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1.3 This award supersedes the awards listed in Schedule L—Relationship with Other Awards. The replacement of the predecessor awards by this award does not affect any right or liability that a person acquired, accrued or incurred under a predecessor award.

1.4 Schedule A – Definitions sets out definitions that apply in this award.

1.5 The monetary obligations imposed on the employer by this award may be absorbed into overaward payments. Nothing in this award requires the employer to maintain or increase any overaward payment.

1.6 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 this award contain the minimum conditions of employment for employees covered by this award.

2.2 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

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 Northern Territory Public Sector (NTPS) as provided under the Public Sector Employment and Management Act 1993 (NT) (PSEM Act).

3.2 Employer

This award covers the Commissioner as defined under the PSEM Act in respect of employees employed in NTPS employment.

3.3 Employees

This award covers NTPS employees in the classifications listed in clauses 10.3 and 10.4 and Schedule M—Power and Water of this award, to the exclusion of any other modern award.

4. Award flexibility

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

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

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

(a) be confined to a variation in the application of one or more of the terms listed in clause 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 employer and the individual employee must also:

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

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

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

4.5 The employer 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 clause 4.4(a), the agreement must not require the approval or consent of a person other than the employer and the individual employee.

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

4.8 The agreement may be terminated:

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

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

Note: if any of the requirements of s.144(4) of the Fair Work Act 2009 (Cth) (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 employer, giving written notice of not more than 28 days (see s.145 of the Act).

4.9 The right to make an agreement pursuant to clause 4 is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

5. Facilitative provisions

5.1 This award contains facilitative provisions which allow agreement to be reached between the employer and employees on how specific award provisions are to apply at the workplace level. The facilitative provisions are identified in clause 5.3.

5.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice.

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

Clause Number	Subject Matter
8.2(b)(iv)	Accrued day off system
8.2(c)(iv)	Ordinary hours of duty performed on six days of the week, Monday to Saturday inclusive
H.4.2	Span of ordinary hours – day workers of the Fire and Rescue Service
M.14.2	Annual overtime allowance

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 employer 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) any agreement between an employer and a majority of employees must be recorded in writing.

Part 2—Types of Employment and Classifications

6. Types of employment

[Varied by PR733959]

[6.1 deleted by PR733959 from 27Sep21]

[6.2 renumbered as 6.1 and substituted by PR733959 from 27Sep21]

6.1 An employee can be employed as either a full-time, part-time or casual employee.

NOTE: The PSEM Act contains provisions which specify the basis of engagement for an employee covered by this award.

6.2 Full-time employment

[6.3 renumbered as 6.2 by PR733959 from 27Sep21]

A full-time employee is an employee who works the ordinary hours of work set out in clause 8.2(b)(i) (day workers) or 8.4(c)(i) (shiftworkers) of this award.

6.3 Part-time employment

[6.4 renumbered as 6.3 by PR733959 from 27Sep21]

(a) A part-time employee is an employee who works an agreed number of regular hours that is less than the ordinary hours of work applicable to an equivalent full-time employee under this award.

(b) Part-time employees will receive, on a pro rata basis, equivalent pay and conditions to those of full-time employees engaged for the same kind of work and classification. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this award.

(c) An employee engaged on a full-time basis will not be required to convert to part-time employment nor to transfer without their consent to enable part-time employment.

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

(i) the agreed weekly ordinary hours of duty;

(ii) duration of the agreement (where applicable); and

(iii) 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, within the limits of the span of hours specified for an equivalent full-time employee.

(e) Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing under clause 6.3(d) will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to full-time hours unless a further period of part-time employment is approved.

(f) The agreed weekly hours and the pattern of hours specified in clause 6.3(d) will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.

(g) A part-time employee may be required to work reasonable additional hours in excess of the employee’s agreed hours of work. Payment in relation to additional hours of work, including overtime, will be in accordance with clause 15- Overtime of this award.

(h) Subject to clause 6.3(i), a regular part-time employee will be paid a minimum of:

(i) two hours pay on any day they work where the hours of full-time employees engaged for the same kind of work and classification are 36.75 per week; or

(ii) four hours pay on any day they work where the hours of full-time employees engaged for the same kind of work and classification are 38 per week.

(i) Clause 6.3(h) does not apply to:

(i) Assistant Teacher, Classroom Teacher, and Senior Teacher;

(ii) Medical Officer;

(iii) Port Service Worker;

(iv) Port Administrative Officer and Senior Port Administrative Officer;

(v) Power and Water – all classifications.

6.4 Casual employment

[6.5 renumbered as 6.4 by PR733959 from 27Sep21]

[6.4(a) varied by PR733959 from 27Sep21]

(a) A casual employee will be paid the hourly pay rate for their classification in clauses 10.3, 10.4 and Schedule M – Power and Water.

(b) Casual loading

[6.4(b) varied by PR733959 ppc 27Sep21]

Subject to a schedule to this award which may provide otherwise, in addition to the ordinary hourly rate and penalty rates payable for shift, weekend and public holiday work payable to full-time employees, casual employees will be paid a loading of 25% of the ordinary hourly rate for the classification in which they are employed. The loading is in lieu of paid leave entitlements (other than long service leave), notice of termination of employment and redundancy benefits, and public holidays.

[6.4(c) inserted by PR733959 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 26—Dispute resolution.

7. Classifications

7.1 Appropriate classification

(a) In accordance with sections 13(a), 13(g) and 14(2) of the PSEM Act, the job evaluation system and designations applied in the NTPS are determined by the Commissioner. Assessment of the appropriate structures and levels will be consistent with the job evaluation system applied in the NTPS for the following classifications contained in clause 10 – Minimum pay rates and Schedule M – Power and Water:

(i) Administrative Officer – AO1 to AO7, SAO1 and SAO2

(ii) Executive Officer – EO2 and EO3

(iii) Professional – P1 to P3, SP1 and SP2

(iv) Technical – T1 to T6

(v) Nurses and Midwives – N3 to N8

(vi) Senior Teacher – ST1 to ST8

(vii) Power and Water classifications:

· Administrative Officer levels 1 to 8

· Senior Technical officer levels 1 to 5

· Technical levels 1 to 4

· Professional levels 1 to 5

(viii) Port Administrative Officer (PAO3) and Senior Port Administrative Officer (SPAO2)

(b) Classification definitions for Nurse 1 and Nurse 2, see Schedule F.

(c) Classification and corresponding designation definitions for Medical Officer Level 1 to Medical Officer Level 24, see Schedule G.

(d) Classification definitions for Assistant Teacher and Classroom Teacher, see Schedule I.

(e) In accordance with sections 13(a), 13(g) and 14(2) of the PSEM Act, assessment of the appropriate structures and levels for classifications under this award, other than those listed in clauses 7.1(a) to (d) , will be consistent with the relevant Work Level Standards (WLS) as determined by the Commissioner. Any proposed variation to the WLS will be subject to consultation in accordance with clause 25.

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 who is not defined as a shiftworker.

(b) Hours

(i) The ordinary hours of work for a full-time employee will be as follows:

Classification	Employed in (Agency)	Hours per week
Administrative Officer and Senior Administrative Officer	All Agencies	36.75
Executive Officer	All Agencies	36.75
Physical	Department of Health	38
	Department of Children and Families	38
	Any Agency where a Physical employee is governed by employment conditions in Schedule D – Class of work/designation-Physical	38
	Other (excluding Power and Water)	36.75
	Power and Water	37.5
Professional Officer and Senior Professional Officer	Department of Health	38
Professional Officer and Senior Professional Officer	Other	36.75
Technical / Senior Technical	Department of Health	38
Technical / Senior Technical	Other	36.75
Aboriginal and Torres Strait Islander Health Practitioner	Department of Health	38
Dental Officers – all classifications	Department of Health	36.75
Fire and Rescue Service – all classifications	Department of Police, Fire and Emergency Services	38
Medical Officers	Department of Health	38
Nurses and Midwives – all classifications	Department of Health	38
Port Administrative Officer and Senior Port Administrative Officer	Department of Transport	36.75
Port Service Worker	Department of Lands, Planning and Environment	38
Teachers and Educators – all classifications	Department of Education	36.75

(ii) Subject to a schedule to this award which may provide otherwise and clause 8.2(b)(iii), the ordinary hours of work in clause 8.2(b)(i) may be averaged over a period of up to 28 days or the employee’s roster cycle (whichever is longer), arranged according to the requirements of the particular Agency.

(iii) Clause 8.2(b)(ii) does not apply to:

· Assistant Teacher, Classroom Teacher, Senior Teacher

· Administrative Officer and Senior Administrative Officer

· Executive Officer

· Dental Officers – all classifications

· Port Service Worker, Port Administrative Officer and Senior Port Administrative Officer

· Professional employed as an Engineer

· Power and Water – all classifications

(iv) Subject to the provisions of clause 5 – Facilitative provisions, an accrued day off (ADO) system of work may be implemented for employees. Where implemented, the ordinary hours of work will be 38 hours per week and the following will apply:

· an employee will be entitled to accumulate up to five accrued days resulting from working no more than 19 days in a four week period of 152 hours;

· where an employee is entitled to an ADO in accordance with this clause, ADOs will be taken within 12 months of the date on which the first full ADO accrued; and

· an employee will be paid for any accumulated ADOs, at ordinary rates, on the termination of their employment for any reason.

(i) Clause 8.2(c)(ii) does not apply to Assistant Teachers, Classroom Teachers and Senior Teachers.

(ii) The ordinary hours of work may be worked between:

Span of hours	Employed in Agency and/or Classification
6.00 am to 5.30 pm, Monday to Friday	Department of Health employees – except for Administrative Officers Nurses and Midwives – all classifications Medical Officers – all classifications
7.00 am to 5.30 pm, Monday to Friday	Fire and Rescue Service – all classifications Power and Water – Physical employees
7.30 am to 5.30 pm, Monday to Friday	Department of Health – Administrative Officers / Senior Administrative Officers School-based Administrative Officers – see clause 8.3 Power and Water – Administrative Officer / Professional / Technical All other employees not otherwise listed herein

(iii) Ordinary hours must be worked continuously, except for meal breaks.

(iv) Subject to the provisions of clause 5– Facilitative provisions, the ordinary hours of duty in clause 8.2(b)(i) may be worked on six days of the week Monday to Saturday inclusive. Where such work arrangements are implemented:

8.2.c.iv.1. the span of hours will be: Monday to Friday as per span in clause 8.2(c)(ii) applicable to the group of employees immediately before commencing ordinary hours of work on six days of the week, and 7.30 am to 1.00 pm Saturday;

8.2.c.iv.2. the employer will issue a notice in writing to the employees affected which will specify the span of hours.

(v) Clause 8.2(c)(iv) does not apply to:

· Power and Water – all classifications

· Fire and Rescue Service – all classifications

8.3 School-based Administrative Officers – special provisions

(a) Ordinary hours of work – school hours

(i) The nominal ordinary hours of work per week and span will be as per clause 8.2(b)(i) and clause 8.2(c)(ii).

(ii) The normal hours of work for school-based Administrative Officers, excluding home liaison officer and truancy officer, will be 6.25 hours per day, i.e. school hours, and will not be extended on any day except in special circumstances where the school principal may require that an employee or employees perform additional duty for a specific purpose.

8.4 Ordinary hours of work – shiftwork

(a) Clause 8.4 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(b) Definition

Shiftworker is defined in Schedule A—Definitionsof this award.

(i) The ordinary hours of duty of employees required to work shift will be 38 per week, or an average of 38 hours over a cycle of shifts.

(ii) For shiftworkers employed in the Department of Health employees (all classifications) and Physical employees employed to perform the duties of a school maintenance officer or Physical employees employed in the provision of residential out-of-home care services in the Department of Children and Families, the ordinary hours of duty will be worked on any day in shifts of eight hours which will include a paid meal break of 30 minutes. Provided that except at the regular changeover of shifts, an employee will not be required to work more than one ordinary duty shift in each 24 hours.

(d) Rostered day off falls on public holiday

(i) Where, in a cycle of shifts on a regular roster, a shiftworker is required to perform rostered duty on each of the days of the week, and a public holiday occurs on a day on which the employee is rostered off duty, that employee will be granted, if practicable within one month of the holiday, a day’s leave in lieu of that holiday. Where it is not practicable to grant a day off, the employee will be paid one day’s pay at their ordinary rate.

(e) Rosters

(i) Subject to a schedule to this award which may provide otherwise, there will be a roster of shifts, which will:

· provide for rotation unless otherwise agreed in writing by the majority of employees and the employer;

· provide for not more than eight shifts to be worked in any nine consecutive days;

· specify the commencing and finishing times of ordinary working hours of the respective shifts; and

· subject to clause 8.4(f), not be changed until after four weeks’ notice.

(f) Notice of change in roster – general provisions

(i) Subject to clauses 8.4(f)(ii) and 8.4(g) and unless a schedule to this award provides otherwise, an employee will be given a regular starting and ceasing time for each day, which should not be changed unless at least seven days’ notice is given or the employee has genuinely agreed to a lesser period, and no alteration should be made during the currency of the week in which the notice is given.

(ii) Notice of change in rostered hours of duty under clause 8.4(f)(i) will not apply where an Agency did not have seven days’ notice of an employee’s absence for reasons related to sickness or absence of an employee.

(g) Agency specific - Notice of change in roster

(i) Clause 8.4(g) applies to:

· Department of Health employees

· Physicals employed to perform the duties of school maintenance officer in the Department of Education

· Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families

(ii) Provided that where, for reasons other than the sickness or absence of an employee, of which the Agency did not have seven days’ notice, the Agency finds it essential to require an employee without a least seven days’ notice, and to perform ordinary duty at other than the rostered hours of duty on any day, payment to that employee will be made at the:

· appropriate overtime rate for duty performed outside the rostered hours of duty, and

· at the usual rate for that portion of the duty which falls within the rostered shift.

(iii) Payment of the penalty rate as prescribed in clause 8.4(g) will be continued for each change of shift until such time as the employee has received seven days’ notice of change of shift.

8.5 Split shifts

(a) Clauses 8.5(b) to (d) apply to Physical employees employed in the designation of Driver.

(b) An employee may be rostered to work ordinary hours in up to two periods of duty, exclusive of rest breaks. The two periods of work combined for ordinary hours will not exceed eight hours and will be completed on any one day within 12 hours of commencing duty.

(c) An employee on split shifts will be paid rates as follows:

(i) For all time worked within a span of 9½ hours, ordinary time.

(ii) For all time worked outside a span of 9½ hours up to 11 hours, time and a half.

(iii) For all time worked outside a span of 10½ hours up to 12 hours, double time.

(iv) The span of hours in clauses 8.5(c)(i), 8.5(c)(ii) and 8.5(c)(iii) includes the non-working period between portions of a split shift.

(d) All authorised duty performed on any day after eight hours has been worked will be paid in accordance with the overtime rates in clause 15 - Overtime. For the purpose of calculating time worked, a non-working period separating periods of a split shift will not be included

(e) Notwithstanding the provisions of clause 8.4 – Ordinary hours of work - shiftwork, the ordinary hours of duty of Physical employees employed as catering assistants and other members of kitchen staff in the Tennant Creek Hospital who are required, disregarding meal breaks, to perform two separate periods of duty on any day, will not exceed 7.5 hours on any day and will be completed on any one day within 12 hours of commencing duty.

