcer	57,967
	58,371
	61,691
Engineer: Class 1	58,083
Engineer: Class 2	72,766
Engineer: Class 3	81,285
Engineer: Class 4	90,801
Legal Officer	59,140
Senior Legal Officer	85,369
Librarian Class 1	57,060
Librarian Class 2	68,901
Sports Broadcaster: Grade 1	52,017
Sports Broadcaster: Grade 2	64,613
Sports Broadcaster: Grade 3	70,529
Broadcast Engineer Officer 1	62,980
Broadcast Engineer Officer 2	69,871
Broadcast Engineer Officer 3	74,433
Broadcast Engineer Officer 4	76,698
Broadcast Engineer Officer 5	80,424
Broadcast Engineer Officer 6	83,447
Broadcast Engineer Officer Trainee	55,417
Cadet Engineer	46,369
Costume Maker: Grade 1	51,273
Costume Maker: Grade 2	53,081
Costume Maker: Grade 3	54,934
Designer's Assistant	57,420
Assistant Designer	66,913
Designer	70,469
Senior Production Designer	74,450
Senior Designer, Grade 1 Victoria	78,913
Senior Designer, Grade 2 Head Officer	82,000
Drafting Assistant: Grade 2	57,420
Senior Drafting Officer	70,469
Executive Producer: Grade 1	82,355
Executive Producer: Grade 2	92,439
Co-ordinator, TV Drama	100,601
Graphics Designer	66,913
Photographer: Grade 1	57,473
Photographer: Grade 2	64,514
Photographer: Grade 3	71,349
Senior Photographer	75,415
Producer: Grade 1	63,808
	65,094
	66,334
	67,574
	68,860
Producer: Grade 2	69,959
	71,219
	72,503
Producer: Grade 3	73,625
	74,868
	76,090
Producer: Grade 4	77,356
	78,612
	79,876
Producer: Grade 5	82,355
	84,905
	87,390
Producer: Merit	92,439
	94,920
Supervisor, TV Transmission: Vic, Qld, SA, WA and Tas	81,158
Television Assistant: 1	52,233
Television Assistant: 2	55,243
Television Assistant: 3	56,286
Television Assistant: 4	58,423
Senior Television Assistant (Prod Operations)	61,465
Television Lighting Electrician	57,967
Senior Television Lighting Electrician	62,036
Transmission Officer (TV)	72,831
Administrative Officer 1	50,156
Administrative Officer 2	54,760
Administrative Officer 3	59,637
Administrative Officer 4	63,713
Administrative Officer 5	67,601
Administrative Officer 6	68,547
Administrative Officer 7	80,889
Administrative Officer 8	85,102
Assistant Shop Manager 1	54,760
Assistant Shop Manager 2	57,342
Assistant Shop Manager 3	60,780
Assistant Shop Manager 4	61,716
Broadcaster Level 1	54,760
	55,673
	56,588
Broadcaster Level 2	57,342
	60,780
	62,851
	66,304
	68,820
Broadcaster Level 3	71,087
	73,355
Broadcaster Level 4	75,786
	78,294
	79,593
Broadcaster Level 5	80,889
	82,185
	83,485
	85,102
	86,723
Broadcaster Level 6	88,343
	89,964
	92,926
	93,204
	95,648
Broadcaster Level 7	98,398
Building and Services Officer 1	48,696
Building and Services Officer 2	51,617
Building and Services Officer 3	55,673
Building and Services Officer 4	60,780
Building and Services Officer 5	63,713
Building and Services Officer 6	67,601
Building and Services Officer 7	73,355
Design and Development Officer 1	54,760
Design and Development Officer 2	62,851
Design and Development Officer 3	69,871
Design and Development Officer 4	76,999
Design and Development Officer 5	86,723
Information Technologist 1	61,716
Information Technologist 2	71,087
Information Technologist 3	80,889
Information Technologist 4	89,964
Information Technologist 5	98,398
Make Up Artist Trainee	53,841
Make Up Artist 1	55,673
Make Up Artist 2	61,716
Make Up Artist 3	68,820
Production Support Officer Level 1	54,760
Production Support Officer Level 2 – Strand 1	59,637
Production Support Officer Level 2 – Strand 2	60,780
Production Support Officer Level 2 – Strand 3	61,716
Production Support Officer Level 3 – Strand 1	62,851
Production Support Officer Level 3 – Strand 2	63,713
Production Support Officer Level 3 – Strand 3	65,012
Product Support Officer Level 4 – Strand 1 (Merit level)	66,304
Production Support Officer Level 4 – Strand 2 (Merit level)	67,601
Production Support Officer Level 4 – Strand 3 (Merit level)	68,820
Production Support Officer Level 5 – Strands 1, 2 & 3 (Merit Level)	69,871
Production Support Officer Level 6 – Strand 1 (Merit Level)	74,569
Production Support Officer Level 7 – Strand 4 (Merit Level)	76,999
Professional Officer (R&D) 1	54,760
Professional Officer (R&D) 2	62,851
Professional Officer (R&D) 3	71,087
Professional Officer (R&D) 4	79,593
Professional Officer (R&D) 5	88,343
Professional Officer (R&D) 6	95,648
Property Officer 1	50,156
Property Officer 2	52,564
Property Officer 3	55,673
Property Officer 4	58,486
Property Officer 5	60,780
Technical Services Officer 1	54,760
Technical Services Officer 2	62,851
Technical Services Officer 3	69,871
Technical Services Officer 4	76,999
Technical Services Officer 5	83,485
Sales Assistant	52,564
Scenic Workshop Officer 1	55,673
Scenic Workshop Officer 2	60,780
Scenic Workshop Officer 3	63,713
Scenic Workshop Officer 4	68,820
Broadbanded TOPO 1	54,760
	55,673
	57,342
Broadbanded TOPO 2	58,486
	59,637
	61,716
	62,851
	63,713
Broadbanded TOPO 3	63,819
	67,601
	68,820
	69,871
	71,087
Broadbanded TOPO Merit	73,355
	74,569
	76,999
	78,294
	80,889
TOPO Technical Producer	73,355
TOPO Senior (BAPH)	68,820
TOPO Senior (NSW/Vic)	73,355
TOPO Shift Senior	68,820
TOPO Shift Supervisor	73,355
TOPO Technical Producer/Lighting Director	73,355
Senior TOPO	82,185
Senior TOPO Merit	85,102
Extended Range TOPO	89,964

