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Note Printing Australia Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777396 and PR778139).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
11—Casual employment
27A—Employee right to disconnect
Table of Contents
[Varied by PR774886, PR778139]
5. Access to the award and the National Employment Standards................................... 7
Part 1—Application and Operation
This award is the Note Printing Australia Award 2016.
2. Commencement and transitional
2.1 This award commences on 7 November 2016.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
3. Definitions and interpretation
[Varied by PR733960, PR774886, PR777396]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship
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 PR733960 from 27Sep21; varied by PR777396 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
[Definition of casual worker deleted by PR733960 from 27Sep21]
Commission means the Fair Work Commission or any successor institution
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
employee means a person who is engaged by Note Printing Australia, whether working as a weekly worker or a casual worker
[Definition of employee organisation inserted by PR774886 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer is Note Printing Australia Pty Limited
[Definition of enterprise inserted by PR774886 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
JUMWG is the Joint Union/Management Working Group
JUWG is the Joint Union Working Group—a group comprised of delegates from the Unions
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
NPA is Note Printing Australia Limited
ordinary time earnings are an employee’s normal weekly wages inclusive of shift loading where applicable
OSF is Reserve Bank Officers’ Superannuation Fund
RDO is a rostered day off in accordance with clause 12.3—Rostered day arrangement
[Definition of small business employer inserted by PR774886 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
small employer means an employer who employs fewer than 15 employees
standard rate means the weekly or hourly minimum wage for a Level 5, Regular Pay Stream in clause 20.1
transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
union/s shall mean and refer to:
· Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;
· Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
· Finance Sector Union of Australia—Reserve Bank Officers’ Section;
week’s pay for the purposes of clause 18—Redundancy means the ordinary time rate of pay for the employee concerned provided that such rate shall exclude:
· overtime;
· penalty rates;
· disability allowances;
· shift allowances;
· special rates;
· fares and travelling time allowances;
· bonuses; and
· any other ancillary payments of a like nature
weekly worker is an employee who is engaged on a regular weekly full or part-time basis
[Definition of workplace delegate inserted by PR774886 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This award covers Note Printing Australia Limited and their employees in the classifications listed in clause 19 to the exclusion of any other award.
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 industry modern award or a modern award with occupational coverage.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
7.3 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 7.1; 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.
7.4 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.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 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.
7.8 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 2009 (Cth)).
7.9 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.
Part 2—Workplace Delegates, Consultation and Dispute Resolution
[Part 2—Consultation and Dispute Resolution renamed by PR774886 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774886 from 01Jul24]
7A.1 Clause 7A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 7A.
7A.2 In clause 7A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
7A.3 Before exercising entitlements under clause 7A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
7A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
7A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
7A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 7A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
7A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 7A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
7A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
7A.9 Exercise of entitlements under clause 7A
(a) A workplace delegate’s entitlements under clause 7A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 7A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 7A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7A.
8.1 Consultation regarding major workplace change
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and arbitration.
9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution to resolve the dispute including mediation, conciliation and arbitration.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
10.1 No person shall be employed except as:
(a) a weekly worker; or
(b) a casual worker
10.2 To become entitled to payment of a weekly wage a weekly worker shall perform such work as the employer shall occasionally require on the days and during the hours usually worked by such employee as per clause 26.1—Hours of work—day workers, of this award.
[Varied by PR733960, PR777396]
[11.1 deleted by PR733960 from 27Sep21]
11.1 Terms of employment
[11.2 renumbered as 11.1 and varied by PR733960 from 27Sep21]
A casual employee shall be informed at the time of engagement that such employment is on a casual basis.
[11.3 renumbered as 11.2 by PR733960 from 27Sep21]
(a) A casual employee shall be paid 1/38th of the weekly wage prescribed for the relevant classification within this award for each hour worked plus a loading of 25% and in the case of shift work, the rate prescribed for such work with an additional 25%.
(b) A casual employee, when working on a holiday or overtime or at any time for which a weekly employee is paid above his or her ordinary rate of pay, shall be paid the appropriate rate payable to the weekly employee with the addition of 25%.
11.3 Minimum number of hours
[11.4 renumbered as 11.3 by PR733960 from 27Sep21]
A casual employee, whether working day work or shift work, shall be paid the appropriate hourly rate provided for in clauses 20—Minimum Wages and 24–Payment of Wages, for a minimum of five hours per day (or for four hours when replacing an employee who is rostered off for four hours or who is absent through sickness).
11.4 Caring responsibilities
[11.5 renumbered as 11.4 by PR733960 from 27Sep21]
(a) Subject to the notice and evidentiary requirements in clauses 31.8 and 31.9 employees are entitled to not be available to attend work, or to leave work:
(i) if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or
(ii) upon the death in Australia of an immediate family or household member.
(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
11.5 Changes to casual employment status
[New 11.5 inserted by PR733960 ppc 27Sep21; renamed and substituted by PR777396 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 9—Dispute resolution.
12.1 Definition
Part-time employment for the purpose of this clause, will be permanent employment for less than 38 hours per week on a regular and continuous basis.
12.2 Hours of work
At the time of engagement the employer and the regular part-time employee will agree, in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day. Any agreed variation to the regular pattern of work will be recorded in writing. The employer shall roster a regular part-time employee for a minimum of three consecutive hours on any shift. Unless agreement in accordance with clause 26.1—Hours of work—day workers exists, ordinary hours will only be worked on weekdays.
(a) Part-time employees who work a set number of hours on each day of the week, Monday to Friday, shall receive a rostered day off in each four week cycle on the same basis as for employees outlined in clauses 26.9—Rostered day arrangement, 26.9(b)(i) and 26.9(b)(ii) except that the amount of credit accrued on each day worked will vary according to the actual hours worked, as provided in clauses 12.3(b) and 12.3(c).
(d) The amount by which an employee’s average pay will be reduced when he/she is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, Comcare, bereavement leave or jury service) is to be calculated as follows:
|
Total of credits not accrued during cycle |
X |
Average weekly wage |
|
|
|
number of hours worked |
12.4 Overtime
All time worked in excess of the specific number of hours as mutually agreed shall be paid at overtime rates. Payment will be in accordance with clause 29—Overtime, of this award. The employee shall not be required by the employer to work overtime without the employee’s agreement.
12.5 Shift work
All time worked by part-time employees on a shift work basis shall be in accordance with clauses 27—Shift work and 27.2—Shift allowances, of this award.
12.6 Pro rata conditions
(a) An employee engaged on a part-time basis shall be entitled to annual leave, public holidays, personal leave, bereavement leave, parental leave, long service leave and all other leave arising out of this award on a proportionate hourly basis as calculated in 20.2—Calculation of rates of this award.
(b) Subject to the conditions contained herein, all other provisions of this award relevant to full-time employees shall apply to part-time employees.
12.7 Conversion of existing employees
(a) A full-time employee who wishes to convert to part-time employment shall be permitted to do so, if the employer agrees and subject to the conditions set out in this clause. If such an employee transfers from full-time to part-time employment, all accrued award and legislative rights will be maintained and employment deemed to be continuous.
(b) All full-time employees who request part-time work and are given such work, may revert to full-time employment on a specified future date by agreement with the employer, such agreement to be recorded in writing.
(c) No existing full-time employee shall be transferred by the employer to part–time employment without the written consent of the employee.
(d) Part-time employees are eligible for consideration for appointment to vacant full-time positions. Where this occurs all accrued award and legislative rights will be maintained and employment deemed to be continuous.
12.8 Rate of pay
A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
13.1 Staffing of departments—safety provisions
(a) The employer shall not permit or require an employee under the age of 18 years to be employed on a power driven guillotine or a platen or cylinder machine unless he/she is an apprentice. No department shall be staffed exclusively by juniors.
(b) No employee under 16 years of age shall be employed on overtime. No employee under 17 years of age shall be employed on overtime before 7.00 am or later than 9.00 pm on any working day. The employer shall not require or permit an apprentice to work overtime unless at least one skilled worker of the same calling as the apprentice is employed at the same time as the apprentice.
14.1 Junior apprentices
(a) Apprentices will be engaged under the terms of the regulations or provisions of the Office of Training and Further Education.
(b) Upon completion of an apprenticeship continued employment will be at the discretion of the employer.
(c) A person under the age of 21 shall be indentured to learn and shall be fully and thoroughly taught and instructed by the employer in one, but not more than one, apprenticeship trade as proclaimed by the Office of Training and Further Education.
14.2 Apprentices day work/shift work provisions
(a) An apprentice (other than an apprentice engaged on block release technical school training) shall be employed only on day work during the years he/she is required to attend technical school;
(b) An apprentice engaged on block release technical school training, who is in at least his/her third year of apprenticeship and who has completed his/her block release training for the third year, may be employed on day work or shift work;
(c) An apprentice engaged on block release technical school training who has not completed three years block release training may, where the employer and such apprentice so agree, be employed on morning and afternoon shift (except during the periods of attendance on block release training) provided that the apprentice is at least 18 years of age.
(d) Nothing in this award shall prohibit an apprentice from working overtime in accordance with the provision of clause 29—Overtime, of this award.
14.3 Wages of apprentices
The wages of apprentices, including the wages of probationers for apprenticeship, shall be those payable pursuant to clause 20—Minimum wages, of this award.
14.4 Technical school training of apprentices
Each apprentice shall from the commencement of his/her apprenticeship attend and not be prevented by the employer from attending during the apprentice’s ordinary working hours an approved school as determined by the Office of Training and Further Education for a period of three years.
Where agreed by the Office of Training and Further Education the following shall apply:
(a) In calculating the period of one year, all time worked as overtime or other than ordinary business hours shall, if the apprentice so desires, either be allowed as a set-off against any absence (not being absences for sick leave or annual leave) during that period, or in reduction of the actual calendar period of one year (i.e. the one year will be calculated on the basis of so many ordinary working hours for this period, and allowing any such extra time worked as part performance thereof, though the actual one calendar year may not have elapsed).