9. Breaks

9.1 Clause 9 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

9.2 Meal and rest breaks

(a) Unpaid meal breaks

(i) Subject to a schedule or clause in this award that may provide otherwise, an employee will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes each day.

(ii) An employee will not be required to work for more than five hours continuously without a meal break, provided that, for all authorised work performed after five hours continuous duty without a meal break and until a meal break is allowed, an employee will be paid at the rate of time and a half.

(iii) Clause 9.2(a)(ii) will apply during periods of overtime except that payment will continue at overtime rates for authorised duty beyond five hours.

(b) Paid rest (tea) breaks

(i) Clause 9.2(b) applies to employees in the following classifications or Agency:

· Port Service Worker, Port Administrative Officer, Senior Port Administrative Officer

· Department of Health employees

· Physical employees whose conditions of employment are governed by Schedule D – Class of work/designation – Physical

· Physical employees in the Department of Education employed to perform duties of school maintenance officer

· Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families

(ii) Employees will be permitted at times suitable to the agency two 15 minute breaks per day. The period of such breaks will be regarded for all purposes as time on duty and employees will not be at liberty to leave the workplace.

(i) Clause 9.2(c) applies to employees in the following classifications or Agency:

· Port Service Worker and Port Administrative Officer

· Department of Health employees

· Physical employees whose conditions of employment are governed by Schedule D – Class of work/designation – Physical

· Physical employees in the Department of Education employed to perform the duties of school maintenance officer

· Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families

(ii) An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues to work after crib time.

(iii) Where a day worker is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 am and 1.00 pm be paid at ordinary rate.

(iv) Unless the period of overtime is less than one and a half hours an employee, before starting overtime after working ordinary hours, shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. The employer and employee may agree to a variation of this provision to meet the circumstances of the work but the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

Part 4—Wages and Allowances

10. Minimum pay rates

[Varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260]

10.1 Payment of wages

(a) Unless otherwise agreed between the employer and the majority of employees in an Agency, employees will be paid fortnightly.

(b) Fortnightly pay will be calculated based on the following formula:

Fortnightly Pay =	Annual Salary x 12
		313

(c) On termination of employment, monies due to an employee under this award will be paid as soon as practicable by electronic funds transfer or by posting a cheque to the former employee’s last known address.

(d) Agency specific - Waiting time

Clause 10.1(d)(i) applies to Physical employees whose conditions of employment are governed by Schedule D—Class of work/designation – Physical, Department of Health employees and all classifications contained in Schedule M—Power and Water.

(i) An employee who works on a regular pay day and who is not paid salary via the usual method of payment on that day shall be paid waiting time from close of business on that day at his/her ordinary rate of pay until the time of actual payment, subject to:

· not more than eight hours’ pay will accrue in respect of any 24 hours of waiting;

· if the delay is caused by circumstances beyond the control of the employer, no such waiting time will be paid.

10.2 Annual and hourly pay rates

(a) Employees performing work within the classifications listed in clause 10—Minimum pay rates, will be paid not less than the annual rate applicable to the employee’s classification.

(b) Minimum hourly rates of pay will be calculated based on the following formula:

Hourly pay rate =	Fortnightly Pay
	(ordinary weekly hours for the applicable classification x 2)

10.3 NTPS classifications

[10.3(a) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(a) The minimum annual pay rate for an adult employee performing work in the following classifications is set out in the following table:

Classification level	Annual pay rate $
ADMINISTRATIVE/EXECUTIVE OFFICERS
Administrative Officer 1 (AO1)	48,705
Administrative Officer 2 (AO2)	52,799
Administrative Officer 3 (AO3)	57,224
Administrative Officer 4 (AO4)	60,894
Administrative Officer 5 (AO5)	69,664
Administrative Officer 6 (AO6)	74,814
Administrative Officer 7 (AO7)	83,980
School-based Administrative Officer – see clause K.2	92% of respective salary for the applicable classification
Senior Administrative Officer 1 (SAO1)	88,992
Senior Administrative Officer 2 (SAO2)	102,841
Executive Officer 2 (EO2)	110,910
Executive Officer 3 (EO3)	118,992
PROFESSIONAL Employees
Professional 1 (P1)	55,446
Professional 2 (P2)	73,642
Professional 3 (P3)	91,038
Senior Professional 1 (SP1)	105,554
Senior Professional 2 (SP2)	121,769
PHYSICAL Employees
Physical 1 (PH1)	46,487
Physical 2 (PH2)	48,680
Physical 3 (PH3)	49,783
Physical 4 (PH4)	51,910
Physical 5 (PH5)	53,823
Physical 6 (PH6)	56,811
Physical 7 (PH7)	59,722
Physical 8 (PH8)	62,454
Physical 9 (PH9)	66,054
TECHNICAL Employees
Technical 1 (T1)	49,869
Technical 2 (T2)	57,827
Technical 3 (T3)	63,460
Technical 4 (T4)	70,614
Technical 5 (T5)	77,678
Technical 6 (T6)	84,056

10.4 Agency specific classifications

[10.4(a) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(a) The minimum annual pay rate for an adult employee performing work in the following classifications is set out in the following table:

Classification level	Annual pay rate $
ABORIGINAL AND TORRES STRAIT ISLANDER HEALTH PRACTITIONER (ATSIHP)
ATSIHP Class1	46,486
ATSIHP Class 2	53,424
ATSIHP Class 3	69,996
ATSIHP Class 4	83,329
ATSIHP Class 5	92,216
ATSIHP Class 6	104,440
DENTAL OFFICER
Dentist 1	85,211
Dentist 2	89,196
Dentist 3	93,369
Senior Dentist	103,262
Dentist Manager	119,595
Clinical Manager	135,600
Principal Dental Advisor	146,657
FIRE AND RESCUE SERVICE
Recruit (first 3 months)	56,994
Recruit (successive 9 months)	59,917
Firefighter Class D	62,109
Firefighter Class C	63,570
Firefighter Class B	71,608
Firefighter Class A	73,069
Senior Firefighter	76,722
Leading Firefighter	80,376
Station Officer	84,029
Senior Station Officer	94,990
District Officer	109,604
MEDICAL OFFICERS
Medical Officer Level 1	66,004
Medical Officer Level 2	73,802
Medical Officer Level 3	77,684
Medical Officer Level 4	81,131
Medical Officer Level 5	84,341
Medical Officer Level 6	86,229
Medical Officer Level 7	89,886
Medical Officer Level 8	92,670
Medical Officer Level 9	95,459
Medical Officer Level 10	98,646
Medical Officer Level 11	101,831
Medical Officer Level 12	105,028
Medical Officer Level 13	108,365
Medical Officer Level 14	110,224
Medical Officer Level 15	112,974
Medical Officer Level 16	113,191
Medical Officer Level 17	116,767
Medical Officer Level 18	117,975
Medical Officer Level 19	124,619
Medical Officer Level 20	129,898
Medical Officer Level 21	140,506
Medical Officer Level 22	144,172
Medical Officer Level 23	146,975
Medical Officer Level 24	151,556
NURSES AND MIDWIVES
Pupil Nurse	45,630
Nurse 1 (Enrolled Nurse) (N1)
N1 Year 1	51,157
N1 Year 2	52,741
N1 Year 3	54,376
N1 Year 4	56,059
N1 Year 5	57,827
Nurse 2 / Student Midwife (N2)
N2.1	57,827
N2.2	60,939
N2.3	64,054
N2.4	67,166
N2.5	70,794
N2.6	73,517
N2.7	76,506
Nurse 3 (N3)
N3.1	79,697
N3.2	82,888
N3.3	85,154
Nurse 4 (N4)
N4.1	88,689
N4.2	91,792
N4.3	95,283
Nurse 5 (N5)
N5.1	97,666
N5.2	101,764
Nurse 6 (N6)
N6.1	107,364
N6.2	111,657
Nurse 7 (N7)
N7.1	120,611
N7.2	124,936
Nurse 8 (N8)
N8.1	129,920
N8.2	134,275
PORT SERVICES
Port Administrative Officer 3 (PAO3)	57,026
Senior Port Administrative Officer 2 (SPAO2)	103,877
Port Service Worker 1 (PSW1)	49,557
Port Service Worker 2 (PSW2)	51,910
Port Service Worker 4 (PSW4)	56,729
Port Service Worker 5 (PSW5)	62,577
TEACHERS AND EDUCATORS
Assistant Teacher
Assistant Teacher Level 1 (AT1)	48,777
Assistant Teacher Level 2 (AT2)	51,795
Assistant Teacher Level 3 (AT3)	54,752
Assistant Teacher Level 4 (AT4)	57,129
Assistant Teacher Level 5 (AT5)	59,012
Classroom Teacher
Classroom Teacher 1 (CT1)	60,894
Classroom Teacher 2 (CT2)	63,949
Classroom Teacher 3 (CT3)	67,002
Classroom Teacher 4 (CT4)	70,057
Classroom Teacher 5 (CT5)	73,111
Classroom Teacher 6 (CT6)	78,169
Classroom Teacher 7 (CT7)	81,223
Classroom Teacher 8 (CT8)	84,276
Classroom Teacher 9 (CT9)	87,330
Senior Teacher
Senior Teacher 1 (ST1)	96,597
Senior Teacher 2 (ST2)	100,422
Senior Teacher 3 (ST3)	106,735
Senior Teacher 4 (ST4)	109,756
Senior Teacher 5 (ST5)	117,341
Senior Teacher 6 (ST6)	121,049
Senior Teacher 7 (ST7)	125,337
Senior Teacher 8 (ST8)	130,919

(b) For classifications and salary rates applicable to Power and Water employees, see Schedule M—Power and Water.

10.5 Juniors

(a) Clause 10.5 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(b) Clause 10.5(c) does not apply to junior employees engaged in designations listed in and whose conditions of employment are governed by Schedule D—Class of work/designation – Physical and Department of Health employees.

(c) Employees who are younger than 21 years of age, who are not an apprentice or trainee, and who are employed in the classifications of:

(i) Administrative Officer 1;

(ii) Technical 1;

(iii) Technical 2;

(iv) Physical 2; and

(v) Physical 3;

will be entitled to a percentage of the applicable adult minimum annual pay rate for the classification as follows:

Under 18 years	60%
At 18 years	70%
At 19 years	81%
At 20 years	91%

(d) The applicable junior rates for employees whose conditions of employment are governed by Schedule D—Class of work/designation – Physical will be as follows:

(i) Subject to clause 10.5(d)(ii), employees who are younger than 21 years of age, who are not an apprentice or trainee, and who are employed in the Physical 1 classification will be entitled to a percentage of the applicable adult minimum annual pay rate as follows:

Age	Percentage of Physical 1 Annual Pay Rate
Under 18 years	55%
At 18 years	65%
At 19 years	78.5%
At 20 years	93%

(ii) A junior employee who maintains dependents will be paid the applicable percentage or the weekly minimum adult wage determined by the Commissioner, whichever is the greater.

10.6 Apprentice minimum wages

(a) Clause 10.6 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(b) Junior Apprentice minimum wages

Apprentices, other than adult apprentices or apprentices with dependents, will be paid the percentages of the minimum wage rate for the Physical 4 (PH4) classification in clause 10.3 as set out in the following table:

Relevant attribute of the person at the time of entering into a training agreement as an apprentice
Length of service as an apprentice	Not completed Year 12	Completed Year 12
	%	%
1^st year of service	50	55
2^nd year of service	60	65
3^rd year of service	75	75
4^th year of service	88	88

An adult apprentice, and an apprentice who maintains dependents, will be paid not less than the weekly minimum adult wage determined by the Commissioner, or the rate prescribed by clause 10.6(b) for the relevant year of the apprenticeship, whichever is the greater.

(d) A person employed under this award immediately prior to entering into a training agreement as an adult apprentice with the employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in the NTPS for at least six months as a full-time employee or 12 months as a part-time or casual employee immediately prior to commencing the apprenticeship. For the purposes only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 10.3 or 10.4 (as applicable) in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(e) Apprentices undertaking trade training consistent with their apprenticeship training requirements or indentures will do so without loss of pay. All fees for prescribed courses and prescribed textbooks, paid by apprentices will be reimbursed, subject to satisfactory progress.

10.7 National training wage

For an employee undertaking a traineeship, see Schedule C.

10.8 Supported wage system

Salary payments for employees with a disability, see Schedule B.

10.9 Increments

(a) Clause 10.9 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(b) Medical Officer pay progression and advancement, see Schedule G—Medical Officers.

(c) Nurse 1 (Enrolled Nurse) pay progression and advancement, see Schedule F—Nurses and Midwives.

(d) For the following classifications and subject to clause 10.9(f), an employee will be entitled to progress one pay point within the pay scale for the employee’s classification after 12 months continuous service, or after 12 months broken service in the preceding 24 months, at a particular pay point:

(i) Dentist level 1 to Dentist level 3

(ii) Nurses and Midwives - N2, N3, N4, N5, N6, N7 or N8

(iii) Classroom Teacher level 1 to level 4

(iv) Classroom Teacher level 6 to level 9

(e) Incremental progression for Classroom Teacher level 5 to Classroom Teacher level 6 will be subject to an assessment in accordance with clause I.2.2(f) – Classroom Teacher Level 6 (CT6).

(f) This incremental progression is subject to:

(i) an employee demonstrating satisfactory performance over the period; and

(ii) the Chief Executive Officer not having withheld an increment from an employee on the basis that the employee has failed to meet identified performance target or work outcomes as required and has failed to attain new and/or enhanced skills required of an acceptable standard of work performance where a performance management and development procedure is in place.

(g) Senior Teacher levels 1 – 8 represent direct promotional salary points within the classification structure contained in this award.

(h) An employee under 21 years of age in a classification in which age rates are payable will progress in accordance with the age rates specified, unless (where applicable) the employee must comply with a condition of advancement determined by the Commissioner.

(i) An employee who is promoted on an ongoing basis will have included for incremental purposes any previous period during which the employee performed higher duties at the new classification level or a higher classification than the new classification level.

10.10 Higher duties

(a) Clause 10.10 does not apply to Fire and Rescue Service - all classifications. See Schedule H—Fire and Rescue Service Employees for applicable provisions.

(b) Clause 10.10 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(c) Where an employee has been directed to temporarily perform duties at a higher classification level the following provisions apply:

(i) 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 substantive designation salary and the salary the employee would receive if promoted to the higher classification, or an alternative amount determined by the employer where partial performance is directed.

· An employee under 21 years of age who is paid an age rate and is 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 age rate and the age rate of the higher classification (where applicable) or the salary the employee would receive if promoted to the higher classification.

· An allowance paid for performance of higher duties will be regarded as salary for the purposes of calculation of overtime and excess travelling time.

· An employee who performs the duties of a higher classification will be subject to the conditions of service of the higher classification, including the criteria determined by the Commissioner or this award for advancement beyond a salary barrier point.

