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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.

clerical work includes recording, typing, calculating, invoicing, billing, charging, checking, receiving and answering calls, cash handling, operating a telephone switchboard, attending a reception desk and administrative duties of a clerical nature.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means a national system employee as defined by section 13 of the Act.

[Definition of employee organisation inserted by PR774702 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employer means a national system employer as defined by section 14 of the Act.

[Definition of enterprise inserted by PR774702 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

enterprise instrument has the meaning given by subitem 2(1) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

Fair Work Regulations means the Fair Work Regulations 2009 (Cth).

minimum hourly rate means the minimum hourly rate prescribed in clause 16—Minimum rates.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

National Employment Standards, see Part 2-2 of the Act. Divisions 3 to 12 of Part 2-2 of the Act constitute the National Employment Standards. An extract of section 61 of the Act is reproduced below.

The National Employment Standards are minimum standards applying to employment of employees. The minimum standards relate to the following matters:

(a) maximum weekly hours (Division 3);

(b) requests for flexible working arrangements (Division 4);

[Paragraph (ba) inserted by PR733914 ppc 27Sep21; varied by PR777229 from 27Aug24]

(ba) casual employment (Division 4A);

(d) annual leave (Division 6);

[Paragraph (e) varied by PR750446 ppc 15Mar23]

(e) personal/carer's leave, compassionate leave and paid family and domestic violence leave (Division 7);

(f) community service leave (Division 8);

(g) long service leave (Division 9);

(h) public holidays (Division 10);

(i) notice of termination and redundancy pay (Division 11);

(j) Fair Work Information Statement (Division 12).

night shift, see clause 25.1(b) (Application of Part).

on-hire means the on-hire of an employee by their employer to a client, where the employee works under the general guidance and instruction of the client or a representative of the client.

permanent night shift, see clause 25.1(c) (Application of Part).

shiftworker means an employee to whom Part 6—Shiftwork applies.

[Definition of small business employer inserted by PR774702 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means the minimum weekly rate for a Level 2, Year 1 in clause 16.1 (Minimum rates).

State reference public sector modern award has the meaning given by subitem 3(2) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

State reference public sector transitional award has the meaning given by subitem 2(1) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

Table 1—Facilitative provisions means the Table in clause 7.2.

Table 2—Entitlements to rest break(s) means the Table in clause 15.2.

Table 3—Minimum rates means the Table in clause 16.1.

Table 4—Junior rates means the Table in clause 16.4.

Table 5—Overtime rates for employees other than shiftworkers means the Table in clause 21.4.

Table 6—Overtime rates for shiftwork means the Table in clause 28.1.

Table 7—Penalty rates for shiftwork means the Table in clause 31.1.

Table 8—Period of notice means the Table in clause 41.1.

[Definition of workplace delegate inserted by PR774702 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

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

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

4. Coverage

[Varied by PR743400]

4.1 This occupational award covers:

(a) private sector employers throughout Australia in relation to employees wholly or principally engaged in clerical work; and

(b) private sector employees who are wholly or principally engaged in clerical work and who are employed by employers mentioned in clause 4.1(a).

4.2 This occupational award also covers:

(a) on-hire employees working in a classification defined in Schedule A—Classification Structure and Definitions and the on-hire employers of those employees if the employer is not covered by another modern award containing a classification that is more appropriate to the work performed by the employee; and

(b) trainees employed by a group training employer and hosted by an employer working in a classification defined in Schedule A—Classification Structure and Definitions and the group training employers of those trainees.

4.3 However, this occupational award does not cover any of the following:

(a) employers covered by a modern award that contains clerical classifications; or

(b) employees excluded from award coverage by the Act; or

NOTE: See section 143(7) of the Act.

(c) employees covered by a modern enterprise award or an enterprise instrument; or

(d) employees covered by a State reference public sector modern award or a State reference public sector transitional award; or

(e) employers in relation to employees mentioned in clauses 4.3(c) or 4.3(d).

4.4 Without limiting clause 4.3, this occupational award does not cover employers covered by any of the following industry awards with respect to employees covered by the awards:

(a) Aged Care Award 2010; or

(b) Airline Operations—Ground Staff Award 2020; or

(c) Airport Employees Award 2020; or

(d) Alpine Resorts Award 2020; or

(e) Animal Care and Veterinary Services Award 2020; or

(f) Banking, Finance and Insurance Award 2020; or

[4.4(g) varied by PR743400 ppc 11Jul22]

(g) Black Coal Mining Industry Award 2020; or

(h) Business Equipment Award 2010; or

[4.4(h) varied by PR743400 ppc 11Jul22]

(i) Contract Call Centres Award 2020; or

(j) Educational Services (Post-Secondary Education) Award 2020; or

(k) Educational Services (Schools) General Staff Award 2020; or

[4.4(l) varied by PR743400 ppc 11Jul22]

(l) Fitness Industry Award 2020; or

[4.4(m) varied by PR743400 ppc 11Jul22]

(m) General Retail Industry Award 2020; or

[4.4(n) varied by PR743400 ppc 11Jul22]

(n) Health Professionals and Support Services Award 2020; or

(o) Higher Education Industry—General Staff— Award 2020; or

(p) Hospitality Industry (General) Award 2020; or

(q) Legal Services Award 2020; or

(r) Market and Social Research Award 2020; or

(s) Rail Industry Award 2020; or

(t) Restaurant Industry Award 2020; or

(u) Sporting Organisations Award 2020; or

[4.4(v) varied by PR743400 ppc 11Jul22]

(v) Telecommunications Services Award 2020.

