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Road Transport and Distribution Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 31 December 2023 (PR767887).

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

17—Minimum rates

 

Table of Contents

[Varied by PR742720, PR747353, PR750537]

Part 1— Application and Operation of this Award.......................................................................... 4

1. Title and commencement................................................................................................ 4

2. Definitions...................................................................................................................... 4

3. The National Employment Standards and this award......................................................... 8

4. Coverage......................................................................................................................... 8

5. Individual flexibility arrangements.................................................................................. 10

6. Requests for flexible working arrangements.................................................................... 12

7. Facilitative provisions..................................................................................................... 12

Part 2— Types of Employment and Classifications........................................................................ 13

8. Types of employment..................................................................................................... 13

9. Full-time employees....................................................................................................... 14

10. Part-time employees...................................................................................................... 14

11. Casual employees.......................................................................................................... 15

12. Classifications................................................................................................................ 16

Part 3— Hours of Work................................................................................................................ 16

13. Ordinary hours of work and roster cycles—employees other than oil distribution workers. 16

14. Ordinary hours of work and roster cycles—oil distribution workers................................... 18

15. Start times..................................................................................................................... 19

16. Breaks........................................................................................................................... 20

Part 4— Wages and Allowances................................................................................................... 21

17. Minimum rates.............................................................................................................. 21

18. Payment of wages.......................................................................................................... 24

19. Allowances.................................................................................................................... 26

20. Superannuation............................................................................................................. 31

Part 5— Overtime and Penalty Rates............................................................................................ 33

21. Overtime....................................................................................................................... 33

22. Shiftwork....................................................................................................................... 35

23. Penalty rates.................................................................................................................. 38

Part 6— Leave and Public Holidays............................................................................................... 40

24. Annual leave.................................................................................................................. 40

25. Personal/carer’s leave and compassionate leave.............................................................. 45

26. Parental leave and related entitlements.......................................................................... 45

27. Community service leave................................................................................................ 45

28. Family and domestic violence leave................................................................................ 45

29. Public holidays............................................................................................................... 46

Part 7— Consultation and Dispute Resolution.............................................................................. 46

30. Consultation about major workplace change................................................................... 46

31. Consultation about changes to rosters or hours of work................................................... 47

32. Dispute resolution......................................................................................................... 48

33. Dispute resolution training leave.................................................................................... 49

Part 8— Termination of employment and Redundancy................................................................. 50

34. Termination of employment........................................................................................... 50

35. Redundancy.................................................................................................................. 51

Schedule A —Classification Definitions for Distribution Facility Employees.................................... 53

Schedule B —Classification Structure........................................................................................... 56

Schedule C —Summary of Hourly Rates of Pay.............................................................................. 59

Schedule D —Summary of Monetary Allowances.......................................................................... 82

Schedule E —Supported Wage System.......................................................................................... 86

Schedule F —Agreement to Take Annual Leave in Advance........................................................... 90

Schedule G —Agreement to Cash Out Annual Leave..................................................................... 91


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Road Transport and Distribution Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Varied by PR733899]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

aerodrome attendant means an employee who is employed principally in driving and/or operating any aviation refuelling or servicing unit or equipment or hydrant dispensing system at an aerodrome to deliver aviation fuels, lubricants and/or other aviation products to aircraft and in receiving, storing and distributing such fuels, lubricants and other products at an aerodrome depot, including the performance as required of all tasks ancillary to such receipt, storage, distribution and delivery. Provided that this definition does not exclude allocation by the employer of other duties connected with the safe and efficient operation of vehicles, plant and equipment, the general tidiness of facilities at an airport depot, and the safety of personnel, or the bridging of stocks from terminals or depots to airports by an aerodrome attendant. This definition does not include coxswains or motorboat drivers operating refuelling units at a flying-boat base.

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.

ancillary vehicles and/or equipment means mechanically powered vehicles and/or equipment (other than trucks) used by employers in the loading, unloading, stacking, moving, sorting or handling of goods and/or materials in connection with work which is part of, or ancillary to, the business of the employer.

articulated vehicle means a vehicle with 3 or more axles, comprising a power unit (called a prime mover, tractor truck etc.) and a semi-trailer which is superimposed on the power unit and coupled together by means of a king-pin and revolving on a turn-table and is articulated whether automatically detachable or permanently coupled.

[Definition of casual employee inserted by PR733899 from 27Sep21]

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

courier means an employee who is engaged as a courier and who uses a passenger car or station wagon, light commercial van, motorcycle or bicycle or who delivers on foot, in the course of such employment.

crane chaser/dogger means a person who holds a certificate of competency as a crane chaser from an appropriate authority.

crane offsider means an employee who has the responsibility to supervise the setting up of a mobile crane and/or carry out the work of slinging loads and to control the movement of loads when handled by lifting appliances.