· An employee who performs the duties of a higher classification for 12 months continuously, or for 12 months in broken periods over a 24 month period, and has met the requirements of clause 10.9–Increments will be paid an increment in accordance with clause 10.9–Increments.

(ii) Increment attained and future higher duties

· An increment attained by higher duties will be retained for future higher duties at that classification level (or higher). To avoid doubt, previous higher duties performed of another designation or classification level having a lower scale of rates of salary than the classification level to which the employee is temporarily promoted will not count for incremental purposes.

· The period of employment at a higher duty designation will count for incremental purposes at the substantive designation.

(iii) Minimum period

· An employee directed to perform continuous higher duties for at least four hours will be regarded as being on higher duties for the whole day; performance of higher duties for less than four hours on one day will be disregarded for all purposes.

(iv) Salary barrier

(A) Subject to clause 10.10(c)(iv)(B), an employee who performs higher duties at a classification above the salary barrier for a period of less than one week will not be paid an allowance, and that period will not count as service at the higher classification level unless the employer determines otherwise.

(B) An Assistant Teacher, Classroom Teacher or Senior Teacher is not entitled to receive higher duties allowance unless the employee performs the duties of a higher classification for a period of five days or more.

(v) Higher duties allowance on leave

An employee who has been directed to perform the duties of a higher classification and is absent on paid leave or observes a public holiday, will continue to receive payment of higher duties allowance during the absence 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. Allowances

[Varied by PR592410, PR592256; corrected by PR594082; varied by PR606477, PR606626, PR704177, PR707594, PR707810, PR718969, PR719120, PR729416, PR729594, PR740841, PR740998, PR762260, PR762426]

11.1 Eligibility for allowances

Allowances set out in clause 11 will apply to all eligible employees, unless otherwise specified.

11.2 Application of allowances.

Unless specified in clause 11:

(a) Allowances do not increase an employee’s ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates).

(b) Allowances will be paid in addition to an employee’s ordinary rate of pay as contained in clause 10.3 – NTPS Classifications and clause 10.4 – Agency specific classifications, unless stated otherwise.

(c) Allowances will not count as salary or wages for any purpose and will not be paid during any period of leave, either with or without pay, unless expressly provided otherwise in this award.

(d) With the exception of clause 11.5—First aid allowance, allowances in clause 11 are not applicable to employees of the Fire and Rescue Service (see Schedule H—Fire and Rescue Service employees for applicable allowances).

(e) With the exception of clause 11.4—Meal allowance, allowances in clause 11 are not applicable to Port Service Worker, Port Administrative Officer and Senior Port Administrative Officer. See Schedule J—Port Services for applicable allowances.

(f) Clause 11 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(g) Clause 11 does not apply to Assistant Teacher, Classroom Teacher and Senior Teacher. See Schedule I—Teachers and Educators for applicable provisions.

11.3 Allowance rates

The employer must pay to an employee such allowances as the employee is entitled to under this clause. See Schedule E—Summary of monetary allowances, for adjustment of expense and wage related allowances.

11.4 Meal allowance

[11.4(a) varied by PR592410, PR606626, PR704177, PR707810, PR719120, PR729594, PR740998, PR762426 ppc 01Jul23]

(a) An employee who is required to work overtime after the end of ordinary duty, to the completion of or beyond a meal period without a break for a meal, will be paid a meal allowance of $25.12 or higher rate determined by the Commissioner in addition to any overtime.

(b) A meal period means the following periods:

· 7.00 am to 9.00 am

· 12 noon to 2.00 pm

· 6.00 pm to 7.00 pm

· Midnight to 1.00 am

(c) Meal allowance is also payable to an employee who is required:

(i) after the completion of their ordinary hours of duty for the day, without a break for a meal, to perform extra duties up to the completion of or beyond the next meal period occurring after the completion of the ordinary duty;

(ii) after the completion of their ordinary hours of duty 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;

(iii) to perform duty before the commencement of ordinary hours of duty, who breaks for a meal and is not entitled to payment for that break; or

(iv) to perform duty on a Saturday, Sunday, public holiday or rostered day off, in addition to their ordinary weekly hours of duty, extending beyond a meal break and is not entitled to payment for that break.

(d) The amount of meal allowance payable under this clause 11.4 will be adjusted to equal the maximum amount required to obtain a three course meal where such a meal is obtainable by the employee at a canteen, cafeteria or dining room conducted, controlled or assisted by the employer.

11.5 First aid allowance

(a) Subject to clause 11.5(b), The following employees are eligible for first aid allowance in accordance with this clause:

(i) Administrative Officer – AO1 to AO7, SAO1 and SAO2

(ii) Executive Officer – EO2 and EO3

(iii) Professional Officer – P1 to P3, SP1 and SP2

(iv) Technical

(v) Physical

(vi) Dental Officers – all classifications

(vii) Fire and Rescue Service – all classifications

(b) Clause 11.5 does not apply to:

(i) Department of Health employees

(ii) Physical employees whose conditions of employment are governed by Schedule D – Class of work/designation – Physical

(iii) Physical employees engaged to perform the duties of school maintenance officer in the Department of Education

(iv) Physical employees engaged in the provision of residential out-of-home care services in the Department of Children and Families

(c) Subject to clause 11.5(d), where the Chief Executive Officer is satisfied that an employee holds a first aid qualification and it is necessary in the performance of the work of the Agency in which the employee is employed, they will be paid an allowance as follows:

[11.5(c)(i) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(i) Where the Provide First Aid [HLTAID003] qualification or equivalent is held – $16.69 per week.

[11.5(c)(ii) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(ii) Where the Provide Advanced First Aid [HLTAID006] qualification or equivalent is held – $20.31 per week.

(d) First aid allowance will only be payable where the currency of such qualifications is maintained in accordance with the requirements of the relevant Unit of Competency and/or Training Package endorsed by the Australian Industry and Skills Committee.

(e) Payable on leave:

(i) First aid allowance will be payable on annual leave.

(ii) Fire and Rescue Service – all classifications: First aid allowance will be payable on paid personal leave (clause 19) and on leave in special circumstances with pay (clause H.16).

11.6 Allowance for protective clothing

(a) Clause 11.6 does not apply to Nurses and Midwives.

(b) Where the employer requires an employee to wear protective clothing, the employer will provide protective clothing or pay an allowance in lieu thereof to an employee.

(c) All equipment and protective clothing provided by the Agency will remain the property of the Agency and will be accounted for by each employee when so required. When any item has become so worn that it is no longer adequate for its purpose, it will be replaced by the Agency without charge to the employee but any item which is lost or damaged through the negligence of the employee will be replaced at the expense of the employee.

(d) The cost of any article not returned to the Agency by an employee on termination may be recovered from any monies owing to that employee.

11.7 Janitor’s duties

(a) A janitor who lives on Agency premises will be required to perform a security check on all external doors and windows on Monday to Friday inclusive where the premises have been in use. The first hour of the security check will be unpaid and any additional time will be paid as time worked, provided that where such check is completed in less than one hour the janitor will be released from duty.

(b) A janitor who lives on Agency premises may also be required to perform overtime and security checks that have customarily been performed.

(c) In recognition of the above duties a janitor will be paid an allowance equal to accommodation and utilities including gas and/or electricity and water where such arrangements are not provided by the employer.

11.8 Excess travelling time

(a) Clause 11.8 does not apply to:

(i) Nurses and Midwives – all classifications;

(ii) Physical employees whose conditions of employment are governed by Schedule D – Class of work/designation – Physical. See Schedule D – Class of work/designation – Physical for applicable provisions.

(b) An employee in receipt of a salary exceeding the minimum pay rate of the Administrative Officer level 4 will not be entitled to payment for excess travelling time.

(c) 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 ordinary hours of duty for the day; and

(ii) the time necessarily spent travelling to and from home and the usual place of work. In this case a minimum of 20 minutes travelling time each way will apply.

(d) Travelling time includes:

(i) the time an employee has to wait for change of scheduled conveyance between the advertised and actual time of departure;

(ii) time spent in travelling on transfer where transfer expenses are allowed, unless the transfer involves promotion;

(iii) in the case of an employee required to perform emergency duty in accordance with clause 17—Emergency duty, the time that emergency duty is performed and the time necessarily spent travelling to and from emergency duty.

(e) Travelling time does not include:

(i) time of travelling during which an employee is required to perform duty other than care of kit; or

(ii) time of travelling by train between 10.30 pm and 7.00 am where a sleeping berth is provided, or any time of travelling by train (day or night) between capital cities where a sleeping berth is provided.

(f) An employee in a camping party is not entitled to payment of excess travelling time and is required to travel from camp to the place of work within the prescribed hours of work, returning from the place of work to the camp in their own time after ceasing duty, or vice versa as agreed with the employee.

(g) An employee may be required to work at any place within a specified district and to proceed to that place of work instead of the employee’s usual place of work. Any excess travelling time spent by the employee in proceeding direct to and returning from such a place of work will be dealt with as excess travelling time.

(h) Excess travelling time payment

(i) Payment of excess travelling time will not be made for more than five hours in any one day, and will not be made unless the excess time exceeds:

· one half hour in any one day; or

· two and one half hours in any pay period where the employee’s ordinary hours are confined to five days of the week; or

· three hours in any pay period where the employee’s ordinary hours are rostered on six days of the week.

(ii) The rate of payment will be single time on Monday to Saturdays and time and a half on Sundays and public holidays. The rate of payment in relation to clause 11.8(d)(iii) (emergency duty) is double time.

11.9 Accident allowance

(a) An employee will be paid an allowance equivalent to their ordinary time salary during a period of absence necessitated by physical injury sustained:

(i) because of an act or omission of an employee (other than the employee injured) or a person not employed but performing on behalf of the Northern Territory government duties similar to those of the employee injured; or

(ii) as a result of a defect in material or appliances; or

(iii) in protecting government property from loss or damage while on duty; or

(iv) while travelling between their place of residence and their place of work; or

(v) while travelling directly between their place of residence or their place of work and an educational institution at which their attendance is required or expected by the Commissioner; or

(vi) in circumstances in which the actions of the employee are regarded by the Commissioner as so meritorious in the public interest as to warrant special consideration.

(b) Accident allowance will be paid for an absence necessitated by physical injury of up to four months or a longer period determined by the Commissioner.

(c) The amount of accident allowance payable will be increased by an amount reasonably incurred in transport, medical and hospital expenses as a result of the injury.

(d) An employee will be paid an allowance equivalent to half their ordinary time salary during a period of absence of up to three months necessitated by physical injury sustained in circumstances other than those in clause 11.9(a) and not attributable to wilful misconduct, or a longer period determined by the Commissioner.

(e) An employee paid an allowance in accordance with clause 11.9(d) may utilise available accrued personal leave entitlements on full or half pay to supplement the allowance to the level of their normal time salary.

(f) The amount of accident allowance payable in accordance with clause 11.9(d) will be increased by an amount reasonably incurred in transport and first aid expenses as a result of the injury

(g) Accident allowance is not payable where an employee receives benefits in respect of the injury at the same time under the Return to Work Act 1986 (NT) or the Northern Territory Motor Accidents (Compensation) Act 1979 (NT), as amended, but nothing in this clause will reduce the rights of an employee under those Acts.

(h) Where an amount of accident allowance or salary in respect of sick leave paid to an employee is reimbursed to the employer by the party responsible for the injury or their representative, no deduction of accident allowance or sick leave credits will be made from the employee injured.

11.10 Northern Territory allowance

(a) An employee with dependents employed on or after 1 August 1987 will be paid Northern Territory allowance of $960 per annum.

(b) An employee employed on or before 31 July 1987 will be paid Northern Territory allowance, as follows:

(i) an employee with dependents: $2237 per annum;

(ii) an employee without dependents: $1277 per annum;

(iii) an employee living in a locality specified in clause 11.10(c) with dependents: $2440 per annum

(iv) an employee living in a locality specified in clause 11.10(c) without dependents: $1500.

(c) Localities where the rate in clauses 11.10(b)(iii) and (iv) applies are:

(i) a town, place or locality (excluding Jabiru and Nhulunbuy unless specifically provided elsewhere) situated:

· not less than a 150 kilometre radius from the Darwin or Alice Springs General Post Offices;

· not less than a 50 kilometre radius from the Tennant Creek or Katherine Post Offices;

· not less than 25 kilometres from the Stuart Highway; or

· on an island within Australia that is administered by the Northern Territory; or

(ii) a place or locality determined by the Commissioner from time to time.

(d) The amount of Northern Territory allowance payable to an employee under clause 11.10(b) is reduced by the amount of the salary increases payable in the first pay period on or after September 1987 and the first pay period on or after 1 July 1988.

11.11 Leave airfare allowance

(a) Clause 11.11 does not apply to:

(i) Nurses and Midwives – all classifications;

(ii) Medical Officers – all classifications;

(iii) Physical employees whose conditions of employment are governed by Schedule D – Class of work/designation – Physical;

as employees will be eligible to receive reimbursement of fares under By-law 33 or 47.

(b) An employee who was:

(i) employed prior to 1 August 1987; or

(ii) appointed to the Northern Territory Teaching Service prior to 12 April 1990; or

(iii) permanently transferred in accordance with the Public Employment Mobility Act 1989 to the Northern Territory Public Service or the Northern Territory Teaching Service with a date of commencement in public employment preceding 1 August 1987 or 12 April 1990 respectively;

will be paid leave airfare allowance of an amount equivalent to the cost of an economy class return airfare for the employee and the employee’s recognised dependents between the employee’s usual station and Adelaide, or another destination not exceeding the same cost, on completion of each two years’ service.

(c) A dependent in clause 11.11(b) is an employee’s spouse or de facto partner, and children over the age of three years who:

(i) reside permanently with the employee;

(ii) are not in receipt of income, the weekly average of which over the six month period immediately preceding the date of accrual of the allowance and over the six month period immediately preceding the date of allowance utilisation, exceeds the weekly minimum adult wage; and

(iii) are not eligible for fares assistance as a term or condition of service from any other source; and

any other person approved by the Commissioner for the purpose.

(d) The amount of the allowance in respect of children is limited to the cost of an economy class return airfare which would be incurred after discount of any student concession or similar available discount.

(e) The allowance will be paid on the payday following the date of accrual as a taxable lump sum. An employee who elects not to be paid the allowance and who does not utilise the allowance prior to the next accrual date will receive payment of the allowance on the payday prior to the next leave airfare allowance accruing.

(f) An employee may accrue a maximum of three leave airfare allowances and on the date a fourth allowance accrues the first allowance lapses.

(g) The allowance is payable in respect of each person travelling during one period of leave or on one application.

(h) The allowance is not payable in respect of a period of leave without pay except when taken in conjunction with parental leave.

(i) On cessation of employment, an unused accrued leave airfare allowance in respect of the employee or dependent may be provided as a one-way entitlement.

(j) An employee entitled to receive leave airfare allowance in accordance with clause 11.11(b) may instead claim kilometre allowance at clause 11.12 and leave travelling time allowance at clause 11.13. An employee who so elects may at any time revoke the election and request payment of the leave airfare allowance.