4.5 If an employer is covered by more than one award, an employee of the employer who is engaged wholly or principally in clerical work is covered by the award containing the classification that is most appropriate to the work performed by the employee and to the environment in which it is normally performed.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

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

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 of the Act then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

[6 substituted by PR763195 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 40—Dispute resolution and/or under section 65B of the Act.

7. Facilitative provisions

7.1 This award contains facilitative provisions which allow agreement between an employer and an individual employee, or the majority of employees, on how specific award provisions are to apply at the workplace.

7.2 The following clauses have facilitative provisions:

Table 1—Facilitative provisions

Clause	Provision	Agreement between an employer and:
13.4	Altering spread of hours	an individual employee or the majority of employees
13.8	Make-up time	an individual employee
14.5(a)	Substitution of rostered days off	an individual employee
14.6(a)	Banking rostered days off	an individual employee
17.2(b)	Monthly pay periods	an individual employee or the majority of employees
23.1	Time off instead of payment for overtime	an individual employee
26.1(b)	Shiftwork—averaging ordinary hours	the majority of employees
26.4	Shiftwork—beginning and end of shifts	an individual employee
26.5	Shiftwork—make-up time	an individual employee
29.1	Shiftwork—time off instead of payment for overtime	an individual employee
32.4	Annual leave in advance	an individual employee
32.9	Cashing out of annual leave	an individual employee
37.3	Substitution of public holidays by agreement	an individual employee

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 An employee covered by this award must be one of the following:

(a) a full-time employee; or

(b) a part-time employee; or

(c) a casual employee.

9. Full-time employees

9.1 Each of the following is a full-time employee:

(a) an employee who is engaged to work 38 ordinary hours per week; or

(b) an employee who is engaged to work the number of ordinary hours (fewer than 38) per week that is considered full-time at the workplace by the employer.

NOTE: The number of ordinary hours worked per week by a full-time employee may be averaged over a period of up to 4 weeks or over an agreed roster period. See clause 13.2 (Ordinary hours of work).

10. Part-time employees

10.1 A part-time employee is an employee who is engaged to work for fewer ordinary hours than 38 per week (or the number mentioned in clause 9.1(b) (Full-time employment)) on a reasonably predictable basis.

10.2 At the time of engaging a part-time employee, the employer and employee must agree in writing on all of the following:

(a) the number of hours to be worked each day; and

(b) the days of the week on which the employee will work; and

(c) the times at which the employee will start and finish work each day.

10.3 Changes to the number of hours to be worked under clause 10.2(a), or to the times at which the employee will start and finish work each day under clause 10.2(c), must be agreed in writing between the employer and employee.

10.4 The days worked under clause 10.2(b) may be changed by the employer by giving the employee 7 days’ notice of the change.

10.5 An employer must roster a part-time employee on any shift for a minimum of 3 consecutive hours.

10.6 All time worked in excess of the number of ordinary hours agreed under clause 10.2 or as varied under clause 10.3 is overtime and must be paid at the overtime rate in accordance with clause 21—Overtime (employees other than shiftworkers).

11. Casual employees

[Varied by PR723882, PR733914, PR750446, PR777229]

[11.1 deleted by PR733914 from 27Sep21]

[11.2 renumbered as 11.1 by PR733914 from 27Sep21]

11.1 An employer must pay a casual employee for each hour worked a loading of 25% on top of the minimum hourly rate otherwise applicable under clause 16—Minimum rates.

[Note varied by PR750446 ppc 15Mar23]

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

[New 11.3 inserted by PR723882 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733914 from 27Sep21]

11.2 When a casual employee works overtime, they must be paid the overtime rates in clause 21.4 and clause 28.1.

[11.3 renumbered as 11.4 by PR723882, 11.4 renumbered as 11.3 by PR733914 from 27Sep21]

11.3 An employer may determine the pay period of a casual employee as being weekly, fortnightly or at the end of each engagement.

[11.4 renumbered as 11.5 by PR723882, 11.5 renumbered as 11.4 by PR733914 from 27Sep21]

11.4 An employer must pay a casual employee for a minimum of 3 hours’ work on each engagement even if they are rostered to work for fewer than 3 consecutive hours.

11.5 Changes to casual employment status

[11.5 renumbered as 11.6 by PR723882; 11.6 renumbered as 11.5 and renamed and substituted by PR733914; renamed and substituted by PR777229 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 40—Dispute resolution.

12. Classifications

12.1 An employer must classify an employee covered by this award in accordance with Schedule A—Classification Structure and Definitions.

NOTE: The minimum rates applicable to the classifications in this award are in clause 16—Minimum rates.

12.2 The classification by the employer must be based on the characteristics that the employer requires the employee to have, and skills that the employer requires the employee to exercise, in order to carry out the principal functions of the employment.

