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Australian Government Industry Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2023 (PR762262, PR762427 and PR762969)
Clause(s) affected by the most recent variation(s):
12—Minimum wages
13—Allowances
Schedule F—Employment conditions specific to the Australian Film, Television and Radio School
Schedule H—Employment conditions specific to employees of Australian Hearing Services
Schedule I—Employment conditions specific to the Australian Maritime Safety Authority
Schedule J—Employment conditions specific to employees of the Australian Prudential Regulation Authority
Schedule K—Employment conditions specific to the Australian Sports Commission
Schedule M—Employment conditions specific to Electorate Officers employed under Part III and Part IV of the Members of Parliament (Staff) Act 1984
Schedule L—Employment conditions specific to the Civil Aviation Safety Authority
Schedule N—Employment conditions specific to employees of the National Gallery of Australia
Schedule O—Employment conditions specific to employees of the Special Broadcasting Service Corporation
Schedule Q—Supported Wage System
Schedule S—National Training Wage
Table of Contents
[Varied by PR609457, PR750431]
Part 1— Application and Operation of Award
2. Definitions and interpretation
4. The National Employment Standards and this award
Part 2— Consultation and Dispute Resolution
7. Consultation regarding major workplace change
Part 3— Types of Employment and Termination of Employment
Part 4— Minimum Wages and Related Matters
Part 5— Hours of Work and Related Matters
17. Ordinary hours of work and rostering
18. Penalty Rates—Shiftworkers
Part 6— Leave and Public Holidays
21. Personal/carer’s leave and compassionate leave
26. Family and domestic violence leave
Schedule C —Classification transitional information
Schedule D —Eligible employers for the purposes of redundancy
Schedule E —Employment conditions specific to the employees of the Australia Council for the Arts
Schedule F —Employment conditions specific to the Australian Film, Television and Radio School
Schedule H —Employment conditions specific to employees of Australian Hearing Services
Schedule I —Employment conditions specific to the Australian Maritime Safety Authority
Schedule K —Employment conditions specific to the Australian Sports Commission
Schedule L —Employment conditions specific to the Civil Aviation Safety Authority
Schedule N —Employment conditions specific to employees of the National Gallery of Australia
Schedule P —Employment conditions specific to employees of Tourism Australia
Schedule Q —Supported Wage System
Schedule R —School-based Apprentices
Schedule S —National Training Wage
Appendix S1: Allocation of Traineeships to Wage Levels
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.
(a) The Australian Government Employment – Conditions and Salaries Award 2003 [AP824076]; and
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.
[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).
(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;
(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;
[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.
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.
(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:
(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.
6.1 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.
|
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:
(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.
7.4 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.
(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.
(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.
7.14 In this term relevant employees means the employees who may be affected by a change referred to in clause 7.1.
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.
8.6 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
[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.
(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
(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(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 8—Dispute resolution.
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.
11.1 Redundancy pay is provided for in the NES.
11.2 For eligible employers and their employees the following provisions supplement the NES entitlement.
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.
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.
(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.
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
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
(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.
(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
[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.
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.
(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% |
(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.
See Schedule S.
[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR729595, PR740843, PR740999, PR762262, PR762427]
(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]
(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.
(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.
(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 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.
14.1 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.
(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.
14.3 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.
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.
16.1 Superannuation legislation
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
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 16.2.
(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.
(b) Where clause 16.4(a) does not apply, this clause 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 that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 16.2 and pay the amount authorised under clauses 16.2 or 16.3 to one of the following superannuation funds or its successor:
(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
(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.
17.2 Ordinary hours of work- day workers
(a) A day worker is a worker who is not a shiftworker.
(i) Ordinary hours will be worked between the hours of 8.00 a.m. and 6.00 p.m., Monday to Friday.
(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:
(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.
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.
(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.
(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.
(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.
(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.
19.1 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
(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.
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% |
(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.
(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.
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.
(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).
Part 6—Leave and Public Holidays
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.
20.4 Additional leave for certain shiftworkers
(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.
(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).
(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
(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.
Community service leave is provided for in the NES.
Parental leave is provided for in the NES.
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
(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.
25.1 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.
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.
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 C—Classification 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 D—Eligible 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 E—Employment 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 F—Employment 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.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 independence – Employees 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 |
|
Part day travelling allowance |
F.6.2 |
All groups |
Schedule G—Employment 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 H—Employment 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]
|
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.8.1 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.8.4 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.9.1 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
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]
(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]
|
|
$ |
|
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]
(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.
(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
(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 I—Employment 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.5.1 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
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.11.4 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.