(k) An employee employed on or before 31 July 1987 who was compulsorily transferred to the Northern Territory Public Sector will be paid leave airfare allowance of an amount equivalent to the cost of an economy class return airfare for the employee and the employee’s eligible spouse and recognised dependents between:

(i) Darwin, and Brisbane, Sydney, Melbourne, Adelaide, or Perth;

(ii) Alice Springs, and Brisbane (via Mt Isa), Sydney, Melbourne, Adelaide or Perth (direct flight);

(iii) Katherine and Tennant Creek, and Sydney, Melbourne or Adelaide; or

(iv) Nhulunbuy, and Brisbane or Sydney (via Mt Isa or Cairns), Melbourne (via Brisbane or Adelaide), Adelaide or Perth (via Darwin);

on completion of each two years’ service.

(v) leave airfare allowance is payable to a male employee in respect of a spouse provided the spouse is not employed by the Commonwealth Public Service, a Commonwealth Government authority, the Northern Territory Public Sector or a prescribed authority (except if employed in the Northern Territory Public Sector on or after 1 August 1987), and in respect of children under the age of 18 years who reside with the employee.

(vi) An employee employed on or before 31 July 1987 who was compulsorily transferred to the Northern Territory Public Sector and who is not maintaining dependent children, is entitled to leave airfare allowance for themselves only.

(vii) An employee stationed at Katherine, Tennant Creek or Alice Springs who travels to Darwin at the employee’s own expense may be granted leave airfare allowance at a rate calculated from Darwin to Perth in lieu of the normal entitlement to the allowance.

(viii) The maximum allowance payable is the equivalent of the return economy class airfare from the employee’s usual place of employment to the nearest capital city in clause 11.11(k).

(ix) An employee in receipt of leave airfare allowance in accordance with clause 11.11(k) is also entitled to leave travelling time allowance of clause 11.13 in conjunction with the allowance.

(x) spouse in clause 11.11(k) includes a partner of a de facto relationship of at least six months duration.

(xi) a dependent in clause 11.11(k) is a child under the age of 18 years who resides with an employee and who is not entitled to fares assistance from any other source, or a child over the age of 18 years who resides with the employee and is certified by a medical practitioner as permanently incapacitated.

11.12 Kilometre allowance

(a) An employee may utilise leave airfare allowance under the provisions of clause 11.11 as kilometre allowance where the employee chooses to travel by road driving a private vehicle.

(i) An employee who utilises leave airfare allowance in accordance with clause 11.11 and undertakes travel by surface transport (bus, train, private vehicle etc.) will be granted leave travelling time allowance for the forward and return journeys.

(b) The rate of kilometre allowance is at the rate per kilometre determined by the Commissioner for vehicle allowance, and an additional component determined by the Commissioner as passenger allowance rate.

(c) The maximum allowance payable is the lesser of the kilometre and passenger allowances, and the cost of a return airfare to Adelaide for the employee and recognised dependents travelling.

(i) Where travel is undertaken wholly within the Northern Territory, the amount of kilometre allowance payable will equal the economy Adelaide return airfare for the employee and recognised dependents.

(d) If applicable, leave travelling time allowance is available in accordance with clause 11.13.

11.13 Leave travelling time allowance

(a) An employee who chooses to travel by private road vehicle and receive kilometre allowance in lieu of leave airfare allowance is entitled to additional travelling time, the maximum number of days of which will be determined by the Commissioner.

(b) Leave travelling time allowance will be provided only where a period of at least four weeks annual leave is utilised in conjunction with an entitlement to leave airfare allowance, and will not be provided in conjunction with any other leave.

(c) Leave travelling time allowance will be granted once only in a period of 12 months, and is not available on the cessation of duty.

(d) Where travel is undertaken to a destination other than Adelaide, the period of travelling time is calculated as one day for each 800 kilometres, less one day for each of the forward and return journeys, to a maximum determined by the Commissioner.

(e) The number of days travelling time will be added to the end of the period of leave during which the travel is undertaken and will include weekends and accrued days off but exclude public holidays.

11.14 Department of Health Employees – special allowances

(a) Dental Technician

[11.14(a) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee performing the duties of dental technician or senior dental technician who is certified by the Chief Executive Officer as being proficient in crown and bridge and/or maxillo facial work, and who is required to perform such work will be paid an allowance at the rate of $1168.52 per annum.

(b) Senior Dental Technician – Darwin

[11.14(b) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

The senior dental technician responsible for the Darwin Dental Laboratory will be paid an allowance at the rate of $1168.52 per annum.

[11.14(c) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee performing the duties of Radiographer Grade 1, and who is both certified as being proficient to use a C.T. scanner by the Chief Executive Officer, and required to operate the scanner from time to time will be paid an allowance at the rate of $1569.34 per annum.

(d) Orderly – Ambulance duty

[11.14(d)(i) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(i) An Orderly at the Physical 2 level will be paid an allowance at the rate of $10.82 for each day or part thereof on which the orderly is required to drive an ambulance.

[11.14(d)(ii) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(ii) An Orderly at the Physical 2 level will, when on ambulance duty, be paid an additional allowance at the rate of $13.74 per week, if the orderly holds the Provide First Aid [HLTAIDOO3] qualification or equivalent.

[11.14(d)(iii) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(iii) Provided further that where the orderly holds the Provide Advanced First Aid [HLTAIDOO6] qualification or equivalent, the rate of allowance payable will be $16.55 per week.

(e) Orderly/hospital assistant—special functions allowance

(i) An Orderly at the Physical 2 level, Theatre orderly or Hospital assistant – at the Physical 2 level, who, by virtue of on-the-job training and experience, is adjudged by the Chief Executive Officer, to be capable of efficiently performing individual functions in the operating theatre, intensive care unit, E.C.G. or plaster rooms will when called upon to perform such duties, be paid an allowance to raise salary to that prescribed for Physical 3.

(ii) This allowance will not be paid to an employee performing the said functions under training conditions.

(f) Orderly Physical 2

[11.14(f) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee performing the duties of orderly and who is employed by the Department of Health, and who is required to work in patient contact areas of a security mental health unit at a hospital will be paid an allowance of $5.01 for each shift worked in that unit. This allowance will be paid for all purposes of this award.

(g) Post mortem and dirty body allowances

[11.14(g)(i) varied by PR592256; corrected by PR594082; varied by PR606477, PR707594, PR718969, PR729416 , PR740841, PR762260 ppc 01Jul23]

(i) An employee performing the duties of post mortem assistant, orderly, clinical photographer may be paid an allowance of $33.16 per body, in addition to that employee’s normal rate of salary when that employee is required to handle a dead body which has been classified unusually dirty, obnoxious or vermin infested.

(ii) For the purposes of this clause the sole responsibility for determining whether a body is unusually dirty, obnoxious or vermin infested will rest with the Pathologist undertaking the post mortem examination.

(iii) For the purposes of clause 11.14(g) handling a dead body will include:

· assisting with normal mortuary duties;

· preparing a body for burial;

· the conduct of a post mortem;

· x-raying or photographing the body; or

· conducting any tests upon the body.

(iv) Payment of the allowance to any employee will be made once only in respect of each body.

(h) Post mortem allowance

[11.14(h)(i) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(i) An employee other than one performing the duties of post mortem assistant, who is required to assist in the preparation of a corpse for post mortem examination, or in the preparation for burial of a corpse after the performance of a post mortem examination, will be paid an allowance of $12.97 for each post mortem.

[11.14(h)(ii) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(ii) A post mortem assistant who holds Certificate III or Certificate IV in Mortuary Theatre Practice, or equivalent qualification recognised by the Commissioner, will be paid an allowance at the rate of $420.21 per annum.

(i) Confined spaces

An employee required to clean and/or scrape behind stoves will, whilst so employed, be paid an allowance in accordance with clause 11.20(a) – Confined spaces.

(j) Leading hands

An employee holding the position of Physical 2 who is appointed as a leading hand will be paid an allowance in accordance with clause 11.18.

11.15 Allowance for intermittent motor driving duties – juniors

(a) Subject to clause 11.15(b), the following employees are eligible for intermittent motor driving duties allowance in accordance with this clause:

(i) Administrative Officer – AO1 to AO7

(ii) Technical

(iii) Physical

(b) Clause 11.14(i) does not apply to Department of Health employees, and Physical employees engaged to perform the duties of school maintenance officer in the Department of Education.

(c) An employee who is less than 21 years of age and in receipt of a salary less than that applying to Physical 2, who is required to undertake intermittent driving duties as an incident of their employment involving the acceptance of full responsibility for the operation of a vehicle, will be paid an allowance, computed on a daily basis, to raise their salary to the base salary rate applying to Physical 2, for each day or part of a day on which they are so employed

11.16 Allowance for intermittent driving duties – School maintenance officers

A Physical employee performing the duties of school maintenance officer in the Department of Education who is required to undertake driving duty may be paid an allowance to raise his or her salary to the minimum salary payable to the Physical 2.

11.17 Tool allowance

(a) Tool allowances only apply to eligible employees at the Physical Level 4 and above.

(b) Where an Agency does not provide all tools necessary for the performance of an employee’s duties, employees (including apprentices) performing trade work will be paid a weekly allowance.

[11.17(c) varied by PR592410, PR606626, PR704177, PR707810, PR719120, PR729594, PR740998, PR762426 ppc 01Jul23]

(c) An employee will replace or repay the cost of any tools provided by the
Agency if lost through the employee’s negligence.

Description	Weekly allowance
	$
Tool allowance – Metal trades	17.41
Tool allowance – Carpenter	31.69
Tool allowance – other trade	16.44

11.18 Leading hands

[11.18(a) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(a) Subject to clause 11.18(b), an employee appointed as a leading hand will be paid the following rates:

In charge of	Weekly allowance
	$
not less than two and not more than 10 employees	43.92
more than 10 and not more than 20 employees	65.66
more than 20 employees	83.36

[11.18(b) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(b) A Department of Health employee as described in clause 11.14(j) will be eligible for leading hand allowance, except that the maximum allowance payable will be $65.66 per week where the employee is in charge of more than 10 employees.

(c) For the purposes of clause 18.7, salary will be calculated by including the rate prescribed in clause 11.18 (leading hands) for the occupation in which the employee was ordinarily employed immediately prior to the commencement of annual leave or the termination of employment as the case may be.

11.19 Cleaning allowances

(a) Clause 11.19 applies to:

(i) Department of Health employees; and

(ii) Physicals employed to perform the duties of school maintenance officer in the Department of Education.

(b) High cleaning

[11.19(b) varied by PR592256, PR606477, PR707594, PR718969, PR740841, PR762260 ppc 01Jul23]

An employee who cleans at a height of nine metres above the nearest horizontal plane, will whilst so employed be paid $0.40 per hour and for each additional nine metres or part thereof an additional $0.40 per hour.

[11.19(c) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee required to clean grease traps will be paid an allowance of $0.61 per hour or part thereof whilst so employed.

11.20 Physical Employees – special allowances

The following allowances apply to Physical employees whose conditions of employment are governed by Schedule D – Class of work/designation – Physical, unless otherwise stated.

(a) Confined spaces

[11.20(a) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee working in a confined space the dimensions of which necessitate working in a stooped or otherwise cramped position will whilst so employed be paid $1.00 per hour extra.

(b) Dirty work

[11.20(b) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee who is employed on work which the Chief Executive Officer agrees is of an unusually dirty or offensive nature shall be paid $0.77 per hour extra.

[11.20(c) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee working in any place where his/her clothing or boots become wet, whether by water, oil or otherwise, will be paid $0.77 per hour extra.

(i) Provided that this extra rate will not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

(ii) Provided further that any employee who becomes entitled to this extra rate will be paid that extra rate for such part of the day or shift as the employee is required to work in wet clothing or boots.

(d) Height money

[11.20(d) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

Employees working at a height of nine metres above the nearest horizontal plane will be paid $0.55 per hour. For each additional nine metres or part thereof an additional $0.55 per hour extra.

(e) Insulation work

[11.20(e) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee handling loose slagwool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise or working in a dust-laden atmosphere caused by the use of such materials or when working on insulating work in an average temperature of 7 degrees Celsius or under, shall, when so employed on the construction or demolition of furnaces, walls, floors and/or ceilings, be paid $1.04 per hour extra.

(f) Toxic substances

[11.20(f) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

An employee will be paid an allowance for handling toxic substances of $9.69 per week.

(g) Drivers/operators allowance

Employees performing the duties of an Operator/Driver will be paid the allowances listed below:

[11.20(g)(i) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(i) Employees carting and/or handling dirty material will be paid $0.51 per hour.

[11.20(g)(ii) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(ii) Employees carting and/or handling offensive material will be paid $2.93 per hour.

[11.20(g)(iii) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(iii) Drivers who are required by the Agency to load furniture onto or unload furniture from their vehicle during any day shall be paid $1.89 per day.

[11.20(g)(iv) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(iv) Employees who are required to drive a vehicle carting garbage will be paid $20.66 per week, provided that an employee paid in accordance with this provision will not be eligible for payment in accordance with clause 11.20(g)(i).

(h) Tradesperson’s rate

The rates of pay for tradespersons include all claims for special rates for engaging on repairs when travelling, rigging tackle for all erection and repair of electrical machines or apparatus, maintenance of storage and batteries and allowances for grinding tools except when the services of a tradesperson are terminated in which circumstances the tradesperson shall be allowed one and a half hours at his/her ordinary rate of pay for the purpose of gathering and grinding his or her tools.

(i) First aid allowance – Physical

[11.20(i) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

A qualified first aid person with Provide First Aid [HLTAID003] or equivalent as a minimum qualification will be paid an amount of $3.63 per day (for five days per week). This payment will be regarded as wages for all purposes of this award but the first aid person will not be entitled to any payment or time allowance for aid rendered outside ordinary working hours unless the employee is actually on duty at the time or has been granted permission to accompany a patient to receive treatment.

(j) Accommodation – camping

(i) An employee who, in accordance with his or her duty, is required to camp out will be paid an allowance pursuant to By-law 31 at the rates and in accordance with the provisions of that By-law.

[11.20(j)(ii) varied by PR592410, PR606626, PR704177, PR707810, PR719120, PR729594, PR740998, PR762426 ppc 01Jul23]

(ii) Where an employee is not supplied with camping equipment the employee will be paid a minimum allowance of $10.65 per day in addition to rates prescribed in clause 11.20(j)(i).

11.21 Government House allowance

[11.21 varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

A Physical employee, excluding Physicals governed by Schedule D – Class of work/designation – Physical, employed at Government House will be paid an allowance of $3773.85 per annum. This allowance will be paid for all purposes of the award.

11.22 Cleaners—Toilet cleaning duty

[11.22 varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

Physical employees employed as cleaners, excluding employees in the Department of Health or governed by Schedule D—Class of work/designation—Physical, and who are cleaning lavatories in institutions for minors for the major portion of a day or shift will be paid an allowance of $1.63 per day or shift.

11.23 Motor (not being a tractor) drawing trailer

Physical employees employed as Drivers, excluding employees in the Department of Health or governed by Schedule D—Class of work/designation—Physical, will be paid the following allowances for driving a vehicle (not being a tractor) drawing a trailer:

[11.23(a) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(a) for loaded single axle trailer $3.72 per day;

[11.23(b) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(b) for an empty single axle trailer $2.10 per day;

[11.23(c) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(c) for any other loaded trailer $4.67 per day;

[11.23(d) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(d) for any other empty trailer $2.60 per day;

provided that not more than one trailer will be drawn at any one time.