12.3 Employers must notify employees in writing of their classification and of any change to it.

Part 3—Hours of Work

13. Ordinary hours of work (employees other than shiftworkers)

[Varied by PR730915]

13.1 Clause 13 applies to employees other than shiftworkers.

NOTE 1: Ordinary hours of work per week for a full-time employee are as set out in clause 9—Full-time employees.

NOTE 2: Ordinary hours of work per week for a part-time employee are as agreed under clause 10—Part-time employees.

NOTE 3: Ordinary hours of work for shiftworkers are set out in Part 6—Shiftwork.

13.2 The maximum number of ordinary hours that can be worked in a week by an employee is an average of:

(a) 38 hours per week over a period of up to 4 weeks; or

(b) 38 hours per week over a roster period agreed between the employer and the employee.

13.3 Ordinary hours may be worked between:

(a) 7.00 am and 7.00 pm on Monday to Friday; and

(b) 7.00 am and 12.30 pm on Saturday.

[13.4 substituted by PR730915 ppc 01Jul21]

13.4 The spread of ordinary hours in clause 13.3 (7.00 am and 7.00 pm Monday to Friday and 7.00 am and 12.30 pm Saturday) may be moved up to one hour forward or one hour back by agreement between an employer and:

(a) the majority of employees at the workplace;

(b) the majority of employees in a discrete section of the workplace; or

(c) an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

13.5 Setting ordinary hours by a different award

(a) Clause 13.5 applies if each of the following applies:

(i) one or more employees covered by this award work in association with other employees who are covered by a different modern award; and

(ii) that different modern award sets a spread of hours other than that set out in clause 13.3; and

(iii) those other employees work ordinary hours outside the spread of hours set out in clause 13.3.

(b) The employer may direct the employees mentioned in clause 13.5(a)(i) who are covered by this award to perform work within the spread of ordinary hours prescribed by the modern award that covers the majority of employees at the workplace.

EXAMPLE: An employee covered by this award works in association with employees who are covered by an award that sets ordinary hours of work between 5.30 am and 6.30 pm Monday to Friday. The award that sets ordinary hours of work between 5.30 am and 6.30 pm Monday to Friday covers the majority of employees at the workplace. The employer may direct the employee covered by this award to work ordinary hours between 5.30 am and 6.30 pm Monday to Friday (rather than the spread set out in clause 13.3).

13.6 Ordinary hours of work are to be worked:

(a) continuously, except for rest breaks and meal breaks as specified in clause 15—Breaks (employees other than shiftworkers); and

(b) at the discretion of the employer in accordance with this award.

13.7 The maximum number of ordinary hours that can be worked on any day is 10, excluding unpaid meal breaks.

13.8 The employer and an employee may agree that the employee may take time off during ordinary hours and make up that time by working at another time during ordinary hours.

13A. Employee right to disconnect

[13A inserted by PR777958 from 26Aug24]

13A.1 Clause 13A 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.

13A.2 Clause 13A 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.

13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

13A.4 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of working hours in circumstances including to notify them of a recall to work under clause 21.5.

14. Rostering arrangements (employees other than shiftworkers)

14.1 The following rostering arrangements apply to employees other than shiftworkers as defined in clause 25—Application of Part.

NOTE: Rostering arrangements for employees engaged to work on shifts are set out in Part 6—Shiftwork.

14.2 An employer may roster employees in such a way that the employees:

(a) work longer hours on one or more days over a roster cycle as part of their ordinary hours of duty; and

(b) take a rostered day off at some later time.

14.3 An employee who works on a rostered day off basis on a 20 day roster cycle over a 12 month period is entitled to 12 rostered days off over that period.

14.4 The employer must give the employee 4 weeks’ notice of the day the employee is to take as a rostered day off.

14.5 Substitution of rostered days off

(a) With the agreement of the employer, an employee may substitute their scheduled rostered day off for another day.

(b) The employer may substitute another day for a rostered day off in any of the following circumstances:

(i) a machinery breakdown; or

(ii) an electrical power shortage or breakdown; or

(iii) an unexpected spike in the work required to be performed by the business; or

(iv) another emergency situation.

14.6 Banking rostered days off

(a) The employer and an employee may agree to an arrangement under which the employee works on their normal rostered days off and accumulates up to 5 banked rostered days off that may be taken at times that are convenient to both the employer and employee.

(b) The employer must keep a record of the employee’s banked rostered days off.

(c) The employee must give at least 5 days’ notice before taking a banked rostered day off.

(d) An employee is not entitled to overtime payment for working more than the average number of ordinary hours in a week as a result of working on a rostered day off under the banking system.

(e) No reduction in payment is to be made for an employee working less than the average number of ordinary hours per week as a result of taking banked rostered days off but the employee must be paid according to the average pay system during any week the employee elects to take a banked rostered day off.

(f) On the termination of an employee’s employment, the employer must pay an employee for any banked rostered day off that has not been taken an amount equal to 20% of the employee’s average weekly wages (not including overtime) over the period of 6 months immediately before the termination.

15. Breaks (employees other than shiftworkers)

15.1 Clause 15 applies to employees other than shiftworkers and gives them an entitlement to meal breaks and rest breaks.