(b) The apprentice shall from the commencement of his/her apprenticeship attend and not be prevented by the employer from attending during the apprentice’s ordinary working hours a school approved by the Office of Training and Further Education for instructions of the trade concerned. The hours of attendance required at school, whether they be on day release or block release, shall be determined by the school and the Office of Training and Further Education.
(c) The time during working hours occupied by an apprentice in attending a technical school (including the time occupied by him/her going from his/her work to such school and returning to his/her work) shall be reckoned as part of the time served under his/her indenture of apprenticeship, and shall not delay the completion of his/her indenture or interfere with the periodical increases of his/her wages.
(d) If the apprentice produces a certificate from the school showing that he/she has given satisfactory attention to the work of the school for a quarter or other term, then for that term there shall be no deduction from his/her pay for the time of absence.
(e) The school fees shall be reimbursed by the employer.
14.5 Adult apprentices
(a) An existing employee who has become an adult apprentice shall upon completion of the apprenticeship not be subject to the same review for continued employment as is the case with a junior apprentice.
(b) Conditions of employment of adult apprentices shall be those prescribed for junior apprentices indentured under the age of 21 years.
(c) Period of employment
(i) An adult apprentice shall be indentured for a period of four years in which period shall be included in the period of probation.
(ii) Despite the previous clause, where the Office of Training and Further Education or nominated authority approves an application for adult apprenticeship by an applicant who has been employed in the industry for at least two consecutive years and the Office of Training and Further Education or its nominated authority is satisfied the applicant has sufficient theoretical and practical knowledge, it may, subject to any conditions it may determine, permit the applicant to advance within the apprenticeship period by no more than one year.
(d) Technical school training of adult apprentices
Each adult apprentice shall from the commencement of his/her apprenticeship attend and not be prevented by the employer from attending during the apprentice’s ordinary working hours a school approved by the Office of Training and Further Education or its nominated authority for a period of three years.
(e) Wages of adult apprentices
(i) Where the person was employed by the employer in the industry immediately before becoming an adult apprentice, such person shall not suffer a reduction in actual rate of pay by virtue of becoming indentured.
(ii) Subject to the previous clause, the wages of an adult apprentice, including the wages of probationers for apprenticeship, shall be those payable to adult apprentices as prescribed in this award.
(f) Adult apprentices day work/shift work provisions
An adult apprentice shall be employed only on day work during the period he/she is required to attend technical school as determined in clause 14.5(d).
15.1 The employer may stand down employees in accordance with s.524 of the Act.
15.2 In the event of work being temporarily stopped by a breakdown of machinery, or by any cause for which the employer cannot be held responsible, and the employee having lost at least two days’ pay, the employee may inform the employer of his/her intention to terminate his/her employment, whereupon the employment shall be terminated without the employee being required to give the appropriate notice set out in clause 17.2—Notice of termination by an employee, and he/she shall be paid such moneys as are due to him/her under this award.
15.3 Service is not to be considered broken merely because employees have been stood down through no fault of their own.
15.4 Continuity of service shall be protected regarding entitlements of annual leave, holidays and sick leave.
16.1 The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.
16.2 Provided that if within a period of fourteen days from his/her last attendance at work or the date of his/her last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that he/she was absent for reasonable cause, he/she shall be deemed to have abandoned his/her employment.
16.3 Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day’s absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.
17.1 Notice of termination is provided for in the NES.
17.2 Notice of termination by an employee
(a) The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
(b) If an employee fails to give the notice specified in clause 17.2(a) the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under this award.
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
Where a business is transmitted from one employer to another, as set out in clause 18—Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
18.1 Redundancy pay is provided for in the NES.
18.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.
18.3 Severance pay—employees of a small employer
An employee of a small employer, as defined in clause 3—Definitions, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
|
Period of continuous service |
Severance pay |
|
Less than 1 year |
Nil |
|
1 year and less than 2 years |
4 weeks’ pay* |
|
2 years and less than 3 years |
6 weeks’ pay |
|
3 years and less than 4 years |
7 weeks’ pay |
|
4 years and over |
8 weeks’ pay |
*Weeks’ pay is defined in clause 3—Definitions.
18.4 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.
18.5 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 17.1–Notice of termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.
(a) An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.
(b) This provision does not apply in circumstances involving transmission of business as set out in clause 18.8.
(a) During the period of notice of termination given by the employer in accordance with clause 17.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice 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 shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
(c) The job search entitlements under this subclause apply in lieu of the provisions of clause 17.3.
(i) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
(ii) Where the employee rejects an offer of employment with the transmittee:
· in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
· which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
(b) The Commission may vary clause 18.8(a)(ii) if it is satisfied that this provision would operate unfairly in a particular case.
Clause 18.3 does not apply to:
(a) employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
(b) probationary employees;
(c) apprentices;
(d) trainees;
(e) employees engaged for a specific period of time or for a specified task or tasks; or
(f) casual employees.
The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.
Part 4—Minimum Wages and Related Matters
19.1 Alterations to existing classifications in clause 19.2 or the classification to be applied to new positions created after the date of operation of this award, and related progression criteria, shall be the subject of agreement between NPA and the JUWG. Amendments or additions to pay and classification structures will be issued as agreed addenda to the relevant structures.
Table 1: Regular pay stream
|
Level |
Passports |
Finishing |
Finance |
NNPDC |
Print Operations |
Logistics/Stores |
Quality |
Security Inks/Trade Waste |
|
L5 |
Operator Level 5 |
Guillotine Operator Level 5 |
|
|
Operator Level 5 |
Team Leader Level 5 |
Quality Assurance Technician Level 5 |
Operator Level 5 |
|
L4 |
Operator Level 4 |
Operator Level 4 |
Accounts Clerk Level 4 |
Operator Level 4 |
Operator Level 4 |
Operator/Stores person Level 4 |
Quality Assurance Technician Level 4 |
Operator Level 4 |
|
L3 |
Operator Level 3 |
Operator Level 3 |
Accounts Clerk Level 3 |
Operator Level 3 |
Operator Level 3 |
Operator/Stores person Level 3 |
Quality Assistant Level 3 |
Operator Level 3 |
|
L2 |
Operator Level 2 |
Operator Level 2 |
Accounts Clerk Level 2 |
Operator Level 2 |
Operator Level 2 |
Operator/Stores person Level 2 |
Quality Assistant Level 2 |
Operator Level 2 |
|
L1 |
Operator Level 1 |
Operator Level 1 |
Accounts Clerk Level 1 |
Operator Level 1 |
Operator Level 1 |
Operator/Stores person Level 1 |
Operator Level 1 |
Operator Level 1 |
Table 2.1: Qualified pay streams
|
Level |
Logistics/ Stores |
Passports |
Finishing |
AIG |
NNPDC |
Print Operations |
Security |
|
Q8 |
|
|
|
Inspection Systems Technician Q8 |
|
Security Printer Q8 |
|
|
Q7 |
|
|
|
Inspection Systems Technician Q7 |
|
Security Printer Q7 |
|
|
Q6 |
|
|
|
Inspection Systems Technician Q6 |
|
Security Printer Q6 |
|
|
Q5 |
|
|
|
Inspection Systems Technician Q5 |
Inspection Systems Technician Q5 |
Security Printer Q5 |
Senior Custodian Q5 |
|
Q4 |
|
|
|
Inspection Systems Technician Q4 |
|
Security Printer Q4 |
|
|
Q3 |
|
|
|
Inspection Systems Technician Q3 |
|
Security Printer Q3 |
|
|
Q2 |
Team Leader Q2 |
Operator Q2 |
|
Inspection Systems Technician Q2 |
Supervisor Q2 |
Security Printer Q2 |
Security Custodian Q2 |
|
Q1 |
Team Leader Q1 |
Operator Q1 |
Guillotine Operator Q1 |
Inspection Systems Technician Q1 |
|
Security Printer Q1 |
Security Custodian Q1 |
Table 2.2: Qualified pay streams (cont.)
|
Level |
Quality |
Maintenance |
Security Inks/Trade Waste |
Product Tooling |
Pre Press |
|
Q8 |
|
Mechanical and Electrical and Electronics Technician Q8 |
|
|
|
|
Q7 |
|
Mechanical and Electrical and Electronics Technician Q7 |
|
|
|
|
Q6 |
|
Mechanical and Electrical and Electronics Technician Q6 |
|
Technician Q6 |
Pre Press Technician Q6 |
|
Q5 |
|
Mechanical and Electrical and Electronics Technician Q5 |
|
Technician Q5 |
Pre Press Technician Q5 |
|
Q4 |
|
Mechanical and Electrical and Electronics Technician Q4 |
|
Technician Q4 |
|
|
Q3 |
|
Mechanical and Electrical and Electronics Technician Q3 |
Operator Q3 |
Technician Q3 |
Pre Press Technician Q3 |
|
Q2 |
Lead Quality Assurance Technician Q2 |
Mechanical and Electrical and Electronics Technician Q2 |
|
Technician Q2 |
|
|
Q1 |
Lead Quality Assurance Technician Q1 |
Mechanical and Electrical and Electronics Technician Q1 |
|
Technician Q1 |
Pre Press Technician Q1 |
[Varied by PR592252, PR606481, PR707600, PR718973, PR729420, PR740845, PR762264, PR774049]
[20.1 deleted by PR592252 ppc 01Jul17]
[20.2 renumbered as 20.1 and varied by PR592252, PR606481, PR707600, PR718973, PR729420, PR740845, PR762264, PR774049 ppc 01Jul24]
20.1 Wages rates paid under this award are listed below for employees whose classification falls within clause 19—Classifications of this award.