11.24 Allowances payable on annual leave or in lieu thereof

(a) For the purposes of clauses 18.7(a) and 18.8, salary will be calculated by including the following allowances where applicable, and subject to the approval of the Commissioner, any other rate to which the employee is entitled for ordinary hours of work:

Allowance	Clause
First aid allowance	11.5
First aid allowance – Physical	11.20(i)
Teacher in a special school (full-time duties)	I.5.2(a)
Teacher in a special school (other than full-time duties)	I.5.2(b)
Teacher of special class	I.5.2(c)
Teacher in charge – one teacher school with primary classes	I.5.1
Principal of area school	I.5.2(d)
Teacher in charge in a pre-school with two or more teachers	I.5.2(e)
Teacher in charge in a pre-school with one teacher	I.5.2(f)
Dental Technician	11.14(a)
Senior Dental Technician – Darwin	11.14(b)
Post Mortem Assistant	11.14(h)(ii)
Leading Hand	11.18
Government House allowance	11.21
Northern Territory Allowance	11.10
Northern Territory Allowance (Teachers and Educators)	I.10

12. Superannuation

12.1 Superannuation legislation

(a) 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), deals with the superannuation rights and obligations of employers and employees. The rights and obligations in clause 12—Superannuation supplement those in superannuation legislation.

(b) Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, clause 12.4 – Default fund term below applies.

12.2 Employer contributions

The employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

12.3 Voluntary employee contributions

(a) 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 clause 12.2 – Employer contributions.

(b) 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.

(c) The employer must pay the amount authorised under clauses 12.3(a) and 12.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 12.3(a) and 12.3(b) was made.

12.4 Default fund term

Unless to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 12.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 12.2 and pay the amount authorised under clauses 12.3(a) or 12.3(b) to one of the following superannuation funds or its successor:

(a) AustralianSuper;

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is eligible choice fund and is a fund that offers a MySuper product;

(c) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Penalties and Overtime

13. Weekend and public holiday duty

13.1 Clause 13 does not apply to:

(i) Assistant Teacher, Classroom Teacher, Senior Teacher.

(ii) Fire and Rescue Service – all classifications. See Schedule H – Fire and Rescue Service employees for applicable provisions.

(iii) Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

13.2 Saturday duty

(a) Subject to clause 13.2(a)(i), an employee, other than a shiftworker, who is rostered to perform ordinary duty on a Saturday will be paid at the rate of 140% of the employee’s ordinary rate of pay.

(i) For the purposes of 13.2(a), the Saturday duty payable to an employee employed in the Department of Health or a Physical employee engaged in the provision of residential out-of-home care services in the Department of Children and Families will be 150% of the employee’s ordinary rate of pay.

(b) The period for which the additional payment for Saturday duty is paid will be calculated to the nearest quarter of an hour of the total claimed in a fortnightly period.

(c) The additional payment for Saturday duty will be made in respect of any duty an employee would have performed had the employee not been on approved annual leave.

13.3 Sunday duty

(a) An employee, other than a shiftworker, who performs duty between midnight on Saturday and midnight on Sunday not in excess of the ordinary weekly hours will be paid at the rate of 100% in addition to the ordinary rate of pay.

(b) Additional payment for Sunday duty not in excess of ordinary weekly hours will be made for duty an employee would have performed had the employee not been on approved annual leave.

13.4 Public holiday duty

(a) Public holiday means a holiday as prescribed in clause 22 – Public holidays.

(b) An employee, other than a shiftworker, who is required, whether rostered or not, to perform duty on a holiday not in excess of the ordinary weekly hours will be paid at the rate of 150% in addition to the ordinary rate of pay for the actual time worked on the holiday.

(c) Unless authorised by the Commissioner, an employee above the salary barrier is not eligible to receive payment for duty other than rostered duty or for overtime worked on a public holiday.

(d) The minimum extra payment payable under clause 13.4(b) for each separate attendance will be four hours in the case of employees who are not in any restriction situation specified in clause 16 – Restriction duty. (See clause 16 – Restriction duty for applicable minimum payments in a restriction situation.)

(e) For the purposes of clauses 13.4(b) and13.4(d):

(i) duty broken by a meal period will not constitute more than one attendance; and

(ii) the minimum extra payment will not apply to holiday ordinary duty which, disregarding meal periods, is continuous with ordinary duty occurring on the day preceding or succeeding the holiday.

13.5 Agency specific—Christmas falling in a Saturday or Sunday

(a) Clause 13.5 applies to Department of Health employees and Physical employees engaged in the provision of residential out-of-home care services in the Department of Children and Families. Includes day workers and shiftworkers.

(b) For the purposes of this clause and in relation to shiftworkers, the applicable Sunday duty and public holiday duty penalty rates for shiftworkers are to be read as those contained in clauses 14.6(d) (Sunday duty) and clause 14.6(e) (public holiday duty).

(c) Except as provided in clauses 13.5(d) and 13.5(e) an employee will be paid in accordance with the public holiday provisions of clauses 13.3 (Sunday duty) and 13.4 (Public holiday duty) for duty performed on 25 December.

(d) 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

For duty on 25 December:

(i) Except as provided in clause 13.5(d)(ii) - in accordance with the public holiday provisions of clause 13.4;

(ii) if rostered for duty on 27 December but not rostered for duty on 25 December but performing duty on that day - in accordance with the Sunday duty provisions of clause13.3.

For duty on 27 December:

(iii) Except as provided in clause 13.5(d)(iv) - in accordance with the Sunday duty provisions in clause 13.3.

(iv) if rostered for duty on 27 December but not rostered for duty on 25 December but performing duty on that day - in accordance with the public holiday provisions of clause 13.4.

(e) 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:

For duty on 25 December:

(i) Except as provided in 13.5(e)(ii), in accordance with the public holiday provisions in clause 13.4.

(ii) if rostered for duty on the substituted day but not rostered for duty on 25 December but performing duty on that day - in accordance with clause 13.2(a)(i)—Saturday duty.

For duty on the substituted day:

(iii) Except as provided in clause 13.5(e)(iv), in accordance with clause 13.2(a)(i)—Saturday duty;

(iv) if rostered for duty on the substituted day but not rostered for duty on 25 December but performing duty on that day - in accordance with the public holiday provisions of clause 13.4.

14. Penalty rates – shiftworkers

14.1 Definition

Shiftworker is defined in Schedule A– Definitions of this award.

14.2 Clause 14 does not apply to:

(a) Assistant Teacher, Classroom Teacher, Senior Teacher

(b) Port Service Worker

(c) Port Administrative Officer and Senior Port Administrative Officer

(d) Nurses and Midwives – all classifications. See Schedule F – Nurses and Midwives for applicable provisions.

(e) Fire and Rescue Service – all classifications. See Schedule H – Fire and Rescue Service Employees for applicable provisions.

(f) Power and Water – all classifications – See Schedule M for applicable provisions.

14.3 Shiftwork payments will not be taken into account in the calculation of overtime or of any allowance based on salary, nor will they be paid in respect of any shift for which another form of penalty payment is made under this award.

14.4 Shiftwork payments will be made in respect of any shift duty the employee would have performed had the employee not been on approved annual leave.

14.5 The period for which shiftwork payments will be made will be calculated to the nearest quarter of an hour of the total amount worked in a fortnightly period.

14.6 In addition to the employee’s ordinary salary for the shift, a shiftworker will be paid shiftwork payments as follows:

(a) ordinary duty performed on a shift, any part of which falls between 5.30 pm and 6.00 am – 15%

(b) ordinary hours worked continuously for a period exceeding four weeks on a shift falling wholly within the hours of 6.00 pm and 8.00 am – 30%

(c) ordinary duty performed on Saturday – 50%

(d) ordinary duty performed on a Sunday – 100%

(e) ordinary duty performed on a public holiday – 150%

(f) The minimum additional payment payable for ordinary duty performed on a public holiday for each separate attendance is four hours.

(g) The provisions of clause 14.6(c) (Saturday duty) apply only to an employee who performs duty on:

(i) alternating or rotating shifts involving the performance of rostered duty:

· commencing before 6.30 am, or terminating after 6.30 pm or at or before 8.00 am Monday to Friday; or

· terminating at or before 8.00 am or after 1.00 pm on Saturday; or

(ii) a constant shift involving the regular performance of ordinary duty after 1.00 pm on Saturday; or

(iii) a shift which, but for its being worked continuously, would fall within the terms of clause 14.6(g)(i).

15. Overtime

15.1 Overtime to be reasonable

An employee may be called for duty at any time required subject to the hours being considered to be reasonable in accordance with section 62 of the Act. In accordance with section 62 of the Act, an employee may refuse to work additional hours if they are unreasonable.

15.2 General provisions

(a) Unless authorised by the Commissioner, an employee in a classification above the salary barrier is not eligible to receive overtime payment or time off in lieu of overtime payment.

(b) Overtime is to be worked by prior direction or, if circumstances do not permit prior direction, subsequently approved in writing.

(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 will be disregarded.

(d) An employee’s salary for the purpose of calculation of overtime will include higher duties and other allowances in the nature of salary. Shift penalty payments will not be taken into account in the computation of overtime.

(e) Overtime is calculated to the nearest quarter of an hour to the total amount of overtime worked in a fortnightly period.

(f) Overtime rates are expressed as a percentage of the applicable ordinary hourly rate (e.g. 150%, 200%, 250% etc.).

(g) The weekly divisor for the purposes of calculating hourly overtime will be 38, with the exception of overtime worked on Sunday and outside ordinary hours on public holidays by employees whose weekly hours are 36.75 in accordance with clause 8.2(b)(i), the divisor will be 36.75 hours.

(h) With the exception of clause 15.1—Overtime to be reasonable, clause 15—Overtime does not apply to employees of the Fire and Rescue Service and employees engaged in classifications contained in Schedule M—Power and Water. See Schedule H—Fire and Rescue Service employees or Schedule M—Power and Water for the applicable overtime provisions.

(i) Payments under clause 15.4 – Overtime rates employees other than shiftworkers, are not applicable to Assistant Teachers, Classroom Teachers and Senior Teachers.

15.3 Definition of overtime – employees other than shiftworkers

(a) Full-time employee

Work will be considered overtime for a full-time employee where the employee is directed to perform work:

(i) outside the span of ordinary hours applicable to the employee (see clause 8.2(c) – Span of hours);

(ii) during the span of ordinary hours applicable to the employee but beyond the length of time the employee is normally required to work on the day concerned; or

(iii) on a Saturday (only where span of ordinary hours is Monday to Friday inclusive), Sunday or a public holiday; or

(iv) in excess of the ordinary hours in a week, or an average of the applicable weekly hours of ordinary duty over a roster cycle.

(b) Part-time employee

Work will be considered overtime for a part-time day worker where the employee is directed to perform work:

(i) which is not continuous with the employee’s ordinary hours of work as prescribed in clause 6.3(a);

(ii) on any day which is continuous with the employee’s ordinary hours of work as prescribed in clause 6.3(a), and in whole or in part, falls outside the span of ordinary hours applicable to an equivalent full-time employee, and where the employee also completes the ordinary hours of duty on that day; or

(iii) on any day which is continuous with the employee’s ordinary hours of work as prescribed in clause 6.3(a), and falls wholly within the span of ordinary hours applicable to an equivalent full-time employee and exceeds, in any one week, the employee’s prescribed weekly ordinary hours of work as prescribed in clause 6.3(a).

Work will be considered overtime for a casual employee where the employee is directed to perform work:

(i) outside the span of ordinary hours for the equivalent full-time employee;

(ii) on a Saturday (only where span of ordinary hours is Monday to Friday inclusive), Sunday or a public holiday; or

(iii) in excess of the ordinary hours for the equivalent full-time employee in a week.

The casual loading set out in clause 6.4(b) is not paid for overtime.

15.4 Overtime rates – day workers

(a) Where an employee in the following classifications (and designation where applicable) works overtime the employer must pay to the employee the overtime rates as follows:

(i) Nurses and Midwives – all classifications

(ii) Professional employed as an Engineer

For overtime worked on	Overtime rate
Monday to Saturday – first 3 hours	150%
Monday to Saturday – after 3 hours	200%
Sunday – all day	200%
Public holiday– all day	250%

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

For overtime worked on	Overtime rate
Monday to Friday	150%
Saturday and Sunday – all day	200%
Public holiday– all day	250%

(c) Where an employee whose employment conditions are governed by Schedule D – Class of work/designation – Physical works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime rate
Monday to Friday – first 2 hours	150%
Monday to Saturday – after 2 hours	200%
Sunday – all day	200%
Public holiday– all day	250%

(d) Where an employee of the Department of Health or Physicals employed to perform the duties of school maintenance officer in the Department of Education or Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime rate
Monday to Saturday – first 2 hours	150%
Monday to Saturday – after 2 hours	200%
Sunday – all day	200%
Public holiday– all day	250%

(e) Refer clause Schedule J- Port Services for overtime rates applicable to Port Service Workers and Port Administrative Officers.

(f) All other employees not otherwise provided for in clause 15.4, where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime rate
Monday to Friday	150%
Saturday – first 3 hours	150%
Saturday – after 3 hours	200%
Sunday – all day	200%
Public holiday– all day	250%

15.5 Definition of overtime –shiftworkers

(a) Shiftworkers will be subject to the overtime conditions contained in clauses 15.1 – Overtime to be reasonable and 15.2 – General provisions.

(b) Shiftworkers

Duty for shiftworkers will be considered overtime where:

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

(ii) it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.

Work will be considered overtime for a part-time shiftworker where it is performed:

(i) on any day beyond the normal rostered hours of duty on that day; and

(ii) it is performed in excess of the employee’s ordinary weekly hours of work as prescribed in clause 6.3(a).

(d) Casual shiftworkers

Work will be considered overtime for a casual shiftworker where it is performed:

(i) on any day beyond the normal rostered hours of duty for an equivalent full-time employee 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.

The casual loading set out in clause 6.4(b) is not paid for overtime.

15.6 Overtime rates – shiftworkers

(a) Where a shiftworker in the following classifications (and designation where applicable) works overtime the employer must pay to the employee the overtime rates in accordance with clause 15.4(a) (overtime rates applicable to day workers):

(i) Nurses and Midwives – all classifications;

(ii) Professional employed as an Engineer.

(b) Where a Medical Officer, who is a shiftworker, works overtime the employer must pay to the employee the overtime rates contained in clause 15.4(b) (overtime rates applicable to day workers).

(c) Overtime rates in clause 15.6(c)(v) apply to shiftworkers in the following classifications and/or Agencies:

(i) Department of Health employees

(ii) Physicals employed to perform the duties of school maintenance officer in the Department of Education

(iii) Physicals whose conditions of employment are governed by Schedule D – Class of work/designation

(iv) Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families

(v) For work done by a shiftworker in excess of the ordinary hours of duty, the overtime rate will be 200%.