NOTE: Breaks for shiftworkers are set out in Part 6—Shiftwork.

15.2 An employee who is required to work the number of hours on any one day specified in an item of column 1 of Table 2—Entitlements to rest break(s) is entitled to a break or breaks as specified in column 2.

Table 2—Entitlements to rest break(s)

Column 1 Hours worked	Column 2 Breaks
More than 3 but not more than 8 ordinary hours	One 10 minute paid rest break (to be taken at a time determined by the employer)
More than 8 ordinary hours	Two 10 minute paid rest breaks (to be taken at a time determined by the employer)
More than 4 hours overtime on a Saturday morning	One 10 minute paid rest break

15.3 An employee who works more than 5 hours at a time is entitled to one 30 to 60 minute unpaid meal break, to be taken within the first 5 hours of work and within 5 hours after resuming work after a meal break.

15.4 An employer must pay an employee who is required to work through their meal break 200% of the minimum hourly rate from when the meal break would have commenced until a meal break is allowed.

NOTE: Where suitable to business requirements, the employer may arrange for an employee who is entitled to 2 paid rest breaks to take one rest break before, and one rest break after, their unpaid meal break.

Part 4—Wages and Allowances

16. Minimum rates

[Varied by PR720159, PR718819, PR729254, PR740674, PR762109; PR773886]

16.1 Adult employees

[16.1 varied by PR718819, PR729254, PR740674, PR762109, PR773886 ppc 01Jul24]

An employer must pay an employee who is 21 years of age or older the rate applicable to the employee classification specified in column 1 of Table 3—Minimum rates for ordinary hours of work as follows:

(a) for a full-time employee, the minimum weekly rate specified in column 2; or

(b) for a part-time employee, the minimum hourly rate specified in column 3.

NOTE 1: Overtime rates are specified in clause 21—Overtime (employees other than shiftworkers) and clause 28—Overtime for shiftwork. Penalty rates are specified in clause 24—Penalty rates (employees other than shiftworkers) and clause 31—Penalty rates for shiftwork.

Table 3—Minimum rates

Column 1 Classification	Column 2 Minimum weekly rate (full-time employee)	Column 3 Minimum hourly rate
	$	$
Level 1—Year 1	945.10	24.87
Level 1—Year 2	989.80	26.05
Level 1—Year 3	1020.30	26.85
Level 2—Year 1	1032.30	27.17
Level 2—Year 2	1051.40	27.67
Level 3	1090.30	28.69
Call centre principal customer contact specialist	1098.00	28.89
Level 4	1145.00	30.13
Level 5	1191.50	31.36
Call centre technical associate	1305.20	34.35

NOTE 2: Provisions for calculating rates for an employee aged under 21 years are at clause 16.4—Junior employees.

NOTE 3: Provisions for calculating rates for casual employees are at clause 11—Casual employees.

NOTE 4: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including casual, overtime, penalty and shiftwork rates.

16.2 In calculating years for the purposes of Table 3—Minimum rates, any service in the classification level, as described in Schedule A—Classification Structure and Definitions, including administrative and clerical experience with a previous employer, counts towards a year of service.

16.3 If required by their employer, an employee must provide reasonable evidence to verify their service as mentioned in clause 16.2.

16.4 Junior employees

An employer must pay an employee who is aged as specified in column 1 of Table 4—Junior rates, at least at the percentage specified in column 2 of the minimum rate that would otherwise be applicable under Table 3—Minimum rates:

Table 4—Junior rates

Column 1 Age	Column 2 % of minimum rate
Under 16 years of age	45
16 years of age	50
17 years of age	60
18 years of age	70
19 years of age	80
20 years of age	90

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay for junior employees including overtime and penalty rates.

16.5 Supported wage system

For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule D—Supported Wage System.

16.6 National training wage

[16.6(a) varied by PR720159 ppc 18Jun20]

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[16.6(b) varied by PR720159, PR718819, PR729254, PR740674, PR762109, PR773886 ppc 01Jul24]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Clerks—Private Sector Award 2020 and not the Miscellaneous Award 2020.

17. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 The employer must pay wages by cash or by cheque or by electronic funds transfer into an account nominated by the employee.

17.2 Pay period

(a) The employer may determine the pay period of employees as being either weekly or fortnightly.

(b) The employer and an individual employee, or the majority of employees, may agree to monthly pay periods.

(c) If an agreement is made under clause 17.2(b), payment must be made on the basis of 2 weeks in advance and 2 weeks in arrears.

17.3 Day off coinciding with payday

(a) Clause 17.3 applies to an employee if:

(i) the employee is paid wages by cash or cheque; and

(ii) due to the arrangement of their ordinary hours the employee has a day off on payday.

(b) The employer must pay the employee no later than the working day immediately after payday.

NOTE: The employer may pay the employee on the day before payday if suitable arrangements can be made.

17.4 Payment of wages under an averaging system

Employees who work ordinary weekly hours under an averaging system may be paid according to the average number of ordinary hours worked in order to avoid fluctuating wage payments.

