MA000153

Australian Government Industry Award 2016

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771430).

Clause(s) affected by the most recent variation(s):

16Superannuation

 

Table of Contents

[Varied by PR609457, PR750431]

Part 1— Application and Operation of Award. 4

1. Title and commencement 4

2. Definitions and interpretation. 4

3. Coverage. 5

4. The National Employment Standards and this award. 7

5. Award flexibility. 7

6. Facilitative provisions. 8

Part 2— Consultation and Dispute Resolution. 9

7. Consultation regarding major workplace change. 9

8. Dispute resolution. 11

Part 3— Types of Employment and Termination of Employment 13

9. Types of employment 13

10. Termination of employment 14

11. Redundancy. 15

Part 4— Minimum Wages and Related Matters. 18

12. Minimum wages. 18

13. Allowances. 20

14. Higher duties. 23

15. Payment of wages. 23

16. Superannuation. 24

Part 5— Hours of Work and Related Matters. 25

17. Ordinary hours of work and rostering. 25

18. Penalty Rates—Shiftworkers. 27

19. Overtime. 29

Part 6— Leave and Public Holidays. 33

20. Annual leave. 33

21. Personal/carer’s leave and compassionate leave. 37

22. Community service leave. 37

23. Parental leave. 37

24. Public holidays. 38

25. Additional holiday. 38

26. Family and domestic violence leave. 38

Schedule A —Excluded Parties. 40

Schedule B —Classifications. 41

Schedule C —Classification transitional information. 44

Schedule D —Eligible employers for the purposes of redundancy. 48

Schedule E —Employment conditions specific to the employees of the Australia Council for the Arts 49

Schedule F —Employment conditions specific to the Australian Film, Television and Radio School 50

Schedule G —Employment conditions specific to employees of the Australian Institute of Marine Science 61

Schedule H —Employment conditions specific to employees of Australian Hearing Services 62

Schedule I —Employment conditions specific to the Australian Maritime Safety Authority 71

Schedule J —Employment conditions specific to employees of the Australian Prudential Regulation Authority. 80

Schedule K —Employment conditions specific to the Australian Sports Commission. 89

Schedule L —Employment conditions specific to the Civil Aviation Safety Authority. 94

Schedule M —Employment conditions specific to Electorate Officers employed under Part III and Part IV of the Members of Parliament (Staff) Act 1984. 107

Schedule N —Employment conditions specific to employees of the National Gallery of Australia 113

Schedule O —Employment conditions specific to employees of the Special Broadcasting Service Corporation. 117

Schedule P —Employment conditions specific to employees of Tourism Australia. 134

Schedule Q —Supported Wage System.. 135

Schedule R —School-based Apprentices. 138

Schedule S —National Training Wage. 139

Appendix S1: Allocation of Traineeships to Wage Levels. 147

 


Part 1—Application and Operation of Award

1.                      Title and commencement

1.1                   This award is the Australian Government Industry Award 2016.

1.2                   This award commences on 15 August 2016.

1.3                   This award supersedes:

(a)          The Australian Government Employment – Conditions and Salaries Award 2003 [AP824076]; and

(b)         A number of enterprise award-based instruments which previously covered certain employers in the Australian Government Industry which are now covered by this award.

1.4                   The monetary obligations imposed on employers by this award may be absorbed into over-award payments. Nothing in this award requires an employer to maintain or increase any over-award payment.

1.5                   The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

2.                      Definitions and interpretation

[Varied by PR733948]

2.1                   In this award, unless the contrary intention appears:

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

AG means Australian Government

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

[Definition of casual employee inserted by PR733948 from 27Sep21]

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

dependant in relation to an employee means:

(a)          the spouse of the employee; or

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

enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

Fair Work Act means the Fair Work Act 2009 (Cth)

NES means the National Employment Standards as defined by the Fair Work Act

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

salary barrier means the minimum hourly rate payable to an employee at the AG Level 7 classification. A classification is ‘below’ the salary barrier where the pay rate for the classification is less than the minimum pay rate payable to an AG Level 7. A classification is ‘above’ the salary barrier where the minimum pay rate is not less than the minimum pay rate payable to an AG Level 7

shiftworker means an employee who is rostered to perform ordinary hours of work outside the period of 6.30 a.m. to 6.00 p.m., Monday to Friday, and/or on Saturdays, Sundays or public holidays for an ongoing or fixed period

standard rate means the minimum hourly rate of pay for an AG level 2 employee in clause 12.3

time off in lieu means time off in lieu of the applicable overtime payment. Time off in lieu will be calculated at the appropriate overtime rate, for example where the applicable overtime rate on Sunday is double time, an employee who works four hours on a Sunday will be entitled to eight hours’ time off in lieu

2.2                   Employer specific schedules

(a)          Schedule E to Schedule P contain conditions specific to the employer to which the schedule applies.

(b)         These schedules should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of this award and the schedule, the terms of the schedule will prevail.

3.                      Coverage

[Varied by PR743474]

3.1                   Definitions

Australian Government industry means all activities undertaken by bodies established by the Commonwealth for a public purpose.

Employee means a person who is employed by an employer in one of the classifications listed in clause 12.3, other than a person excluded from this award by Schedule A.

Employer means a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 (Cth) insofar as it does not engage staff under the Public Service Act 1999 (Cth). For the avoidance of doubt, Employer also includes the Commonwealth in relation to its employment of an Employee under the Members of Parliament (Staff) Act 1984 (Cth).

Note: If an employer engages employees under the Public Service Act 1999, and also employs on another basis, for example under enabling legislation, this definition will cover that employer. However, this award will not cover those employees who are engaged under the Public Service Act 1999 and are excluded from coverage of this award by clause 3.3(b).

3.2                   Coverage

(a)          This award covers the Australian Government industry.

(b)         Subject to clauses 3.3 to 3.5, this modern award covers an employer in the Australian Government industry in relation to its employees to the exclusion of any other modern award.

3.3                   This award does not cover:

(a)          Employees excluded from coverage by the Fair Work Act;

(b)         Employees covered by the Australian Public Service Enterprise Award 2015, or the Commonwealth of Australia in respect of those employees;

(c)          Employees who are covered by a modern enterprise award, or employers in relation to those employees;

(d)         Employers and employees listed in Schedule A;

(e)          Employees who are engaged in senior management roles or equivalent positions not covered by the classification descriptors in Schedule B;

(f)           Any employee who performs work within the classifications of the following mainstream modern awards:

[3.3(f)(i) varied by PR743474 ppc 11Jul22]

(i)           Nurses Award 2020;

[3.3(f)(ii) varied by PR743474 ppc 11Jul22]

(ii)         Commercial Sales Award 2020;

[3.3(f)(iii) varied by PR743474 ppc 11Jul22]

(iii)       Fitness Industry Award 2020;

[3.3(f)(iv) varied by PR743474 ppc 11Jul22]

(iv)       Broadcasting and Recording Entertainment Award 2020;

[3.3(f)(v) varied by PR743474 ppc 11Jul22]

(v)         Higher Education Industry - Academic Staff Award 2020; and

(vi)       Children’s Services Award 2010.

3.4                   For the avoidance of doubt, the employees to which clause 3.3(f) refers, and who are thereby excluded from the coverage of this award, are employees in relation to whom it has been deemed more suitable that they be covered by an existing industry or occupational modern award, as opposed to this general award for the Australian Government industry, by virtue of the nature of their duties, skills and qualifications.

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

Note: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

4.                      The National Employment Standards and this award

4.1                   The National Employment Standards and this award contain the minimum conditions of employment for employees covered by this award.

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

4.3                   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.

5.                      Award flexibility

5.1                   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; and

(d)         allowances.

5.2                   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.

5.3                   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 5.1; 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.

5.4                   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.

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

5.6                   Except as provided in clause 5.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

5.7                   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.

5.8                   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), 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 Fair Work Act).

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

6.                      Facilitative provisions

6.1                   This award contains facilitative provisions which allow agreement to be reached between an employer and employees on how specific award provisions are to apply at the workplace level. The facilitative provisions are identified in clause 6.3.

6.2                   Facilitative provisions are not to be used as a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award.

6.3                   The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees affected in the workplace:

Clause number

Subject matter

15

Payment of wages

17.2(b)(ii)

Variation to the span of ordinary hours

17.3(f)

Operation of flex-time

18.6

Averaging of shift penalties

K.5.2

Ordinary hours of work—day worker—local variation— Public Affairs Officers, Administrative Officers, and Professional/Executive Officers

O.9.2

Accrued days off —SBS

O.12.5

Average shift penalties — SBS

6.4                   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; and

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

Part 2—Consultation and Dispute Resolution

7.                      Consultation regarding major workplace change

7.1                   Clause 7 applies if the employer:

(a)          has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or

(b)         proposes to introduce a change to the regular roster or ordinary hours of work of employees.

7.2                   For a major change referred to in clause 7.1(a):

(a)          the employer must notify the relevant employees of the decision to introduce the major change; and

(b)         clauses 7.3 to 7.9 apply.

7.3                   The relevant employees may appoint a representative for the purposes of the procedures in this term.

7.4                   If:

(a)          a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(b)         the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

7.5                   As soon as practicable after making its decision, the employer must:

(a)          discuss with the relevant employees:

(i)           the introduction of the change; and

(ii)         the effect the change is likely to have on the employees; and

(iii)       measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and

(b)         for the purposes of the discussion—provide, in writing, to the relevant employees:

(i)           all relevant information about the change including the nature of the change proposed; and

(ii)         information about the expected effects of the change on the employees; and

(iii)       any other matters likely to affect the employees.

7.6                   However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

7.7                   The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

7.8                   If a term in this award provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in clause 7.1(a) and clauses 7.3 and 7.5 are taken not to apply.

7.9                   In this term, a major change is likely to have a significant effect on employees if it results in:

(a)          the termination of the employment of employees; or

(b)         major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or

(c)           the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

(d)         the alteration of hours of work; or

(e)          the need to retrain employees; or

(f)           the need to relocate employees to another workplace; or

(g)          the restructuring of jobs.

7.10               Change to regular roster or ordinary hours of work

(a)          For a change referred to in clause 7.1(b):

(i)           the employer must notify the relevant employees of the proposed change; and

(ii)         subclauses 7.10(b) to 7.13 apply.

(b)         The relevant employees may appoint a representative for the purposes of the procedures in this term.

(c)          If:

(i)           a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

(ii)         the employee or employees advise the employer of the identity of the representative;

the employer must recognise the representative.

7.11               As soon as practicable after proposing to introduce the change, the employer must:

(a)          discuss with the relevant employees the introduction of the change; and

(b)         for the purposes of the discussion—provide to the relevant employees:

(i)           all relevant information about the change, including the nature of the change; and

(ii)         information about what the employer reasonably believes will be the effects of the change on the employees; and

(iii)       information about any other matters that the employer reasonably believes are likely to affect the employees; and

(iv)       invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

7.12               However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

7.13               The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.

7.14               In this term relevant employees means the employees who may be affected by a change referred to in clause 7.1.

8.                      Dispute resolution

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

8.2                   If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 8.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

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

8.5                   An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

8.6                   While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Fair Work 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.

8.7                   Leave of absence to attend proceedings

Where the provisions of clause 8.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 8.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 8.2 and will not suffer any loss of pay in respect of the absence.

8.8                   Leave of absence to attend courses

(a)          To assist in the resolution of disputes in a workplace, an employee representative, referred to in clause 8.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the employer.

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

(c)          An employee representative granted a leave of absence under clause 8.8(a) will not suffer any loss of pay.

Part 3—Types of Employment and Termination of Employment

9.                      Types of employment

[Varied by PR733948, PR750431]

9.1                   Employees under this award will be employed in one of the following categories:

(a)          Full-time;

(b)         Part-time; or

(c)          Casual.

9.2                   At the time of engagement, an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.

9.3                   Full time employment

A full-time employee is an employee who works the ordinary hours of work set out in clause 17.1(a) of this award and who is not a casual employee.

9.4                   Part-time employment

(a)          A part-time employee is an employee who works an agreed number of hours that is less than the ordinary hours of work specified in clause 17.1(a) of this award.

(b)         A part-time employee receives, on a pro rata basis, the equivalent pay and conditions to a full-time employee in the same classification. In relation to expense-related allowances, the employee will receive entitlements as specified in the relevant clauses of this award.

[9.4(c) varied by PR733948 from 27Sep21]

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

(d)         Before part-time duty commences, the employer will notify the employee in writing:

(i)           the employee’s prescribed weekly hours of duty; and

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

(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 9.4(d) will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to full-time hours unless a further period of part-time employment is approved.

(f)           The pattern of hours specified under clause 9.4(d)(ii) will provide for no less than three hours per day (or an alternative period agreed by the employer and the employee) and will be continuous on any one day.

(g)          The prescribed weekly hours and the pattern of hours specified under clause 9.4(d)(i) can only be varied with the employee’s written agreement.

9.5                   Casual employment

[9.5(a) deleted by PR733948 from 27Sep21]

[9.5(b) renumbered as 9.5(a) by PR733948 from 27Sep21]

(a)          A casual employee will be paid the minimum hourly pay rate for their classification.

[9.5(c) renumbered as 9.5(b) by PR733948 from 27Sep21; varied by PR750431 ppc 15Mar23]

(b)         A casual employee will also be paid a 25% loading.

[Note inserted by PR750431 ppc 15Mar23]

NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

9.6                   Offers and requests for casual conversion

[9.6 inserted by PR733948 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 8Dispute resolution.

10.                 Termination of employment

10.1               Notice of termination is provided for in the NES. The following provisions supplement the NES entitlements.

10.2               Notice of termination by an employee

(a)          An employee is required to give the same notice of termination as that required of an employer under the NES based on the employee’s period of service. There is no requirement for an employee to give additional notice based on the age of the employee concerned.

 

Years of Service

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

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

11.                 Redundancy

11.1               Redundancy pay is provided for in the NES.

11.2               For eligible employers and their employees the following provisions supplement the NES entitlement.

11.3               Eligible Employer

An eligible employer is:

(a)          an employer who on the commencement of this award was bound or covered by an award or enterprise agreement which provided redundancy provisions consistent with the entitlements of clauses 11.6 and 11.7. This includes those employers listed in Schedule D.

(b)         an employer created after the commencement of this award.

Note: For the purposes of this clause, 'award' has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and includes an enterprise award-based instrument.