Regular pay stream:
|
Level |
Minimum weekly pay |
Minimum hourly pay |
|
|
$ |
$ |
|
Level 5 |
1032.30 |
27.17 |
|
Level 4 |
980.40 |
25.80 |
|
Level 3 |
949.20 |
24.98 |
|
Level 2 |
915.90 |
24.10 |
|
Level 1 |
891.50 |
23.46 |
Qualified pay stream:
|
Level |
Minimum weekly pay |
Minimum hourly pay |
|
|
$ |
$ |
|
Q8 |
1693.20 |
44.56 |
|
Q7 |
1600.20 |
42.11 |
|
Q6 |
1517.60 |
39.94 |
|
Q5 |
1424.80 |
37.49 |
|
Q4 |
1342.10 |
35.32 |
|
Q3 |
1249.50 |
32.88 |
|
Q2 |
1166.70 |
30.70 |
|
Q1 |
1032.30 |
27.17 |
[20.3 renumbered as 20.2 by PR592252 ppc 01Jul17]
The rate prescribed for all employees paid in accordance with the provisions of clause 20—Minimum wages shall be calculated in multiples of 10 cents, amounts less than 5 cents being taken to the lower multiple and amounts of 5 cents or more being taken to the higher multiple.
20.3 Wage rates—Junior apprentices
[20.4 renumbered as 20.3 by PR592252 ppc 01Jul17]
Where the work is performed by an apprentice the wage rate shall be no less than the undermentioned percentages of a skilled tradesperson classified at the standard rate.
|
Year of apprentice |
Percentage |
|
1st year |
55% |
|
2nd year |
65% |
|
3rd year |
75% |
|
4th year |
91% |
20.4 Wage rates—Adult apprentices
[20.5 renumbered as 20.4 by PR592252 ppc 01Jul17]
Where the work is performed by an adult apprentice, the wage rate shall be no less than the undermentioned percentages of a skilled tradesperson classified at the standard rate.
|
Year of apprentice |
Percentage |
|
1st year |
83% |
|
2nd year |
88% |
|
3rd year |
93% |
|
4th year |
100% |
20.5 Wage rates—Juniors
[20.6 renumbered as 20.5 by PR592252 ppc 01Jul17]
Where the work is performed by a junior not being an apprentice, the wage rate shall be no less than the undermentioned percentages of the wage of an employee working at the rate provided at Level 1 Regular Pay Stream appearing in the clause of this award for the area in which he/she is employed.
|
Years of age |
Percentage |
|
17 and under |
50% |
|
18 |
60% |
|
19 |
75% |
|
20 |
100% |
20.6 Supported wage system
[20.7 renumbered as 20.6 by PR592252 ppc 01Jul17]
See Schedule A
20.7 National training wage
[20.8 renumbered as 20.7 by PR592252 ppc 01Jul17]
See Schedule C
[Varied by PR592417, PR606628, PR704178, PR707814, PR719122, PR729597, PR741000, PR750906, PR762428, PR774215]
21.1 Car allowance
(a) Car allowance is paid to employees who use their car on NPA business with official approval.
(b) Full cost car allowance
[21.1(b) varied by PR729597, PR741000, PR762428, PR774215 ppc 01Jul24]
The rate at which the car allowance is payable is determined by engine capacity.
|
2000cc & below |
109.24 cents per kilometre with a minimum payment of $8.93 |
|
Over 2000cc |
$1.39 per kilometre with a minimum payment of $10.88 |
(c) Variable cost car allowance
[21.1(c) varied by PR729597, PR741000, PR762428, PR774215 ppc 01Jul24]
Where an employee is entitled to payment of the variable cost car allowance they shall be paid:
|
Up to 2000cc |
21.72 cents per kilometre |
|
Over 2000cc |
26.33 cents per kilometre |
(d) Car allowance rates are to be maintained at current level until the Australian Taxation Office Motoring Cost Schedule exceeds those rates. The rates applicable for this purpose will be those specified for up to 2000cc and over 3000cc as per the schedule.
21.2 Tool allowance
(a) In addition to wage rates payable in accordance with clause 20—Minimum wages, tradespersons (with exception of printing tradespersons) required to supply and maintain tools in efficient working order as specified, shall be paid a tool allowance of 1.8% of the weekly standard rate per week.
(b) Apprentices will receive the full allowance on the same basis as for the relevant tradesperson.
(c) The allowance shall apply for all purposes of this award.
21.3 Transport allowance
For employees required to work overtime or temporary shift work starting or finishing at times when their normal or reasonable alternative means of transport are not available, the employer will reimburse any additional fares involved or where no public transport is available, the cost of a taxi to and from home.
[21.4(a) varied by PR592417, PR606628, PR704178, PR707814, PR719122, PR729597, PR741000, PR762428, PR774215 ppc 01Jul24]
(a) An employee required to work overtime before or after ordinary hours for more than one and a half hours shall, if not provided with a suitable meal, be paid a meal allowance of $29.22.
(b) A further meal allowance shall be paid to an employee, if not provided with a suitable meal, for the meal taken during the second crib break and during each subsequent meal break.
(c) An employee required to work overtime on a Saturday, Sunday or a public holiday for more than four hours shall either be supplied with a meal or paid a meal allowance for the meal taken during his/her crib break and during each subsequent meal break.
(d) Nothing in this clause shall serve to reduce the quantum of meal money payable prior to the commencement of this award.
21.5 Automatic adjustment of wage-related allowances
[New 21.5 inserted by PR750906 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
21.6 Adjustment of expense related allowances
[21.5 renumbered as 21.6 by PR750906 ppc 15Mar23]
(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 in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Meals out and take away foods |
|
Tool allowance |
Is a wage related allowance increased according to the standard rate. |
|
Vehicle/travel allowance |
Private motoring sub-group |
22. Payments for when work not performed
(a) A stand by for work is that period of time when an employee is required by the employer to be ready to perform work outside of their ordinary working hours but is not required to be at their place of employment during that period of stand by. An employee and the employer must make arrangements as to where the employee may be contacted by the employer and meet the employer’s request to report for work if necessary or be released from standing by for work, otherwise the employee’s movements during such period of stand by shall be unrestricted.
(b) For all time an employee is required to stand by for work as described in this clause he/she shall be paid:
(i) if a weekly employee, at the rate of the worker’s hourly day work rate as prescribed by clause 20.1 of this award, or
(ii) if a casual employee, at the rate prescribed in clause 11.2—Casual rate of pay, of this award for day work.
(c) An employee required to stand by for work at his/her place of employment shall be paid as though he/she were working, i.e. if such stand by is during:
(i) the ordinary hours of work, payment shall be made at and be part of their ordinary wage, or
(ii) overtime hours, the time shall be reckoned as part of his/her period of overtime and payment shall be made at the appropriate rate of pay as prescribed in clause 29—Overtime, of this award.
(a) An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours’ work or where the employee has been paid for standing by, in accordance with clause 22.1, he/she shall be paid for a minimum of three hours’ work at the appropriate rate for each time the employee is so recalled; except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three or four hours if the job the employee was recalled to perform is completed within a shorter period.
(b) This clause shall not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime work in the circumstances specified in this clause shall not be regarded as overtime for the purpose of clause 29–Overtime, where the actual time worked is less than three hours on such recall or on each of such recalls.
(a) Current overtime provisions will continue to apply to maintenance staff who are called back to work overtime.
(b) On call and call out lists will be compiled by maintenance section supervisors who will also determine the number of staff to be placed on lists and any rostering arrangements associated with the lists.
(c) Maintenance staff who appear either on an on call list or call out list will receive a weekly allowance equivalent to 1/52nd of the annual Telstra standard rental charge. This allowance represents the reimbursement of telephone rental charges. The weekly payment includes weekends and public holidays.
(d) Maintenance staff, who are designated/rostered to be on call to support production areas working shift, between the hours of 6.00 am to 11.00 pm Monday to Friday inclusive, are required to be contactable by telephone or metropager and available to return to NPA without delay to address the problem. A daily payment equivalent to 2.1% of the weekly wage of the Standard rate will be made.
(e) These allowances will not apply to staff other than those in the Qualified pay stream, or staff relieving in more senior positions.
23.1 An employee who relieves a position in a higher level, that is clearly identifiable and singular to that particular band as per clause 19—Classification of employees, will be eligible for a higher duty payment, provided that the period worked is not less than two hours on any given day. Work performed for two hours or more will attract higher duty payments for the whole day. A higher duty will also be recorded for the purpose of accreditation.
23.2 Rate:
Employees who are required to relieve in a position which is of a higher level will be eligible for a higher payment duty calculated at 3.25% of the standard rate for the higher level worked.
23.3 Where a position is being relieved by an employee classified more than one Level below, the employee will receive the higher rate of pay for the time relieving, instead of the 3.25% of the standard rate.
23.4 The performance of Higher duty functions will be appropriately recorded. The employer will document the:
(a) training provided by:
(b) skills acquired in;
(c) skills utilised in;
(d) performance of
the higher duty functions.
Such documentation will be supplied to the employee and supervisor and used for the purposes of accreditation in respect of an employee’s performance review and promotional aspirations.
24.1 An employee shall be paid his/her wages fortnightly on any week day and such wages, including payment for any absences authorised by this award, shall be paid no later than four clear days after the end of the pay period in respect of which they have become due.
(a) Wages shall be paid by electronic funds transfer during working hours provided that wages made by electronic funds transfer shall be credited to an employee’s bank account without cost to the employee at the time of transfer.
(b) Standard payroll deductions will be made on a basis authorised by employees.
24.2 By agreement made with the employees’ representatives, the employer may change the pay day or pay period providing that no employee shall suffer any financial disadvantage as a result of the change.
24.3 When in accordance with a notice of termination of employment as provided by this award an employee’s employment is terminated during the course of a week, all money due to them shall be paid at the termination of their employment.
24.5 Should the employer fail to forward all wages due within the time prescribed in clause 24.4 above, the employer shall, for each subsequent working day upon which he/she fails to forward such wages, pay to the employee a full day’s pay. Provided that where the employee’s right to pay or the amount thereof is disputed this subclause shall not, in respect of the amount in dispute only, commence to apply until such dispute has been resolved by such other authority as may be involved. Clause 24.4 shall apply to any amount which is not in dispute.
[Varied by PR771432]
25.1 Superannuation legislation
[25.1 substituted by PR771432 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 25 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
25.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 25.3(a) or (b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 25.3(a) or (b) was made.