· Provided that this will not apply to arrangements between the employees themselves, or in cases due to the rotation of shift, or when the relief does not come on duty at the proper time.

· For all time of duty after the employee has finished his or her ordinary shift, such unrelieved employee will be paid 150% for the first eight hours and 200% thereafter.

(vi) For Department of Health employees and Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families the following applies for the purposes of clause15.6(c)(v):

· Extra payment for Sunday and public holiday duty will be granted for the actual time worked on the Sunday or holiday. Provided that:

· where a shift falls partly on a Sunday or public holiday, the whole shift will be regarded as the Sunday or public holiday shift, if the major proportion (i.e. 50% or more) falls on the Sunday or holiday;

· where two shifts fall on the one Sunday or public holiday, only one shift will be regarded as the Sunday or Holiday shift; and

· where overtime commences on a Sunday or public holiday the appropriate rate will continue until the completion of the overtime.

(d) All other shiftworkers not otherwise provided for in clause 15.6, where an employee works overtime the employer must pay to the employee the overtime rates contained in clause 15.4(f) (overtime rates for day workers).

15.7 Special provisions – Sundays

An employee who is required to perform a full day’s duty on Sunday in addition to the employee’s ordinary hours of duty for the week will be granted, wherever practicable, one 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 at ordinary rates, in lieu of provisions of clauses 15.4 (day worker) and 15.6 (shiftworkers).

15.8 Time off in lieu of overtime

(a) Time off may be granted in lieu of overtime on an ‘hour for hour’ basis with the agreement of the employee at the ordinary time rate.

(b) Where time off in lieu of a payment has been agreed and the employee has not been granted that time off within a period of eight months, payment at the overtime rate according to the employee’s salary at the time of payment will be made.

(i) An employee who is to receive payment in accordance with clause 15.8(b) and is promoted beyond the salary barrier for payment of overtime, will be paid at the salary rate applicable to the employee immediately prior to the employee’s promotion.

(c) The maximum amount of time off in lieu that can be accrued is 40 hours, although no upper limit applies to seasonal workers.

15.9 Minimum payment

(a) The minimum payment for each separate overtime attendance, which is not continuous with ordinary duty, will be four hours at the prescribed overtime rate.

(b) 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.

(c) Where overtime attendance, not continuous with ordinary duty, involves duty both before and after midnight, the minimum payment provisions 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.

(d) An employee who performs overtime while in a restriction situation under clause 16 – Restriction duty, will be entitled to a minimum overtime payment in accordance with that clause.

15.10 Rest relief after overtime

(a) Clause 15.10 does not apply to Medical Officers.

(b) Agency specific – Rest relief after overtime

The following provisions apply to employees whose conditions of employment are governed by Schedule D—Class of work/designation – Physical, Department of Health employees and Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families:

(i) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

(ii) An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day, who has not had at least 10 consecutive hours off duty between those times, will, subject to this clause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the time off duty.

(iii) Provided that if, on the instruction of the employer, such employee resumes or continues work without having had 10 consecutive hours off duty, the employee will be paid at double rate until released from duty for that period and will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.

(iv) The provisions of clause 15.10(b) will apply in the case of shiftworkers who rotate from one shift to another as if eight hours were substituted for 10 hours when overtime is worked:

· for the purpose of changing shift rosters; or

· where a shiftworker does not report for duty.

(v) Overtime worked which is subject to the minimum overtime payment provisions of clause 15.9 will not be regarded as overtime for the purpose of this clause where the actual time worked is less than three hours on the recall or on each of the recalls.

(vi) Clause 15.10(b) will not apply where a shift is worked by arrangement between the employees themselves.

(vii) For the purposes of clause 15.10(b) overtime will be calculated to the nearest 15 minutes of the total amount of overtime to be claimed in each fortnight period.

Subject to clause 15.10(b) or a schedule to this award which may provide otherwise, an employee who works so much overtime between the termination of his/her ordinary duty on one day and the commencement of his/her ordinary duty on the next day that he/she has not had at least eight consecutive hours off duty between those times, will, subject to this clause, be released after completion of such overtime until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Reasonable travelling time, in addition to the eight hours off duty, will be allowed to cover time taken in travelling from and to his/her place of employment.

(i) Provided that is such an employee is required to resume or continue work without having had eight consecutive hours off duty plus reasonable travelling time, he/she will be paid a double rate until he/she is released from duty for such period and he/she will then be entitled to be absent until he/she has had eight consecutive hours off duty plus reasonable travelling time, without loss of pay for ordinary working time occurring during that absence.

(ii) The provisions of clause 15.10(c)(i) will not apply to overtime worked in the circumstances covered by clause 17 – Emergency duty, unless the actual time worked (excluding travelling time) is at least three hours on each call.

(iii) The provisions of clause 15.10(c) will apply only to employees who are eligible for overtime under clause 15 – Overtime.

(iv) Provided that in lieu of clause 17.6 (Emergency duty), the provisions of clause 15.10(c) will apply.

16. Restriction duty

[Varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260]

16.1 Clause 16 does not apply to:

(a) Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

(b) Medical Officers – all classifications. See Schedule G – Medical Officers for the applicable provisions.

(c) Teachers and Educators – all classifications.

(d) Fire and Rescue Service – all classifications. See Schedule H – Fire and Rescue Service Employees for applicable provisions.

(e) Port Service Workers, Port Administrative Officer and Senior Port Administrative Officer. See Schedule J – Port Services for applicable provisions.

16.2 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.

16.3 Payment will be made subject to the following conditions:

(a) unless otherwise approved by the Commissioner, an employee in a classification the minimum salary which exceeds the salary barrier is not eligible to receive payment;

(b) the restriction situation is imposed by prior written direction, or is subsequently approved in writing;

(c) the provisions of clause 17—Emergency duty will not apply where an employee is recalled to duty while restricted;

(d) an employee who does not maintain a required degree of readiness while restricted will not be eligible to receive payment.

16.4 Payment rates

(a) An employee who is required to remain contactable and available to perform extra duty outside of the employee’s ordinary hours of duty will, subject to clause 16.3, be paid an allowance in addition to salary at a rate for the type of restriction as follows:

(i) On-call

[16.4(a)(i) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

Subject to a schedule which may provide otherwise, an employee who is instructed prior to ceasing ordinary duty to be on restriction duty will be paid an on-call allowance of $1.18 per hour or part thereof, for the period of restriction or a higher rate determined by the Commissioner.

(ii) Stand by

An employee who is instructed prior to ceasing ordinary duty to be on restriction duty and to remain at the employee’s home and available for immediate recall to duty: 50% of the employee’s ordinary rate of salary for the proportion of the period of restriction calculated in accordance with clause 16.4(b).

(iii) Home duty

An employee who is required to stand by at home to perform intermittent duties at home normally involving receiving and/or making telephone calls, and who may be required to perform restriction duty: 75% of the employee’s ordinary rate of salary, or not less than 50% or more than 100% of ordinary salary as approved by the Commissioner, for the proportion of the period of standing by calculated in accordance with 16.4(b), provided that the rate on Sundays is single ordinary rate of salary and the rate on public holidays is 125% of ordinary rate of salary.

(iv) Passive duty

An employee who is instructed to remain at work outside the employee’s ordinary hours of duty until released or required to perform duty, and is not provided with accommodation and amenities for sleeping or other personal activities during overnight attendance: single ordinary rate of salary for the period. The rate on Sundays is 133% of the employee’s ordinary rate of salary and the rate on public holidays is 166% of ordinary rate of salary for the period.

(v) Duty employee

An employee who is required to remain at work overnight and/or over a non-working day and may be required to perform certain tasks periodically or on an ad hoc basis, and who is provided with accommodation and amenities for sleeping or other personal activities during overnight attendance: where overtime is paid - at the rate provided for in clause 16.4(a)(iv) (Passive duty) for the proportion of the period calculated in accordance with clause 16.4(b); and where overtime is not paid - 125% of the employee’s ordinary rate of salary, or a proportion of not less than 100% or more than 150% of ordinary salary as approved by the Commissioner, for the proportion of the period of standing by calculated in accordance with clause 16.4(b). The rate on Sundays is 166% of the employee’s single ordinary rate of salary and the rate on public holidays is 200% of ordinary rate of salary for the period.

(b) Payment for the rates in clauses 16.4(a)(ii) (Stand by), 16.4(a)(iii) (Home duty), and 16.4(a)(v) (Duty employee):

(i) 75% of that part of the period of restriction that 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) 25% of any period of restriction occurring in any 24 hour period outside the 14 hours referred to in clause 16.4(b)(i).

(c) The restricted duty allowance is payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of duty.

(d) Any part of a period of restriction for which the employee receives another payment will not be included for calculating restricted duty allowance.

(e) An employee who is restricted and who is required to perform duty, but is not required to be recalled to a place of work, will be paid overtime, subject to a one hour minimum payment.

(f) An employee who is restricted and who is recalled to duty at a place of work, will be paid in accordance with the relevant overtime provisions, subject to a three hour minimum payment.

(g) Notwithstanding these payment rate provisions, an employee who is placed in a restriction situation outside of the employee’s ordinary hours of duty may be paid at an alternative rate approved by the Commissioner, having regard to the circumstances of the restriction situation.

16.5 Salary rate

(a) An employee’s salary for the purposes of calculation of the restriction duty allowance will include higher duties allowance and any other allowances in the nature of salary.

(b) Where approval has been made for payment under clause 16 – Restriction duty to an employee in a classification the minimum salary of which exceeds the salary barrier, the annual salary component of the formula at clause 16.5(c) will be the maximum annual salary payable to an Administrative Officer 6.

(c) The hourly rate of payment will be calculated as follows:

Annual salary	X	6	X	% of salary prescribed in clause 16.4
313		Prescribed weekly hours before overtime is payable

16.6 Child Protection Practitioners and Senior Child Protection Practitioners – Specific provisions

(a) Subject to clause 16.6(b), an employee employed in the designation Child Protection Practitioner or Senior Child Protection Practitioner will be liable to be required, outside his/her ordinary hours of duty, to hold himself/herself in readiness to perform extra duty subject to payment for any such extra requirement under the conditions of clause 16.6 and in accordance with the procedures for child protection after-hours service.

(b) No payment will be made to an employee under clause 16.6(a) for a period of restriction in respect of any part of which the employee does not hold himself/herself at the required degree of readiness to perform extra duty or does not observe the instructions of his/her supervisor as to restrictions outside the employees ordinary hours of duty.

(c) A Child Protection Practitioner or Senior Child Protection Practitioner may be instructed prior to ceasing duty that he/she is required to be contactable and available to return to duty without delay or within a reasonable time of being recalled and that he/she may be required to perform intermittent duties, on an ad hoc or predetermine basis, normally involving receiving and/or making telephone calls.

[16.6(d) varied by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

(d) Notwithstanding the provisions of clause 16 – Restriction duty, the rate of payment for an employee who is restricted in accordance with clause 16.6 will be $3.23 per hour or part thereof, for the period of restriction.

(i) The payment in clause 16.6(d) is for all telephone calls and returns to duty providing that where the total time involved in both telephone calls and/or returns to duty accumulates to exceed one hour in any period of restriction duty then normal overtime (including minimum payment provisions, subject to the restrictions of clause 16.6(d)(ii)) will be paid for that time in excess of one hour.

(ii) Where minimum payments for overtime fall due, in accordance with clause 16.6(d)(i), it is to be recognised that the payment referred to in clause 16.6(d) includes payment for up to the first hour of overtime and therefore any amount due as a minimum payment is accordingly reduced by one hour.

17. Emergency duty

17.1 Clause 17 does not apply to:

(a) Power and Water – all classifications

(b) Assistant Teacher, Classroom Teacher and Senior Teacher

(c) Port Service Worker

(d) Port Administrative Officer and Senior Port Administrative Officer

17.2 The provisions of this clause do not apply:

(a) to an employee, including a shiftworker, whose commencement time of regular duty is altered to meet an emergency;

(b) where an employee engaged in the Fire and Rescue Service is unable through illness or any unforeseen circumstances to attend for duty and any employee who is rostered off duty on that day is required by the Chief Executive Officer to perform duty on that day in place of the absent member. In such cases the employee will be entitled to overtime in accordance with clauses H.7 – Overtime -General Provisions.

17.3 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.

17.4 The time for which payment is made will include time necessarily spent in travelling to and from duty.

17.5 Minimum payment – emergency duty

(a) The minimum payment for emergency duty is two hours at double time and is payable in relation to each separate attendance.

(b) Where an attendance for emergency duty extends over from one day to another day the minimum payment is to be in relation to only one attendance.

17.6 Subject to any rest period provisions applicable to a class of employees in this award, an employee who is called on emergency duty may, where it is essential for health and safety, be relieved from the employee’s next scheduled regular duty without deduction from wages, for a period not exceeding the number of hours of the emergency duty worked. The period of relief from duty will not extend into a second period of regular duty.

Part 6—Leave, Public Holidays and other entitlements

18. Annual leave

18.1 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 entitlement.

18.2 Where an employee is normally stationed in the Northern Territory or under any condition the Commissioner so determines, the employee is entitled to an additional two weeks paid leave per year. This will not affect and will be in addition to the entitlement provided in the NES.

(a) Clause 18.2 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

18.3 Additional leave for certain shiftworkers

(a) An additional week of leave (seven consecutive days including non-working days) for shiftworkers, as defined in clause 18.3(b).

(b) For the purpose of the section 87(1)(b) of the Act and clause 18.3(a), a shiftworker is an employee:

(i) rostered to work ordinary shifts on any of the seven days of the week; and

(ii) is regularly rostered to perform work on Sundays and public holidays.

(c) A shiftworker rostered to perform duty on less than 10 Sundays during a year is entitled to additional paid annual leave at the rate of half a day for each Sunday rostered.

(d) A rostered overtime shift of three hours or more which commences or ceases on a Sunday will count in the calculation of entitlements in clauses 18.3(a) and 18.3(c). To avoid doubt, an employee who works overtime before or after a scheduled ordinary shift and/or performed during a period of clause 16—Restriction duty or clause 17—Emergency duty (or equivalent provisions in an applicable schedule to this award) would not have the time counted towards his/her 10 Sundays.

(e) Clauses 18.3(c) and 18.3(d) do not apply to Fire and Rescue Service employees, see clauses 18.4(g) and 18.4(h).

18.4 Agency Specific—Fire and Rescue Service employees

(a) For employees working on the 10/14 roster set out in Schedule H – Fire and Rescue Service employees, who are entitled to six weeks annual leave per year under clauses 18.1 and 18.2, an employee’s annual leave credit will be recorded as 264 hours.

(b) For employees working on the 10/14 roster set out in Schedule H – Fire and Rescue Service employees, who are entitled to seven weeks annual leave per year under clauses 18.1 to 18.3, an employee’s annual leave credit will be recorded as 312 hours.

(c) Annual leave taken by an employee whilst working shiftwork in accordance with the 10/14 roster will be deducted from accrued annual leave entitlements (credits) at the rate of one hour for each hour of rostered duty that the employee is absent on annual leave.

(d) An employee to whom clauses 18.4(a) to18.4(c) applies will be entitled to the payment of rostered overtime in accordance with clause H.7.4 whilst on annual leave.