11.4               Eligible Employee

An employee is eligible for the entitlements under this clause except where the employee:

(a)          is still on probation; or

(b)         is engaged on a fixed term basis; or

(c)          is engaged on a casual basis.

11.5               Redundancy

An employee’s position is redundant if:

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

(b)         the services of the employee cannot be effectively used because of technological or other changes in the work methods of the employer or changes in the nature, extent or organisation of the functions of the employer; or

(c)          the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the employer has determined that the provisions of this clause apply to that employee.

11.6               Entitlement

(a)          An employee whose position is redundant and whose employment is terminated will be entitled to be paid redundancy pay. This is to be a sum equal to two weeks’ salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service. The amount paid is subject to clauses 11.7 and 11.8.

(b)         The redundancy pay provided for in clause 11.6(a) incorporates any NES entitlement. However, if the NES entitlement provides a greater benefit, the NES entitlement applies instead of clause 11.6(a).

Note: As at the date of commencement of the award, the NES provides for an entitlement to six weeks’ redundancy pay to an employee who has completed at least two years, but less than three years continuous service with an employer.

11.7               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.

11.8               Pro rata entitlement

Redundancy pay will be calculated on a pro rata basis where the employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service, subject to any minimum entitlement the employee has under the NES.

11.9               Service for redundancy pay purposes

(a)          For the purpose of calculating an entitlement in accordance with clause 11.6  continuous service means the period of unbroken service with the employer who determines the employee’s position is redundant.

(b)         Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes.

11.10           Rate of payment—redundancy pay

For the purposes of calculating any payment under clause 11.6 or clause 11.7, “salary” will include the following amounts:

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

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

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

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

11.11           Transfer to lower paid duties

Where an employer proposes to reduce the classification of an employee whose position is redundant, either:

(a)          the employee will be given the same period of notice the employee would have been entitled to receive if the employment had been terminated; or

(b)         the employer may pay an amount to maintain the level of salary received by the employee at the date of notice of reduction in classification for the number of weeks of notice still owing. Such payments will be calculated in accordance with clause 11.10.

11.12           Period of notice—termination

(a)          Where an employee’s employment is terminated on the basis of redundancy, the period of notice will be four weeks. In the case of an employee over 45  years of age with at least five years continuous service the period of notice will be five weeks.

(b)         The employer may elect to make a payment in lieu of all or part of the notice period specified in clause 11.12(a). The payment will be calculated based on the payment the employee would have received in respect of the ordinary time the employee would have worked during the notice period, had the employment not been terminated by a payment in lieu of notice.

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

11.13           Job search entitlement

(a)          An employee given notice of termination in circumstances of redundancy must be allowed reasonable time off without loss of pay during the notice period for the purpose of seeking other employment.

(b)         If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

Part 4—Minimum Wages and Related Matters

12.                 Minimum wages

[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262]

12.1               Subject to clause 12.3(a) employees performing work within the classifications listed in clause 12.3 will be paid not less than the hourly rate applicable to the employee’s classification.

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

Annual Salary = Minimum Hourly Pay Rate x 73.50 x (313/12)

12.3               Australian Government classifications

[12.3(a) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

(a)          The minimum hourly pay rate for an adult employee performing work in the following classifications, other than an employee performing work covered by clauses 12.4 and 12.5, is set out in the following table.

Classification Level

Minimum Annual Pay Rate (36.75 hours per week)

$

Minimum Hourly Pay Rate

$

AG level 1

49,155

25.64

AG level 2

53,219

27.76

AG level 3

57,820

30.16

AG level 4

61,406

32.03

AG level 5

66,390

34.63

AG level 6

70,052

36.54

AG level 7

79,407

41.42

AG level 8

86,117

44.92

TRAINEES

Cadet (practical training)

49,155

25.64

Trainee (Technical)

51,551

26.89

(b)         Schedule B outlines the classifications descriptions applying to the classifications in this clause.

(c)          Schedule C outlines how classifications from awards superseded by this award transitioned into the classification structure in this clause.

12.4               Juniors

(a)          Employees who are younger than 21 years of age and who are employed in the classifications of:

(i)           AG level 1; or

(ii)         Cadet—practical training,

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

Under 18 years

60%

At 18 years

70%

At 19 years

81%

At 20 years

91%

12.5               Trainees

(a)          Cadets—Full-time study rates

A Cadet during periods of full-time study will be paid no less than 57% of the minimum hourly pay rate (including junior rates where applicable) that would be payable to the Cadet if they were performing practical training.

(b)         Apprentices

(i)           Apprentices (other than adult apprentices) will be paid a percentage of the standard rate as follows:

Length of service as an apprentice

% of AG level 2 rate

Completed Year 12

Not completed Year 12

1st year of service

55%

50%

2nd year of service

65%

60%

3rd year of service

75%

75%

4th year of service

92%

88%

(ii)         Adult apprentices will be paid a percentage of the standard rate as follows:

Length of service as an apprentice

% of AG level 2 rate

1st year of service

80%

2nd year of service

86%

3rd year of service

88%

4th year of service

92%

(iii)       A person employed under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 12.3 (as applicable) in which the adult apprentice was engaged immediately prior to entering into the training agreement.

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

12.6               Supported wage system

See Schedule Q.

12.7               National training wage

See Schedule S.

13.                 Allowances

[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR729595, PR740843, PR740999, PR762262, PR762427]

13.1               Vehicle allowance

(a)          Where an employer requires an employee to use their own vehicle in the performance of their duties, the employee will be paid an allowance for each kilometre of authorised travel.

[13.1(b) varied by PR729595, PR740999, PR762427 ppc 01Jul23]

(b)         The allowance will be $0.81 per kilometre. This rate will be adjusted in line with the Private motoring sub-group.

13.2               Travelling reimbursement

(a)          An employee who is required to be away overnight or for part of the day is entitled to be reimbursed for reasonable expenses for accommodation, meals and incidental costs whilst:

(i)           travelling on duty; or

(ii)         carrying out duties away from their normal place of employment by employer direction.

(b)         An employee is only eligible for the reimbursement of accommodation and meal expenses if the employer has not otherwise provided these to the employee.

13.3               Excess travel time

(a)          Where an employee is directed to work temporarily at a location other than their normal place of employment, and as a result spends more time travelling to their temporary place of work than they spent travelling to their usual place of work, they will be entitled to payment for the excess travel time or time off in lieu during normal hours of duty for that time subject to:

(i)           the employee’s salary not exceeding the rate for an AG Level 4;

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

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

(b)         The rate of payment will be single time on Mondays to Saturdays and time and a half on Sundays and public holidays.

(c)          Payment of salary will include any higher duties allowance.

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

13.4               Excess fares

(a)          An employee working temporarily at a location other than their normal place of employment, and who as a result incurs costs greater than the cost of travelling to and from their usual place of work, will be entitled to the reimbursement of excess fares.

(b)         Employees will not be eligible for reimbursement if:

(i)           they are eligible for reimbursement of travelling expenses under clause 13.2; or

(ii)         they have been notified in writing that they will be permanently relocated to that place of work.

(c)          The payment of excess fares to an employee based at home will be calculated from the employee’s office based site.

13.5               First Aid allowance

[13.5 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

Where an employee possesses a current first aid qualification and continuing ability commensurate with that qualification, the employer may assign incidental first aid responsibilities to the employee. Such an employee will be paid an allowance in accordance with the relevant qualification set out below:

Qualification held

Weekly rate
$

% of standard rate

‘Provide First Aid’(Registered Training Reference – HLTAID003) or an equivalent qualification

13.74

49.51

‘Provide Advanced First Aid’ (Registered Training Reference – HLTAID006) or an equivalent qualification

16.89

60.84

‘Occupational First Aid’ (Registered Training Reference – HLTSS00027) or an equivalent qualification

20.73

74.66

13.6               Overtime Meal allowance

(a)          An employee who is entitled to receive overtime payments and who works overtime after the end of their ordinary hours of work for the day, to the completion of or beyond a meal period, without a break for a meal, will be paid a meal allowance at the applicable rate set by the applicable determination made by the Australian Taxation Office as being the reasonable amount for meal allowance expenses, in addition to any overtime.

(b)         A meal allowance is also payable to an employee who:

(i)           is required, after the completion of the employee’s ordinary hours of work for the day, to perform duty after a break for a meal which occurs after that completion and is not entitled to payment for that break;

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

(iii)       is required to perform work on a Saturday, Sunday or public holiday, in addition to the employee’s normal weekly hours of work, extending beyond a meal break and is not entitled to payment for that meal break.

(c)          A meal period means the following periods:

(i)           7.00 a.m. to 9.00 a.m.;

(ii)         12 noon to 2.00 p.m.;

(iii)       6.00 p.m. to 7.00 p.m.; and

(iv)       midnight to 1.00 a.m.

(d)         This allowance is not payable where the employer otherwise pays for or provides for a meal.

13.7               Cadet books and equipment

An employee who is employed as a cadet under this award will be reimbursed (on production of receipts) all compulsory fees and reasonable expenses incurred for books and equipment.

14.                 Higher duties

14.1               Where an employee has been directed to temporarily perform duties at a higher classification level the following provisions apply, subject to clause 14.2:

(a)          An employee directed to perform all of the duties of a higher classification will be paid an allowance equal to the difference between the employee’s own hourly pay rate and the hourly pay rate the employee would receive if promoted to the higher classification.

(b)         An alternative amount, determined by the employer, may be paid where partial performance of higher duties is directed.

(c)          When calculating an employee’s ordinary hourly rate, higher duties allowance (if payable) will be included.

(d)         When performing higher duties an employee will be subject to the terms and conditions relevant to the higher classification.

14.2               Minimum periods

(a)          An employee who is directed to perform continuous higher duties for at least a half day will be regarded as being on higher duties for that full day. The performance of higher duties for less than half a day will be disregarded for all purposes.

(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, unless the employer considers special circumstances exist which justify payment of the allowance.

14.3               Payment of higher duties allowance during periods of paid leave

Where an employee who is in receipt of higher duties allowance takes paid leave or observes a public holiday, payment of higher duties allowances will continue to be paid during this absence.

15.                 Payment of wages

Employees must be paid their salaries weekly or fortnightly as determined by the employer or monthly if mutually agreed. Where payment is made monthly it must be on the basis of two weeks in advance and two weeks in arrears.

16.                 Superannuation

[Varied by PR771430]

16.1               Superannuation legislation

[16.1 substituted by PR771430 ppc 09Apr24]

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

(b)         The rights and obligations in clause 16 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

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

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

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

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

16.2               Employer contributions

An 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.

16.3               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 16.1.

(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 16.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 16.3(a) or (b) was made.

16.4               Superannuation fund

(a)          If an employee is a member of the Commonwealth Superannuation Scheme, the Public Sector Superannuation Schemes, the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with the relevant legislation relating to those arrangements.

[16.4(b) varied by PR771430 ppc 09Apr24]

(b)         Where clause 16.4(a) does not apply, clause 16.4(b) applies instead. Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 16.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 16.2 and pay any amount authorised under clauses 16.2 or 16.3 to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

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

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

Part 5—Hours of Work and Related Matters

17.                 Ordinary hours of work and rostering

17.1               General provisions

(a)          Ordinary hours of work for a full-time employee will be 36.75 hours per week.

(b)         The ordinary hours of work in clause 17.1(a) may be averaged over a period of up to 28 days or the employee’s roster cycle (whichever is longer), and arranged according to the requirements of the workplace.

(c)          An employee may elect, with the consent of the employer, to work makeup time, where the employee takes time off during ordinary hours, and works those hours at a later time during the span of ordinary hours.

17.2               Ordinary hours of work- day workers

(a)          A day worker is a worker who is not a shiftworker.

(b)         Span of hours

(i)           Ordinary hours will be worked between the hours of 8.00 a.m. and 6.00 p.m., Monday to Friday.

(ii)         An alternative 12 hour span may be adopted by agreement between the employer and a majority of the employees concerned, subject to clause 6.

17.3               Flextime

(a)          Flextime is a system which allows an employee to set a pattern of attendance at work subject to the provisions of this clause.

(b)         Flextime will operate, unless the employer:

(i)           considers it necessary, because of essential work requirements, for an employee or group of employees in a workplace to revert to the hours of a standard day for a period; or

(ii)         removes an employee from flextime for a specified period because that employee has failed to comply with the provisions of flextime.

(c)          Flextime will not apply to:

(i)           employees who are required to work according to a shift roster;

(ii)         employees above the salary barrier, unless they work flextime by arrangement with their supervisors.

(d)         Flextime systems will operate consistent with the provisions of this clause, containing arrangements for the standard day and span of hours in accordance with clause 17.2(b) and including matters dealing with settlement period and flex credit and debit.

(e)          The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the supervisor and the employee. An employee’s attendance outside the hours of a standard day but within the span of hours will be subject to the availability of work and the approval of the employee’s supervisor.

(f)           The employer and the majority of affected employees may agree to vary the operation of flextime. The agreement reached will be recorded in the time and wages records kept by the employer in accordance with Division 3 of Part 3-6 of the Fair Work Regulations 2009 (Cth).

(g)          Definitions

A standard day, for the purposes of flextime, is 7 hours and 21 minutes per day for an employee who works 36.75 hours per week;

Settlement period means the ordinary working days over which calculations are made to determine flex credit or flex debit carry over;

Flex credit means the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including any carry over, but does not include time worked as overtime;

Flex debit means the difference between the sum of the standard days in a settlement period and the aggregate amount of time worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after any necessary adjustment has been made for any absence on approved leave and includes any carry over.

17.4               Shiftworkers

(a)          A shiftworker is defined in clause 2.1.

(b)         Ordinary hours may include:

(i)           Night shift;

(ii)         Saturday;

(iii)       Sunday; and/or

(iv)       Public holidays.

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

(d)         Shiftworkers can exchange shifts or rostered days off by mutual agreement, with the consent of the employer. Where a shift is exchanged, this arrangement will not give any employee an entitlement to an overtime payment.

17.5               Part-time

Details of part-time arrangements are outlined in clause 9.4.

17.6               Breaks

An employee must not work for more than five hours without taking an unpaid meal break of at least 30 minutes duration.

18.                 Penalty Rates—Shiftworkers

18.1               General

(a)          Shift penalty payments will not be taken into account in the computation of overtime or in the calculation of any allowance based on salary.