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

dirty material means bituminous products, black lead, briquettes, charcoal, coal, coke, plumbago, graphite, manganese, lime, tallite, limil, plaster, plaster of paris, red oxide, zinc oxide, Quickardo cement, superphosphate, rock phosphate, dicalcic phosphate, yellow ochre, red ochre, empty flour-bags, supercel in jute bags, stone dust, garbage, street sweepings, tar, sludge, used oil, liquid petroleum gas, shives of flax when carted as a full load.

distribution facility means a facility from which goods are distributed by road (and at which such goods may be stored for the purposes of subsequent distribution) which is operated by an employer as part of or in connection with a road transport business of that employer.

distribution facility employee means an employee defined in Schedule A—Classification Definitions for Distribution Facility Employees of this award.

double-articulated vehicle means a vehicle with 4 or more axles, comprising a power unit (called tractor truck, prime mover, etc.) and semi-trailer (called dolly trailer) which is superimposed on the power unit, which in turn has a load-carrying semi-trailer superimposed upon the dolly trailer, both semi-trailers and the power unit being coupled together by means of king-pins and revolving on turn-tables and are articulated whether automatically detachable or permanently coupled.

driver-salesperson means an employee who is entrusted by the employer with goods or articles for sale and is required to exercise sales skills in competition with other salespeople in respect of such goods or articles in the normal course of duty, and who is not in receipt of a commission upon goods or articles sold. The term ‘driver‑salesperson’ does not include a driver who is entrusted with goods or articles for delivery to customers in such quantities as such customers require.

employee means national system employee within the meaning of the Act.

employee handling money means an employee who collects or pays out money, excluding non-negotiable cheques, and who is responsible for the safe custody of the amounts so collected to be paid out.

employer means national system employer within the meaning of the Act.

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

fatigue management rules/regulations means Commonwealth, State or Territory laws controlling driving and working hours of heavy vehicle operators or fatigue management.

furniture means any article of household and/or office furniture or whitegoods which are completely manufactured and ready for use, and includes furniture being transported from a manufacturer to a retail store unless such furniture is crated, in cartons or otherwise covered.

greaser and cleaner includes a person required to refuel motor vehicles at a depot, yard or garage.

gross combination mass or GCM means the maximum permissible mass (whether described as the gross train mass or otherwise) for the motor vehicle and the trailer(s) or semi-trailer(s) attached to it, together with the load carried on each, as stated in any certificate of registration or other certificate that is issued in respect of the motor vehicle by the relevant authority or by the corresponding authority of another State or Territory or that is required by law to be painted or displayed on the motor vehicle.

gross vehicle mass or GVM means the maximum permissible mass (whether described as the gross train vehicle mass or otherwise) for the motor vehicle and its load (but excluding any trailer and its load) as stated in a certificate of registration or other certificate that is issued in respect of the motor vehicle by the relevant authority or by the corresponding authority of another State or Territory or that is required by the law to be painted or displayed on the motor vehicle.

interstate operation means an operation involving a vehicle moving livestock or materials whether in a raw or manufactured state from a principal point of commencement in one State or Territory to a principal point of destination in another State or Territory. Provided that to be an interstate operation the distance involved must exceed 200 kilometres, for any single journey. An area within a radius of 32 kilometres from the GPO of a capital city will be deemed to be the capital city.

livestock means horses, cattle, sheep, pigs, goats or poultry.

loader means an employee engaged in loading or unloading any goods, wares, merchandise or materials onto or from any vehicle and in work incidental to such loading or unloading; and a person engaged as a motor driver’s assistant but who performs work on the waterfront of the nature usually performed by a loader will be deemed to be a loader whilst performing such work.

long distance operation means any interstate operation, or any return journey where the distance travelled exceeds 500 kilometres and the operation involves a vehicle moving livestock or materials whether in a raw or manufactured state from a principal point of commencement to a principal point of destination. An area within a radius of 32 kilometres from the GPO of a capital city will be deemed to be the capital city.

low loader means a vehicle consisting of a tandem drive prime mover and a gooseneck semi-trailer (not being a drop deck semi-trailer) with a loading area of the semi-trailer a maximum of one metre off the ground. The prime mover and gooseneck semi-trailer being designed and manufactured and plated to operate at the required mass limits.

motor driver’s assistant means any employee who accompanies the driver to assist in loading or unloading or delivering.

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).