21. Facilitative provisions

21.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between the ABC and the relevant union and/or an employee, or the majority of employees, in the enterprise or workplace concerned.

21.2 In addition to facilitative provisions in clause 7, there are the following special facilitative provisions for broadcasters:

(a) By agreement in writing between the ABC and a Broadcaster classified at level 5 or above, a Broadcaster may be paid a loading of not less than 25% for a period of twelve months in lieu of the terms and conditions prescribed in clauses 22, 23, 24 and 28.1(a). Such agreement must specify the circumstances and the dates of operation of the agreement.

(b) By agreement in writing between the ABC and a Broadcaster, a Broadcaster may be paid a loading of not less than 50% for a period of less than twelve months in lieu of the terms and conditions prescribed in clauses 22, 23, 24 and 28.1(a). Such agreement must specify the circumstances and the dates of operation of the agreement.

(c) Broadcasters who are in receipt of an annual salary of 150% of the Properly Fixed Minimum Rate for Broadcaster 7 or more shall be automatically exempt from clauses 22, 23, 24 and 28.1(a) and can, by agreement between the Broadcaster and the ABC, be exempted from clauses 20.3, 20.4, and 28.

22. Hours of duty

22.1 General

(a) A non-rostered employee is an employee whose hours of ordinary duty are:

(i) For Division 2 General Employees—within the span of 8:00 a.m. to 6:00 p.m. Monday to Friday and 8:00 a.m. and 1:00 p.m. Saturday; and

(ii) For TSOs who are treated as non-rostered employees – within the span of 7:00 a.m. to 6:00 p.m. Monday to Friday and 7:00 a.m. and 1:00 p.m. Saturday.