(b)         Shift penalties will not be paid for any shift where another form of penalty payment is paid under this award.

18.2               Shift penalty rates

(a)          A shiftworker will be paid the following penalty rates for all ordinary hours worked by the shiftworker during the following periods:

Ordinary hours worked:

Penalty rate

Casual penalty rate

Ordinary hours/Day shift—no penalty rate

See clause 17.2(b)(i)

Ordinary hourly rate (100%)

Ordinary hourly rate plus casual loading (125%)

Night

Where any part of the shift falls between 6.00 p.m. and 6.30 a.m.

115%

140%

Continuous Night

Where shifts falls wholly within the period 6.00 p.m. and 8.00 a.m. and are worked for a period exceeding four weeks (note- eligibility for part-time shiftworkers is subject to 18.3)

130%

155%

Saturday

All hours

150%

175%

Sunday

All hours

200%

225%

Public Holiday

All hours

250%

275%

(b)         The Saturday, Sunday and public holiday penalty rates are in substitution for, and not cumulative upon, the Night or Continuous Night Penalty Rates.

18.3               Part-time eligibility for Continuous Night penalty rates

Part-time shift-workers will be entitled to continuous night penalty rate only where:

(a)          The employee’s rostered ordinary hours involve the same number of shifts, either per week or on average over a cycle of shifts, as an equivalent full-time employee; and

(b)         The shift worked by a part-time employee is part of a full-time shift, and the full-time shift falls wholly within the hours of 6.00 p.m. and 6.30 a.m.

18.4               Public holiday arrangements for Shiftworkers

(a)          Public holidays are provided for in the NES.

(b)         Additional terms relating to public holidays are set out at clauses 24 and 25 of this award.

(c)          Work on 25 December, whether or not another day has been declared as a substitute holiday, will be considered as a public holiday. This clause does not apply if clause 24.4 applies.

(d)         Where an employee works a cycle of shifts on a regular roster, and they are required to perform work on each day of the week, they will be granted, if practicable, an alternative day off for a public holiday occurring on a day where they had a rostered day off.

(e)          If it is not practicable to grant the employee a day off under clause 18.4(d) the employee will be paid one day’s pay at the ordinary rate.

18.5               Notice of shift change

(a)          Changes to rostered hours of duty can be by mutual consent at any time or by amendment of the roster on seven days’ notice.

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

(c)          The penalty rates in 18.5(b) are not payable where the employer is unable to give seven days’ notice because of the sickness or unanticipated absence of another employee.

18.6               Averaging of shift penalties

The employer and a majority of affected employees may agree to average shift penalties under clause 18.2 over an agreed cycle, subject to clause 6.

19.                 Overtime

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

19.2               Overtime is to be worked by prior direction by the employer. If circumstances do not permit prior direction, overtime may subsequently be approved in writing.

19.3               An employee’s salary for the purpose of calculation of overtime will include any allowance which is payable during a period of annual leave.

19.4               An employer and employee may agree to substitute payment for overtime with the equivalent amount of time off in lieu as defined in clause 2.1. Where time off in lieu of a payment has been agreed, and the employee has not been granted that time off within four weeks or another agreed period, due to operational requirements, payment of the original entitlement will be made.

19.5               For the purpose of determining whether an overtime attendance is continuous with ordinary duty, meal breaks will be disregarded.

19.6               A casual employee is not entitled to casual loading while in receipt of overtime payments.

19.7               Eligibility for overtime and restriction duty

(a)          Employees in a classification paying an hourly rate above the salary barrier are not eligible for overtime payment or restriction allowance, unless otherwise determined by the employer.

(b)         In the case of part-time employees in a classification above the salary barrier, extra work will be paid at the employee’s ordinary hourly rate for work performed outside the ordinary hours prescribed at 9.4(d)(ii), subject to the total of ordinary hours and extra work not exceeding:

(i)           On any one day, a maximum of 7 hours and 21 minutes of ordinary hours of work as applicable to an equivalent full-time employee; and

(ii)         In any week, a maximum of 36.75 ordinary hours of work and extra work as applicable to an equivalent full-time employee.

19.8               Overtime—day workers

(a)          Full time employees

A full-time day worker performs overtime where, on employer directions, they perform work:

(i)           Monday to Friday, outside the span of ordinary hours;

(ii)         Monday to Friday, during the span of ordinary hours but beyond the length of time the employee is formally rostered to work on the day concerned; or

(iii)       on a Saturday, Sunday or public holiday.

(b)         Part-time employees

A part-time day worker performs overtime where, on employer directions, they perform work:

(i)           Which is not continuous with their ordinary hours of work;

(ii)         Which is continuous with their ordinary hours of work, includes a period outside the period of 8.00 a.m. to 6.00 p.m., and the employee has also completed their ordinary hours for the day; or

(iii)       Which is continuous with their ordinary hours of work, falls entirely within the span of hours and causes the employee to work, in any one week, more than the employee’s ordinary weekly hours of work.

where “their ordinary hours of work” refers to the hours described in clause 9.4(d)(ii).

(c)          Casual employees

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

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

·   on a Saturday, Sunday or a public holiday; or

·   in excess of 36.75 hours in a week.

(ii)         The casual loading set out in clause 9.5(b) is not paid for overtime.

(d)         Overtime rates—day workers

Where an employee works overtime and qualifies for overtime rates, the employer must pay the employee the following overtime rates:

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%

19.9               Overtime—Shiftworkers

(a)          A full-time shiftworker performs overtime where, on employer direction, the employee works:

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

(ii)         in excess of the employee’s ordinary weekly hours of work, or over an average of the ordinary weekly hours of work over a cycle of shifts.

(b)         A part-time shiftworker performs overtime where, on employer direction, the employee works:

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

(ii)         the work is in excess of the employee’s prescribed weekly hours of work under clause 9.4(d).

(c)          Casual shiftworkers

(i)           Work will be considered overtime for a casual shiftworker, in a classification where the rate for the classification is below the salary barrier, where it is performed:

·   on any day beyond the normal rostered hours of duty on that day; or

·   in excess of 36.75 hours in a week or an average of 36.75 hours per week over a cycle of shifts.

(ii)         The casual loading set out in clause 9.5(b)is not paid for overtime. 

(d)         Where an employee works overtime, the employer must pay the employee the following overtime rates:

For overtime worked on

Overtime rate

Monday to Friday—first 3 hours

150%

Monday to Friday—after 3 hours

200%

Saturday and Sunday—all day

200%

Public Holiday—all day

250%

19.10           Rest period after overtime

(a)          An employee should be allowed a minimum eight hour break, plus reasonable travelling time, between ceasing overtime and the commencement of their ordinary work the next day, without loss of pay for any ordinary working time involved.

(b)         Where, for operational reasons, an eligible employee is required to resume or continue work without an eight hour rest break, plus reasonable travelling time, they must be paid double time for this period until released from duty.

(c)          They will then be entitled to an eight hour rest break, plus reasonable travelling time. This will be without loss of pay for any ordinary working time involved.

19.11           Minimum overtime payments

(a)          The following minimum overtime payments apply unless the duty is emergency duty in accordance with clause 19.12.

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

(c)          Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime payment beyond the amount which would have been received had the employee remained on duty.

19.12           Emergency duty

Where an employee is called on duty to meet an emergency at a time when they would not ordinarily have been on duty, and no notice of such call was given to the employee prior to them ceasing duty on their last ordinary shift, the employee shall be paid for such emergency duty at the rate of double time. The time for which payment will be made will include time necessarily spent in travelling to and from duty. The minimum payment under this clause will be 2 hours at double time.

19.13           Restriction duty

(a)          An employee may be directed to be contactable and available to perform extra duty outside their ordinary hours of duty, subject to payment under this clause.

(b)         Payment will be subject to the following conditions:

(i)           except with approval of the employer, employees ineligible for overtime under clause 19.7 will not be eligible to receive payment; and

(ii)         the restriction situation will be imposed by the prior written direction of the employer, or will subsequently be approved in writing by the employer where the circumstances did not permit prior direction.

(c)          Where an employee is restricted, they must be paid the following allowance:

For time restricted on

Restriction allowance payable per hour (as a percentage of the employee’s ordinary hourly rate)

%

Monday to Friday

7.5

Saturday and Sunday

10

Public Holiday

15

(d)         Restriction allowance is only payable where an employee is not receiving another payment. An employee who is restricted but recalled to work will be paid in accordance with 19.13(e) or (f).

(e)          Where an employee who has been restricted is required to perform duty, but is not required to come into the workplace, a minimum period of one hour will be considered to have been worked. This will be paid at the applicable overtime rate.

(f)           Where an employee who has been restricted is required to perform duty at the workplace, a minimum period of three hours will be considered to have been worked. This will be paid at the applicable overtime rate.

Part 6—Leave and Public Holidays

20.                 Annual leave

20.1               As provided for under the NES, an employee (other than a casual employee) is entitled to four weeks’ paid annual leave for each year of service.

20.2               Annual leave will be paid at the employee’s ordinary hourly rate.

20.3               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.

20.4               Additional leave for certain shiftworkers

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

(b)         For the purposes of clause 20.4(a), an employee will be considered an eligible shiftworker if rostered to perform ordinary duty:

(i)           Outside the period of 6.00 a.m. to 6.00 p.m., Monday to Friday, and/or

(ii)         On Saturdays, Sundays or public holidays,

for an ongoing or fixed period.

(c)          Part-time employees will be entitled to leave under clause 20.4(a) only where the employee has a shift pattern involving the regular performance of rostered duty on Sundays and public holidays, and having not less than the average number of shifts per week or roster cycle of an equivalent full-time employee.

20.5               Annual leave in advance

(a)          An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b)         An agreement must:

(i)           state the amount of leave to be taken in advance and when it is to be taken; and

(ii)         be signed by the employer and employee.

(c)          The employer must keep a copy of any agreement under clause 20.5(a) as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to a period of paid annual leave already taken in accordance with an agreement under clause 20.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount already paid to the employee in respect of that annual leave taken.

20.6               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.6.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.6.

(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 20.6 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 20.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

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

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

(i)            The employer must keep a copy of any agreement under clause 20.6 as an employee record.

Note 1: Under section 344 of the Fair Work Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.6.

Note 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.6.

20.7               Excessive leave accruals: general provision

Note: Clauses 20.7 to 20.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Fair Work Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 20.4).

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 20.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 20.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

20.8               Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 20.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 20.8(a):

(i)           is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid leave arrangements (whether made under clause 20.7 , 20.8  or 20.9 or otherwise agreed by the employer and employee) are taken into account; and

(ii)         must not require the employee to take any period of paid annual leave of less than one week; and

(iii)       must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)       must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c)          The employee must take paid annual leave in accordance with a direction under clause 20.8(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 20.8(a)  may request to take a period of paid annual leave as if the direction had not been given.

Note 1: Paid annual leave arising from a request mentioned in clause 20.8(d)  may result in the direction ceasing to have effect. See clause 20.8(b)(i) .

Note 2: Under section 88(2) of the Fair Work Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

20.9               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 20.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 20.9(a) if:

(i)           the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii)         the employee has not been given a direction under clause 20.8(a) that, when any other paid leave arrangements (whether made under clause 20.7, 20.8 or 20.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 20.9(a) must not:

(i)           if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid leave arrangements (whether made under clause 20.7, 20.8 or 20.9 or otherwise agreed by the employer and employee) are taken into account; or

(ii)         provide for the employee to take any period of paid annual leave of less than one week; or

(iii)       provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv)       be inconsistent with any leave arrangement agreed by the employer and employee.

(d)         An employee is not entitled to request by a notice under clause 20.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 20.4) in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 20.9(a).

20.10           Payment of accrued annual leave on termination of employment

Where employment ceases, the employee will be entitled to payment in lieu of accrued annual leave. Payment in lieu will be calculated using the employee’s ordinary hourly rate of pay.

20.11           Payment of accrued annual leave on death

Where an employee dies, or the employer has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partner or the legal personal representative of the former employee of an amount that would have been paid if the employee had otherwise ceased employment.

21.                 Personal/carer’s leave and compassionate leave

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

21.2               Employees who are entitled to paid personal/carer’s leave under the NES are entitled to accrue an additional five days of personal/carer’s leave per annum treated in accordance with the provisions of the NES.

21.3               An employee may be granted personal/carer’s leave with pay subject to available credits, without production of evidence, to the extent of five days in any calendar year. No more than three consecutive days of personal/carer’s leave may be taken without production of evidence.

21.4               Where paid personal/carer’s leave credits are exhausted, an employer may grant additional leave with or without pay. To avoid doubt, this clause supplements the entitlement to two days unpaid carers’ leave per permissible occasion provided for by the NES.

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

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

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

22.                 Community service leave

Community service leave is provided for in the NES.

23.                 Parental leave

Parental leave is provided for in the NES.

24.                 Public holidays

24.1               Public holidays are provided for in the NES. The following provisions supplement the NES entitlement.

24.2               If an employee is absent from work on a day or part-day that is a public holiday, the employee will be paid at the employee’s ordinary hourly rate for the employee’s ordinary hours of work on that day or part-day.

24.3               Where an employee works on both Christmas Day and a substitute holiday, one day will attract payment at the public holiday rate and the other day will be paid at the non-holiday Saturday or Sunday rate as appropriate.

24.4               Substitution by agreement

(a)          Where an employer and the employee agree, a day or part day may be substituted for a day or part day that would otherwise be a public holiday under this clause.

(b)         Where an employee cannot work on a day for which a substituted holiday has been granted under clause 24.4(a), the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.

25.                 Additional holiday

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

Christmas Day

Additional Day

Sunday

Wednesday 28 December

Monday

Wednesday 27 December

Tuesday

Monday 31 December

Wednesday

Friday 27 December

Thursday

Monday 29 December

Friday

Tuesday 29 December

Saturday

Wednesday 29 December

25.2               The additional holiday will be paid at the employee’s ordinary hourly rate.

26.                 Family and domestic violence leave

[26 inserted by PR609457 ppc 01Aug18; 26—Leave to deal with Family and Domestic Violence renamed and substituted by PR750431 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.


 

Schedule AExcluded Parties

A.1                 Any agencies which are engaged in intelligence gathering and analysis, and the employees of those agencies, including but not limited to:

(a)          The Australian Security Intelligence Organisation; and

(b)         The Australian Secret Intelligence Service.