Non-continuous afternoon or night means work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights.

offensive material means bone-dust, bones, blood, manure, dead animals, offal, fat including that which is carted from hotels and restaurants or other places in kerosene tins, tallow in second-hand casks or in second-hand iron or steel drums, green skins, raw hides and sheep-skins when fly-blown or maggoty, sausage skin casings (except when packed in non-leaky containers for consumption), salt-cake, spent oxide, hair and fleshings, soda ash, muriate of potash, sulphur ex-wharf, sheep’s trotters (known as pie), sulphuric acid of a strength of 96% or 98% in cases in which the carter is required to handle individual jars, horse, cow or pig manure, meat-meal, liver meal, blood meal and TNT.

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

ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 17—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

quarried materials means any material and/or by-product of any material, excluding coal and coal-related products, which has been removed from a quarry, sand pit, or a mine, provided that such material is for use in manufacturing or construction purposes. Quarried materials also means slag and slag by-products, excluding coal‑slag products.

radio operator means an employee whose major duties are staffing of a mobile two‑way radio system, data entry dispatch system, voice dispatch system and/or any other form of dispatch system and include all instruction relating to the movement of goods and/or freight.

road-train vehicle means a rigid vehicle to which are coupled 2 or more trailers, or an articulated vehicle to which is coupled one or more trailer(s).

road transport and distribution industry has the meaning given in clause 4.2.

standard rate means the minimum weekly rate for a Transport worker grade 3 in clause 17—Minimum rates.

transport rigger means a person engaged in the movement of plant or equipment as part of the transport task who holds a certificate of competency from an appropriate authority.

truck loading crane means a crane which is mounted on a truck or trailer and which is used for the purpose of loading or unloading loads from the truck or trailer on which the crane is mounted.

yardperson means an employee not otherwise specified, employed in, or in connection with a depot, yard or garage, but does not include any person exclusively employed as a skilled tradesperson.

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 the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4.                      Coverage

4.1                   This industry award covers employers throughout Australia in the road transport and distribution industry and their employees in the classifications listed in Schedule A—Classification Definitions for Distribution Facility Employees and Schedule B—Classification Structure to the exclusion of any other modern award.

4.2                   The road transport and distribution industry means:

(a)          the transport by road of goods, wares, merchandise, material or anything whatsoever whether in its raw state or natural state, wholly or partly manufactured state or of a solid or liquid or gaseous nature or otherwise, and/or livestock, including where the work performed is ancillary to the principal business, undertaking or industry of the employer;

(b)         the receiving, handling or storing of goods, wares, merchandise, material or anything whatsoever whether in its raw state or natural state, wholly or partly manufactured state or of a solid or liquid or gaseous nature or otherwise in a distribution facility;

(c)          the storage and distribution of goods, wares, merchandise, materials or anything whatsoever whether in its raw state or natural state, wholly or partly manufactured state or of a solid or liquid or gaseous nature or otherwise, and/or livestock where the storage and distribution activities are carried out in connection with air freight forwarding and customs clearance;

(d)         the wholesale transport and delivery by road of meat from abattoirs, slaughterhouses, and wholesale meat depots;

(e)          mobile food vending;

(f)           the cartage and/or distribution, in tankers, of petrol or bulk petroleum products (in the raw or manufactured state) from refineries, terminals or depots of oil companies and/or distributors; the cartage and/or distribution on road vehicles of packaged petroleum products (in the raw or manufactured state) from refineries, terminals or depots of oil companies and/or distributors and the transport and/or distribution of petrol and petroleum products (in the raw or manufactured state) for distributors of oil companies or for contractors or sub‑contractors to such distributors;

(g)          the road transport of crude oil or gas condensate;

(h)         the transport on public roads of milk and cream in bulk, and the transport, vending and distribution of milk, cream, butter, cheese and their derivatives (including fruit juices, yoghurt and custard);

(i)            the cartage by road of quarried materials; and/or

(j)           the distribution and/or relocation by road of new or used vehicles as described in the classifications within this award where the vehicle itself is required to be driven from one location to another for the purposes of delivery and/or relocation of the vehicle.

4.3                   This award does not cover employers and employees covered by the following awards:

·  Mining Industry Award 2020;

·  Road Transport (Long Distance Operations) Award 2020 whilst undertaking long distance operations;

·  Transport (Cash in Transit) Award 2020; and

·  Waste Management Award 2020.

4.4                   This award covers any employer which supplies labour on an on-hire basis in the road transport and distribution industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5                   This award covers employers which provide group training services for trainees engaged in the road transport and distribution industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clauses 4.1 and 4.2 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6                   This award does not cover:

(a)          employees excluded from award coverage by the Act;

(b)         employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c)          employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

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

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

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 reasonably should 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 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 PR763235 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 32—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   Agreement to vary award provisions

(a)          This award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or enterprise level.