(e) Where an employee transfers, either temporarily or permanently, from working shiftwork in accordance with the 10/14 shift to working day work only, the employee’s leave credit will be adjusted according to the following formula:

A	=	240	X	C
		264

(i) Where:

· A is the employee’s new credit after transfer to day work, and

· C is the credit due to the employee immediately before transfer to day work.

(f) Where an employee transfers, either temporarily or permanently, from working day work only to working shiftwork in accordance with 10/14 roster, the employee’s leave credit will be adjusted according to the following formula:

A	=	264	X	C
		240

(i) Where:

· A is the employee’s new credit after transfer to shiftwork in accordance with the 10/14 shift; and

· C is the credit due to the employee immediately before transfer to shiftwork in accordance with 10/14 shift.

(g) An employee rostered to perform duty on less than 10 Sundays during the year is entitled to additional paid annual leave under clause 18.3 at the rate of four hours for each Sunday rostered.

(h) In calculating leave entitlements in accordance with clause 18.4(g), the following conditions will apply to Fire and Rescue Service employees:

(i) Shifts any part of which fall on a Sunday will count as a full Sunday shift.

(ii) Leave entitlements will be calculated on the roster and not on actual physical performance.

(iii) Sunday rostered overtime shifts will count similarly to rostered ordinary Sunday shifts.

(i) Salary for the purposes of annual leave will include the employee’s annual salary, Northern Territory Allowance, if applicable, and any other allowances to which the employee may be entitled.

18.5 Taking annual leave

(a) Subject to clause 18.5(b), taking annual leave will be in accordance with the NES.

(b) An employee employed in a teaching capacity in a school or as a school-based Administrative Officer will, unless otherwise approved by the Chief Executive Officer, take his/her accrued annual leave entitlements during the period on and from the first working day succeeding the last day on which the employee’s school is open in a calendar year and the day preceding the first day on which the school is open in the next calendar year.

(i) The taking of annual leave in clause 18.5(b) applies to school-based Administrative Officers whose conditions of employment are governed by Schedule K – School-based Administrative Officers.

18.6 Excess leave

(a) Where an employee has accrued annual leave entitlements in excess of two years (or three years in the case of a compulsory transferee), the Chief Executive Officer may, on giving a minimum of two months’ notice, direct the employee to take annual leave and the employee must take that leave within a three month period, or a period agreed between the parties, to reduce the accrued leave balance to the equivalent of two years (or three years in the case of a compulsory transferee) of entitlements.

(b) Before the Chief Executive Officer can direct that leave be taken under clause 18.6(a), the Chief Executive Officer must seek to confer with the employee and the parties must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual.

18.7 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 plus any allowances payable on annual leave under this award.

(b) Subject to clause 18.10 – Annual leave loading, 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) Refer clause 11.24– allowances payable on annual leave.

(d) Refer clause M.18.4 – Payment for annual leave for terms applicable to Power and Water employees.

18.8 Payment of accrued annual leave on termination of employment

Where an employee ceases, the employee will be entitled to payment in lieu of accrued annual leave. Payment in lieu will be calculated using the employee’s final rate of salary, including allowances payable on annual leave under this award, and annual leave loading that would have been included during annual leave.

18.9 Payment of accrued annual leave on death

Where an employee dies, or the Chief Executive Officer has directed that an employee will be presumed to have died on a particular date, payment of an amount that would have been paid if the employee had otherwise ceased employment may be made to the employee’s legal personal representative or, when authorised by the employee’s legal personal representative, to another person at the employer’s discretion.

18.10 Annual leave loading

(a) Annual leave loading entitlement

(i) An employee is entitled to an annual leave loading on 1 January each year. Subject to clause 18.10(b), the amount of the loading will be the lesser of:

· seventeen and a half per cent of the value of the annual leave accrued over the previous year based on the employee’s salary, including allowances in the nature of salary; or

· a maximum payment the equivalent of the Australian Statistician’s Northern Territory male average weekly total earnings [ABS 6302.0] for the June quarter of the previous year.

(ii) In the case of a shiftworker who would have been entitled to shift penalties in excess of the maximum payment referred to in clause 18.10(a)(i) had the employee not been on annual leave, the amount of the annual leave loading will be equivalent to the shift penalties.

(b) Payment of annual leave loading

(i) An employee who is approved to use at least one week of recreation leave may apply for an accrued annual leave loading.

(ii) On cessation of employment an employee is entitled to payment in lieu of any unpaid leave loading plus a pro rata payment of the leave loading entitlement at 1 January of the year of cessation for each completed month of service.

(iii) Where an employee commenced and ceased employment in the same year, the employee’s salary for purposes of calculation of the leave loading at clause 18.10(b)(ii) will be the salary payable had the employee been employed on 1 January of that year.

(iv) For the purposes of clauses 18.10(b), refer also to clause K.6 for special provisions regarding the calculation of annual leave loading for school-based Administrative Officers.

18.11 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.11.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.11.

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

(d) An agreement under clause 18.11 must state:

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

(ii) when the payment is to be made.

(e) An agreement under clause 18.11 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 entitlements 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 clause 18.11 as an employee record.

Note 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 18.11.

Note 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 18.11.

19. Personal/carer’s leave and compassionate leave

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

19.2 Subject to clause 19.4, 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.

19.3 Subject to clause 19.4, an employee may be granted personal/carer’s leave with pay subject to accrued personal leave entitlements, without production of evidence, to the extent of five days per personal leave year. No more than three consecutive days of personal/carer’s leave may be taken without production of evidence.

19.4 Agency specific – supplementary personal/carer’s leave entitlements

(a) Employees working on the 10/14 roster set out in Schedule H – Fire and Rescue Service employees, who are entitled to paid personal/carer’s leave under the NES:

(i) are entitled to accrue an additional two shifts on full pay treated in accordance with the provisions of the NES. For the avoidance of doubt, the additional paid leave together with NES provides an entitlement to 12 shifts of paid personal leave (6D; 6N) per year;

(ii) may be granted personal/carer’s leave with pay subject to accrued personal leave entitlements, without production of evidence, to the extent of four shifts per personal leave year;

(iii) in any calendar year for any absence exceeding one shift the employee will be required to produce a medical certificate; and

(iv) only three single day or night absences may be taken in one calendar year without the requirement to produce a medical certificate.

(b) Employees engaged in classifications set out in Schedule M – Power and Water who are working a nine day fortnight in accordance with an accrued day off system, and who are entitled to paid personal/carer’s leave under the NES, are entitled to accrue an additional three and a half days per annum treated in accordance with the provisions of the NES.

19.5 School-based Administrative Employees – personal/carer’s leave and non-term time

An employee employed as a school-based Administrative Officer who is unfit for duty on any day on which the employee is not required to attend for duty, in accordance with clause K.3, will not be required to apply for personal leave and the employee’s accrued personal leave entitlements will not be reduced for that day.

19.6 Paid personal/carer’s leave granted in accordance with this clause may be paid:

(a) at full pay; or

(b) at half pay; at the employee’s request, where the absence is at least one day.

19.7 Where paid personal/carer’s leave entitlements are exhausted, a Chief Executive Officer may grant additional leave with or without pay in accordance with clause 19.7(a). To avoid doubt, this clause supplements the entitlement to two days unpaid carer’s leave per permissible occasion provided for by the NES.

(a) An employee who has exhausted all available personal/carer’s leave accrued entitlements and who has produced satisfactory evidence in accordance with the provisions of the NES may be granted:

(i) additional personal/carer’s leave on half pay; or

(ii) personal/carer’s leave without pay.

19.8 Personal/carer’s leave whilst on other forms of leave

(a) An employee who has been granted leave other than paid annual leave or long service leave will not be granted personal/carer’s leave during the period of that other leave.

(b) Access to personal/carer’s leave whilst on long service leave is subject to By-law 8 – Long Service Leave.

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

19.10 An employee may take unpaid compassionate leave by agreement with the Chief Executive Officer.

19.11 Subject to clause 19.12, paid personal/carer’s leave and compassionate leave will be paid at the employee’s ordinary hourly rate plus any allowances payable on such leave under this award.

19.12 Salary for the purpose of personal leave for employees in the Fire and Rescue Service in clause 10.4 – Agency specific classifications, will include:

(a) for the purpose of personal leave at full pay an employee’s annual salary, current Northern Territory allowance and any other current allowance to which the employee was entitled at the commencement of his/her personal leave; and

(b) for the purpose of personal leave on half pay, one half of the employee’s annual salary, full Northern Territory allowance plus any other allowance or part of an allowance.

20. Parental leave

20.1 Parental leave (includes adoption leave) is provided for in the NES. These provisions supplement the entitlements in NES.

20.2 Unpaid parental leave – ongoing and fixed period employees – less than 12 months’ service

An ongoing or fixed period employee with less than 12 months’ continuous service is entitled to unpaid parental leave (including paternity/partner and adoption leave) as provided for in the NES as if the employee had met the general rule (employee must have completed at least 12 months of service) contained in s.67(1) of the Act.

20.3 Unpaid parental leave – casual employees

A casual employee is entitled to unpaid parental leave in accordance with the NES (see s.67(2) of the Act).

20.4 An employee eligible for parental leave under clause 20 will not be granted leave beyond a date which but for the grant of leave, would have been the employee’s cessation date or end of tenure.

20.5 Paid Maternity Leave – at least 12 months’ continuous service

(a) A pregnant employee with 12 months’ continuous service who is entitled to unpaid parental leave under the NES, in accordance with s.67(1) of the Act, 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.

(b) A pregnant employee who:

(i) is not entitled to paid leave under clause 20.5; and

(ii) at the commencement of birth-related leave taken in accordance 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;

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

(c) Where an employee’s child is born prematurely after the commencement of parental leave, the entitlement to and period of paid and unpaid leave remain unchanged.

(d) The whole of the period of paid parental leave will count as service for all purposes.

20.6 Returning to work / outside employment during parental leave

(a) Subject to the approval of the Chief Executive Officer, an employee on parental leave without pay under clause 20 – Parental leave, may return to duty for any period with the Agency, or another Agency.

(b) An employee on parental leave without pay may engage in outside employment in accordance with section 61 of PSEM Act.

(c) Employment under clauses 20.6(a) and (b) will:

(i) not prevent the employee from recommencing parental leave; and

(ii) not extend the maximum period of parental leave approved under clause 20 – Parental leave.

20.7 Where an employee on unpaid parental leave applies to utilise accrued annual leave or long service leave, and is eligible for that leave, the application will be granted. Any such paid leave utilised, subject to the relevant leave provisions, will count for service.

20.8 Subject to clause 20.8(a), unpaid leave granted under clause 20 will not count as service for any purpose.

(a) With the exception of any period during which the employee on unpaid parental leave is engaged in outside employment during normal working hours (as approved in accordance with section 61 of PSEM Act), unpaid leave resulting from the application of clause 20.5(b) will count as service for all purposes.

20.9 Maternity/adoption leave – 6 year option – at least 12 months’ continuous service

(a) An employee who is pregnant and intends to take birth-related leave, or an employee who intends to take adoption-related leave, may be granted up to 6 year’s unpaid leave in accordance with this clause where the employee has completed at least 12 months’ continuous service before commencing that leave.

(b) Leave taken under this clause must not extend beyond the child’s sixth birthday.

(c) Any leave taken under this clause will be deemed parental leave for the purposes of the NES up to 24 months from date of birth of the child or day of placement (adoption leave). Thereafter, all unpaid leave taken until the child’s sixth birthday will be in accordance with By-law 16 – Special Leave Without Pay.

(d) Subject to the NES, where both parents are employees, they will not both be eligible for parental leave without pay under this clause during the same period, but may utilise parental leave as follows:

(i) where both parents are eligible for 6 year’s unpaid parental leave, they may apply for alternating periods of leave where the first interchange may be made at any time and subsequent interchanges will be for a period of not less than 12 months unless otherwise approved by the Chief Executive Officer.

(e) With the exception of any period during which the employee on unpaid parental leave is engaged in outside employment during normal working hours (as approved in accordance with section 61 of PSEM Act), the first 12 weeks of unpaid leave under this clause will count as service for all purposes.

(f) An employee on unpaid parental leave under this clause may apply to utilise accrued annual leave or long service leave at any time up to 24 months from commencement of parental leave or the date of birth of the child, whichever occurs earlier. Any such paid leave utilised, subject to the relevant leave provisions, will count for service.

(g) Where an employee again becomes pregnant during a period of parental leave, the period may be extended until the sixth birthday of the child of the subsequent pregnancy, in accordance with the six-year option provisions.

20.10 In addition to the consultation and communication obligations under the NES, the employee will take reasonable steps to inform the Chief Executive Officer 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.

20.11 Compulsory Transferees – specific provisions

(a) Clause 20.11 only applies to a compulsory transferee, as defined in Schedule A – Definitions, who was compulsorily transferred to the NTPS before 28 November 1978.

(b) For the purposes of clauses 20.5(d), 20.7 and 20.8, the whole of a period of maternity leave granted in accordance with clause 20.5 will count as service for all purposes except that the period to count as service for annual leave and leave airfares will be the first 26 weeks of the period of paid leave, whichever is the longer.

(c) A Chief Executive Officer may grant to an eligible employee up to one week’s paternity leave which will commence within the period from one week before the estimated date of birth of the child to five weeks after the actual date of the child’s birth.

(i) An eligible employee will be entitled to payment during paternity leave equivalent to the payment that would have been made had the employee continued on duty for the period and absence on paternity leave will be allowed for five working days regardless of the number of hours that the employee is required to perform normal duty on those days.

21. Leave to attend industrial proceedings

21.1 An employee, excluding casuals, required by summons or subpoena to attend industrial proceedings, or to give evidence in proceedings affecting the employee will be granted paid leave.

21.2 Leave to attend industrial proceedings counts as service for all purposes.

22. Public holidays

22.1 Public holidays are provided for in the NES.

23. Termination of employment

23.1 Notice of termination by employer

Notice of termination is provided for in the NES.

23.2 Notice of termination by employee

(a) In accordance with the PSEM Act, the notice of termination required to be given by an employee to the employer is 14 days. The Chief Executive Officer may accept a lesser period.

(b) If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

24. Redundancy

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

24.2 Eligible employee

An ongoing NTPS employee not on probation is an eligible employee for the purposes of this clause.

24.3 In this clause:

(a) Potentially surplus employee means:

· an employee who is in a class comprising a greater number of employees than is necessary for the efficient and economical working of the Agency; or

· an employee whose services cannot be effectively used because of technological or other changes in the work methods of the Agency, or changes in the nature, extent or organisation of the functions of the Agency.

(b) Service means a period of continuous service as defined in the Act, and which includes service as a compulsory transferee as defined in this award.

(c) Suitable employment means employment within the NTPS that the employee is capable of performing and is competent and qualified to perform, having regard to section 5D(2) of the PSEM Act, which must be considered in the context of reasonable training possibilities.

(d) Surplus employee means an employee who the Commissioner has determined is surplus to the requirements of the NTPS.