A.2                 Employees who are engaged by the Australian Bureau of Statistics under the Australian Bureau of Statistics Act 1975.

A.3                 Employees who are engaged to undertake election related duties during an election period as described under paragraph 35(1) of the Commonwealth Electoral Act 1918 for the purpose of:

(a)          An election, by-election or referenda conducted under the Commonwealth Electoral Act 1918 or the Referendum (Machinery Provisions) Act 1984; or

(b)         A Torres Strait Regional Authority election under Division 5 of Part 3A of the Aboriginal and Torres Strait Islander Act 2005;

A.4                 Employees who are engaged under section 13 of the Governor General Act 1974 as a member of the Governor General’s staff.

A.5                 Employees of the Australian Film, Television and Radio School who were not previously covered by the Australian Film, Television and Radio School Award 2000 (known as PC1s and PC2s).

Note: PC1 means a film, broadcasting or media freelancer engaged on a short term basis to provide specialist expertise and for whom PAYG taxation deductions are made and PC2 means a company or sole trader.


Schedule BClassifications

The following descriptions apply to the classifications outlined in clause 12.3.

B.1                 AG Level 1

(a)          Employees in the AG Level 1 classification would generally be required to work under close direction to undertake routine and basic tasks against clearly defined and established priorities and procedures.

(b)         Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff.

(c)          Such employees may be required to undertake procedural, clerical, administrative support and operational tasks. Employees do not have supervisory or management responsibilities.

B.2                 AG Level 2

(a)          Employees in the AG Level 2 classification would generally be required to undertake straightforward tasks and works under routine direction against established priorities and procedures while exercising some autonomy.

(b)         Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff.

(c)          Employees may be required to undertake procedural, clerical, administrative support and operational tasks and may provide initial coaching and support to new or less experienced colleagues.

B.3                 AG Level 3

(a)          Employees in the AG Level 3 classification would generally be required to undertake straightforward tasks although some tasks may have an element of complexity.

(b)         They work under general direction against established priorities and procedures while exercising some autonomy about how work tasks are performed. Employees at this level are responsible for setting priorities and managing work flow for their role and producing work that is subject to routine monitoring by more senior staff.

(c)          AG Level 3 employees undertake specialist, procedural, clerical, administrative support or operational tasks including some basic research and analysis activities.

(d)         Employees may have a public contact role.

(e)          Work may involve some limited supervision and support of employees at lower levels, as well as on-the-job training of members of a small work team.

B.4                 AG Level 4

(a)          Employees in the AG Level 4 classification would generally be required to undertake tasks of moderate complexity and work under general direction.

(b)         They are accountable for organising their workflow and making decisions within defined parameters relating to the area of responsibility. Employees at this level may exercise some discretion with respect to how legislation, procedures and guidelines are interpreted and applied.

(c)          AG Level 4 employees provide specialist and administrative support that is informed and directed by sound knowledge in specific areas and may undertake some research and analysis activities.

(d)         Employees may have a public contact role and may be required to communicate with and provide advice to a range of external stakeholders.

(e)          Work may involve supervision and leadership of a team with responsibility for coaching and training newer and less experienced members of a small work team.

B.5                 AG Level 5

(a)          Employees in the AG Level 5 classification would generally be required to undertake work that is moderately complex to complex in nature and operate under limited direction.

(b)         They are accountable for organising their workflow and making independent decisions relating to an area of responsibility.

(c)          Employees at this level provide policy advice within an area of specialisation with advice based on policies and legislation.

(d)         Employees undertake specialist or technical research and analysis, conduct investigations, and undertake procedural, clerical, administrative support or operational tasks.

(e)          Employees may have a considerable public contact role and may be required to communicate with and provide advice to a wide variety of customers and external stakeholders.

(f)           Work may include supervision of lower level employees and responsibility for managing staff performance, allocating work and identifying opportunities for on-the-job training.

B.6                 AG Level 6

(a)          Employees in the AG Level 6 classification would generally be required to undertake work that is complex in nature, work under limited direction with the opportunity for reasonable autonomy and accountability.

(b)         Employees at this level exercise both initiative and judgment in the interpretation of policy and in the application of practices and procedures.

(c)          Employees provide detailed technical, professional, and/or policy advice in relation to complex problems and may assist in strategic planning, program and project management and policy development.

(d)         Employees may have a considerable level of public contact in relation to difficult or sensitive issues and may liaise with a range of stakeholders in a representational role.

(e)          Work may involve management responsibilities requiring the setting of priorities and managing workflows.

B.7                 AG Level 7

(a)          Employees in the AG Level 7 classification would generally be required to undertake work that is very complex or sensitive and operate under broad direction.

(b)         They exercise a considerable degree of independence and perform a leadership role.

(c)          Employees at this level exercise sound decision making and judgement to produce high level policy advice.

(d)         Employees engage in complex problem solving and issues management and may coordinate and undertake detailed or sensitive projects that impact on strategic, political or operational outcomes for the employer.

(e)          Employees also responsible for actively managing key stakeholder relationships within and outside the employer and may manage one or more work teams.

B.8                 AG Level 8

(a)          Employees in the AG Level 8 classification would generally be required to undertake work with a high level of complexity or sensitivity and operate under broad direction.

(b)         They exercise a significant degree of independence and perform an important leadership role.

(c)          Employees at this level will be responsible for influencing and developing strategy, policies, priorities and operational practices in support of employer objectives based on high level decision-making and judgement.

(d)         AG Level 8 employees provide a high level of advice to senior management and Ministers as well as coordinating and assuming responsibility for highly complex or sensitive projects or work programs that have strategic, political and/or operational significance.

(e)          Employees are also responsible for initiating, establishing and maintaining strong relationships with key internal and external stakeholders and may lead a work team or teams.


 

Schedule CClassification transitional information

C.1                 The following table outlines how classifications from predecessor awards have been transitioned into the classification structure outlined in clause 12.3.

AG Level 1

ASO Class 1 (junior rates apply)

GSO Level 2 (junior rates apply)

GSO Level 3

GSO Level 4

Cadet practical training (junior rates apply)

Australian Hearing Level 1

Tourism Marketing Officer Class 1 (junior rates apply)

AG Level 2

ASO Class 2

GSO Level 5

GSO Level 6

Research Officer Level 1

Technical Officer Level 1

Australian Hearing Level 2

Tourism Marketing Officer Class 2

AG Level 3

ASO Class 3

GSO Level 7

GSO Level 8

Graduate

Technical Officer Level 2

Industrial Training Officer Grade 1

Academic Level 1

PO Class 1

Legal 1

Valuer Grade 1

Realisation Officer Grade 1

Australian Hearing Level 3

Tourism Marketing Officer Class 3

AG Level 4

ASO Class 4

ITO Class 1

Research Officer Grade 2

Foreign Affairs Officer Class 1

Industrial Training Officer Grade 2

Public Affairs Officer Grade 1

Australian Hearing Level 4

Tourism Marketing Officer Class 4

AG Level 5

ASO Class 5

GSO Level 9

Technical Officer Level 3

Professional Officer Class 1

Academic Level 1

Education Officer Class 5

Senior Industrial Training Officer Grade 1

Senior Research Officer Grade 1

Programs Officer

Dentist Class 1

Veterinary Officer Grade 1

Tourism Marketing Officer Class 5

AG Level 6

ASO Class 6

GSO Level 10

Technical Officer Level 4

ITO Class 2

Professional Officer Class 2

Air Safety Investigator Level 1

Senior Industrial Training Officer Grade 2

Senior Research Officer Grade 2

Education Officer Class 6

Foreign Affairs Officer Class 2

Public Affairs Officer Grade 2

Academic Level 2

Research Scientist

Senior Programs Officer

Veterinary Officer Grade 2

Australian Hearing Level 5

Tourism Marketing Officer Class 6

AG Level 7

Legal 1

Academic Level 2

Research Scientist

Senior Officer Grade C

Senior PO Grade C

Senior ITO Grade C

Senior Officer Grade C

Senior Technical Officer Grade C

Education Officer Class 7

Executive Officer (Industrial Training Section)

Foreign Affairs Officer Class 3

Principal Research Officer

Public Affairs Officer Grade 3

Valuer Grade 2

Valuer Grade 3

Principal Programs Officer

Australian Hearing Level 6

AG Level 8

Air Safety Investigator Level 2

Senior Officer Grade A

Senior Officer Grade B

Academic Level 3

Senior PO Grade B

Senior Research Scientist

Senior ITO Grate A

Senior ITO Grade B

Senior Officer Grade B

Senior Technical Officer Grade B

Legal 2

Senior PO Grade A

Senior ITO Grade A

Senior Officer Grade A

Academic Level 4

Senior PO Grade A

Air Safety Investigator Level 3

Principal Research Scientist

Academic Level 5

Air Safety Investigator Level 4

Senior Principal Research Scientist

Principal Executive Officer (Industrial Training Section)

Education Officer Class 8

Foreign Affairs Officer Class 4

Official Receiver (Sydney)

Senior Public Affairs Officer Grade 1

Senior Public Affairs Officer Grade 2

SPO Grade A (Upper)

Senior Officer (Technical) Grade B;

Veterinary Officer Grade 3

Veterinary Officer Grade 4

Veterinary Officer Grade 5

Dentist Class 2

Dentist Class 3

Dental Specialist

Valuer Grade 4

Valuer Grade 5

Australian Hearing Level 7

Australian Hearing Level 8

   


 

Schedule DEligible employers for the purposes of redundancy

D.1                 For the purposes of clause 11.3 the term eligible employer includes, but is not limited to, the following:

(a)          Australia Council of the Arts

(b)         Australian Film, Television and Radio School

(c)          Australian Institute of Marine Science

(d)         Australian Hearing Services

(e)          Australian Maritime Safety Authority

(f)           Australian Prudential Regulation Authority

(g)          Civil Aviation Safety Authority

(h)         National Gallery of Australia

(i)            Special Broadcasting Service Corporation

(j)           Tourism Australia


 

Schedule EEmployment conditions specific to the employees of the Australia Council for the Arts

E.1                Application

E.1.1           The provisions of Schedule E covers persons employed by the Australia Council for the Arts (Australia Council) unless excluded from coverage under clause 3.3 of this award.

E.1.2           This schedule should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of the award and this schedule the terms of this schedule will prevail.

E.2                Shift work

E.2.1           The provisions of the award with respect to shiftworkers shall not apply to Australia Council. This includes the following provisions of the award:

(a)          clause 2.1 (definition of shiftworker);

(b)         clause 11.10(d) (Rate of payment – redundancy pay);

(c)          clause 17.4 (Shiftworkers);

(d)         clause 18 (Penalty rates – Shiftworkers);

(e)          clause 19.9 (Overtime – Shiftworkers);

(f)           clause 20.3 (Annual leave); and

(g)          clause 20.4 (Additional leave for certain shiftworkers).

E.3                Restriction duty

E.3.1           Reference to restriction duty in this award will not apply to the Australia Council, as detailed in clause 19.13.

E.4                Access to part time employment

E.4.1           An employee returning to duty from maternity leave will, on application by the employee, be given access to part-time employment.


 

Schedule FEmployment conditions specific to the Australian Film, Television and Radio School

[Varied by PR592254, PR592412, PR606479, PR606627, PR704113, PR707812, PR707598, PR718971, PR719121, PR729418, PR729595, PR740843, PR740999, PR762262, PR762427]

F.1                Application

F.1.1            The provisions of Schedule F cover persons employed by the Australian Film, Television and Radio School unless excluded from coverage under clause 3.3 of this award.

F.1.2            This schedule should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of the award and this schedule the terms of this schedule will prevail.

F.2                Definitions in this schedule

AFTRS means the Australian Film, Television and Radio School.

Salary barrier means the minimum hourly rate payable to an employee at the AFTRS Level 7 classification. A classification is ‘below’ the salary barrier where the pay rate for the classification is less than the minimum pay rate payable to an AFTRS Level 7. A classification is ‘above’ the salary barrier where the minimum pay rate is not less than the minimum pay rate payable to an AFTRS Level 7.

F.3                Redundancy

F.3.1            This clause applies in addition to the provisions contained in clause 11 of the award.

F.3.2            For the purposes of this clause “ongoing employee” means an employee engaged to be employed on a continuing basis.

F.3.3            Instead of clauses 11.5 to 11.9 of the award, where AFTRS makes a decision under clause 11 of the award to terminate the employment of an employee in the AFTRS classification stream who is not an ongoing employee, subject to the minimum redundancy payments in the NES the employee will be entitled to a redundancy payment equivalent to one months’ salary for each uncompleted year of their contract of employment to a maximum amount equivalent to 3 months’ salary.

F.3.4            The maximum sum payable as redundancy pay for employees engaged in the Teaching/Training classification stream is 52 weeks’ salary.

F.4                Classifications

F.4.1            For the classification structures contained in this Schedule, assessment of the appropriate structures and levels will be consistent with the relevant Work Level Standards in this Schedule.

F.4.2            Employees engaged in these classifications will perform such duties required as are within the limits of the employee’s skill, competence and training, consistent with the classification structures in this Schedule.

F.4.3            AFTRS employs two broad categories of employees:

(a)          AFTRS stream employees – who undertake administrative, technical and production based operational support duties, and

(b)         Teaching/Training stream employees – who undertake teaching or training related duties.

F.5                Minimum pay rates

F.5.1            This clause applies in place of clauses 12.1, 12.2 and 12.3 of the award.

F.5.2            Employees performing work within the classifications listed in this Schedule will be paid not less than the hourly rate applicable to the employee’s classification subject to the provisions of clause 14.1(b) of this award (partial performance of higher duties).

F.5.3            The minimum annual salary for a classification is calculated by reference to the following formula:

Annual Salary = Minimum Hourly Pay Rate x 73.5 x (313/12)

F.5.4            AFTRS and Teaching/Training Classifications

[F.5.4 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

The minimum hourly rate for an adult employee performing work in the following classifications is set out in the following table.