(b) A rostered employee is an employee who is not a non-rostered employee.

22.2 Non-rostered employees—hours of duty

(a) The ordinary weekly hours of non-rostered employees are:

(i) For Division 2 General Employees—36¾ hours (but the employee may be required to work up to 38 hours within the span of hours in 22.1(a) before qualifying for overtime, although only in the very limited circumstances set out in the clause 24—Overtime);

(ii) For TSOs who are treated as non-rostered employees – 38 hours.

(b) The hours of duty of non-rostered employees are arranged as follows:

(i) commencing and finishing times (within the span of hours set out in 22.1(a)) as may be determined by the ABC; and

(ii) standard days of:

(A) 7 hours 21 minutes, or in the case of non-rostered TSOs 7 hours 36 minutes, for non-rostered employees whose ordinary hours of duty are confined to five days of the week; and

(B) 6 hours 45 minutes each weekday and 3 hours on Saturday for non-rostered employees whose ordinary hours of duty are performed on six days of the week,

subject to the provision in 22.2(a)(i).

22.3 Rostered employees

(a) Hours of duty

(i) The ordinary hours of duty of rostered employees shall not exceed 38 hours per week, or 76 hours per fortnight or 114 hours over a three week cycle, subject to the following:

(A) the ordinary hours of duty of:

· Administrative Officers (D) are 72 hours,

· Sales Assistant are 73½ hours, and

· other Division 3 General Employees are 76 hours

over a two week cycle;

(B) Broadcasters are rostered over a two week cycle; and

(C) The ordinary hours of a Broadcaster who, immediately prior to translation to the Broadcaster structure occupied a Broadcaster Officer Radio Category B2 to B8 position in the International Division are 36 hours per week. Any reference to 38 hours in the award shall in their case be read as a reference to 36 hours.

(ii) These hours of duty may be adjusted to take into account variations arising from the operation of 22.3(d).

(iii) The ordinary hours of duty prescribed in this subclause may be rostered on any day, Monday to Sunday inclusive.

(b) Span of hours

The ordinary hours of duty of an employee shall be performed within the span of hours as follows:

Division 3 General Employees	8 hours within a span of 10 hours, (and for hours worked outside of the span of 10 hours, which are not paid as overtime, the employee will be paid 50% in addition to their ordinary rate of pay);
Division 4 General Employees	8 hours within a span of 9 hours;
Broadcasters	between 4 hours and 11 hours (including meal breaks) with no breaks other than meal or crib breaks with the exception of broken shifts worked in accordance with clause 22.3(c).
TSOs	no specified daily hours, but for hours worked beyond 12 hours in a day (broken or unbroken shifts), which are not paid as overtime, the employee will be paid 100% of their ordinary rate of pay in addition to their ordinary rate of pay;
TOPOs	8 hours within a span of 9 hours.

(i) A Broadcaster involved in the recording and/or live broadcast of performances of live music, other than a broadcaster whose functions involve a significant operational role, may be required to perform broken shifts, where the performance of the broken shifts are necessary for the successful recording or live broadcast of a particular performance.

(ii) No period of duty performed in accordance with this sub-clause shall count as less than three hours, subject to the following provisos:

(A) where three calls are made on a day, one of those calls, if for a period of two hours or less, shall count as two hours; and

(B) where, on any day less than two hours off duty is given between the time of ceasing duty on one broken shift and the time of commencing duty on the next broken shift, the intervening period between the two calls shall count as time worked.

(d) Arrangement of hours of duty and additional day off

(i) This clause applies to all rostered employees other than:

(A) Broadcasters, but the ABC may reach an agreement with a defined group of Broadcasters or an individual Broadcaster to arrange hours to facilitate an ADO;

(B) Part-time employees;

(C) Announcers;

(D) Production Support Officers designated as a Production Manager, Senior Production Manager, Researcher, Researcher Merit, Senior Researcher, Research Co-ordinator or Unit Manager;

(E) Administrative Officers (D);

(F) Sales Assistants; and

(G) Assistant Shop Managers.