17.5 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under clause 17.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 17.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18. Annualised wage arrangements

[Varied by PR719747, PR743400]

18.1 Annualised wage instead of award provisions

[18.1(a) varied by PR719747 ppc 29May20]

(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 18.1(c), of any or all of the following provisions of the award:

(i) clause 13.8 (Make-up time); and

(ii) clause 16—Minimum rates; and

(iii) clause 19—Allowances; and

(iv) clause 21—Overtime (employees other than shiftworkers); and

(v) clause 22—Rest period after working overtime (employees other than shiftworkers); and

(vi) clause 23—Time off instead of payment for overtime (employees other than shiftworkers); and

(vii) clause 24—Penalty rates (employees other than shiftworkers); and

(viii) clause 26—Ordinary hours of work and rostering for shiftwork; and

(ix) clause 28—Overtime for shiftwork; and

(x) clause 29—Time off instead of payment for overtime for shiftwork; and

(xi) clause 30—Rest period after working overtime for shiftwork; and

(xii) clause 31—Penalty rates for shiftwork; and

(xiii) clause 32.3—Annual leave loading.

(b) Where an annualised wage is paid, the employer must advise the employee in writing, and keep a record of:

[18.1(b)(i) varied by PR743400 ppc 11Jul22]

(i) the annualised wage that is payable;

(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and

(iv) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 18.1(c).

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 18.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

18.2 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or, if the employment ceases earlier, over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or upon the termination of employment of the employee calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required by clause 18.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

18.3 Base rate of pay for employees on annualised wage arrangements

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under clause 18 comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 16—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

19. Allowances

[Varied by PR718819, PR718975, PR729254, PR729442, PR740674, PR740848, PR762109, PR762268, PR773886, PR774054]

19.1 Clause 19 gives employees an entitlement to monetary allowances of specified kinds in specified circumstances.

NOTE: Schedule C—Summary of Monetary Allowances contains a summary of monetary allowances and methods of adjustment.

19.2 First aid allowance

(a) Clause 19.2 applies to an employee who:

(i) has current first aid qualifications and training (such as a certificate from St John Ambulance Australia or a similar body) that the employer considers appropriate; and

(ii) is appointed by the employer to perform first aid duty.

[19.2(b) varied by PR718819, PR740674, PR762109, PR773886 ppc 01Jul24]

(b) The employer must pay the employee an allowance of $15.48 per week.

19.3 Higher duties allowance

The employer must pay an employee required to perform any of the duties of a higher classification for more than one day at least the minimum rate applicable to the higher level under this award.

NOTE: Classification levels are described in Schedule A—Classification Structure and Definitions.

19.4 Clothing and footwear allowance

(a) The employer must reimburse an employee who is required to work in conditions damaging to clothing for the cost of purchasing any uniforms and protective clothing not supplied or paid for by the employer.

(b) The employer must reimburse an employee who is constantly required to work in conditions that are wet and damaging to footwear for the cost of purchasing appropriate protective footwear not supplied or paid for by the employer.

(c) The employer must reimburse an employee who is required to wear a uniform for the cost of purchasing the uniform.

(d) If the employee is required to launder the uniform that they are required to wear, the employer must pay the employee an allowance of:

(i) $3.55 each week for a full-time employee; or

(ii) $0.71 each shift for a part-time or casual employee.

19.5 Meal allowance

(a) Clause 19.5 applies to an employee if:

(i) the employee is required to work overtime of more than 1.5 hours after the employee’s ordinary time of ending work; and

(ii) the employee was not given at least 24 hours’ notice of the requirement to work overtime.

(b) The employer must:

[19.5(b)(i) varied by PR718975, PR729442, PR740848, PR762268, PR774054 ppc 01Jul24]

(i) pay the employee a meal allowance of $19.43; or

(ii) supply the employee with a meal.

[19.5(c) varied by PR718975, PR729442, PR740848, PR762268, PR774054 ppc 01Jul24]

(c) If the number of hours worked under a requirement mentioned in clause 19.5(a) exceeds 4, the employer must pay a further meal allowance of $15.56.

19.6 Vehicle allowance

(a) An employer who requires an employee to use their own motor vehicle in performing their duties must pay the employee an allowance of:

[19.6(a)(i) varied by PR729442, PR740848, PR762268, PR774054 ppc 01Jul24]

(i) for a motor car, $0.98 per kilometre; and

[19.6(a)(ii) varied by PR729442, PR740848, PR762268, PR774054 ppc 01Jul24]

(ii) for a motor cycle, $0.33 per kilometre.

(b) The maximum allowance payable is for 400 kilometres per week.

(c) An employer who requires an employee to use a motor vehicle provided by the employer to perform their duties must pay all expenses for the motor vehicle including registration, running costs and maintenance.

19.7 Living away from home allowance

(a) Clause 19.7 applies to an employee to whom all of the following apply:

(i) the employee is required by the employer to temporarily work away from their usual place of employment; and

(ii) the location at which the employee is required to work makes it necessary for the employee to stay overnight away from their usual place of residence; and

(iii) the employee is not provided with fares, meals and accommodation by the employer.

(b) The employer must pay the employee the following:

(i) an allowance to cover all fares to and from the location at which the employer requires the employee to work; and

(ii) an allowance to cover all reasonable expenses incurred for meals and accommodation.