Classification Level

Minimum Annual Pay Rate

(36.75 hours/week)

$

Minimum Hourly Pay Rate

$

AFTRS level 1

50,229

26.20

AFTRS level 2

54,504

28.43

AFTRS level 3

59,201

30.88

AFTRS level 4

63,054

32.89

AFTRS level 5

68,020

35.48

AFTRS level 6

72,141

37.63

AFTRS level 7

82,379

42.97

AFTRS level 8

87,153

45.46

Teaching/Training level B

77,318

40.33

Teaching/Training level C

92,674

48.34

Teaching/Training level D

106,630

55.62

Teaching/Training level E

129,713

67.66

F.6                Part day travelling allowance

F.6.1            This clause applies in lieu of the reimbursement provisions provided at clause 13.2 for part day travel.

[F.6.2 varied by PR592412, PR606627, PR704113, PR707812, PR719121, PR729595, PR740999, PR762427 ppc 01Jul23]

F.6.2            Part day travelling allowance of $58.58 will be paid to an employee who is required to be absent from the employee’s usual place of work on official business for a period of not less than 10 hours but who is not absent overnight.

F.7                Excess travel time

F.7.1            This clause applies in place of clause 13.3(a)(i):

(a)          the employee’s salary not exceeding the rate for a AFTRS Level 4.

F.8                Higher duties

F.8.1            This clause applies in place of clause 14.2(a) of the award:

(a)          An employee who is directed to perform higher duties will receive a minimum payment of one day’s higher duties allowance subject to clause 14.2(b) of the award.

F.9                Emergency duty

F.9.1            This clause applies in addition to clause 19.12 of the award:

(a)          Where the CEO determines for health and safety reasons that respite from duty be granted to an employee who has been called up for emergency duty, the employee will be relieved from duty on their next regular period of ordinary duty, without deduction from their salary, for a period not exceeding the number of hours emergency duty worked. The period of relief from duty will not extend into a second day of ordinary duty.

(b)         This clause will not apply to employees whose duty for the day is varied by alteration of the commencement of the scheduled ordinary duty to meet an emergency.

F.10           Personal/Carer’s Leave and Compassionate Leave

F.10.1        Clause F.10 applies in addition to clause 21 of the award.

F.10.2        AFTRS will credit an employee commencing employment with additional Personal/Carer’s leave for personal illness or injury if they are eligible for recognition of prior service under the Long Service Leave (Commonwealth Employees) Act 1972 and they commence duty with AFTRS not more than 2 calendar months after the end of the previous period of employment.

F.11           Work Level Standards

F.11.1        This clause applies in place of Schedule B to the award.

F.11.2        AFTRS Stream Classifications

(a)          Definitions

(i)           Under direct supervision – Employees are usually given a few easily understood instructions with deadlines and priorities for task completion. Work is normally subject to progress checks and the final product or results are usually checked. The employee may be expected to use some judgement in carrying out routine recurring assignments, however deviations, problems or unfamiliar situations not covered in general instructions are referred to the supervisor.

(ii)         Under close direction / Close technical guidance – Employees undertake a range of tasks which are routine in nature with limited responsibility for the final outcomes. Detailed technical instructions are given on what is required and the method of approach. Assistance is readily available. Limited discretion is available to select the appropriate means of completing the tasks.

(iii)       Under general supervision / Technical guidance – Employees are provided with general instructions usually covering only the broader aspects of the work or where there are unusual situations which do not have clear precedents. Some latitude to select the appropriate method and sequence in completing tasks. Employees normally make involved decisions within the confines of this knowledge. Tasks may be subject to progress checks.

(iv)       Under limited supervision – Employees are expected to have a broad trade or subject matter knowledge and wide experience so work is in accordance with broadly based standing instructions requiring little guidance. Progress and performance would normally only be inspected at irregular intervals.

(v)         Under general direction / limited guidance – Employees will normally be given a clear statement of objectives for an activity and will require little guidance during the performance of the work. Performance is usually measured in terms of the achievement of stated objectives to agreed standards established by senior management. As competent technically will require little technical guidance.

(vi)       Under limited direction / broad guidelines – Employees are provided with a clear statement of overall objectives and the resources available. In conjunction with their supervisor they decide on projects and assignments to be carried out and set deadlines. May work with considerable autonomy. Fully competent and very experienced in a technical sense so rarely require guidance. May contribute to the determination of objectives. Have the authority to plan and carry out assignments.

(vii)     With technical independenceEmployees are technical specialists responsible for technical policy within their function areas. They have extensive experience within, and a comprehensive knowledge of, their functions so exercise substantial independence and discretion in relation to those functions.

(viii)   Under broad direction – Employees are normally given a statement of the most important overall continuing results which must be accomplished in a major category of work. Expected to develop and achieve objectives and standards for specific functions under their control that will ensure the attainment of the results required by senior management.

(ix)       Straightforward is work in which tasks or activities are clear cut and directly related to the person’s experience and training. Actions or responses to be made can be readily discerned.

(x)         Moderately complex requires the application of established principles, practices and procedures in combination to tasks, activities or a function. There may be occasions when assistance will be sought. The work may involve planning.

(xi)       Very complex involves the application of a sound knowledge of established principles, practices and procedures as they affect all aspects of a range of activities or a function. Considerable judgement is required and the work requires the bringing together of a range of elements and the determination of a method of approach from a range of alternatives. In-depth technical knowledge and insight may be required.

(xii)     Particularly complex involves the application of in-depth technical knowledge to an activity. The work regularly addresses major areas of uncertainty and demands critical choices between alternatives.

(xiii)   Limited management responsibility – Responsible for the use, deployment and control of resources within a facility, project team, section or medium sized workshop. Subject to regular liaison with the next level of management. The manager is normally based within the work area concerned.

(xiv)   Moderate management responsibility – Responsible for the use, deployment and control of resources within a facility project team, section or large sized workshop. Directs and coordinates the activities of a range of employees working across a function.

(xv)     High management responsibility – Exercises considerable independence and discretion in the use, deployment and control of resources, within the limits of an agreed program of work. The work of the functional organisation or facility concerned, regardless of its size, would be critical to a significant program. The positions would be at the highest operational levels of the functional organisation or facility.

(b)         AFTRS 1

(i)           Employees at this classification work under general supervision and undertake a combination of routine administrative and/or manual duties. The work requires the application of basic skills and routines and may involve liaison with students, employees or members of the public.

(ii)         Employees may assist more senior employees in their work and may be required to exercise some judgement in deciding how tasks are to be performed.

(iii)       Administrative employees at this level have no supervisory responsibilities although more experienced employees may assist new employees by providing guidance and advice, and may assist students in meeting AFTRS’ administrative requirements. In some cases employees may be required to perform duties independent of close direction. These duties, however, will be routine in nature.

(iv)       Non-administrative employees at this level may supervise the day-to-day work of less experienced employees or contractors. They may also be required to operate plant, equipment and vehicles requiring more than a basic level of skill.

(c)          AFTRS 2

(i)           Administrative employees at this level work under general direction and their work is subject to regular checks. There is scope for employees to exercise initiative in applying established work practices and procedures. Employees at this level may have a supervisory role including on-the-job training of subordinate employees. Some employees may provide secretarial/administrative support to senior staff.

(ii)         Non-administrative employees at this level may:

·   perform trade work requiring a high level of trade skill under general supervision;

·   employ initiative and judgement above that at the general trades level;

·   operate vehicles and equipment requiring an advanced level of skill under limited direction;

·   under limited supervision, supervise, plan and coordinate the work of a small work team undertaking predominantly a variety of manual tasks;

·   undertake straightforward technical practitioner work under close technical guidance;

·   exercise initiative and judgement in solving day to day operations problems, or

·   maintain records and undertake basic reporting.

(d)         AFTRS 3

(i)           Employees at this level usually work under general direction. Problems faced may be complex and require the application of judgement and initiative to resolve.

(ii)         Employees at this level may be required to plan and coordinate work across a number of areas or activities and apply communication and liaison skills.

(iii)       Supervisory positions at this level may undertake complex operational work and assist with or review the work undertaken by subordinate employees or other team members. They may be responsible for providing on-the-job training, and undertaking employee assessment and performance counselling.

(iv)       Employees at this level may perform as technical practitioners where straightforward tasks or activities are undertaken under technical guidance. There may be limited oversight of the work of subordinate non-technical employees.

(e)          AFTRS 4

(i)           Employees at this classification level usually work under general direction within clear guidelines on functions requiring the application of knowledge, skills and techniques appropriate to the AFTRS’ activities. Work may cover a range of tasks involving administration or services relevant to students, other employees, or administration support to senior staff together with provision of on-the-job training for subordinate employees.

(ii)         Supervisors at this level monitor work practices and work flow, set priorities within a work area, develop local procedures, and supervise and develop staff.

(iii)       Work at this level may include interpreting AFTRS practices, procedures, guidelines and instructions or legislation regulations and other material relating to AFTRS operations.

(iv)       Employees at this level may be required to communicate within parameters decided by senior management.

(f)           AFTRS 5

(i)           Employees at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with AFTRS’ objectives.

(ii)         Work at this level may include preparing preliminary papers, drafting complex correspondence for senior staff, undertaking tasks of a specialist or detailed nature, and providing or interpreting information for students or other interested parties.

(iii)       Employees at this level may exercise specific process responsibilities including overseeing and coordinating the work of subordinate employees together with on-the-job training.

(iv)       Employees at this level may supervise and develop staff, set priorities, monitor work flow, and develop local strategies or work practices.

(v)         Employees in this classification are required to negotiate and liaise with clients or other interested groups and must have strong liaison and communication skills.

(vi)       Employees at this level may be required to investigate, interpret or evaluate information where legislation regulations, instructions or procedural guidelines do not give adequate or specific answers.

(vii)     Technical staff at this level perform moderately complex tasks as technical practitioners under limited guidance.

(viii)   Production staff at this level have extensive experience in relevant areas and exercise a high degree of initiative, independent judgement and leadership in solving complex operational problems.

(g)          AFTRS 6

(i)           Employees at this classification level may manage the operations of a Section under general direction to achieve results in line with the AFTRS objectives.

(ii)         Supervision at this level may include exercising technical or professional skills or judgement, providing on-the-job training, identifying training and development needs, monitoring performance, as well as setting priorities, monitoring work flow, developing local strategies, and allocating resources.

(iii)       Employees at this level may be required to undertake research, prepare papers, investigate and present information with recommendations for decision by senior staff, draft responses to complex correspondence, and undertake tasks of a technical nature.

(iv)       Employees at this level may be required to represent AFTRS within parameters established by senior management.

(v)         Technical employees at this level are technical practitioners, specialists or managers. They undertake very complex activities with limited guidance and moderately complex activities are undertaken within broad guidelines.

(h)         AFTRS 7

(i)           Employees at this level work under general direction, usually manage the operations of an organisational element, undertake a management function, or provide administrative technical or professional support to a particular program, activity or service.

(ii)         Employees at this level may provide advice including policy, administrative, technical or professional. They undertake tasks related to the management or administration of a program or activity including high level research, project management, policy development or drafting of submissions.

(iii)       Employees at this level generally liaise with other government agencies, community organisations, industry bodies, or other organisations or individuals on behalf of AFTRS and may represent AFTRS at meetings, conferences or seminars.

(iv)       Supervisors at this level are required to manage, assess, train and develop staff.

(i)            AFTRS 8

(i)           Employees at this classification level usually work under the broad direction of a Senior Executive and control an organisational element involved in the administration or coordination of a specific program, activity or support function.

(ii)         Employees at this level contribute to the development, carriage and marketing of new policies and/or devising new ways of adapting AFTRS’ existing strategies to new or externally generated requirements.

(iii)       Employees at this level may: develop policy; provide high level policy, financial, specific subject matter or administrative advice, or undertake high level project work.

(iv)       Employees at this level are required to actively represent AFTRS with external parties, including government, often to completion.

F.11.3        Teaching/Training Stream Classifications

(a)          Teaching/Training B

(i)           Employees at this level make a contribution to the departmental teaching function, contribute to research and professional activities, and keep up to date with industry developments and trends.

(ii)         Teaching and training related duties at this level may include:

·   conducting tutorials, practical classes, demonstrations, workshops and student productions;

·   conducting investigations into current developments in the screen and broadcasting industries;

·   initiation and development of course materials;

·   preparation and delivery of lectures and seminars;

·   consultation with and supervision of students;

·   marking and assessing;

·   conduct of research, and

·   involvement in professional activity.

(iii)       Employees at this level will undertake administrative tasks and may participate in management.

(b)         Teaching/Training C

(i)           Employees at this level are expected to make a significant contribution to the teaching function of the department and to play a major role in the department’s teaching, research and professional activities.

(ii)         Employees at this level provide academic leadership to less senior employees.

(iii)       Teaching and training related duties at this level may include:

·   conducting tutorials, practical classes, demonstrations, workshops and student productions;

·   conducting investigations into current developments in the screen and broadcasting industries;

·   development of components of curriculum/programs of study;

·   preparation and delivery or lectures and seminars;

·   supervision of students’ training development;

·   marking and assessment;

·   student consultation;

·   conduct of research as appropriate and/or provision of leadership of a research team, and

·   contribution to the profession.

(iv)       Employees at this level will undertake administrative tasks and participate in management.

(c)          Teaching/Training D

(i)           Employees at this level are expected to make a major contribution to all activities of the department and/or the profession and/or AFTRS.

(ii)         Employees at this level will provide academic leadership and have supervisory responsibilities for less senior employees.

(iii)       Teaching and training related duties at this level may include:

·   conducting tutorials, practical classes, demonstrations, workshops and student productions;

·   conducting investigations into current developments in the screen and broadcasting industries;

·   developing curriculum/programs of student;

·   initiation and development of course material;

·   course coordination;

·   marking and assessment;

·   preparation and delivery of lectures and seminars;

·   supervision of students, and

·   student consultation.

(iv)       Employees at this level will conduct research including, where appropriate, leadership of a research team, liaise with other screen and broadcast educational institutions, and contribute to the profession including leadership.

(v)         Employees at this level will undertake administrative tasks and have a major role in AFTRS management.

(d)         Teaching/Training E

(i)           Employees at this level provide academic leadership to AFTRS evidenced through contributions to teaching, research, and professional activities.

(ii)         Employees at this level display a continuing high level of personal commitment to, and achievement in, a particular scholarly area and remain up to date with industry developments and trends.

(iii)       Employees at this level participate and provide leadership in community affairs, particularly those related to screen and broadcasting disciplines in professional, commercial and industrial sectors where appropriate.

F.12           Adjustment of Allowances

F.12.1        Adjustment of expense related allowances

(a)          At the time of any adjustment to the standard rate, each expense related allowances will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement is the applicable index figure.