25.4 Superannuation fund
[25.4 varied by PR771432 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 25.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 25.2 and pay any amount authorised under clauses 25.3(a) or 25.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) Media Super; or
(b) Australian Super; or
(c) 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 My Super product or is an exempt public sector scheme; or
(d) A superannuation fund or scheme which the employee is a defined benefit member of.
25.5 The employer shall make contributions as follows in respect of each employee who is a defined benefit member of a superannuation fund or scheme:
(a) Non-contributory membership of a superannuation fund or scheme the employee is a defined benefit member of
Contributions by the employer will be made in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 and associated regulations as amended from time to time.
(b) Contributory membership of a superannuation fund or scheme the employee is a defined benefit member of
The employer will pay an additional contribution equal to 3% of wages (as defined in the Rules of the fund), and pay whatever additional contributions are required for the employer-funded defined benefits provided by the fund, in accordance with the Rules of the fund and to comply with legislation.
25.6 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 25.2 and pay the amount authorised under clauses 25.3(a) or 25.3(b) while the employee is on any paid leave.
26. Ordinary hours of work and rostering
26.1 Hours of work—Day workers
The ordinary hours of work, exclusive of meal breaks shall not exceed an average of 38 hours per week over a work cycle of four weeks.
26.2 Day work—spread of hours
(a) Day work
Day work is work performed between the hours of 7 am and 6 pm except as provided for in clause 26.5.
(b) Summer time
Despite anything elsewhere contained in this award, in any area where by reason of the legislation of the State of Victoria summer time is prescribed as being in advance of the standard time of that State, the length of any shift shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to State legislation. The expressions standard time and summer time shall bear the same meaning as prescribed by the relevant State legislation.
26.3 Ordinary hours and weekend work
The ordinary hours of work shall be worked on not more than five days Monday to Friday inclusive of each week. Where agreement exists through the JUMWG and between the employer, the union or unions and the majority of employees in the work section or sections concerned, the ordinary hours of work may be arranged on any day of each week including Saturday and Sunday.
26.4 Wash-up time
An employee shall be allowed 10 minutes prior to ceasing work for the day to wash and change clothes.
(a) The ordinary hours of day work shall not exceed 10 hours on any day. In any arrangement of ordinary hours where the ordinary hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned;
(b) Where agreement exists through the JUMWG and between the employer, the union or unions and the employees in the work section or sections concerned, day work may be performed between the hours of 7 am and 7 pm where the ordinary hours of day work exceed eight hours and do not exceed 12 hours a day, subject to the arrangements listed in clause 27.4.
26.6 Fixation and Change of Hours
The hours of work performed between the hours of 7 am and 6 pm and subject to clauses 26.1—Hours of work—day workers and 28.1—Meal breaks, including the meal period of each employee shall be determined by the employer provided that:
(a) The employer shall not alter the usual hours of any employee unless and until that employee has had one week’s notice of the alteration which is to be made. Any alteration to the normal start and finish times for individuals or groups will operate on a volunteer basis where possible; and
(b) Any alterations to the duration and/or the usual commencing time of the meal break of employee should be made only as provided for in clause 28.1—Meal breaks of this award.
The daily working hours of each work room, including the meal period and the name and working hours of each employee employed in that work room whose hours differ there from, shall be posted and conspicuously displayed in such work room.
26.8 Savings
(a) Nothing in this clause shall serve to increase the existing hours of work for employees engaged as at November 1990 and prior to the commencement of this award.
(b) Such employees who worked a 35 hour week as of November 1990 shall continue to work in accordance with the hours of work provisions that applied to them prior to the commencement of this award.
(a) For employees working an average 38 hour week, the standard ordinary hours shall be worked as a nineteen day four-week cycle of eight hours per day with 0.4 hours of each day worked accruing as an entitlement to a rostered day off between Monday and Friday in each four-weekly cycle subject to clauses 26.9(b) and 26.9(c).
(b) Employees will be rostered off in either of the following ways:
(d) The pay rates for all employees, shall be averaged over the full four-weekly cycle to avoid fluctuations in weekly wage payments.
(e) In the event that a rostered day falls on a public holiday or because of exceptional circumstances, an employee is required to work on his/her rostered day off, such rostered day shall be:
(i) rescheduled to another mutually convenient day within the current work cycle;
(ii) allowed to accumulate to the next four-weekly cycle; however, no more than two rostered days will be permitted in any four-weekly cycle.
(f) An adjustment to pay will be made in respect of any employee who joins or leaves the employer’s service during a four weekly cycle to compensate for credits earned/rostered days taken during that cycle.
(g) Sickness on a rostered day is to be considered in the same manner as sickness on a weekend i.e. there will be no substitution for another day off.
(h) Parental leave, all types of leave without pay and long service leave do not accrue 0.4 hours per day towards a rostered day off and are considered inclusive of rostered days off.
(i) When an employee is absent from duty for a whole day he/she will not accrue a credit because he/she would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which he/she would otherwise have been paid. Consequently, during the week of the work cycle he/she is to work less than 38 ordinary hours he/she will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the credit he/she does not accrue for each whole day during the work cycle he/she is absent.
(ii) The amount by which an employee’s average weekly pay will be reduced when he/she is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers’ compensation, bereavement leave or jury service) is to be calculated as follows:
|
Total of credits not accrued during cycle |
x |
average weekly pay |
|
|
|
38 |
(i) Savings
Nothing in this clause shall serve to diminish the RDO arrangements applying to employees working a 35 hour week prior to the commencement of this award.
27.1 Definitions
For the purpose of this clause:
(a) Morning shift means any work commencing at or after 5.00 am and prior to 7.00 am
(b) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight
(c) Night shift means:
(i) any shift finishing after midnight and at or before 7.00 am for non–continuous shiftworkers; and
(ii) any shift finishing after midnight and at or before 8.00 am for continuous shiftworkers
(d) Continuous shift work means work carried on with consecutive shifts of employees throughout the 24 hours of each of not more than five consecutive days, Monday to Friday, inclusive, without interruption except during break–downs or meal breaks or due to unavoidable causes beyond the control of the employer
(e) Alternating shift work means shift work which rotates or alternates between morning shift/day work and/or afternoon shift work and night shift work
Alternating shift work hours for alternating morning and afternoon shifts will be 6.00 am to 2.30 pm and 2.20 pm to 10.50 pm.
An employee who is on morning shift, afternoon shift or a night shift which rotates with or alternates with day work and/or an afternoon shift shall, in addition to the day work wage by this award prescribed for the work that he/she performs, be paid 20% of that day work wage.
(a) An employee who:
(i) during a period of engagement on a shift, works night shift only; or
(ii) remains on night shift for a longer period than four consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work shall, during such engagement period or cycle, be paid for all time worked during ordinary working hours on such night shift at 30% in addition to the day work wage prescribed by this award for the work that he/she performs.
(b) The relevant shift allowance prescribed by this clause for a shiftworker shall be part of their weekly wage for the purpose of calculating the appropriate overtime rate payable in accordance with clauses 27—Shift work and 29–Overtime.
27.3 Ordinary hours shift work
(a) The ordinary hours of work for a shiftworker shall not exceed eight hours a day Monday to Friday inclusive and shall not exceed 38 hours in any week. Work by a night shiftworker commencing on a Friday may continue into the Saturday for the remaining ordinary hours of work which commenced on the Friday.
(b) Where agreement exists through the JUMWG and between the employer and the union or unions and the majority of employees in the section or sections concerned, the ordinary hours of work may be arranged on any day of the week including Saturday and Sunday.
27.4 Extended hours shift work
(a) The ordinary hours of shift work shall not exceed 10 hours on any day. In any arrangement of ordinary hours where the ordinary hours are to exceed eight on any shift, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned, and
(b) Where agreement exists through the JUMWG and between the employer, the union or unions and the majority of the employees in the section or sections concerned, extended shift work hours not exceeding 12 hours per day may be worked provided that:
(i) agreement is reached through the JUMWG and between the employer, the union or unions and the majority of employees on any appropriate rates to apply to extended shifts and not exceeding 12 hours per day.
(ii) suitable roster arrangements are made.
(iii) proper supervision of work and safety is provided in terms of Commonwealth and State legislation.
27.5 Fixation and change of hours
(i) the employer shall not alter the usual daily working hours of any employee unless and until they have had one week’s notice of the alteration which is to be made; and
(ii) any alteration to the duration and/or the usual commencing time of the meal period of employees shall be made only as provided in this award.
(b) Working hours fixed pursuant to this clause shall not be changed until at least one week after such fixation has been in actual operation. Should any alteration of the working hours be effected other than in accordance with clause 27.5(a), the employee shall be paid double time for all time worked outside of his/her ordinary hours.
27.6 Change of working periods
(a) An employee who during the course of a week’s work is transferred from day work to night shift or from night shift to day work shall, without loss of pay, be allowed at least ten hours’ break between the time of finishing of his/her day work and the time of commencing his/her night shift or from the time of finishing his/her night shift and the time of commencing his/her day work, as the case may be. If such a ten hour break is not allowed the employee shall be paid double time for all hours worked by him/her until he/she has had such ten hours’ break.
(b) An employee shall not be transferred from day work to night shift or vice versa more than once in a working week.
(c) This clause shall, with the necessary changes, apply to any employee changed from day work to shift work or from shift work to day work or from one shift to another shift.
27.7 Shiftworkers not to work alone
The employer shall not require or permit a shiftworker to work before 7.00 am or after 6.30 pm in connection with power-driven machinery (except floor cleaning or floor polishing appliances) or corrosive acids or poisonous substances unless they work within normal sight or hearing of at least one other person.
27.8 Meal break—continuous shift work
An employee on continuous shift work shall, during the shift take a meal break of 30 consecutive minutes. The break shall be counted as time worked and paid as such.
27.9 Posting of working hours
Notice of daily working hours shall be posted in accordance with clause 26.7.
27A. Employee right to disconnect
[27A inserted by PR778139 from 26Aug24]
27A.1 Clause 27A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
27A.2 Clause 27A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
27A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
27A.4 Clause 27A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is required to stand by for work under clause 22.1 or is being paid the on call allowance under clause 22.3; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the stand by or on call.