(c) The employer must pay an employee ordinary rates of pay for time spent travelling between the employee’s usual place of employment and the temporary location, to a maximum of 8 hours in 24 hours.

19.8 Transport reimbursement for shiftwork

(a) Clause 19.8 applies to an employee working shiftwork to whom all of the following apply:

(i) the employee starts or finishes work at a time other than their normal time; and

(ii) reasonable means of transport are not available to the employee; and

(iii) the employer does not provide, or arrange for, a suitable means of transport to or from the employee’s usual place of residence at no cost to the employee.

(b) The employer must reimburse the employee the cost they reasonably incurred in taking a commercial passenger vehicle from the employee’s usual place of residence to the place of employment or from the place of employment to the employee’s usual place of residence, whichever is applicable.

20. Superannuation

[Varied by PR771226]

20.1 Superannuation legislation

[20.1 substituted by PR771226 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 20 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.

20.2 Employer contributions

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

20.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of 3 months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.

20.4 Superannuation fund

[20.4 varied by PR771226 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(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) CareSuper;

(b) AustralianSuper;

(c) SunSuper;

(d) HESTA;

(e) Statewide Superannuation;

(f) Tasplan;

(g) REI Super;

(h) MTAA Superannuation Fund;

(i) Kinetic Superannuation;

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

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

20.5 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 20.2 and pay the amount authorised under clauses 20.3(a) or 20.3(b):

(a) Paid leave—while the employee is on any paid leave.

(b) Work-related injury or illness—For the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii) the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates (employees other than shiftworkers)

NOTE: Part 5 does not apply to shiftworkers. See Part 6—Shiftwork for overtime rates and penalty rates that apply to shiftworkers.

21. Overtime (employees other than shiftworkers)

[Varied by PR723882; corrected by PR724566]

21.1 An employer must pay an employee at the overtime rate for any hours worked at the direction of the employer:

(a) in excess of the ordinary weekly hours; or

(b) in excess of 10 ordinary hours on any one day, excluding unpaid meal breaks; or

(c) outside the spread of ordinary hours; or

(d) for overtime worked on a rostered day off that is not substituted or banked; or

(e) for part-time employees, in excess of the number of ordinary hours that the employee has agreed to work under clause 10.2 or as varied under clause 10.3 (Part-time employment).

21.2 For the purposes of clause 21, ordinary weekly hours means the hours of work fixed in a workplace in accordance with clause 13—Ordinary hours of work (employees other than shiftworkers) and clause 14—Rostering arrangements (employees other than shiftworkers) or as varied in accordance with the relevant clauses of this award.

21.3 An employee is entitled to be paid overtime when the total overtime an employee has worked in one week reaches a minimum of half an hour.

21.4 Payment for working overtime

[21.4(a) substituted by PR723882 ppc 20Nov20; corrected by PR724566 ppc 20Nov20]

(a) The overtime rate in clause 21.1 is the relevant percentage specified in column 2 for full-time and part-time employees and column 3 for casual employees of Table 5—Overtime rates for employees other than shiftworkers (depending on when the overtime was worked as specified in column 1), calculated daily.

Table 5—Overtime rates for employees other than shiftworkers

Column 1 Hours of overtime worked per day	Column 2 Overtime rate Full-time and part-time employees	Column 3 Overtime rate Casual employees
	% of minimum hourly rate	% of minimum hourly rate
Monday to Saturday—first 2 hours	150	175
Monday to Saturday—after 2 hours	200	225
Sunday—all day	200	225
Public holiday—all day	250	275

NOTE 1: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1 to the overtime rates for full-time and part-time employees prescribed by clause 21.4(a).

(b) An employer must pay an employee a minimum of 3 hours at overtime rates for work performed on a Saturday where an employee has worked 38 hours or more over Monday to Friday

(c) An employee required to work overtime hours on a Sunday is entitled to not less than 4 hours’ pay (inclusive of ordinary hours worked).

21.5 Return to duty

(a) An employer must pay an employee at the overtime rate specified in clause 21.4 where an employee is required to return to duty after the usual finishing hour of work for that day.

(b) The employer must pay an employee a minimum payment of 3 hours under a requirement in clause 21.5(a).

(c) Clause 21.5 does not apply where the work is continuous (subject to a meal break of not more than one hour) with the start or finish of ordinary working time.

22. Rest period after working overtime (employees other than shiftworkers)

22.1 Clause 22 applies to full-time and part-time employees who are not working shifts.

22.2 When overtime is required to be worked, employees must, wherever reasonably practical, have at least 10 consecutive hours off duty between hours worked on successive days.

22.3 Despite clause 22.2 but subject to clause 22.4, where an employee, due to overtime worked, would be required to start working their ordinary hours without having had 10 consecutive hours off duty:

(a) the employer must release the employee from duty after finishing the overtime until the employee has had 10 consecutive hours off duty; and

(b) the employee must not suffer any loss of pay for any ordinary hours that the employee did not work as a result of being released from duty in accordance with clause 22.3(a).