(b)         The applicable index figure is the index figure most recently published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance

Clause

Applicable
Consumer Price Index figure

Part day travelling allowance

F.6.2

All groups

   


 

Schedule GEmployment conditions specific to employees of the Australian Institute of Marine Science

G.1              Application

G.1.1           The provisions of Schedule G only cover employees employed by the Australian Institute of Marine Science.

G.1.2           This schedule should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of the award and this schedule the terms of this schedule will prevail.

G.2              Moving Household

G.2.1           Where an employee is transferred at the same or lower classification and it is necessary for the employee to move household to a new locality, the employee will be entitled to all reasonable expenses associated with that move.

G.3              Access to part time employment

G.3.1           An employee returning to duty from maternity leave will, on application by the employee, be given access to part-time employment.


 

Schedule HEmployment conditions specific to employees of Australian Hearing Services

[Varied by PR592254, PR592412, PR606479, PR606627, PR704113, PR707812, PR707598, PR718971, PR719121, PR729418, PR729595, PR740843, PR740999, PR750904, PR762262, PR762427]

H.1              Application

H.1.1           The provisions of Schedule H only cover employees employed by Australian Hearing Services (Australian Hearing).

H.1.2           This schedule should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of the award and this schedule the terms of this schedule will prevail.

H.2              Restriction duty

Employees in classifications above the salary barrier remain eligible to receive an allowance pursuant to clause 19.13 of the award. For the avoidance of doubt, any such employees must satisfy all other applicable eligibility requirements before they qualify for payment of the allowance.

H.3              Overtime and time off in lieu

H.3.1           This clause supplements the overtime and time off in lieu provisions of the award.

H.3.2           Where Australian Hearing and the employee agree, time off in lieu may also be granted in lieu of overtime provided for under the award on an hour-for-hour basis with an entitlement to a residual payment. For example, three hours’ time off plus three hours pay at half time, in lieu of three hours overtime at time and a half.

H.4              Shift work

H.4.1           The provisions of the award with respect to shiftworkers shall not apply to Australian Hearing. This includes the following provisions of the award:

(a)          clause 2.1 (definition of shiftworker);

(b)         clause 11.10(d) (Rate of payment – redundancy pay);

(c)          clause 17.4 (Shiftworkers);

(d)         clause 18 (Penalty rates – Shiftworkers);

(e)          clause 19.9 (Overtime – Shiftworkers);

(f)           clause 20.3 (Annual leave); and

(g)          clause 20.4 (Additional leave for certain shiftworkers).

H.5              Part-day travelling allowance

H.5.1           This clause applies in lieu of the reimbursement provisions provided at clause 13.2 for part day travel.

[H.5.2 varied by PR592412, PR606627, PR704113, PR707812, PR719121, PR729595, PR740999, PR762427 ppc 01Jul23]

H.5.2           An employee who is required to be absent from the employee’s usual place of work on official business for a period of not less than 10 hours but is not absent overnight, may be paid a part-day travelling allowance of $66.45 per day.

H.6              Community language allowance

[H.6.1 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

H.6.1           Where, in providing client or staff services, Australian Hearing determines there is a continuing need to utilise an employee’s particular language skills for communication, (in languages other than English or utilising deaf communication skills), and the employee’s language competence is of the standard set out in the following table, an allowance is payable in accordance with the rate adjacent to that standard.

Standard

Level of competence

Rate per annum

$

CLA rate 1

An employee who:

passes the Language Aide Test conducted by the National Accreditation Authority for Translators and Interpreters (NAATI); or

is recognised by NAATI to possess equivalent proficiency; or

is assessed to be at the equivalent level by an individual or body approved by the employer; or

is waiting to be assessed by the above means and whose supervisor certifies that the employee uses the language skills to meet operating requirements of the workplace, until such time as assessment is completed.

1228.19

CLA rate 2

An employee who:

is accredited or recognised by NAATI at the Paraprofessional Interpreter level or above; or

is assessed to be at the equivalent levels by an individual or body approved by the employer.

2456.34

H.7              Parental leave

H.7.1           Parental leave is provided for in the NES. The following provisions supplement the NES entitlement.

H.7.2           An employee is an eligible employee for the purposes of the provisions of this clause if:

(a)          the employee is a part-time or full-time employee; and

(b)         the employee has at least 12 months’ continuous service with Australian Hearing.

H.7.3           For the purpose of this clause, continuous service includes the employee’s period of employment with Australian Hearing and prior employment that is continuous with Australian Hearing employment, as follows:

(a)          employment under the Public Service Act 1999;

(b)         employment with an authority prescribed by the Maternity Leave Regulations;

(c)          employment as a person described under the Maternity Leave Regulations; or

(d)         employment with an employing authority established for a public purpose by a Commonwealth statute.

H.7.4           An eligible employee who is the primary caregiver to their child will be entitled to up to 12 weeks’ paid parental leave after the birth of their child.

H.7.5           The rate of pay for the period of paid absence will be calculated as for personal / carer’s leave on full pay.

H.7.6           Where an employee on parental leave applies for paid leave at any time after the expiration of the required absence, and is eligible for that leave, the application will be granted.

H.7.7           Periods of paid leave during parental leave will count as service for all purposes. For employees with less than 12 months’ qualifying service, the first 12 weeks of parental leave will count as service for all purposes, whether or not the leave is with pay. Otherwise, periods of unpaid parental leave will not count as service for any purpose but do not break an employee’s continuity of service.

H.7.8           An employee returning to duty from maternity leave will, on application by the employee, be given access to part time employment.

H.8              District Allowance

H.8.1           An employee residing in a locality listed in H.8.6 is entitled to be paid district allowance.

H.8.2           The annual rate at which district allowance is payable to an employee is specified in H.8.7.

[H.8.3 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

H.8.3           Eligible dependant / eligible partner is a dependant or partner who resides with the employee and whose income, if any, is less than $25,021.65 per annum.

H.8.4           An employee with a spouse or partner who is also entitled to the payment of district allowance under H.8.1 will be regarded as an employee without dependants for the calculation of district allowance.

H.8.5           Where an employee is entitled to the payment of district allowance on the day immediately prior to the commencement of a period of annual leave, the payment of district allowance will continue during the annual leave, irrespective of where the employee resides during the leave.

H.8.6           Localities for district allowance purposes

Grade A

Grade B

Broken Hill (NSW)

Atherton (Qld)

Cairns (Qld)

Innisfail (Qld)

Townsville (Qld)

Alice Springs (NT)

Darwin (NT)

H.8.7           Rates of district allowance

[H.8.7 varied by PR592412, PR606627, PR704113, PR707812, PR719121, PR729595, PR740999, PR762427 ppc 01Jul23]

District Allowance Grade

Employee with 1 or more eligible dependants and/or partner

$

Employee without eligible dependants

$

A

2390

1202

B

5774

3149

H.8.8           This clause H.8 District Allowance ceases to operate at the end of the period of 4 years starting on the day on which this award commences.

H.9              Removal expenses

H.9.1           Eligible relocated employee means:

(a)          an employee relocated from one locality to another:

(i)           in the interest of Australian Hearing or on promotion;

(ii)         on account of an illness which justifies the relocation;

(iii)       on transfer to a locality listed in H.8.6;

(iv)       after the employee has been stationed at one or more of the localities listed in H.8.6 for a continuous period of not less than three years;

(v)         upon a disciplinary transfer to other duties;

(vi)       in the case of an excess employee, on transfer at the same or lower classification; or

(b)         an employee transferred from one locality to another for a period of not less than 13 weeks as a result of a temporary assignment of duties at a higher classification.

H.9.2           An eligible employee is entitled to be paid:

(a)          the cost of conveyance of the employee, dependants and partner by the most economical means;

(b)         the reasonably incurred cost of removal of furniture and household effects of the employee, dependants and partner; and

[H.9.2(c) varied by PR729595, PR740999, PR762427 ppc 01Jul23]

(c)          the reasonably incurred expenses in kennelling and transporting a pet or pets, to a total amount not exceeding $214.64;

(d)         from the locality resided in immediately prior to the relocation to the new locality.

H.9.3           Where Australian Hearing has authorised that travel under clause H.9.2 may be undertaken by private motor vehicle, the employee will be entitled to payment under clause 13.1 of the award.

H.9.4           Where an employee retires or dies, Australian Hearing may authorise the payment of the expenses reasonably incurred by the employee, dependants and partner of the employee in respect of conveyance and removal of furniture and household effects.

H.9.5           Other employees

Where an employee engaged for a specified term or a specified task who has been continuously employed by Australian Hearing, and whose costs of conveyance and removal on engagement were met by Australian Hearing ceases employment, other than as the result of disciplinary action, resignation or application to relocate from a remote locality, Australian Hearing may authorise a discretionary payment of reasonable conveyance and removal costs to the employee’s residence prior to engagement.

H.9.6           Disturbance allowance

Where the household effects of an eligible employee under H.9 are removed from one locality to another as a consequence of the employee’s relocation for a period of not less than 12 months, the employee will be paid the following:

[H.9.6(a) varied by PR592412, PR606627, PR704113, PR707812, PR719121, PR729595, PR740999, PR762427 ppc 01Jul23]

(a)          a single allowance to offset non-reimbursed costs associated with the removal in accordance with the rates set out in the following table:

 

$

Employee without dependents or partner

666.16

Employee with one or more dependants or partner

1392

Additional payment where dependent child is a full-time student

264.25

additional payment per child

(b)         reimbursement of reasonably incurred costs associated with the connection or reconnection of a telephone service at the new locality if the employee had a telephone service at the previous locality; and

(c)          reimbursement of expenses incurred in respect of one motor vehicle owned by the employee for stamp duty on registration, establishment fee for the transfer of the employee’s driving licence, and establishment fee for the transfer of the vehicle’s registration.

H.9.7           The provisions of this clause will not apply to an employee eligible to be reimbursed for the cost of conveyance and removal under H.9.1(b).

H.10          Remote localities leave fares – reimbursement

H.10.1       Definitions

In this clause:

certified duties means duties, the performance which Australian Hearing has certified in writing as critical to the operating efficiency of the agency.

[H.10.1(a) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

(a)          eligible dependant / eligible partner is a dependant or partner of the employee who resides with the employee, and whose income (if any) is less than $25,021.65; per annum;

(b)         fare means air fare;

(c)          leave fare means:

(i)           cost of return fares to the nearest capital city; or

(ii)         in respect of clauses H.10.2(g) and H.10.2(h), where travel is between the former capital city of the employee and the new locality, cost of return fares reasonably incurred; or

(iii)       in respect of clauses H.10.2(g) and H.10.2(h), where travel is to a destination other than the former capital city, the amount payable had the travel been from the new location to the former capital city;

(d)         the nearest capital city means:

(i)           where the employee is stationed in the Northern Territory - Adelaide; or

(ii)         in any other case - the capital city of the State which is the closest in distance to the employee’s usual place of work; and

(e)          period of service at locality means service at the locality or at another locality listed in H.10.3 which is continuous with the present period of service at the locality (other than a period of service exceeding one week for which the employee is not entitled to be paid salary).

H.10.2       Eligibility

(a)          An employee at a remote locality listed in H.10.3 is entitled to fares assistance to travel from and return to the locality for leave of absence. The employee is also entitled to fares assistance for eligible dependants or an eligible partner to travel from and return to the locality.

(b)         An employee permanently stationed at a locality listed in Grade A of H.10.3 is entitled to be reimbursed for a leave fare once each year for the employee and each eligible dependant or eligible partner. The leave fare accrues on arrival at the locality.

(c)          An employee permanently stationed at a locality listed in Grade B of H.10.3 is entitled to be reimbursed for a leave fare once every two years for the employee and each eligible dependant or eligible partner. The leave fare accrues on arrival at the locality.

(d)         An employee stationed for a fixed period not exceeding two years and three months at a locality listed in Grade A of H.10.3 is entitled to be reimbursed for a leave fare in respect of the first year of service at the locality for the employee and each eligible dependant or eligible partner.

(e)          An employee stationed for a fixed period which exceeds two years and three months at a locality listed in Grade A of H.10.3 is entitled to a leave fare in respect of each year of service, other than the final year of service, at the locality for the employee and each eligible dependant or eligible partner.

(f)           An employee stationed for a fixed period which exceeds two years and three months at a locality listed in Grade B of H.10.3 is entitled to a leave fare in respect of each two years of service, other than the final two years of service, at the locality for the employee and each eligible dependant or eligible partner.

(g)          On completion of the fixed period an employee is entitled to be reimbursed costs of fares from the usual place of work to the former capital city for the employee and each eligible dependant or eligible partner.

(h)         An employee who is moved on completion of the fixed period to a locality other than his former capital city will be reimbursed the cost of reasonable fares:

(i)           from the usual place of work to the former capital city; and

(ii)         from the former capital city to the new locality.

(i)            An employee temporarily stationed at a locality listed in Grade A of H.10.3, who will continue to be stationed at the locality at the end of the leave of absence, is entitled to a leave fare in respect of the second year and each subsequent year of the present period of service at the locality for the employee and each eligible dependant or eligible partner.

(j)           An employee temporarily stationed at a locality listed in Grade B of H.10.3, who will continue to be stationed at the locality at the end of the leave of absence, is entitled to a leave fare in respect of each two years of the employee’s present period of service, other than the first two years of service at the locality for the employee and each eligible dependant or eligible partner.

(k)         Where an employee who has not utilised all or part of two previously accrued entitlements becomes eligible for a third entitlement to reimbursement of airfares under H.10.2(b) to H.10.2(h), the first entitlement, or any remaining part of the first entitlement, will lapse.

H.10.3       Classification of localities for leave fare purposes

Grade A

Grade B

Alice Springs (NT)

Darwin (NT)

Atherton (Qld)

Cairns (Qld)

Innisfail (Qld)

Townsville (Qld)

H.10.4       Reunion visits

(a)          Where an employee performs certified duties for a fixed period, has dependants and/or a partner residing at the former locality, and is not accompanied by the dependants and/or the partner, the employee will be entitled to reimbursement for the cost of travel for the purpose of reunion with the dependants and/or the partner.

(b)         Under clause H.10.4(a), the employee may elect to be reimbursed an amount equal to six reunion visits by economy class return travel by air in any one year commencing on the day that the employee commenced the term transfer.