(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 12.1 – 12.5 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 |
|
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.18.1 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 J—Employment conditions specific to employees of the Australian Prudential Regulation Authority
[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262]
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 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) Rest relief after overtime
An employee who works so much overtime that they do not have at least 10 consecutive hours off work between the end of ordinary hours of duty on one day and the commencement of ordinary hours on the next day will be allowed to leave work after the period of overtime for a consecutive period of 10 hours off duty without loss of pay. An employee who is required to resume or continue work without having the time off as set out in this clause will be paid at the rate of double time until they receive the required break.
(l) Remuneration Band 3 or Remuneration Band 4 employees
Remuneration Band 3 and Remuneration Band 4 employees will not be paid overtime.
J.9 Ceremonial Leave
J.9.1 APRA may grant an employee leave without pay if they are an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes:
(a) connected with the death of a member of the employee’s immediate family or extended family;
(b) for other ceremonial obligations under Aboriginal or Torres Strait Islander law.
J.9.2 The maximum period of ceremonial leave that an employee may be granted is 10 days in any 2 year period.
J.9.3 Ceremonial leave is in addition to compassionate leave granted under clause 21 of this award.
J.9.4 Ceremonial leave does not count as service for any purpose.
J.10 Annual Leave loading
J.10.1 A leave loading of 17½% of an employee’s ordinary salary will be paid when an employee takes annual leave.
J.10.2 Annual leave loading is also a term that the employer and individual employee may agree to vary in accordance with clause 5 of this award.
J.11 Paid Parental Leave
J.11.1 Where an employee of APRA is entitled to unpaid parental leave under the NES in relation to the birth or adoption of a child, the employee will be entitled to take the first 12 weeks of that leave as paid parental leave, provided that the employee is the primary caregiver for the child.
J.11.2 An employee entitled to paid parental leave in accordance with this clause will be paid the amount the employee would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.
J.11.3 Returning to Work After a Period of Maternity Leave
An employee returning from maternity leave will, on application, be given access to part-time work.
Schedule K—Employment conditions specific to the Australian Sports Commission
[Varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR750904, PR762262]
K.1 Application
K.1.1 The provisions of Schedule K only cover employees employed by the Australian Sports Commission (ASC).
K.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.
K.2 Redundancy
With regard to the application of Clause 11 of the award (Redundancy), clauses 11.2 to 11.13 inclusive which prescribe provisions that supplement the NES entitlement are not applicable to employment in the ASC.
The allowances in K.3 apply to Gardeners employed in the former classification of General Service Officer Level 6 performing gardening duties or general hand duties.
[K.3.1 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
An employee called upon to work in insanitary conditions shall be entitled to $1.85 per day or part thereof, in addition to the salary rate.
[K.3.2 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
Employees working in water in aquatic ponds shall be paid $3.35 per day, in addition to the salary rate.
[K.3.3(a) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
[K.3.3(b) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
[K.3.4 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
Employees who are required to work in the rain on emergency work shall be provided with suitable protective clothing and be paid an allowance of $9.64 per day or part thereof, in addition to the salary rate.
K.3.5 Height (trees) allowance
[K.3.5 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
Employees who are required to climb trees to a height greater than six meters from the ground shall be paid an allowance of $4.33 per day, in addition to the salary rate.
(a) If an employee is authorised to take charge of other employees and is required to set work out or see that work is carried out, he or she will be regarded as a leading hand, and shall be paid, if in charge of:
[K.3.6(a)(i) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
(i) not more than five employees, $29.32 per week in addition to the salary rate;
[K.3.6(a)(ii) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
(ii) six to 10 employees, $35.35 per week in addition to the salary rate; or
[K.3.6(a)(iii) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
(iii) more than 10 employees, $42.35 per week in addition to the salary rate.
Where an employee is required by the ASC to wear a uniform while on duty, the uniform will be provided and kept laundered by the ASC. Where by arrangement between the ASC and the employee, the employee provides the uniform and laundering the ASC will reimburse the cost of purchasing and laundering the uniform.
K.3.8 Spray Work: General Service Officer Level 8
(a) The following allowances apply to the former classification of General Service Officer Level 8.
[K.3.8(a)(i) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
[K.3.8(a)(ii) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
K.4 Intermittent motor driving duties
This clause applies only to former Administrative Officer and Professional/Executive Officer classifications. Employees who are required to undertake intermittent driving duties as part of their employment, involving the acceptance of full responsibility for the operation of a vehicle, will be paid an allowance, calculated on a daily basis, in accordance with the following table for each day or part day on which they are so employed. This is provided that juniors, performing duties for which only adult rates are prescribed, will be treated as adults in applying these rates.
|
Type of vehicle |
Allowance to raise salary to the former General Service Officer Level 3 salary |
|
|
Under 19 |
At 19 |
|
|
Passenger or commercial vehicle with carrying capacity under six tonnes |
70% |
80% |
K.5 Ordinary hours of work—day workers—local variations
K.5.1 Clause K.5 applies to employees employed in former classifications of Public Affairs Officers, Administrative Officers, and Professional/Executive Officers only.
