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| MA000146 PR750898 |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error
Variation on the Commission’s Own Motion
(AM2023/3)
AUSTRALIAN CAPITAL TERRITORY PUBLIC SECTOR ENTERPRISE AWARD 2016
[MA000146]
State and Territory government administration | |
JUSTICE HATCHER,PRESIDENT | SYDNEY,10 MARCH 2023 |
Section 160 of the Fair Work Act 2009 (Cth) –variation on the Commission’s own motion –adjustment of wage-related allowances –variations to schedules B and F.
A. Further to the decision issued by the Fair Work Commission on 10 March 2023 [[2023] FWCFB 46] the above award is varied as follows:
1. By renumbering clause B.1.3 as B.1.4 and inserting a new clause B.1.3 as follows:
B.1.3 Table 3—Other Wage Related Allowances
Allowance | Clause | Rate of allowance $ | % of standard rate | Frequency |
First aid—basic level | 12.17 | 13.47 | 53.2 | Per week |
First aid—advanced level | 12.17 | 16.77 | 66.23 | Per week |
First aid—Occupational or Specialist Level | 12.17 | 20.30 | 80.17 | Per week |
Community language—CLA Rate 1 | 12.18(a) | 23.05 | 91.03 | Per week |
Community language—CLA Rate 2 | 12.18(a) | 46.12 | 182.15 | Per week |
Pest inspection certificate | 12.19 | 5.25 | 20.73 | Per week |
Electrical trades employee –licence allowance | 12.20 | 28.81 | 113.80 | Per week |
Plumber’s licence allowance | 12.21 | 37.78 | 149.20 | Per week |
Construction Industry Allowance | 12.24(a) | 36.16 | 142.80 | Per week |
Plumbing tradespeople –disability allowance | 12.25(a) | 27.16 | 107.27 | Per week |
Compute quantities | 12.27 | 5.93 | 23.42 | Per day |
Plant operator - sideling allowance | 12.28 | 0.43 | 1.7 | Per hour |
Senior plant operator | 12.29 | 19.37 | 76.5 | Per week |
Plant operator - Kerrick cleaner | 12.30 | 3.23 | 12.76 | Per day |
Diamond driller | 12.31 | 6.06 | 23.93 | Per week |
Pest Control Unit | 12.32 | 13.32 | 52.6 | Per week |
Gardener in charge | 12.33 | 8.71 | 34.4 | Per week |
On-call—per night | 16.11.3 | 13.01 | 51.40 | Per night |
On-call—when on call for day and a night | 16.11.3 | 32.70 | 129.15 | Per occasion |
Close call—per night | 16.11.4 | 26.02 | 102.76 | Per night |
Close call—when on close call for day and a night | 16.11.4 | 65.43 | 258.40 | Per occasion |
2. By deleting renumbered clause B.1.4 and inserting the following:
B.1.4 Automatic adjustment of wage-related allowances
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.
3. By deleting clause F.1.2 and inserting the following:
F.1.2 Overtime allowance
In place of the provision at subclause 16.7—Payment for overtime,a Correctional Officer grade 4 will be paid an allowance at the rate of $6756.15 per annum in lieu of payment for overtime duty. This allowance is 26683.04% of the standard rate and will automatically adjust to reflect the specified percentage when the standard rate is varied.
4. By deleting clause F.4.2 and inserting the following:
F.4.2 Special education allowance
A School Assistant employed in a Special School,or employed to assist a teacher or teachers with an individual special education student or students,or in a designated special education class,will be paid an allowance of $1112.08 per annum. This allowance is 4392.10% of the standard rate and will automatically adjust to reflect the specified percentage when the standard rate is varied.
B. This determination comes into operation on 15 March 2023. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 15 March 2023.
PRESIDENT
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