(c)          Australian Hearing may authorise travel for the purpose of reunion to a locality other than the former locality, provided that the employee pays the amount (if any) by which the cost of fares to the other locality exceeds the cost of the economy class air travel to the former locality.

H.10.5       Travel other than by air

Where Australian Hearing authorises travel under this clause other than by air, the employee will be entitled to:

(a)          the payment of an allowance under clause 13.1 of the award, where travel is by private motor vehicle; and

(b)         where travel is other than by use of a private motor vehicle, the employee is entitled to the lesser of:

(i)           reimbursement of costs reasonably incurred; or

(ii)         the amount the employee would have been entitled to be reimbursed had travel been by air.

H.11          Adjustment of Allowances

H.11.1       Adjustment of wage related allowances

[H.11.1(a) substituted by PR750904 ppc 15Mar23]

(a)          The amount of each wage-related allowance in Schedule H is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

(b)         Summary of wage related allowances

[H.11.1(b) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

Allowance

Clause

Payable

% of standard rate

$

Community language allowance – CLA rate 1

H.6.1

Yearly

4424.31

1228.19

Community language allowance – CLA rate 2

H.6.1

Yearly

8848.48

2456.34

District Allowance – Eligible dependant/eligible partner income

H.8.3

Yearly income less than

90135.64

25,021.65

District Allowance – Eligible dependant/eligible partner income

H.10.1(a)

Yearly income less than

90135.64

25,021.65

H.11.2       Adjustment of expense related allowances

(a)          At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement is the applicable index figure.

(b)         The applicable index figure is the index figure most recently published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance

Clause

Applicable Consumer Price Index figure

Part day travelling allowance

H.5

All Groups

District Allowance

H.8.7

All Groups

Pet kennelling and transport

H.9.2(c)

Transport

Disturbance allowance

H.9.6(a)

All Groups

   


 

Schedule IEmployment conditions specific to the Australian Maritime Safety Authority

[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR750904, PR762262]

I.1                  Application

I.1.1              The provisions of Schedule I only cover employees employed by the Australian Maritime Safety Authority.

I.1.2              This schedule should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of the award and this schedule the terms of this schedule will prevail.

I.2                  Definitions in this schedule

AMSA means the Australian Maritime Safety Authority.

Salary barrier as defined in clause 2.1 will mean the minimum annual salary payable to an employee at the AMSA Level 6 classification. A classification is ‘below’ the salary barrier where the pay rate is less than the minimum pay rate payable to an AMSA Level 6 classification. A classification is ‘above’ the salary barrier where the minimum pay rate is not less than the minimum pay rate payable to an AMSA Level 6 classification.

Chief Executive Officer means the person appointed by the Minister to the office of Chief Executive Officer in accordance with the Australian Maritime Safety Authority Act 1990 (as amended).

I.3                  Redundancy

I.3.1              For the purpose of determining a redundancy payment under clause 11.6 if this award, ‘continuous service’ will include continuous Commonwealth service, as defined in the Long Service Leave (Commonwealth Employees) Act 1976 (Cth).

I.3.2              Any period of service that ceased in any of the following ways will not count as service for redundancy pay purposes:

(a)          redundancy;

(b)         retirement on grounds of invalidity;

(c)          inefficiency;

(d)         loss of mandatory qualifications;

(e)          abandonment of employment;

(f)           dismissal;

(g)          termination of probation appointment for reasons of unsatisfactory service;

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

I.3.3              Where expenses to attend interviews are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred.

I.3.4              An employee will not be eligible for the entitlements under clause 11 of this award (redundancy) where they have not been an employee for twelve months continuously.

I.4                  Higher duties allowance

I.4.1              Where an employee is directed to temporarily perform duties at a higher classification level for at least one full day, the employee will be paid an allowance equal to the difference between the employee’s own salary and the salary they would receive if promoted to the higher classification.

I.4.2              Payment of higher duties allowance will be in accordance with the following:

(a)          where an employee does not perform all the duties of the higher classification, the amount of higher duties to be paid is to be determined by the Chief Executive Officer; and

(b)         an employee who temporarily performs the duties of a higher classification which attracts different conditions of service to those of an employee’s normal classification will receive the conditions of service of the temporary classification.

I.4.3              Higher duties allowance counts as salary for the purposes of calculating meal allowances and overtime.

I.4.4              Higher duties allowance will continue to be paid for any leave or public holidays during the period of temporary performance.

I.5                  Field Allowance

[I.5.1 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

I.5.1              A Navigational Services workshop employee paid below the salary barrier who undertakes work in the field in respect of the construction and maintenance of aids to navigation is eligible for field allowance of $36.67 per day.

I.5.2              This payment consolidates allowances related to excess travelling time, disability allowance, first aid allowance and all other industry allowances.

I.5.3              The payment of field allowance is based on the following conditions:

(a)          payment is applicable when undertaking activities in the field for a period exceeding four hours (including travelling time);

(b)         the allowance will be payable when an employee is on duty in the field including weekends and public holidays;

(c)          the employee will be required to undertake a minimal first aid training course paid for by AMSA and the employee will then be responsible for maintaining a first aid certificate at AMSA’s cost; and

(d)         travel for scheduled work does not attract overtime payments at any time.

I.5.4              Where a Navigational Services workshop employee travels by sea and does not receive payment for excess travelling time the employee will be credited with time in lieu up to one full shift in respect of each Saturday, Sunday or public holiday worked.

I.5.5              No payment will be made for time in lieu credited to an employee if that employee resigns or is terminated for any other reason.

I.6                  International Labour Organization (ILO) Convention 147

I.6.1              In addition to the annual rates of pay prescribed in this schedule, an employee performing duties in connection with ILO 147 (as amended from time to time) will be paid an allowance of:

[I.6.1(a) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

(a)          $9618.52 where employed in an AMSA Port Office; and

[I.6.1(b) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

(b)         $7430.54 where employed in AMSA’s Canberra Office.

I.6.2              An employee required to work on surveys, inspections and compass adjustments in accordance with the Navigation Act 2012 (as amended from time to time) outside normal hours of duty will be paid a minimum payment of three hours at the appropriate overtime rate for each separate attendance. Any time in excess of three hours will be paid at double time, calculated to the nearest fifteen minutes.

I.6.3              Time spent travelling to and from the place of work is included in the calculation of time worked in respect of clause 14 of this award (higher duties).

I.6.4              Mandatory qualifications for employees covered by this clause are as prescribed by AMSA with reference to guidelines issued by the International Maritime Organization.

I.7                  Vehicle allowance

An employee of the Australian Maritime Safety Authority will not be eligible for a vehicle allowance included at clause 13.1 of this award. As such an employee will not be required to use their own vehicle in the performance of their duties.

I.8                  Travelling reimbursement

An employee of the Australian Maritime Safety Authority will not be eligible for a travelling reimbursement included at clause 13.2 of this award.

I.9                  Excess travel time

I.9.1              An employee will not be eligible for payment for excess travelling time under 13.3 of this award where:

(a)          The employee is classified at the AMSA Level 4 classification or higher; or

(b)         The employee is in receipt of the field allowance under I.5.

I.10             Shift work

I.10.1          Ordinary hours of duty for an employee working shift work will not exceed an average of 36.75 hours per week and any one shift will not exceed twelve hours of duty including handover and takeover arrangements.

I.10.2          Introduction of shift work or a new roster or arrangement of shift cycles, may be approved, after consultation with the relevant unions and employees. Employees will be given a minimum seven days prior notice before the introduction of a new roster.

I.10.3          Shiftworkers can exchange shifts or rostered days off by mutual agreement with the consent of the Chief Executive Officer provided that the arrangement does not give any employee an entitlement to an overtime payment.

I.10.4          Penalty payments–shift work

(a)          An employee who is rostered and performs ordinary duty between midnight Sunday and midnight Friday and a part of that duty falls between the hours of 6.00 p.m. and 6.30 a.m., will be paid an additional 15 per cent of salary for that shift.

(b)         Where an employee is required to work ordinary hours continuously for a period exceeding four weeks, on a shift falling wholly within the hours of 6.00 p.m. and 8.00 a.m., the employee will be paid an additional 30 per cent of salary for that shift.

(c)          An employee who is rostered and performs ordinary duty between midnight on Friday and midnight on Saturday will be paid an additional 50 per cent of salary for that shift.

(d)         An employee who is rostered and performs ordinary duty between midnight Saturday and midnight on Sunday will be paid an additional 100 per cent of salary for that shift.

(e)          An employee who is rostered and performs ordinary duty between midnight on the day preceding a public holiday and midnight on a public holiday will be paid an additional 150 per cent of salary for that shift.

I.10.5          Overtime–shift work

(a)          For overtime duty performed on a Saturday, payment will be made at the rate of double time.

(b)         For overtime duty performed on a Sunday, payment will be made at the rate of double time.

(c)          For overtime duty performed on a public holiday, payment will be made at the rate of double time and one half.

(d)         An employee who has been required to perform duty additional to their prescribed hours of duty for the week a full day’s duty on Sunday will, wherever practicable, be granted a day off during the six days following that Sunday, and in such cases, the payment for Sunday attendance will be one day’s pay.

(e)          The provisions of this clause do not apply to employees in classification levels above the salary barrier, except with the approval of the Chief Executive Officer.

(f)           24 hour limit: Except at the regular change-over of shifts an employee should not be required to work more than one shift in each 24 hours.

I.10.6          Rest relief after overtime

The provisions of clause 19.10 of this award (rest period after overtime) do not apply to employees in classification levels above the salary barrier except with the approval of the Chief Executive Officer.

I.11             Emergency duty

I.11.1          Where an employee is called on duty for the purpose of emergency duty under clause 19.12, the time for which payment is made will include time spent travelling to and from duty.

I.11.2          When an employee is called on duty for the purpose of emergency duty, payment will be made on the following basis:

For emergency duty performed on:

Minimum time:

Rate (as a percentage of the employee’s ordinary hourly rate)

Monday to Saturday

2 hours

200%

Sunday

3

200%

Public Holiday

 

250%

I.11.3          For health reasons, where an employee has undertaken emergency duty, the employee may be granted paid time off from work equal to the number of hours of extra duty worked.

I.11.4          Clause I.11.3 of this schedule will not apply to employees whose duty for the day is varied by alteration of the commencement of the rostered shift as a result of an emergency.

I.12             Restriction duty

I.12.1          For each hour or part thereof that an employee is restricted outside their ordinary hours of duty, the employee will be paid an allowance in accordance with clause 19.13 of this award, with applicable allowance also payable for time restricted on rostered days off.

I.12.2          An allowance equivalent to 15% of the employee’s hourly rate of salary will be paid for each hour restricted on an employee’s rostered days off.

I.13             Annual leave—remote locality employees

I.13.1          An employee working in Cairns, Darwin, Karratha or Port Hedland will be entitled to additional paid leave equivalent to the amounts listed in clause I.13.2.

I.13.2          Additional leave for remote locality employees will be based on the employee’s location and will accrue daily as follows:

(a)          Cairns: 2 days per year

(b)         Darwin: 5 days per year

(c)          Karratha: 5 days per year

(d)         Port Hedland: 5 days per year

I.13.3          An employee and any dependants or partner located in Karratha or Port Hedland will be entitled to a return airfare to Perth for a leave of absence once a year.

I.13.4          An employee and any dependants or partner located in Cairns will be entitled to a return airfare to Brisbane for leave of absence once every two years.

I.14             Jury service

I.14.1          An employee may be granted leave of absence with pay to attend court as a juror.

I.14.2          Leave of absence granted under this clause will count as service for all purposes.

I.15             Ceremonial leave

I.15.1          Ceremonial leave without pay may be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes:

(a)          connected with the death of a member of the immediate family or extended family; or

(b)         for other ceremonial obligations under Aboriginal and Torres Strait Islander law.

I.15.2          The maximum period of ceremonial leave that may be granted to an employee is 10 days in any period of two years.

I.15.3          Ceremonial leave granted is in addition to compassionate leave granted under clause 21 of this award, and does not count as service for any purpose.

I.16             Leave to attend industrial proceedings

I.16.1          Leave of absence for preparation of cases pursuant to the operation of Clause 8 of this award (dispute resolution) will be without pay and will not exceed 3 months in any 12 months.

I.16.2          Leave of absence with full pay will be granted to any employee summoned as a witness in arbitration proceedings undertaken in the Fair Work Commission.

I.16.3          Leave of absence granted to attend industrial proceedings will count as service for all purposes.

I.17             Australian Maritime Safety Authority classifications

I.17.1          The following clauses replace clauses 12.112.5 of the award relating to Minimum Wages.

I.17.2          Employees performing work within the classifications listed in clause I.17.4 of the schedule will be paid not less than the hourly rate applicable to the employee’s classification.

I.17.3          The minimum annual salary for a classification is calculated by reference to the following formula:

Annual Salary + Minimum Hourly Pay Rate x 73.5 x (313/12)

[I.17.4 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

I.17.4          The minimum hourly pay rate for an adult employee performing work in the following classifications, other than an employee performing work covered by clause I.17.5 of this schedule is set out in the following table:

Classification Level

Pay point

Annual salary

$

Hourly rate

(inclusive of leave loading)

$

AMSA Level 7

1st point

111,960

58.40

Minimum

110,100

57.43

AMSA Level 6

4th point

106,707

55.66

3rd point

101,128

52.75

2nd point

95,607

49.87

1st point

90,047

46.97

Minimum

82,801

43.19

AMSA Level 5

5th point

78,276

40.83

4th point

76,417

39.86

3rd point

74,538

38.88

2nd point

72,659

37.90

1st Point

70,742

36.90

Minimum

68,844

35.91

AMSA Level 4

4th point

67,770

35.35

3rd point

66,198

34.53

2nd point

64,626

33.71

1st Point

61,578

32.12

Minimum

58,932

30.74

AMSA Level 3

4th point

59,853

31.22

3rd point

57,418

29.95

2nd point

56,363

29.40

1st Point

54,945

28.66

Minimum

53,545

27.93

AMSA Level 2

3rd point

52,280

27.27

2nd point

50,804

26.50

1st Point

49,404

25.77

Minimum

47,851

24.96

AMSA Level 1

3rd point

47,085

24.56

2nd point

45,800

23.89

1st Point

44,516

23.22

Minimum

43,365

22.62

I.17.5          Employees who are younger than 21 years of age and who are employed in the AMSA Level 1 classification will be paid an annual salary calculated, to the nearest dollar, by applying the percentages specified below to the minimum salary point of the AMSA Level 1 classification:

Under 18 years

60%

At 18 years

70%

At 19 years

81%

At 20 years

91%

I.17.6          Pay point progression within a salary band

(a)          An employee is required to participate in an annual performance review. This appraisal will be the basis for assessing whether an employee is eligible for progression to a higher salary point within the applicable salary band.