22.4 If, at the direction of the employer, an employee continues work or resumes working ordinary hours without having at least 10 consecutive hours off duty in accordance with clause 22.3, then all of the following apply:

(a) the employer must pay the employee at 200% of the employee’s minimum hourly rate until such time as the employee is released from duty; and

(b) the employer must release the employee from duty until the employee has had 10 consecutive hours off duty; and

(c) the employee must not suffer any loss of pay for any ordinary hours that the employee did not work as a result of being released from duty in accordance with clause 22.4(b).

22.5 Overtime worked in the circumstances specified in clause 21.5—Return to duty must not be regarded as overtime for the purposes of clause 22—Rest period after working overtime (employees other than shiftworkers).

23. Time off instead of payment for overtime (employees other than shiftworkers)

[Varied by PR763195]

23.1 An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

23.2 Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 23.

23.3 An agreement must state all of the following:

(a) the number of overtime hours to which it applies and when those hours were worked; and

(b) that the employer and employee agree that the employee may take time off instead of being paid for the overtime; and

(c) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked; and

(d) that any payment mentioned in clause 23.3(c) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 23 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 23 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

23.4 The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 23 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

23.5 Time off must be taken:

(a) within the period of 6 months after the overtime is worked; and

(b) at a time or times within that period of 6 months agreed by the employee and employer.

23.6 If the employee requests at any time to be paid for overtime covered by an agreement under clause 23 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

23.7 If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 23.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

23.8 The employer must keep a copy of any agreement under clause 23 as an employee record.

23.9 An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

23.10 An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request, then clause 23 will apply, including the requirement for separate written agreements under clause 23.2 for overtime that has been worked.

[Note varied by PR763195 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

23.11 If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 23 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.

24. Penalty rates (employees other than shiftworkers)

[Varied by PR747556]

24.1 Clause 24 sets out higher rates of pay (penalty rates) for ordinary hours worked at specified times and on specified days.

NOTE: Clause 21—Overtime (employees other than shiftworkers) prescribes overtime rates for hours worked in excess of, or outside, ordinary hours.

24.2 Saturday

An employer must pay an employee at the rate of 125% of the minimum hourly rate for ordinary hours worked on a Saturday.

24.3 Sunday

(a) Clause 24.3 applies if under clause 13.5(b) an employee is directed to work ordinary hours on a Sunday.

(b) The employer must pay the employee at the rate of 200% of the minimum hourly rate for ordinary hours worked on a Sunday.

(c) An employee required to work ordinary hours on a Sunday is entitled to not less than 4 hours’ pay.

24.4 Public holidays

[24.4(a) varied by PR747556 ppc 14Nov22]

(a) An employer must pay an employee at the rate of 250% of the minimum hourly rate for hours worked on a public holiday or a substituted day or part-day.

[24.4(b) substituted by PR747556 ppc 14Nov22]

(b) Despite clause 24.4(a), if an employee works on both a public holiday and the substituted day or part-day, the employee is entitled to be paid for one of the days or part-days at the penalty rate specified in clause 24.4(a).

(c) The employee may choose which day the penalty rate is applied to.

(d) An employee required to work on a public holiday is entitled to not less than 4 hours’ pay.

[24.4(e) inserted by PR747556 ppc 14Nov22]

(e) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 24.4(d).

Part 6—Shiftwork

25. Application of Part

[Varied by PR730915]

25.1 Part 6 applies to employees who are required to work their ordinary hours on any of the following shifts:

(a) a shift finishing after 7.00 pm and at or before midnight (afternoon shift);

(b) a shift finishing after midnight, and at or before 7.00 am (night shift);

(c) a night shift which does not rotate with another shift or shifts or day work and which continues for a period of 4 consecutive weeks or longer (permanent night shift).

[25.2 substituted by PR730915 ppc 01Jul21]

25.2 The spread of ordinary hours on shifts referred to in clause 25.1 may be moved up to one hour forward or one hour back by agreement between an employer and:

(a) the majority of employees at the workplace;

(b) the majority of employees in a discrete section of the workplace; or

(c) an individual employee.

Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.

26. Ordinary hours of work and rostering for shiftwork

26.1 The maximum number of ordinary hours that can be worked in a week is:

(a) an average of 38 hours over a 4 week period; or

(b) an average of 38 hours over a roster period, not exceeding 12 months, as agreed between an employer and the majority of employees concerned.

26.2 The maximum number of ordinary hours that can be worked in any day is 10, including paid breaks.

26.3 The following rostering arrangements apply to an employee who works ordinary hours on shiftwork:

(a) a maximum of 6 shifts can be worked over the period of a week; and

(b) a Sunday may be included.

26.4 Changes to the times at which the employee will start and finish a shift may be made:

(a) by the employer giving the employee at least 7 days’ notice of the change; or

(b) at any time by the employer and employee by mutual agreement.

26.5 The employer and an employee may agree that the employee may take a period of ordinary hours as time off and make up that time off by working at another time during which the employee may work ordinary hours.

27. Breaks for shiftwork

27.1 Clause 27 gives employees working shifts an entitlement to meal breaks and rest breaks.

27.2 An employee working a shift defined in clause 25.1 is entitled to one 20 minute paid meal break per shift which is to be:

(a) taken within 5 hours of starting the shift; and

(b) counted as time worked.