27A.5 Clause 27A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 22.2.
(a) The time allowed for a meal break shall be 30 minutes.
(c) The usual time of an employee’s meal period may be altered:
(i) By the employer after the employee has had one week’s notice of the alteration which is to be made; or
(ii) By the employer acceding to a request by an employee that he/she desires a change in order to attend to some business arrangement, domestic or other personal necessity, in which case notice of alteration shall not be required; or
(iii) By the employer where a change is necessary in order to meet an operational requirement and/or for continuous running of a machine, in which case notice of alteration shall not be required. Such change shall not be effected in circumstances where the employee has an existing commitment that prevents the meal period being altered.
(d) Subject to the provisions of clause 28.1(b) an employee employed as a regular maintenance person shall work during meal breaks at ordinary time, whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can be done only while such plant is idle.
(e) The duration and time of day of the usual and actual meal period of an employee determined in pursuance of this clause shall be shown in the employer’s time and wages records.
(f) Nothing in this clause shall serve to decrease the meal break that applied to employees engaged as of September 1990 and prior to the commencement of this award.
28.2 Rest breaks
There shall be a rest interval of ten minutes each working day for each employee, the time to be fixed by the employer between the 2nd and 3rd hour from the commencement of work, such time to count as time worked. A rest break of ten minutes under the same conditions shall be available to shiftworkers.
29.1 All overtime earnings of an employee shall be paid in full, and no deduction shall be made from such overtime earnings by reason of any time not worked by such employee.
29.2 Weekly workers
All duties performed by a weekly worker in excess or outside the hours mentioned in clauses 26.1—Hours of work—day workers or 27.3 of this award, as the case may be, or in excess of his/her ordinary working hours shall be overtime, and shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
29.3 Overtime on a Saturday or a Sunday
(b) A weekly employee who has been notified that he/she will be required to work on a Saturday (not being work which is continuous with work which commenced on a Friday or continuous with ordinary hours on a Saturday or Sunday) or on a Sunday and so reports for work and is ready, willing and able to perform such work shall be provided with at least four hours’ work or at least four hours pay at double time.
(c) Except as otherwise provided in clause 27—Shift work, the provisions of this clause shall apply to a shiftworker other than a 7 day continuous shiftworker provided that a shiftworker required to work on a Saturday immediately after the finishing time of his/her ordinary working hours which commenced on a Friday shall be paid in accordance with clause 29.3(a).
29.4 Work on a holiday
An employee other than a 7 day continuous shiftworker, required to work on a holiday shall be paid pursuant to clause 35.5 of this award.
29.5 Meal (crib) period during overtime
(a) An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.
(b) Unless the period of overtime is less than one and a half hours, an employee, before starting overtime after working ordinary hours, or before starting ordinary hours after working overtime, shall be allowed a meal break of 20 minutes which shall be paid at ordinary rates. The employer and employee may agree to any variation of this provision to meet the circumstances in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
(c) An employee not engaged on continuous work working on a Saturday, Sunday or public holiday shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of work, if the employee continues work after such crib time. Where a day worker is required to work on a Saturday, Sunday or public holiday the first prescribed crib time shall, if occurring between 10.00 am and 1.00 pm, be paid at ordinary rates.
(d) Where overtime is worked before the ordinary hour of commencing work and such overtime is of one and a half hours or more the employee shall, within four hours of the commencement of such overtime, be required to take a paid crib break of 20 minutes. Nothing in this clause shall in any way affect the taking by the employee of his ordinary meal period prescribed by clause 28.1—Meal breaks of this award.
29.6 Meal allowance
The circumstances under which a meal allowance shall be payable to employees working overtime are set out in clause 21.4—Meal allowance.
29.7 Break between working periods
(a) 36 break: An employee, other than a 7 day continuous shiftworker, who is required to work more than six consecutive days if a day work employee or six consecutive shifts if a shift work employee without a clear interval from work of 36 hours after the sixth day or shift shall be paid double time or double rate for all work performed by him/her after the sixth day or shift until he/she shall have had such clear interval of 36 hours. If an employee is stood off for any period during the ordinary working week in order to allow a 36 hour break there shall be no reduction in their weekly wage.
(b) Ten-hour break: An employee other than a 7 day continuous shiftworker who has worked overtime shall be informed that he/she is entitled to and be granted a break of at least ten hours between the time of finishing work and the time when he/she next commences work, and no deductions shall be made from their pay because of any time lost by reason of such break. Where the employee is required to work before he/she has completed the break of ten hours he/she shall be paid double time or double rate for all the time worked by him/her until he/she shall have had a break of at least ten hours.
29.8 Limitation of overtime
The employer shall not require or permit an employee to work overtime in connection with power-driven machinery (except floor cleaning or floor polishing appliances), corrosive acids or poisonous substances unless he/she works within normal sight or hearing of at least one other person.
Part 5—Leave and Public Holidays
30.1 Annual leave is provided for in the NES.
30.2 This clause of the award supplements the provisions of the NES which deal with annual leave. Annual leave does not apply to casual employees.
30.4 Annual leave loading
Employees other than 7 day continuous shiftworkers covered by this award will receive a payment for annual leave loading in terms of the following provisions:
(a) The amount payable for annual leave loading cannot exceed the leave loading payable under clauses 30.4(b) and (c) in respect of the maximum weekly rates applicable under the Qualified pay stream Level 8.
Day workers will be paid a sum equal to 17.5% of their weekly wage as at 31 December in the year in which the annual leave accrued.
Shiftworkers will be entitled to receive whichever is the greater of the amount payable based on clause 30.4(b) above or the shift allowance and penalty payments he/she would have received had he/she not been on leave during the relevant period.
30.5 Payment in lieu prohibited
Except as provided in clause 30.3 hereof, payment shall not be made or accepted in lieu of annual leave.
30.6 Leave allowed before due date
The employer may allow annual leave to an employee before the right thereto has accrued, but where this occurs a further period of annual leave shall not accrue until the expiration of the 12 months relating to this approved annual leave. When leave has been granted to an employee pursuant to this sub-section, and the employee subsequently leaves or is terminated by the employer before completing the 12 months’ continuous service for which leave was granted, the employer may, for each complete month of the qualifying period of 12 months not served by the employee, deduct from whatever is payable to the employee upon termination, one 12th of the amount of wages paid on account of the annual leave, which shall not include any sums paid for any of the holidays prescribed by clause 35—Public holidays.
30.7 Annual closure
(a) The employer may impose a total or part plant closure to be continuous with Christmas and Easter public holidays provided that at least 4 months’ notice is given of each such intended closure.
(b) The amount of annual leave so used during such closures shall not exceed 10 days in any calendar year.
(c) Annual leave not used for enforced closures may be retained for a period no longer than 15 months after the completion of the calendar year in which it has accrued. Annual leave will be taken at a time or times agreed between the employer and the employee, or failing agreement at a time determined by the employer provided at least four weeks’ notice is given to the employee.
30.8 Illness/bereavement/jury service during annual leave
(a) Where an employee is ill during annual leave and a medical certificate or statutory declaration substantiating the illness is produced, annual leave will be reinstated for the relevant period of the illness.
(b) Similarly, annual leave will be reinstated to an employee for compassionate leave of three working days or more provided the provisions of clause 31.12—Compassionate leave are satisfied.
(c) Subject to clause 32.2—Jury service where an employee is summoned for jury service during annual leave, such annual leave will be reinstated for the period of such attendance.
31. Personal/carer’s leave and compassionate leave
31.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
31.2 This clause of the award supplements the provisions of the NES which deal with personal/carer’s leave and compassionate leave.
31.3 Amount of paid personal leave
(a) Paid personal leave is available to an employee, other than a casual employee, when they are absent:
· due to personal illness or injury;
· for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.
(b) The employee shall be entitled to a personal leave entitlement of 15 days in any one year of service.
(c) Where the current’s year personal leave entitlement has been exhausted the employee is entitled to use any personal leave accumulated under clause 31.4.
(d) Pro rata sick leave shall be granted to an employee with less than one year’s service, provided that no employee shall be granted more than five days’ paid personal leave before the completion of three months’ service.
31.4 Accumulation of personal leave
Personal leave accrues by the lesser of:
· 15 days less the number of days of personal leave taken during the years or:
· the balance of the year’s unused personal leave.
31.5 The effect of workers’ compensation
The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers’ compensation. Award employees shall be entitled to the provision of workers compensation in terms of The Commonwealth Employees Rehabilitation Compensation Act 1988 as administered by Comcare.
31.6 Personal leave for personal injury or sickness
Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
31.7 Personal leave to care for an immediate family or household member
(a) Subject to clauses 31.7(b) and 31.7(c), a full-time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.
(b) The entitlement in clause 31.7(c) is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.
(c) Except as provided for in clause 31.7(d), not more than 76 hours of personal leave can be used in a year by an employee for the purposes set out in clause 31.7(a).
(i) These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.
(d) By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in clause 31.7(a), beyond the relevant limit set out in clause 31.7(c). In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
31.8 Employee must give notice
(a) When an employee is taking personal leave, the employees shall, as soon as reasonably practicable and during the ordinary hours on the first day or shift, inform the employer of their inability to attend for duty and the estimated duration of the absence.
(b) If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift, the employee shall inform the employer within 24 hours of the absence.
31.9 Evidence supporting claim
(a) When taking leave for personal illness or injury, the employee may require a medical certificate, statutory declaration or other satisfactory evidence regarding paid personal leave. However, any absence over eight days per year will require a medical certificate.
(b) When taking leave to care for members of their immediate family or household who are sick and require care and support or require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the illness or emergency and that such illness or emergency resulted in the person concerned requiring care by the employee.
31.10 Personal leave and other leave
(a) Personal leave and RDOs
An employee who is ill on a rostered day off (RDO), will be unable to claim personal leave for the day which will be treated as a RDO.