K.5.2 In addition to the provisions of clause 17.2(b)(ii) of this award, commencing and finishing times may be varied within the limits of 6.00 a.m. and 6.00 p.m. Monday to Friday, subject to a 10 hour span for individual employees and a 12 hour span for individual workplaces by agreement between the Executive Director and a majority of the employees affected.
K.6 Shift work—public holiday duty—minimum payment
K.6.1 Clause K.6 applies to employees employed in former classifications of Public Affairs Officers, Administrative Officers, and Professional/Executive Officers only.
K.6.2 The minimum additional payment payable for ordinary duty performed on a public holiday for each separate attendance will be four hours.
K.7 Shift work–Calculation of penalty rates
K.7.1 For the purposes of calculating penalty rates, an employee’s ordinary rate will be considered to include any higher duties allowance for the shift.
K.8 Shift work–penalty rates–Casual employees
Casual employees who undertake shiftwork will not receive shift penalty rates provided at clause 18.2 of this award and will be paid overtime in accordance with the overtime provisions of this award.
K.9 Shift work–Part Time penalty rates–Continuous night
K.9.1 Part-time shiftworkers will be entitled to the Continuous Night penalty rate under clause 18.3 of this award only where:
(a) the employee’s rostered ordinary duty involves working no fewer shifts each week, or no fewer shifts a week on average over the shift cycle, than an equivalent full-time employee; and
(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 8.00 a.m..
K.10 Restriction duty—Gardeners
An employee who performs overtime while on restriction duty in accordance with clause 19.13 of this award will be entitled to a minimum overtime payment which will be for three hours in lieu of four hours as prescribed in clause 19.11(b) of this award.
The provisions of clause 19.12 of this award (Emergency Duty) do not apply to overtime worked in the circumstances covered by clause 19.12 unless the actual time worked is at least three hours on each call.
K.12.1 Clause K.12 applies to employees employed in the former classification of Gardener.
K.12.2 For Sunday duty not in excess of the prescribed weekly hours, payment is to be made at the rate of double the ordinary rate of pay.
K.13 PAO equipment
This clause applies only to the former classification of Public Affairs Officer. Where by agreement with the ASC, a Public Affairs Officer (including a senior Public Affairs Officer) regularly uses their own equipment (such as VCR, VDU, or Camera) for official purposes, the ASC will reimburse reasonable costs of consumables and maintenance.
K.14 System of Rostered Days Off
This clause applies to only to former Public Affairs Officer, Administrative Officer and Professional/Executive Officer classifications. For those employees who are entitled to a rostered day off in a regular cycle, a system of rostered days off, which may include the banking of such days, may be established by agreement between the Executive Director and a majority of the affected employees. A supervisor and employee may agree to alternative rostered day(s) off (including taking the time as part days).
K.15 Parental Leave
K.15.1 Parental Leave is provided for in the NES. The following provisions supplement NES entitlements.
(a) Maternity Leave: An employee, other than an eligible casual employee, is entitled to maternity leave in accordance with the provisions of the Maternity Leave (Commonwealth Employees) Act 1973. Nothing in this clause is intended to affect that entitlement or the operation of that Act.
(b) For the avoidance of doubt, the period of paid maternity leave an employee is entitled to receive in accordance with the Maternity Leave (Commonwealth Employees) Act 1973 reduces, by the same amount, the period of 52 weeks unpaid leave the employee is entitled to receive under the NES.
K.16 Adjustment of Allowances
K.16.1 Adjustment of wage related allowances
[K.16.1(a) substituted by PR750904 ppc 15Mar23]
(a) The amount of each wage-related allowance in Schedule K 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
[K.16.1(b) varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
|
Allowance |
Clause |
Payable |
% of standard rate |
$ |
|
Insanitary allowance |
K.3.1 |
Per day |
6.65 |
1.85 |
|
Aquatic ponds |
K.3.2 |
Per day |
12.08 |
3.35 |
|
Spray gangs |
K.3.3(a) |
Per day |
17.7 |
4.91 |
|
Spray gangs – high pressure spray equipment |
K.3.3(b) |
Per day |
22.2 |
6.16 |
|
Work in rain |
K.3.4 |
Per day |
34.71 |
9.64 |
|
Heights (trees) |
K.3.5 |
Per day |
15.6 |
4.33 |
|
Leading hands (not more than 5 employees) |
K.3.6(a)(i) |
Per week |
105.62 |
29.32 |
|
Leading hands (6-10 employees) |
K.3.6(a)(ii) |
Per week |
127.35 |
35.35 |
|
Leading hands (more than 10 employees) |
K.3.6(a)(iii) |
Per week |
152.55 |
42.35 |
|
Spray work (GSO 8) |
K.3.8(a)(i) |
Per day |
6.09 |
1.69 |
|
Spray work (GSO 8 – high pressure equipment) |
K.3.8(a)(ii) |
Per day |
8.01 |
2.22 |
Schedule L—Employment conditions specific to the Civil Aviation Safety Authority
[Varied by PR592254, PR592412, PR606479, PR606627, PR704113, PR707812, PR707598, PR718971, PR719121, PR729418, PR729595, PR733948, PR740843, PR740999, PR750904, PR762262, PR762427]
L.1 Application
L.1.1 The provisions of Schedule L only cover employees employed by the Civil Aviation Safety Authority.