27.3 Paid rest break

(a) An employee required to work more than 3 ordinary hours and fewer than 8 ordinary hours is entitled to one paid 10 minute rest break.

(b) An employee required to work 8 ordinary hours or more is entitled to 2 paid 10 minute rest breaks.

(c) An employee working more than 4 hours overtime on Saturday morning must be allowed a paid 10 minute rest break.

(d) The employer is responsible for determining the suitable time for taking a rest break in accordance with clauses 27.3(a) and 27.3(b).

NOTE: Where suitable to business requirements, the employer will arrange for an employee who is entitled to 2 paid rest breaks to take one rest break before and one rest break after their paid meal break.

28. Overtime for shiftwork

[Varied by PR723882; corrected by PR724566]

[28.1 substituted by PR723882 ppc 20Nov20; corrected by PR724566 ppc 20Nov20]

28.1 An employer must pay an employee on shiftwork overtime rates at the relevant percentage specified in column 2 for full-time and part-time shiftworkers and column 3 for casual shiftworkers of Table 6—Overtime rates for shiftwork (depending on when the overtime was worked as specified in column 1) as follows:

Table 6—Overtime rates for shiftwork

Column 1 For all time worked:	Column 2 Overtime rate Full-time and part-time employees	Column 3 Overtime rate Casual employees
	% of minimum hourly rate	% of minimum hourly rate
In excess of the ordinary weekly hours fixed in clause 26.1
first 3 hours	150	175
after 3 hours	200	225
In excess of ordinary daily hours on an ordinary shift
first 2 hours	150	175
after 2 hours	200	225
Saturday, Sunday or public holiday that is not an ordinary working day	200	225

NOTE 1: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.

28.2 Penalty rates for shiftwork are not cumulative on overtime rates.

28.3 An employer must pay an employee for a minimum of 4 hours at the overtime rate specified in clause 28.1 if:

(a) the employee is required to work overtime on a Saturday, a Sunday or a public holiday (as prescribed in Division 10 of Part 2.2 of the Act); and

(b) the employee would not have been ordinarily rostered to work that day; and

(c) the work is not continuous with the start or finish of the employee’s ordinary shift.

29. Time off instead of payment for overtime for shiftwork

[Varied by PR763195]

29.1 An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

29.2 Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 29.

29.3 An agreement must state all of the following:

(a) the number of overtime hours to which it applies and when those hours were worked; and

(b) that the employer and employee agree that the employee may take time off instead of being paid for the overtime; and

(d) that any payment mentioned in clause 29.3(c) must be made in the next pay period following the request; and

NOTE: An example of the type of agreement required by clause 29 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 29 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

29.4 The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 29 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

29.5 Time off must be taken:

(a) within the period of 6 months after the overtime is worked; and

(b) at a time or times within that period of 6 months agreed by the employee and employer.

29.6 If the employee requests at any time to be paid for overtime covered by an agreement under clause 29 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

29.7 If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 29.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

29.8 The employer must keep a copy of any agreement under clause 29 as an employee record.

29.9 An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

29.10 An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 29 will apply, including the requirement for separate written agreements under 29.2 for overtime that has been worked.

[Note varied by PR763195 ppc 01Aug23]

29.11 If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 29 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 29.

30. Rest period after working overtime for shiftwork

30.1 Clause 30 applies to full-time and part-time employees working shifts.

30.2 The provisions of clause 30 apply when overtime is worked in any of the following circumstances:

(a) for the purposes of changing shift rosters; or

(b) where an employee working a shift does not report for duty and another employee is required to work their shift; or

(c) where a shift is worked by arrangement between the employees themselves.

30.3 When overtime is necessary employees must, wherever reasonably practical, have at least 8 consecutive hours off duty between hours worked on successive days.

30.4 Despite clause 30.3, where an employee, due to overtime worked, would be required to start work without having had 8 consecutive hours off duty between finishing one shift of ordinary hours and beginning the next shift of ordinary hours:

(a) the employer must release the employee from duty after finishing the overtime until the employee has had 8 consecutive hours off duty; and

(b) the employee must not suffer any loss of pay for any ordinary hours not worked as a result of being released from duty.

30.5 If, at the direction of the employer, an employee resumes or continues work without having at least 8 consecutive hours off duty in accordance with clause 30.4 all of the following apply:

(a) the employer must pay the employee at 200% of the minimum hourly rate until such time as the employee is released from duty; and

(b) the employer must release the employee from duty until the employee has had 8 consecutive hours off duty; and

(c) the employee must not suffer any loss of pay for any ordinary hours not worked as a result of being released from duty in accordance with clause 30.5(b).

31. Penalty rates for shiftwork

31.1 An employer must pay an employee working ordinary hours on shifts in accordance with clause 25—Application of Part the relevant percentage specified in column 2 of Table 7—Penalty rates for shiftwork (depending on when the shift was worked as specified in column 1) of the minimum hourly rate of the employee, under clause 16—Minimum rates.

Table 7—Penalty rates for shiftwork

Column 1 Shift	Column 2 Penalty rate (% of minimum hourly rate)
Afternoon or night	115
Permanent night	130
Saturday, Sunday or public holiday	150

NOTE: Schedule B—Summary of Hourly Rates of Pay sets ou

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