(ii) Over a four week period employees will be rostered to work up to nineteen days of up to 8 hours per day. This system of rostering generates an additional day off (“ADO”), which is additional to the days off provided in 22.4(b).

(e) Observance of ADOs

(i) Only in exceptional circumstances shall an employee not be permitted to take an ADO during the period it accrues.

(ii) Where special circumstances exist, the ABC may allow an employee to accumulate ADOs up to a maximum of three days.

(f) Substitute days

(i) The ABC may substitute the day to be taken as an ADO provided that notice is given before the time of ceasing duty on the previous day (or, if the person was not on duty the previous day, at least 24 hours prior to the ceasing time of rostered duty on the day of requirement).

(ii) An individual employee, with the agreement of the appropriate supervisor, may substitute the day to be taken as an ADO for another day.

(g) Work on an ADO

Unless a substitute day is granted in accordance with clause 22.3(f) work performed on an ADO will be paid for at the appropriate overtime rates.

22.4 Rosters and changes in rosters

(a) Rosters

Rosters specifying the starting and finishing times of the ordinary hours of work, Rostered days off and where possible, rostered overtime must be displayed seven days in advance of the roster coming into operation. The following roster conditions also apply:

(i) Broadcasters and TOPOs: the rosters shall also specify the meal periods;

(ii) Administrative Officers (D): the rosters will be provided 9 days in advance of the commencement of the cycle;

(iii) Administrative Officers (D), other than an Administrative Officer (D) performing relief duties, may be required to work alternating shifts which will be worked within similar starting and finishing times on at least four days in each week; and

(iv) In the case of Administrative Officers (B), Building and Services Officers (B) and Sales Assistants rosters will be displayed nine days in advance if possible.

(b) Rostered days off

(i) A Rostered day off (“RDO”) is a day (24 hours) during which an employee is not required to attend for duty or to hold themselves available for duty.

(ii) RDOs shall be granted on a roster as follows:

Length of roster cycle	Rostered days off
One week	2
Two weeks	4
Three weeks	6

(iii) For Broadcasters:

(A) At least two RDOs in a cycle are to be consecutive.

(B) Where a single RDO is given, that day must commence from the end of eleven hours after the time the employee ceased duty. This may be reduced to six hours if the break prior to another free day or days within the shift cycle is increased by an offsetting amount.

(C) Where two or more consecutive RDOs are given, those RDOs must commence from the end of eight hours after the time the employee ceased duty.

(D) Where an employee is required to work on a day which was designated as a RDO, a substitute RDO shall be granted within the same or next succeeding shift cycle.

Further, the substitute RDO shall, wherever practicable, be granted so that it is consecutive with another RDO or at a time which is convenient to the employee.

(E) An employee who is not given any of the clear days by any of the methods provided for in this clause shall be paid overtime for those days.

(iv) For employees other than Broadcasters:

(A) When an RDO is given, an additional period of 11 hours should be provided between the time at which the employee finishes their ordinary hours of duty and the commencement of the 24 hours of the RDO.

(B) This additional period may be reduced to as little as 6 hours if the additional period for another RDO in the cycle is commensurately longer. If the reduction cannot be offset in the cycle in this way, the employee is to be paid at the rate of time and a half for the hours which have not been offset.

(C) If the additional period is less than 6 hours, the gap between the actual time granted and 6 hours must be paid for at the rate of time and a half.

(i) Meal periods shall not be of less than 30 minutes and not more than 60 minutes. Crib times, counting as time on duty, shall be of less than 30 minutes but not less than fifteen minutes.

(ii) Meal periods shall be allowed as far as practicable between the hours of:

· 7.00 a.m. and 9.00 a.m.

· Noon and 2.00 p.m.

· 5.00 p.m. and 7.00 p.m.

· Midnight and 1.00 a.m.

(iii) Two meal periods shall not be given unless the shift covers two of the above specified meal times. If two meal periods are given on any day, they must not exceed 60 minutes in total.

(iv) No meal period shall be

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