(b) Personal leave and annual leave
If an employee is ill while on annual leave and produces at the time, satisfactory medical evidence, then they may be granted, at a time convenient to the employer, additional leave equivalent to the period of illness and the absence will be recorded as personal leave provided that the employee:
(i) has sufficient personal leave credits;
(ii) at the time of obtaining the medical certificate is confined to their home or residence and the medical certificate so indicates.
(c) Personal leave and long service leave
Where an employee is ill during long service leave, this leave will be reinstated, subject to the provision of a medical certificate or statutory declaration substantiating the illness.
31.11 Unpaid personal leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of clauses 31.8 and 31.9 are met.
(a) In the event of death of a member of an employee’s immediate family, an employee shall be entitled to up to three days, or up to five days where long distance travelling is involved, without loss of pay on each occasion and on production of satisfactory evidence of death.
(b) An employee may take unpaid compassionate leave by agreement with the employer.
32.1 Community service leave is provided for in the NES.
(a) An employee required to attend for jury service during his/her ordinary hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount paid in respect of hours he/she would have worked had he/she not been on jury service.
(b) The employee shall give the employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.
(c) The employee shall notify the employer with as much advance notice as possible of the date he/she is required to attend for jury service.
33.1 On application, leave without pay is available at the employer’s discretion subject to the needs and convenience of the organisation. It will not be granted where accrued annual leave exists, and annual leave, long service leave and rostered days off will themselves not accrue during leave without pay. An employee absent on leave without pay will not be eligible for payments in respect of public holidays or rostered days falling within the period of leave without pay.
33.2 Employees on leave without pay in excess of one month will have their salary progression date deferred by the amount of leave without pay taken, assuming all other progression criteria are satisfied. Where a member of staff resigns within three months of taking leave without pay, long service leave gratuity payments and leave loading payments will be calculated on the salary operating prior to the commencement of the leave.
34.1 Parental leave is provided for in the NES.
34.2 This clause supplements the entitlements provided for in the NES and provides for paid parental leave.
(a) For females, maternity leave may be taken, which includes 14 weeks’ paid confinement leave.
(b) For males, paternity leave may be taken, which includes one week’s paid leave in addition to a maximum of 52 weeks’ unpaid leave.
(c) Adoption leave may be taken by any employee, and includes six weeks’ paid leave in the maximum of 52 weeks’ leave where the child is less than 12 months.
34.3 Communication during parental leave
(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with clause 34.3(a).
35.1 Public holidays are provided for in the NES.
· New Year’s Day,
· Good Friday,
· Easter Saturday,
· Easter Monday,
· Christmas Day and
· Boxing Day.
(b) The following days, as prescribed in the State of Victoria:
· Australia Day,
· Anzac Day,
· Queen’s Birthday and
· Labour Day
and an additional day observed as Melbourne Cup Day.
(c) Where in the State of Victoria, public holidays are declared or prescribed on days other than those set out in clauses 35.2(a) and 35.2(b) above, those days shall constitute additional holidays for the purpose of this clause.
(d) An employee shall be entitled to be absent from their employment without deduction of pay on any day observed as a Bank Holiday in the City of Melbourne.
35.3 Substitution of public holidays
(a) Substitute days may also be taken in lieu of public holidays listed in this clause. Where substitute days are provided, the day on which the holiday actually falls shall not be deemed to be a public holiday.
(b) When Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December.
(c) When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December.
(d) When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.
(e) By agreement between the employer, the Joint Union Working Group and the majority of employees in a particular section or sections concerned other days may be substituted for any of the days or substituted days provided for in clause 35.2.
35.4 Payment for holidays
The wage payable under this clause to a weekly employee, other than a 7 day continuous shiftworker, when that employee is absent from work on a public holiday which occurs on an ordinary working day, shall be one fifth of their ordinary weekly wage for each such holiday.
(a) An employee who has been notified that he/she will be required to work on a public holiday and reports for work and is ready, willing and able to perform the work for which he/she has been notified shall be provided with at least four hours’ work or at least four hours' pay at the rate prescribed by this award.
(b) Where an employee works on a public holiday which occurs on an ordinary working day, he/she shall receive their ordinary pay for that holiday and in addition shall be paid for the work which he/she performs at the rate of time and one-half of their ordinary weekly wage.
(c) An employee who works on a holiday within the hours of their ordinary working day and works on such holiday before the ordinary hour of commencing work or after the ordinary hour of finishing work shall be paid at the rate of two and one-half times the ordinary time work rate for the hours worked before the ordinary hour of commencing work or after the ordinary hour of finishing work.
35.6 Easter Saturday
(a) An employee who is required to work on Easter Saturday shall be paid at the rate of double time and one half for all work done by him/her. In the event of insufficient work being provided to keep an employee continually employed for a minimum of four hours he/she shall be paid for any non-working time in that four-hour period at the rate of double time and one half of the time worker’s ordinary hourly rate.
(b) This clause shall, with the necessary changes, apply to an employee on day work or shift work, as the case may be.
35.7 When holiday to be taken
The holidays specified in clause 35.2 shall be taken as follows:
(a) for a day work employee, a morning shift employee, or an afternoon shift employee –- the day on which the holiday is observed;
(b) for a night shift employee – the night of the day on which the holiday is observed, except where the employer and the majority of employees working night shift in the establishment shall agree that the holiday shall be taken on the eve of the day on which the holiday is observed. The holiday for a night shiftworker shall be one night off work with pay comprising the consecutive hours for the work for that night.
Schedule A—Supported Wage System
[Varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
A.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
A.2 In this schedule:
Approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
Assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
Relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
Supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
A.3 Eligibility criteria
A.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
A.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
A.4 Supported wage rates
A.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause A.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[A.4.2 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
A.4.2 Provided that the minimum amount payable must be not less than $106 per week.
A.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
A.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
A.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
A.6 Lodgement of SWS wage assessment agreement
A.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
A.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
A.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
A.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
A.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
A.10 Trial period
A.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
A.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[A.10.3 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
A.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
A.10.4 Work trials should include induction or training as appropriate to the job being trialled.
A.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause A.5.
Schedule B—School-based Apprentices
B.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
B.4 For the purposes of clause B.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
B.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
B.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
B.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.
B.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression, if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
B.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
B.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule C—National Training Wage
[Varied by PR592252, PR606481, PR707600, PR718973, PR729420, PR740845, PR762264, PR774049]
C.1 Title
This is the National Training Wage Schedule.
C.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
C.3 Coverage
C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.
C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
C.4 Types of Traineeship
The following types of traineeship are available under this schedule:
C.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
C.5 Minimum Wages
[C.5 substituted by PR592252, PR606481, PR707600, PR718973, PR729420, PR740845, PR762264, PR774049 ppc 01Jul24]
C.5.1 Minimum wages for full-time traineeships
(a) Wage Level A
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
522.20 |
|
Plus 1 year out of school |
439.00 |
522.20 |
607.70 |
|
Plus 2 years out of school |
522.20 |
607.70 |
707.20 |
|
Plus 3 years out of school |
607.70 |
707.20 |
809.70 |
|
Plus 4 years out of school |
707.20 |
809.70 |
|
|
Plus 5 or more years out of school |
809.70 |
|
|
(b) Wage Level B
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
585.40 |
|
Plus 2 years out of school |
508.90 |
585.40 |
686.60 |
|
Plus 3 years out of school |
585.40 |
686.60 |
783.00 |
|
Plus 4 years out of school |
686.60 |
783.00 |
|
|
Plus 5 or more years out of school |
783.00 |
|
|
(c) Wage Level C
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
398.70 |
439.00 |
508.90 |
|
Plus 1 year out of school |
439.00 |
508.90 |
575.50 |
|
Plus 2 years out of school |
508.90 |
575.50 |
642.90 |
|
Plus 3 years out of school |
575.50 |
642.90 |
716.10 |
|
Plus 4 years out of school |
642.90 |
716.10 |
|
|
Plus 5 or more years out of school |
716.10 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
Wage level A |
840.40 |
872.30 |
|
Wage level B |
812.80 |
843.70 |
|
Wage level C |
743.40 |
771.50 |
C.5.2 Minimum wages for part-time traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
17.17 |
|
Plus 1 year out of school |
14.44 |
17.17 |
19.99 |
|
Plus 2 years out of school |
17.17 |
19.99 |
23.26 |
|
Plus 3 years out of school |
19.99 |
23.26 |
26.64 |
|
Plus 4 years out of school |
23.26 |
26.64 |
|
|
Plus 5 or more years out of school |
26.64 |
|
|
(b) Wage Level B
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
19.26 |
|
Plus 2 years out of school |
16.75 |
19.26 |
22.59 |
|
Plus 3 years out of school |
19.26 |
22.59 |
25.76 |
|
Plus 4 years out of school |
22.59 |
25.76 |
|
|
Plus 5 or more years out of school |
25.76 |
|
|
(c) Wage Level C
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
13.11 |
14.44 |
16.75 |
|
Plus 1 year out of school |
14.44 |
16.75 |
18.92 |
|
Plus 2 years out of school |
16.75 |
18.92 |
21.15 |
|
Plus 3 years out of school |
18.92 |
21.15 |
23.55 |
|
Plus 4 years out of school |
21.15 |
23.55 |
|
|
Plus 5 or more years out of school |
23.55 |
|
|
(d) School-based traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:
|
Year of schooling |
||
|
Year 11 or lower |
Year 12 |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
|
13.11 |
14.44 |
|
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
Wage level A |
27.65 |
28.69 |
|
Wage level B |
26.74 |
27.75 |
|
Wage level C |
24.45 |
25.38 |
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
C.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix D1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
C.6 Employment conditions
C.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
C.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.