L.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.
L.2 Definitions in this schedule
CASA means the Civil Aviation Safety Authority.
Home location means an employee’s usual work and living locality.
Location dependant means a person who is a spouse, including a de facto spouse, or child who normally resides with the employee and who is not in receipt of income above the minimum adult wage prescribed by the Fair Work Commission.
New location means the city or site to which an employee is moving to take up a new position.
Permanent transfer means a transfer where the new location becomes the employee’s home location on transfer.
Remote locality means Cairns, Darwin or Townsville.
Temporary transfer means a transfer which is not a Term transfer and is where an employee takes up duties temporarily away from their Home location for a period not expected to exceed 12 months.
Term transfer means a transfer where CASA requires an employee to take up duty for a period at a location determined by CASA as a term transfer location.
Term transfer location means Alice Springs, Charleville, Christmas Island, Cocos Island, Kalgoorlie, Karratha (including Dampier), Kununurra, Mt Isa, Port Hedland (including South Headland).
Transfer dependant means a person who is a spouse, including a de factor spouse, or child who normally resides with the employee, and who moves with the employee or to join the employee.
Transfer means Permanent transfer, Temporary transfer and Term transfer, unless otherwise specified.
L.3 Types of employment
L.3.1 Supplementing the types of employment detailed in clause 9 of the award, CASA’s employment categories include the following:
(a) Ongoing employment
Employees are employed on an ongoing basis through ongoing appointment, or in the case of where there is a probationary period, on satisfactory completion of the probation period.
(b) Fixed term employment
(i) Fixed term employment is where an employee is employed for a specific period of time or task, either on a full time or part time basis.
(ii) Fixed term employment will not usually be for a period of more than 12 months.
(iii) The contract of employment of a fixed term employee may be terminated at any time according to the terms of the individual employment contract.
(iv) Where a specified term employee is engaged as an ongoing employee without a break in service, the period of fixed term employment will count as continuous service.
(c) Casual employment
[L.3.1(c) varied by PR733948 from 27Sep21]
CASA may only engage a casual employee to perform work on an irregular and intermittent basis.
L.4.1 Where an employee is required to travel from their Home location in the course of their duties an allowance to cover the reasonable travelling, accommodation, meal and other incidental expenses would be paid in lieu of reimbursement provisions provided under clause 13.2 of this award.
L.4.2 The applicable allowance rate will be that determined by the Australian Taxation Office as a reasonable amount for the locality visited. This clause does not apply if the expenses are met by the employer.
[L.4.3 varied by PR592412, PR606627, PR704113, PR707812, PR719121, PR729595, PR740999, PR762427 ppc 01Jul23]
L.4.3 Part day travelling allowance: In lieu of the reimbursement provisions provided at clause 13.2 of this award for part day travel, where CASA requires an employee to be away from their Home location for at least 10 hours, CASA will pay them $69.48 if meals are not provided to the employee.
[L.4.4 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
[L.4.5 varied by PR592254, PR606479, PR707598, PR718971, PR729418, PR740843, PR762262 ppc 01Jul23]
L.5 Transfer (Relocation Allowances)
L.5.1 Employees will be recompensed for reasonable expenses incurred for a transfer for promotion or redeployment, including to a lower classification. In the case of a Permanent transfer and a Term transfer, CASA will pay reasonable expenses incurred by employees and their Transfer dependents.
L.5.2 The allowances and entitlements in this clause are discretionary if the transfer is arranged for the convenience of the employee, rather than to enhance operational efficiency.
L.5.3 Reimbursement of actual costs is limited to an amount up to the equivalent amount set out under this clause.
L.5.4 The allowances and entitlements in this clause will not apply to recruitment of new employees.
L.5.5 Travel Costs: CASA will reimburse an employee:
(a) travel costs and necessary meal costs when the employee travels to take up duty, including economy airfares and reasonable excess baggage, or if CASA approves the travel being undertaken by private motor vehicle, the motor vehicle allowance in accordance with clause 13.1 of this award; and
(b)&nb