24.4 Notice of redundancy

(a) Where the Commissioner decides that redeployment of any potentially surplus employee is not feasible:

(i) an employee is entitled to six months formal notice that the employee is surplus to the requirements of the service; or

(ii) where an employee has 20 or more years’ service or is over the age of 45 years, the employee is entitled to 12 months formal notice that the employee is surplus to the requirements of the service.

(b) A surplus employee cannot be given notice under this clause if:

(i) the employee has not been invited to elect for retrenchment in accordance with clause 24.5 –Voluntary retrenchment; or

(ii) the employee has made an election for retrenchment and the Commissioner has refused to approve it.

24.5 Voluntary retrenchment

(a) Where an employee is unable to be placed in other suitable employment the employer may offer the employee a voluntary retrenchment.

(b) Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks’ notice from the date that the offer is accepted, or five weeks’ notice if the employee is over the age of 45 years.

(c) The surplus employee may be retrenched at any time within the period of notice under clause 24.5(b), at the direction of the Chief Executive Officer or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period.

24.6 Entitlement – redundancy pay

An employee retrenched in accordance with clause 24.5, is entitled to be paid redundancy pay (which includes any NES entitlement) of a sum equal to two weeks’ salary including, (where applicable) Northern Territory Allowance, for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, unless the NES provides a greater benefit.

24.7 Minimum and maximum payments

The minimum sum payable as redundancy pay on termination will be four weeks’ salary and the maximum sum payable will be 48 weeks’ salary.

24.8 For the purpose of calculating payment under clause 24.6:

(a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification;

(b) where an employee has been paid a loading for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will be counted as part of ‘weeks’ salary’;

(c) the inclusion of allowances or loadings as salary, other than those specified in clauses 24.8(a) and (b), will be at the discretion of the employer.

24.9 All annual leave, long service leave and leave loading entitlements, including pro rata entitlements, must be paid out.

24.10 Subject to clause 24.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the Commissioner.

24.11 A surplus employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 24.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

24.12 Notice of transfer or termination of employment

(a) An employee must be given four weeks formal notice that the employee will be transferred to a lower salary or employment will be terminated when:

(i) the relevant period of notice in clause 24.4 – Notice of redundancy has expired and the employee cannot be placed in other suitable employment;

(ii) the relevant period of notice in clause 24.4 – Notice of redundancy has expired and the training for alternative employment cannot be arranged.

(b) An employee over the age of 45 years is entitled to five weeks formal notice that the employee will be transferred to a lower salary or will be terminated from employment.

24.13 Leave and expenses to seek employment

(a) For the purpose of attending employment interviews, an employee who has received notice in accordance with clauses 24.4 – Notice of redundancy or 24.12 – Notice of transfer or termination of employment is entitled to:

(i) reasonable leave with full pay; and

(ii) reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.

(b) An employee is entitled to all reasonable expenses associated with moving his or her household to a new location if, in the opinion of the Commissioner, the transfer is necessary to enable the employee to take up alternative employment.

24.14 Election to terminate employment or be transferred

(a) With the approval of the Commissioner, an employee who has received notice in accordance with clauses 24.4 – Notice of redundancy or 24.12 – Notice of transfer or termination of employment may elect to terminate employment or be transferred before the expiry date of the notice period. The date elected then becomes the date of termination of employment or transfer for the purposes of this award.

(b) Where the Commissioner approves an election to terminate employment, the employee will be entitled to receive payment in lieu of salary for the unexpired portion of the notice period. This payment includes Northern Territory allowance where it is applicable.

(c) An employee who has declined an invitation to elect for voluntary retrenchment prior to clauses 24.4 – Notice of redundancy and 24.12 – Notice of transfer or termination of employment being invoked, is not entitled to receive a greater payment under clause 24.14(b) than the employee would have been entitled to receive had the employee elected to be voluntarily retrenched.

24.15 Payment of income maintenance upon transfer

(a) An employee will be able to receive maintenance of income payments where they have been transferred to a lower designation and salary in accordance with clause 24.14 – Election to terminate employment or be transferred.

(b) Period of income maintenance

An employee transferred during either of the notice periods pursuant to clause 24.14 – Election to terminate employment or be transferred, is entitled to receive maintenance of income payments, if any, for the balance of the relevant notice period; and if the employee’s circumstances so require.

24.16 Calculation of income maintenance payments

(a) Income maintenance payments equal an amount, if any, necessary to bring his or her salary at the lower level up to the salary level at the date of the transfer of employment.

(b) Where an employee has been acting in a higher designation for a continuous period of 12 months immediately prior to the date which the employee received notice under clause 24.4 – Notice of redundancy, the employee’s salary, for the purposes of this clause, is that received at the higher designation at the date of receiving notice.

(c) The inclusion of allowances or loadings as salary, other than higher duties allowance, is at the discretion of the Commissioner.

24.17 Allowances

(a) Compensation for losses etc.

An employee who is eligible for the payment of income maintenance under clause 24.15(a) or payment in lieu of notice upon termination of employment under clause 24.14(b), is entitled to receive compensation for all other identifiable and quantifiable disabilities, losses and expenses experienced or incurred by reason of his or her transfer or termination of employment which in the opinion of the Commissioner were brought about by the termination of employment or transfer.

24.18 Use of accrued personal leave

(a) The periods of notice under clauses 24.4 – Notice of redundancy or 24.12 – Notice of transfer or termination of employment, will be extended by any periods of approved personal leave taken during such periods supported by documentary evidence in the form of a medical certificate issued by a registered health practitioner.

(b) For the purposes of clause 24.15 – Payment of income maintenance, an employee who, at the date transfer, has accrued personal leave entitlements is entitled to receive maintenance of income payments in respect of loss of income through sickness until such time as those accrued personal leave entitlements have been exhausted.

Provided that:

(i) the rate of payment will be set out in clause 24.16 – Calculation of income maintenance payments;

(ii) the entitlement to maintenance of income payments under this clause:

· will not exceed six months of accrued personal leave entitlements;

· will not apply to uncertified absences.

(iii) the period for which maintenance of income payments are paid under clause 24.15 – Payment of income maintenance will be extended by the period or periods for which payments are made under this clause;

(iv) access to accrued personal leave entitlements is available only during the period of income maintenance.

24.19 Facilitative provisions

Where the union, or other employee nominated representative, the employee, and the Commissioner agree, provisions may be applied to a potentially surplus employee or surplus employee which are in addition to, or in substitution for, any or all of the provisions prescribed in this award.

Part 7—Consultation and Dispute Resolution

25. Consultation

25.1 Consultation regarding major workplace change

(a) Employer to notify

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

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

(b) Employer to discuss change

(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 25.1(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 employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 25.1(a).

(iii) For the purposes of such discussions, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees. The employer is not required to disclose confidential information the disclosure of which would be contrary to the employer and/or Northern Territory Government’s interests.

25.2 Consultation about changes to rosters or hours of work

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

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change, provided that the employer is not required to disclose confidential information the disclosure of which would be contrary to the Northern Territory Government’s interests;

(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed changed (including any impact in relation to their family or caring responsibilities); and

(iii) give timely consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

26. Dispute resolution

26.1 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.

26.2 If such discussions do not resolve the dispute, the parties will arrange for further discussions between the employee or employees concerned and more senior levels of management within 48 hours

26.3 If the matters are still not resolved, within a further 24 hours a discussion will be held between the employer, the employee or employees concerned and the relevant employee representative, if any.

26.4 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clauses 26.1 to 26.3 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

26.6 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.

26.7 An employer 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.

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

27. Grievance and dispute resolution training

27.1 Subject to clause 27.3, leave of absence will be granted to an employee to attend short training courses or seminars on the following conditions:

(a) that Agency operating requirements permit the grant of leave; and

(b) that the scope, content and level of the short course or seminar are directed to a better understanding of grievance handling and dispute resolution.

27.2 Leave granted under clause 27.1 will be with full pay at ordinary time, excluding shift, penalty or overtime payments, and will count as service for all purposes.

27.3 This provision does not apply to Assistant Teacher, Classroom Teacher and Senior Teacher listed in clause 10.4 – Agency specific classifications.

Schedule A—Definitions

[Varied by PR733959]

In this award, unless the contrary intention appears:

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

adult apprentice means an employee who is 21 years of age or over

apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority

Agency has the meaning given by the Public Sector Employment and Management Act 1993 (NT)

By-law(s) means a condition of service contained in the Public Sector Employment and Management By-laws as at the commencement date of this award.

[Definition of casual employee inserted by PR733959 from 27Sep21]

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

Chief Executive Officer has the meaning given by the Public Sector Employment and Management Act 1993 (NT). Except where the context otherwise requires, a Chief Executive Officer includes a person authorised to exercise the relevant powers of a Chief Executive Officer for the purpose concerned

Commissioner has the meaning given by the Public Sector Employment and Management Act 1993 (NT).

compulsory transferee means an employee who was compulsorily transferred to:

(a) the Northern Territory Public Service from:

· the Commonwealth Public Service; or

· the former Northern Territory Public Service;

under the provisions of section 38 or 40 of Part IV of the Public Service Act 1976; or

(b) the Northern Territory Teaching Service from the Commonwealth Teaching Service;

under provisions of section 54 of Part IV of the Teaching Service Act 1981

continuity of service means the period for which an employee has performed duty including approved periods of paid leave and periods of unpaid leave which have been specified as counting as service for all purposes. It does not include unauthorised absences.

day worker means an employee who is not defined as a shiftworker in Schedule A

Department of Children and Families means the Agency as established under the Administrative Arrangements Order as at the commencement date of this award

Department of Education means the Agency as established under the Administrative Arrangements Order as at the commencement date of this award.

Department of Health employee(s), however described, means:

(a) Physicals employed in the Department of Health, except those whose employment conditions are governed by Schedule D – Class of work/designation – Physical of this award (namely trade qualified Physical employees);

(b) Technicals employed in central sterilization services;

(c) Professionals employed in radiography or sonography;

(d) Administrative Officer 1 and Administrative Officer 2; and

(e) Aboriginal and Torres Strait Islander Health Practitioners.

The ‘Department of Health’ refers to the Agency as established under the Administrative Arrangements Order as at the commencement date of this award.

dependent or dependents in relation to an employee means, unless otherwise specified in a clause or schedule to this award:

(a) the spouse (including de facto partner) of the employee; or

(b) a child or parent of the employee, or of the spouse (including de facto partner) of the employee, being a child or parent who ordinarily resides with the employee and who is wholly or substantially dependent upon the employee; and

(c) who are not in receipt of income from any other source exceeding the weekly minimum adult wage as determined by the Commissioner.

Dentist Manager in clause 10.4 – Agency specific classifications, includes the designations Dentist Manager, Remote Dentist Manager, Remote Service Manager, and Senior Dentist Manager

employee means a person employed in the Northern Territory Public Sector as defined in the Public Sector Employment and Management Act 1993 (NT)

employee representative means a representative chosen by the employee, which may be a union representative

employer means the Commissioner as defined in the Public Sector Employment and Management Act 1993 (NT).

Fire and Rescue Service means the Fire and Rescue Service of the Northern Territory

full-time employee means an employee normally required to work ordinary hours of 36.75, 37.5 or 38 per week as specified in clause 8.2(b)(i) applicable to an employee

immediate family as defined in the Act

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

NTPS means the Northern Territory Public Sector as provided in the Public Sector Employment and Management Act 1993 (NT)

ordinary time means the hours and days that an employee is normally required to work not exceeding 36.75, 37.5 or 38 hours per week within the span of hours applicable to an employee

PSEM Act means the Public Sector Employment and Management Act 1993 (NT), as amended from time to time, and includes its subordinate Regulations, By-laws, Employment Instructions and Determinations

Power and Water refers collectively to the three Northern Territory government owned corporations (trading as ‘Power and Water Corporation’, ‘Territory Generation’ and ‘Jacana Energy’) as constituted pursuant to the following Northern Territory legislation:

(a) Power and Water Corporation Act

(b) Power Generation Corporation Act 2014

(c) Power Retail Corporation Act 2014

Subject to the relevant Northern Territory legislation as varied from time to time, each government owned corporation listed above is an ‘Agency’ for the purposes of section 3(1) of the Public Sector Employment and Management Act 1993 (NT).

salary barrier means the minimum annual pay rate payable to an employee at the Administrative Officer level 6 classification as contained in clause 10.3 – NTPS classifications or clause M.2.1 – Power and Water classifications, whichever is applicable. A classification is “below” the salary barrier where the minimum pay rate for the classification is less than the pay rate payable to an Administrative Officer level 6. A classification is “above” the salary barrier where the minimum pay rate is not less than the pay rate payable to an Administrative Officer level 6.

shiftworker except where a clause or a schedule to this award provides otherwise, means an employee who is rostered to perform ordinary hours of duty outside the period 6.00 am to 6.00 pm Monday to Friday, and/or Saturdays, Sundays or public holidays for an ongoing or fixed period.

Split shift means a shift where two periods of work separated by a non-working period is worked on any one day

Standard rate means the minimum hourly pay rate for Physical 4 (PH4) in clause 10.3(a).

substantive designation means the classification and classification level (where applicable) to which an employee has been appointed, transferred or promoted on an ongoing basis

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

Schedule B—Supported Wage System

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

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

B.2 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (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

B.3 Eligibility criteria

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

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

B.4 Supported wage rates

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

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

[B.4.2 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]

B.4.2 Provided that the minimum amount payable must be not less than $102 per week.

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

B.5 Assessment of capacity

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

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

B.6 Lodgement of SWS wage assessment agreement

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

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

B.7 Review of assessment

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

B.8 Other terms and conditions of employment

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

B.9 Workplace adjustment

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

B.10 Trial period

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

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

[B.10.3 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]

B.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.

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

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

Schedule C—National Training Wage

[Varied byPR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260]

C.1 Title

This is the National Training Wage Schedule.

C.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level

approved training means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package

year 10 includes any year before Year 10

C.3 Coverage

C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 or by clause C.5.4 of this schedule.

C.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.

C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.3.4 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.

C.3.5 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.

C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.

C.4 Types of Traineeship

The following types of traineeship are available under this schedule:

C.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and

C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.

C.5 Minimum Wages

[C.5 substituted by PR592256, PR606477, PR707594, PR718969, PR729416, PR740841, PR762260 ppc 01Jul23]

C.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	384.30	423.10	503.30
Plus 1 year out of school	423.10	503.30	585.70
Plus 2 years out of school	503.30	585.70	681.60
Plus 3 years out of school	585.70	681.60	780.40
Plus 4 years out of school	681.60	780.40
Plus 5 or more years out of school	780.40

(b) Wage Level B

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	384.30	423.10	490.50
Plus 1 year out of school	423.10	490.50	564.20
Plus 2 years out of school	490.50	564.20	661.80
Plus 3 years out of school	564.20	661.80	754.70
Plus 4 years out of school	661.80	754.70
Plus 5 or more years out of school	754.70

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	384.30	423.10	490.50
Plus 1 year out of school	423.10	490.50	554.70
Plus 2 years out of school	490.50	554.70	619.70
Plus 3 years out of school	554.70	619.70	690.20
Plus 4 years out of school	619.70	690.20
Plus 5 or more years out of school	690.20

(d) AQF Certificate Level IV traineeships

(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii)

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