C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix C1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
C1.1 Wage Level A
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I |
|
Beauty |
III |
|
Business Services |
I |
|
Chemical, Hydrocarbons and Refining |
I |
|
Civil Construction |
III |
|
Coal Training Package |
II |
|
Community Services |
II |
|
Construction, Plumbing and Services Integrated Framework |
I |
|
Correctional Services |
II |
|
Drilling |
II |
|
Electricity Supply Industry—Generation Sector |
II |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I |
|
Financial Services |
I |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I |
|
Laboratory Operations |
II |
|
Local Government (other than Operational Works Cert I and II) |
I |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I |
|
Maritime |
I |
|
Metal and Engineering (Technical) |
II |
|
Metalliferous Mining |
II |
|
Museum, Library and Library/Information Services |
II |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
C1.2 Wage Level B
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I |
|
Asset Maintenance |
I |
|
Australian Meat Industry |
I |
|
Automotive Industry Manufacturing |
II |
|
Automotive Industry Retail, Service and Repair |
I |
|
Beauty |
II |
|
Caravan Industry |
II |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I |
|
Extractive Industries |
II |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I |
|
Forest and Forest Products Industry |
I |
|
Furnishing |
I |
|
Gas Industry |
I |
|
Health |
II |
|
Local Government (Operational Works) |
I |
|
Manufactured Mineral Products |
I |
|
Metal and Engineering (Production) |
II |
|
Outdoor Recreation Industry |
I |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II |
|
Property Services |
I |
|
Public Safety |
I |
|
Pulp and Paper Manufacturing Industries |
I |
|
Retail Services |
I |
|
Screen and Media |
I |
|
Sport Industry |
II |
|
Sugar Milling |
I |
|
Textiles, Clothing and Footwear |
I |
|
Transport and Logistics |
I |
|
Visual Arts, Craft and Design |
I |
|
Water Industry |
I |
C1.3 Wage Level C
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I |
|
Conservation and Land Management |
I |
|
Funeral Services |
I |
|
Music |
I |
|
Racing Industry |
I |
|
Rural Production |
I |
|
Seafood Industry |
I |
Schedule D—Skills Classification—Brief Skill Descriptors
D.1 Passports
D.1.1 Operator (Exam) Level 3, Progression Requirements
The employee is able to perform operator duties within Passports production to ensure that quality and production requirements are met.
D.1.2 Operator (Exam) Level 4, Progression Requirements
The employee is able to assist on machines, run the laser process, in addition to counting and examining.
D.1.3 Operator Level 4, Progression Requirements
The employee is able to operate passports production equipment to deliver product of the appropriate quantity and in accordance with production plans and procedures.
D.1.4 Operator Level 5, Progression Requirements
The employee is able to run an allocated process, assist with developing SOPs, SWIs and delivering training to other operators.
D.1.5 Operator (Examining Coordinator) Level 5, Progression Requirements
The employee is able to prioritise and delegate exam work, and act as the first point of contact for quality and reconciliation issues.
D.1.6 Operator Q1, Progression Requirements
The employee is responsible for the operation of designated work areas and allocates staff to meet production schedule, quality, environment and safety requirements within passports production by actively promoting a culture of continuous improvement.
D.1.7 Operator (K4) Q2, Progression Requirements
The employee is able to run the K4 machine and recognises a higher degree of technical ability to run the machine.
D.2 Finishing
D.2.1 Operator Level 2, Progression Requirements
This role is an entry level position; Operators will be in training to perform Operator Level 3 position. In addition, Operators Level 2 will perform packaging and/or knocking up for duties for the guillotine.
D.2.2 Operator Level 3, Progression Requirements
The employee is able to perform the requirements of the Operator Level 2 position and able to assist in the operation of the BPS and/or is able to perform all packaging tasks independently.
D.2.3 Operator Level 4, Progression Requirements
The employee is able to perform the requirements of the Operator Level 3 position and operate the BPS.
D.2.4 Operator Level 4 (Cutpak), Progression Requirements
The employee is able to perform the requirements of an Operator Level 4 position and is able to operate the Cutpak.
D.2.5 Operator (Guillotine) Level 5/Q1, Progression Requirements
The employee is able to ensure that notes/product are cut to specification and processed in accordance with established procedures.
D.3 AIG
D.3.1 Technician Q3, Progression Requirements
This role is an entry level position in training to perform the Technician Q5 role.
D.3.2 Technician Q5, Progression Requirements
The employee is able to perform maintenance on automation equipment to ensure machine efficiency.
D.3.3 Technician Q6, Progression Requirements
The employee is able to perform all the requirements of the Technician Q5 role, in addition, the employee is able to set up the BPS 2000 machines from scratch, perform low level adaptation-magnetics, fluorescents, standard sensors etc. and demonstrate high level trouble shooting problem solving.
D.3.4 Technician Q7, Progression Requirements
The employee is able to perform all the requirements of the Technician Q6 position. The employee is able to demonstrate a machine set-up to a high level, train other Technicians and demonstrate strong leadership skills.
D.4 Finance
D.4.1 Accounts Clerk (Entry) Level 1 Progression Requirements
This role is an entry level position and will be in training to perform Level 2 tasks.
D.4.2 Accounts Clerk Level 2, Progression Requirements
The employee is able to maintain filing and record systems in accordance with organisational policy.
D.4.3 Accounts Clerk Level 4, Progression Requirements
The employee is able to perform all accounts payable and receivable functions in accordance with established procedures, providing an efficient and courteous and/or personal reception to NPA visitors.
D.5 NNPDC
D.5.1 Operator (NNPDC) Level 2, Progression Requirements
This role is an entry level position and will be in training to perform the Operator Level 3 position.
D.5.2 Operator (NNPDC) Level 3, Progression Requirements
The employee is able to perform the requirements of the Operator Level 2 position, Operators at this level achieve 80% of the average throughput, input data with maximum of 10 errors total per month in all databases and are able to identify own errors and with assistance rectify errors.
D.5.3 Operator (NNPDC) Level 4, Progression Requirements
The employee is able to perform the requirements of the Operator Level 3 position, at this level achieve 90% of the average throughput, ability to input data with minimal errors, relieve in all Supervisor positions, and assist others with troubleshooting in Compass Entree & BPS 1000.
D.5.4 Supervisors (NNPDC) Q2, Progression Requirements
The employee is able to perform the requirements of the Operator Level 4 position and is able to perform supervisory duties associated with cash holdings, dealing with discrepancies, destruction and the BPS.
D.5.5 Inspection Technician Systems Technician, (NNPDC) Q5, Progression Requirements
The employee is able to perform maintenance on automation equipment to ensure machine efficiency and compliance to RBA standards.
D.6 Print Operations
D.6.1 Print Operator (Print Operations) Level 2, Progression Requirements
This role is an entry level position and will be in training to perform the Operator Level 3 position.
D.6.2 Operator (Print Operations) Level 3, Progression Requirements
The employee is capable of performing feeder operator duties on at least 2 presses.
D.6.3 Operator (Print Operations) Level 4, Progression Requirements
The employee is capable of performing feeder operator duties on all presses, and demonstrates good problem solving ability with feeders.
D.6.4 Lead Operator (Print Operations) Level 5 (Relief Operator on Orlof), Progression Requirements
The employee is able to perform all of the requirements of the Operator Level 4 position and is able to operate the Orlof presses during breaks and for short periods of printer relief.
D.6.5 Security Printer, Q3, Progression Requirements
This role is an entry or training level position.
D.6.6 Security Printer, Q4, Progression Requirements
The employee is considered a No.2 Printer, the employee is able to set up and run existing/standing jobs on a press, requires supervision on Set up/Make Ready of NEW Jobs, able to interpret Job bag (Item spec) and quality plan requirements for a process, and is developing troubleshooting skills.
D.6.7 Security Printer, Q5, Progression Requirements
The employee is considered a No.1 Printer, fulfilling the requirements of a Q4 role. The employee can “Run-on” their process, train others on their process and demonstrates competent troubleshooting skills.
D.7 Maintenance
D.7.1 Technician (Entry) Q3, Progression Requirements
This role is in an entry level position with less than 3 years trade experience (NPA or Post Apprenticeship).
D.7.2 Technician Q4, Progression Requirements
The employee holds a trade qualification in Mechanical/Electrical or Electronic, is able to work under minimum supervision, competently meet the skill requirements of the skills survey, demonstrating a score of 25% and consistently produces work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 12 months).
D.7.3 Technician Q5, Progression Requirements
The employee is able to perform the requirements of the Technician Q4 position, demonstrates experience within their particular area of expertise, competently meets the skill requirements of the skills survey, and demonstrates a score of 50-80%. The technician has consistently produced work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 24 months).
D.7.4 Technician Q6, Progression Requirements
The employee is able to perform all of the requirements of the Technician Q5 role, competently meet the skill requirements of the skills survey, and demonstrates a score of 81%-90%. The technician has consistently produced work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 24 months).
D.7.5 Technician Q7, Progression Requirements
The employee is able to perform all of the requirements of the Technician Q6 role, able to compile data and generate reports, able to identify improvements and follow them through to implementation. The employee is able to demonstrate improvements to equipment and processes, assist the Manager/Planner/Team Leader in planning the scheduled preventative maintenance activities, including PMO’s and inventory management using MEX and E-View.
D.7.6 Electrical Specialist, Q8, Progression Requirements
The employee is able to perform all of the requirements of the Technician Q6 role. This position requires high-level electronic and electrical expertise and is able to direct, supervise, co-ordinate and train other trade staff as required.
D.7.7 Mechanical Specialist, Q8, Progression Requirements
The employee is able to perform all of the requirements of the Technician Q6 role. This position requires high-level mechanical expertise and is able to direct, supervise, co-ordinate and train other trade staff as required.
D.7.8 Product Tooling Technician (Maintenance) Q2 (Entry Level), Progression Requirements
This role in an entry level position with less than 3 years trade experience (NPA or Post Apprenticeship).
D.7.9 Product Tooling Technician Q3, Progression Requirements
The employee holds a relevant trade qualification and has consistently produced work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 6 months).
D.7.10 Product Tooling Technician Q4, Progression Requirements
The employee is able to perform all of the requirements of the Technician Q3 role, competently meets the skill requirements of the skills survey, and demonstrates a score of 25%. The technician has consistently produced work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 12 months).