(b)         An employee’s progression through a classification’s salary band is not automatic. Progression may be deferred or refused by the employer.

I.18             Adjustment of Allowances

I.18.1          Adjustment of wage related allowances

[I.18.1(a) substituted by PR750904 ppc 15Mar23]

(a)          The amount of each wage-related allowance in Schedule I is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

(b)         Summary of wage related allowances

[I.18.1(b) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

Allowance

Clause

Payable

% of standard rate

$

Field allowance

I.5.1

Per day

132.08

36.67

International Labour Organization allowance – port office

I.6.1(a)

Annually

34648.85

9618.52

International Labour Organization allowance – Canberra office

I.6.1(b)

Annually

26767.07

7430.54

   


 

Schedule JEmployment conditions specific to employees of the Australian Prudential Regulation Authority

[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262]

J.1                 Application

J.1.1             The provisions of Schedule J only cover employees employed by the Australian Prudential Regulation Authority (APRA).

J.1.2             This schedule should be read in conjunction with the body of the award. Where there is an inconsistency between the terms of the award and this schedule the terms of this schedule will prevail.

J.2                 Minimum wages

The work covered by APRA employees covered by this award will be allocated to the four Salary Bands set out below in a manner consistent with the ‘Remuneration Band Descriptors’ described in clause J.7 using, where necessary, Mercer CED work value techniques. The ‘Remuneration Band Descriptors’ in out in clause J.7 show the Mercer CED Work Value Points derived for each Remuneration Band by the application of Mercer CED work value techniques.

J.3                 Appointment to a Remuneration Band

Employees will be appointed to a Remuneration Band according to their job role. Job roles will be determined, from time to time by APRA, according to the Remuneration Band Descriptors set out in clause J.7 relevant to each Remuneration Band, having regard, where necessary, to Mercer CED work value techniques. APRA may vary an employee’s job role and/or level of responsibility at its discretion. Regardless of the Remuneration Band to which they are appointed, employees must undertake such duties as are directed by their manager that are within their skill, competence and ability provided that such duties are not designed to promote de-skilling.

J.4                 Promotion to a higher Remuneration Band

At its discretion, APRA may appoint an employee to a job role in a higher Remuneration Band. In each such case, the employee will receive a minimum salary, which is not less than their actual salary at the time of the promotion, or the minimum salary for the higher Remuneration Band, whichever salary is the greater. In making promotions to a higher Remuneration Band APRA will follow the principles and procedures contained in its Human Resources Policy Manual, which, amongst other things, recognise the importance of merit selection.

J.5                 Minimum salaries

[J.5 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]

Full-time and part-time employees will be paid for work during ordinary hours not less than the minimum salary for their Remuneration Band described in this clause provided that graduate trainees appointed to Band 1 will have their salary calculated, for the period of their traineeship (which shall not exceed 12 months) by reference to the graduate trainee salary:


Remuneration Band

Minimum Salary per annum

 

$

Graduate trainee (Band 1)

45,520

1

48,512

2

60,563

3

77,460

4

103,697

J.6                 Casual employees

Casual employees will be paid for all hours worked at not less than a minimum hourly salary calculated by reference to the minimum per annum salary specified in clause J.5 for the Remuneration Band to which they are appointed, plus a loading of 25 per cent of that hourly rate.

J.7                 Remuneration Band Descriptions

J.7.1             BAND 1

(a)          Descriptors

(i)           Performs basic or less complex technical support and administration activities across one or more activities or functional/discipline areas

(ii)         Generalist with knowledge in systems and procedures with an understanding of work process and work flow

(iii)       Support positions have some experience in similar roles of between 1-2 years normally supported by on-the-job training

(iv)       Technical positions require entry level qualifications at graduate level and may have up to 1-2 years’ experience in a technical discipline

(v)         Roles may involve the initial stages of specialisation in a particular technical/discipline area

(vi)       Roles solve problems related to standard systems and procedures and typically only refer problems that require specialised knowledge of non-standard issues to a higher level of support

(vii)     May operate independently to complete work within established procedures or guidelines with ready access to team leader/supervisor/manager and may be subject to regular supervision

(viii)   Alternative courses of action exist to solve problems that may be followed, within operating policies and guidelines and usually with reference to those with higher skill levels

(ix)       Roles have regular communication within immediate work group or with internal/external clients to give and receive information and instructions and may explain technical/system concepts or rules/process

(b)         Competencies

(i)           Recognised or developing skills in area of expertise

(ii)         Communication skills to deal with internal and external clients

(iii)       Understanding of APRA’s operational procedures and business processes

(iv)       Capacity to operate independently

(v)         Solve routine problems

(vi)       Manage own time and personal priorities

(vii)     Organise or schedule own work

(c)          Mercer CED Work Value Points

Minimum - under 100

Mid-point - 150

Maximum - 210

J.7.2             BAND 2

(a)          Descriptors

(i)           Performs more complex or advanced support or administration activities across more than one functional/discipline area or requires expertise in a technical discipline

(ii)         Roles have developed/require specialised knowledge in systems and procedures with a well developed understanding of work process and work flow and interdependence/ interrelationship between the work and that of other positions

(iii)       Administrative or support roles require many years of experience supported by entry level tertiary qualifications gained through advanced certificate or diploma

(iv)       Technical specialist positions require degree qualifications supported by more than 2 years practical experience as a generalist or some experience as a specialist

(v)         May lead or manage small team of non-professional or non-technical staff and will require knowledge/experience in supervision or team management

(vi)       Roles require an understanding of and practical experience in applying project management principles and practice in work and evaluate own performance against required outcomes

(vii)     Role objectives and work are specifically defined by guidelines or standard operating practice/procedure or legislation however varied techniques, systems, methods are available to perform work with some adaptation possible if required

(viii)   Roles involve regular analysis and evaluation and less complex problem solving, usually within a frame of reference and can require application of previous experience/ knowledge or precedent to determine problem resolution

(ix)       Roles may have input to the development of standards, procedures or operating methods affecting their own work/the local work group or a specialist function/discipline

(x)         Roles are generally responsible for self management and evaluation and may require input to monitoring and evaluation of peers or a local work group where efficiency is the focus rather than effectiveness

(xi)       The nature of work involves the provision of advice or more complex service and/or supervision of a small team or work group where, in either case, the position is a recognised reference point for others

(xii)     Regular exchange of information and basic relationship management skills required to obtain cooperation and assistance or in seeking compliance of others, particularly internal/external service providers

(b)         Competencies

(i)           Developing specialist skills

(ii)         Growing recognition within area of professional expertise

(iii)       Learning project management skills

(iv)       Maintaining client relationships

(v)         Industry knowledge and awareness of trends

(vi)       Manage and deliver contribution to projects on time, to budget and specification

(vii)     Understanding of operational procedures and business processes

(c)          Mercer CED Work Value Points

Minimum - 210

Mid-point - 270

Maximum - 330

J.7.3             BAND 3

(a)          Descriptors

(i)           Roles perform advanced technical or specialist work individually or within a workgroup across one or more functional or discipline areas and/or organise the work of others involved in providing advanced support or administrative work

(ii)         Roles require specialised knowledge in a professional discipline or advanced knowledge in a sub-discipline and are recognised for their expertise and require well developed project management skills

(iii)       Work is of a more complex nature and regularly requires application of advanced skills/knowledge to analyse and evaluate alternatives or assess/measure risk and compliance with contribution to modification or changing standard operating procedures/process/methods

(iv)       Specialist or technical/specialist experience of 3-5 years and extensive subject matter knowledge is required while supervisory positions require management and team leader experience and an understanding of the business and setting work group objectives

(v)         Work may require leading a small team of professional or technical specialists/ generalists where there is an emphasis on efficiency and effectiveness of the team/work group and the position has accountability for work group outputs

(vi)       Role objectives are generally defined by guidelines and/or the existing body of professional knowledge however choice can be exercised to discriminate between alternative courses of action and adaptability of techniques, systems and methods to suit the situation is a regular requirement

(vii)     Problem solving is a regular requirement and is more complex. Requiring application of learned knowledge and precedent to the evaluation and analysis of the problem to define the most appropriate solution, generally without reference to others

(viii)   The nature of work involves provision of more complex advice across functional or discipline areas to internal or external clients that may impact on other areas of operation or commercial disciplines and the position is recognised as an expert or point of reference for others

(ix)       Communication of complex ideas, procedures and/or processes are a regular requirement to influence others and obtain cooperation or to explain reasoning behind decisions and actions, generally to internal or external clients where this may include low level negotiation of agreements/contract deliverables

(b)         Competencies

(i)           Developed specialist skills

(ii)         Professional expertise recognised within local environment

(iii)       Developed project management skills

(iv)       Building and maintaining client relationships

(v)         Industry knowledge and awareness of trends

(vi)       Manage and deliver projects on time, to budget and specification

(vii)     Resource/management project

(c)          Mercer CED Work Value Points

Minimum - 330

Mid-point - 410

Maximum - 490

J.7.4             BAND 4

(a)          Descriptors

(i)           Roles perform highly specialised technical or professional work across more than one function/discipline area and regularly lead or organise the work of others involved in a technical or specialist area

(ii)         Expert knowledge in a professional discipline or specialist area is required for the position to undertake work and the position is recognised within and outside the organisation as an expert point of reference

(iii)       Work is high complex and varied and regularly requires synthesis of information in analysis and evaluation of alternatives, sometimes outside boundaries of professional knowledge within a discipline or functional area

(iv)       Specialised professional or managerial positions require degree qualifications and/or many years of experience and/or post graduate qualifications in a specific discipline

(v)         The nature of the work demands an understanding and ability to define issues, explain the purpose and direction of the work/business unit, develop and implement policy and/or provide professional opinions

(vi)       Role objectives are generally defined by strategic/business unit plans and are required to define resource requirements, monitor and evaluate performance outcomes and take corrective action to achieve objectives

(vii)     Roles operate independently or as part of a management team and are fully accountable for providing input to business unit/strategic plans, resource allocation, budget management, defining/organising work and planning/scheduling of large scale projects requiring highly developed project management skills

(viii)   Problem solving requires a high degree of analytical ability and judgement is required to define and determine the appropriate response, either within the context of a professional body of knowledge or through extensive management experience

(ix)       Problem resolution will frequently require the position to be able to define the issues and may require a response where there is limited knowledge or no existing precedent

(x)         Work may require the identification and definition of standards, methods and practice at a strategic level that affects a major program area or that affects work performed by others within client organisations

(xi)       The nature of work includes provision of highly complex or expert advice or opinion and/or management of a small to medium group of professional or technical staff where the position is fully accountable for the effectiveness and efficiency of the team/work groups outputs

(xii)     Communication skills are required to either influence/convince and motivate staff/ others to achieve difficult or potentially conflicting objectives

(xiii)   Significant communication skills may be required to manage conflict, manage negotiations with internal/external clients or to manage relationships at a senior level

(b)         Competencies

(i)           Project management expertise

(ii)         Professional expertise recognised in APRA

(iii)       Developing management skills over small/medium teams or business unit

(iv)       Client and account relationship management

(v)         Industry knowledge and awareness of trends

(vi)       Manage and deliver key projects on time, to budget and specification

(vii)     Strategic/tactical planning

(viii)   Basis leadership skills

(c)          Mercer CED Work Value Points

Minimum - 490

Mid-point - 590

Maximum - 690

J.7.5             Service for the purposes of severance pay entitlements

For the purpose of calculating the severance pay entitlements of an APRA employee, service includes recognised service of the employee with the Reserve Bank of Australia, the Insurance and Superannuation Commission or a relevant Financial Institutions Scheme organisation.

J.7.6             Span of hours

J.7.7             This clause applies in place of clause 17.2(b)(i)

(a)          Ordinary hours will be worked between the hours of 7:00 a.m. and 7:00 p.m., Monday to Friday.

J.8                 Overtime and penalty rates

J.8.1             In lieu of clause 19, the following provisions shall apply to APRA employees in respect to the performance of overtime:

(a)          Reasonable Overtime

Full-time and part-time employees may be required to work reasonable overtime.

(b)         Definition

Work will be considered overtime when a full-time or part-time Remuneration Band 1 or Band 2 employee works:

(i)           before 7.00 a.m. or after 7 p.m. Monday to Friday;

(ii)         on a Saturday, Sunday or public holiday;

(iii)       in excess of 76 ordinary hours in a fortnight; or

(iv)       in excess of 7hrs 36 mins (7.6 hours) per day.

(c)          Overtime other than on a Sunday or a public holiday

A Remuneration Band 1 or Band 2 employee will be paid at the rate of time and a half for the first 3 hours and double time thereafter for all overtime worked other than overtime worked on a Sunday or a public holiday.

(d)         Sunday Overtime

A Remuneration Band 1 or Band 2 employee will be paid at the rate of double time for overtime worked on a Sunday.

(e)          Overtime on a public holiday

A Remuneration Band 1 or Band 2 employee will be paid at the rate of double time and a half for overtime worked on a public holiday.

(f)           Calculation of overtime

Overtime is calculated by reference to an employee’s ordinary hour's salary.

(g)          15 minute blocks

Overtime will be calculated by reference to each completed 15 minute period of overtime worked.

(h)         Daily overtime calculated first

Daily overtime (i.e. time before 7.00 a.m. or after 7.00 p.m.) will be calculated for payment before other overtime is calculated for payment.

(i)            Calculation of fortnightly overtime

(i)           Overtime for working in addition to ordinary hours in a fortnightly period will be calculated on a daily basis by reference to the time that was worked in excess of scheduled ordinary hours including time worked on days when ordinary hours were not scheduled.

(ii)         Overtime under this clause will be paid in respect of each fortnight in the pay period following the end of that fortnight.

(j)           Overtime must be authorised

APRA will only pay for overtime work that has been authorised by an employee’s manager.

(k)