D.7.11 Product Tooling Technician Q5 Progression Requirements
The employee is able to perform all of the requirements of the Technician Q4 role, competently meet the skill requirements of the skills survey, and demonstrates a score of 50–80%. The technician has consistently produced work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 24 months).
D.7.12 Product Tooling Technician Q6 Progression Requirements
The employee is able to perform all of the requirements of the Technician Q5 role, competently meet the skill requirements of the skills survey, and demonstrates a score of 81-90%. The technician has consistently produced work of a high quality, to the company’s requirements (to be demonstrated over a period of at least 24 months).
D.8 Logistics
D.8.1 Operator (Floor), Level 2, (Entry Level) Progression Requirements
This role is an entry level role in training for the Level 3, Operator (Logistics) position.
D.8.2 Operator (Floor), Level 3, Progression Requirements
The employee is able to perform store and move security product between production areas and WIP strongrooms.
D.8.3 Operator (Strongroom Custodian), Level 2, (Entry Level) Progression Requirements
This role is an entry level role in training for the Level 3, Strongroom Custodian position.
D.8.4 Operator (Strongroom Custodian), Level 3, Progression Requirements
The employee is able to store and balance all material stored in the WIP Strongrooms. The employee is able to issue and record security material loaned to NPA staff for testing and other authorised purposes under dual control requirements.
D.8.5 Team Leader (Floor)
The employee is able to perform the requirements of the Operator Level 3 (Floor) position and is able to lead a work team.
D.8.6 Team Leader (Vault)
The employee is able to perform the requirements of the Operator (Floor) role and is able to lead a work team.
D.9 Stores
D.9.1 Operator (Entry) Level 2 Progression Requirements
This role is an entry level role in training for the Level 3, Operator position.
D.9.2 Operator Level 3 Progression Requirements
The employee is able to perform Stores work without supervision, and is able to manage the requisition process using Ax.
D.9.3 Operator Level 4 Progression Requirements
The employee is able to perform all of the requirements of the Operator Level 3 position. The employee is able to perform Stores’ functions at a high level, including Ax, as well as apply 5S principles.
D.9.4 Team Leader (Floor), Q2, Progression Requirements
The employee is able to perform all of the requirements of the Operator Level 4 position and is able to lead the Stores function.
D.10 Quality
D.10.1 Quality Assistant (Entry), Level 2 Progression Requirements
This role is an entry level role and will be in training to perform Level 3 tasks.
D.10.2 Quality Assistant, Level 3 Progression Requirements
The employee is able to conduct quality assurance testing to verify that work-in-process complies with product specifications.
D.10.3 Quality Assurance Technician Level 4 (Entry) Progression Requirements
This role is an entry level role for the Quality Assurance Level 5/Q1 position.
D.10.4 Quality Assurance Technician Level 5/Q1 Progression Requirements
The employee is able conduct quality assurance testing to verify that raw materials, work-in-process and finished products comply with product specifications.
D.10.5 Lead Quality Assurance Technician (Examination) Q2 Progression Requirements
The employee is able to perform the delivery of quality assurance activities within the manufacturing areas of NPA. The employee is able to deliver testing protocols and quality standards with a focus on instrumentation and manual test methods, to provide quality assurance information to banknote customers.
D.10.6 Lead Quality Assurance Technician (Instrumentation) Q2 Progression Requirements
The employee is able to perform the delivery of quality assurance activities within the manufacturing areas of NPA. The employee is able to deliver testing protocols and quality standards with a focus on instrumentation and manual test methods and to provide quality assurance information to banknote customers.
D.11 Security Inks
D.11.1 Operator (Entry) Level 2, Progression Requirements
The role is an entry level role and will be in training to perform Level 3 position.
D.11.2 Operator Level 3, Progression Requirements
The employee is able to manufacture and supply inks to the Print Hall in accordance with Security Ink Centre (SIC) production planning schedule and within agreed SIC/Laboratory specifications. The employee is required to complete a minimum of 6 months’ training.
D.11.3 Operator Level 4, Progression Requirements
The employee is able to perform all of the requirements of the Operator, Level 3 position. The employee is able to perform the following: use small 3 roll mills unsupervised, use large 3 roll mill unsupervised, complete a product, complete road shop order, QC testing, thinning of product, mix product, arrange sign off, organise delivery and able to use vacuum mixer.
D.11.4 Operator Level 5, Progression Requirements
The employee is able to perform all of the requirements of the Operator, Level 4 position. The employee is able to perform the following: colour matching, train other operators to a Level 4 role, and calibrate QC equipment.
D.12 Trade Waste
D.12.1 Operator (Entry) Level 2 Progression Requirements
This role is an entry level position and is required to complete a 6 month qualifying period.
D.12.2 Operator (Trade Waste), Level 3
The employee is in training to perform the Operator, Level 5 position, undertaking a relevant trade qualification. The employee is in training to perform the checks and adjustments, calibrate and clean pH meter, operate and maintain filter press, maintain accurate trade waste records, perform stock takes of chemicals and raw materials, segregate and dispose of waste correctly, store, handle and use chemicals and raw materials, demonstrates a knowledge of statutory regulations relating to Trade Waste operations, and comply with NPA’s safety management system.
D.12.3 Operator (Trade Waste), Level 5
The employee is in training to perform the Operator, Q3 position, and demonstrates consistent performance in accordance with the Company’s requirements over a period.
D.12.4 Lead Operator (Trade Waste), Q3, Progression Requirements
The employee is able to perform all of the requirements of the Operator, Level 5 position, and has obtained a relevant trade qualification.
D.13 Security
D.13.1 Security Custodian Officer, Q1, Progression Requirements
The role is an entry level position and will be in training to perform the Q2 position. The employee is also required to complete a relevant qualification.
D.13.2 Security Custodian Officer, Q2, Progression Requirements
The employee is able receipt, dispatch and store notes and other related duties in support of the wider NNPDC operations, collect, store and deliver finished product, and destruct and dispose of all production spoils and used printing instruments.
D.13.3 Senior Custodian Officer, Level Q5, Progression Requirements
The employee is able to perform all of the requirements of the Security Custodian, Q2 role. The employee is able to manage spoils management and lead the team.
D.14 Pre Press
D.14.1 Pre Press Technician, Q3, Progression Requirements
The employee is able to perform tasks to produce analogue and digitally generated lithographic films, lithographic plates, letterpress plates, flexographic plates, screens and spark magnets. The employee has obtained a relevant trade qualification.
D.14.2 Pre Press Technician – Plate maker, Q3, Progression Requirements
The employee is able to perform tasks to produce analogue and digitally generated lithographic films, lithographic plates, letterpress plates, flexographic plates, screens and spark magnets. The employee has obtained a relevant trade qualification.
D.14.3 Product tooling Technician, Q2, Progression Requirements
The employee is able to manufacture, refurbish or repair printing plates within the intaglio Platemaking and electrodeposition processes. The employee has obtained a relevant trade qualification.
D.14.4 Product tooling technician – Intaglio Platemaking Supervisor, Q6, Progression Requirements
The employee is able to perform the requirements of the Product Tooling Technician, Q2 position and is able to supervise and support Intaglio Platemaking and Electro Deposition staff, including the manufacturing process, refurbishment and repair of intaglio printing plates and other security instruments.
Schedule E—Key principles of the Skills Based Classification Structure
E.1 Pay streams
E.1.1 NPA's pay structure has two pay streams–a regular and a qualified pay steam.
E.1.2 The regular pay stream is used for all positions that do not require formal qualifications and has 5 levels:
· Level 1 = casual positions
· Level 2 = entry level for permanent employees
· Level 3 = progression to level 3 occurs once employees have met the progression requirements of their position and have completed a 6 month qualifying period
· Level 4 = higher level positions
· Level 5 = overlapping pay point between regular pay stream and qualified pay stream
The qualified pay stream covers all jobs that generally require formal qualifications. There are 8 levels in the qualified pay stream.
E.2.1 The Skill Based Classification Structure is designed to recognise employees who obtain additional skills, provided that those skills are required as an integral part of their regular role and are used on a regular basis.
E.2.2 The system is not designed to progress employees simply for obtaining additional skills.
E.2.3 Employees will only be entitled to progress if:
(a) they satisfy all the requirements of the higher level position; and
(b) an ongoing position at the higher level is available and is required by the business to be performed.
E.2.4 Managers are responsible for determining whether there is a vacancy in their work group for the purposes of determining whether progression is possible.
E.2.5 If a vacancy is identified and the manager has been given approval to fill the vacancy, the vacant position will be advertised. At the manager's discretion, advertising may be limited to a particular work group.
E.2.6 In selecting an applicant, the manager must be satisfied that the applicant has satisfied all of the progression criteria associated with the vacant position. Where more than one applicant satisfied these requirements, selection would occur as per NPA's regular recruitment and selection process.
E.2.7 If there are no applicants who meet the requirements of the vacant position, the manager may select the employee who most closely meets the requirements of the position. However, the employee would not receive a pay increase unless and until he or she satisfies all of the requirements of the higher level position.
E.2.8 Employees who are promoted to a higher level position are subject to a 6 month qualifying period. If, during the qualifying period, the employee is assessed as having met all of the requirements of the qualifying period (which must be clearly documented and explained to the employee at the commencement of their promotion), their promotion will be confirmed. If the employee does not meet all of the requirements of the qualifying period, then they will revert back to their previous position and salary.
E.2.9 The progression criteria for all positions in the pay streams will be available to employees.
E.2.10 Employees will be assessed by a nominated manager. The manager may engage a job expert or workplace assessor to assist with the assessment process.
E.2.11 NPA will consult with employees before implementing changes to the classification tables or pay streams.
E.2.12 Managers will provide reasonable training opportunities to all employees. However, decisions regarding the training opportunities provided to employees will be at the discretion of management.
E.2.13 Supervisory positions within the regular pay stream will be paid at Level 5/Q1 or, in some cases, may be paid up to Q2.
E.2.14 Where a supervision roles primarily involves supervising employees who are paid under the qualified stream, the salary will be one level above that which the employee would have received had they not been in a supervisory role.
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