(b)         The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

7.2                   Facilitation by individual agreement

(a)          The following facilitative provisions can be utilised upon agreement between an employer and an employee:

(i)            clause 13.4—Hours of work—ordinary hours 13.1(a) and 13.1(b), days of the week;

(ii)           clause 13.6(b)—Hours of work—spread of hours;

(iii)         clause 13.7—Hours of work—normal rostered day off;

(iv)         clause 14.6(a)—Hours of work—rostered days off;

(v)           clause 21.5—Time off instead of payment for overtime;

(v)           clause 22.7(a)—Shiftwork—transfer to or from shiftwork;

(vi)         clause 24.5—Agreement to take annual leave in advance;

(vii)       clause 24.10—Agreement to cash out annual leave; and

(viii)     clause 29.3—Substitution of public holidays by agreement.

(b)         The agreement reached must be recorded in writing and kept as a time and wages record.

7.3                   Facilitation by majority agreement

(a)          The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or part of the workplace. Once such an agreement has been reached the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted:

(i)            clause 13.4—Hours of work—ordinary hours, days of week;

(ii)           clause 13.6(b)—Hours of work—maximum number of hours, spread of hours;

(iii)         clause 14.5—Hours of work—rural distribution operations; and

(iv)         clause 22.2(b)—Shiftwork—shiftwork hours and rosters.

(b)         The agreement reached must be recorded in writing and kept as a time and wages record.

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   Employees will be employed in one of the following categories:

(a)          full-time;

(b)         part-time; or

(c)          casual.

8.2                   At the time of engagement, an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual. This decision will then be recorded in a time and wages record.

9.                      Full-time employees

A full-time employee is engaged to work an average of 38 ordinary hours per week.

10.                 Part-time employees

10.1               A part-time employee is engaged to work less than 38 ordinary hours per week.

10.2               Before commencing part-time employment, the employee and employer must agree upon:

(a)          the hours to be worked by the employee;

(b)         the days upon which they will be worked;

(c)          the starting and finishing times for the work; and

(d)         the classification applying to the work to be performed.

10.3               The terms of the agreement in clause 10.2 may be varied by consent.

10.4               The terms of the agreement or any variation to it must be in writing and retained by the employer. The employer must provide a copy of the agreement, and any variation to it, to the employee.

10.5               A part-time employee must be paid per hour the minimum hourly rate prescribed by clause 17Minimum rates for the classification in which the employee is engaged.

10.6               Except as otherwise provided in this award, a part-time employee is entitled to be paid for the hours agreed upon in accordance with clauses 10.2(a) to 10.2(c).

10.7               A part-time employee must receive a minimum payment of 4 hours for each day they are engaged.

10.8               All time worked in excess of the agreed hours referred to in clauses 10.2(a) to 10.2(c) will be paid at the appropriate overtime rate.

10.9               The terms of this award apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

11.                 Casual employees

[Varied by PR733899]

[11.1 deleted by PR733899 from 27Sep21]

[11.2 renumbered as 11.1 by PR733899 from 27Sep21]

11.1               An employer must wherever practicable, notify a casual employee if their services are not required the next working day.

11.2               Casual loading

[11.3 renumbered as 11.2 by PR733899 from 27Sep21]

(a)          For each ordinary hour worked, a casual employee must be paid:

(i)            the ordinary hourly rate; and

(ii)           a loading of 25% of the ordinary hourly rate,

for their classification.

[11.4 renumbered as 11.3 by PR733899 from 27Sep21]

11.3               A minimum payment of 4 hours per engagement is to be paid.

[11.5 renumbered as 11.4 by PR733899 from 27Sep21]

11.4               A casual employee must be paid for all overtime worked at the overtime rates specified in clause 21.1. For each hour of overtime worked a casual employee must also be paid 10% of the minimum hourly rate specified for their classification in clause 17Minimum rates. A casual employee will not receive the 25% casual loading referred to in clause 11.2 whilst working overtime.

Example: Assuming the rate is $20 per hour, a casual employee would be paid $25 per hour for ordinary hours of work and would be paid according to the following methodology when working overtime:

• Time and a half—a payment of $30 plus 10% of $20, as the hourly rate, giving a total payment of $32.

• Double time—a payment of $40 plus 10% of $20, as the hourly rate, giving a total payment of $42.

11.5               Offers and requests for casual conversion

[11.5 renumbered as 11.4 and renamed and substituted by PR733899 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 32—Dispute resolution.

12.                 Classifications

The classifications under this award are set out in Schedule A—Classification Definitions for Distribution Facility Employees and Schedule B—Classification Structure.

Part 3—Hours of Work

13.                 Ordinary hours of work and roster cycles—employees other than oil distribution workers

[Varied by PR762621]

13.1               The ordinary hours of work for a full-time employee are an average of 38 per week to be worked on one of the following bases:

(a)          38 hours within a work cycle not exceeding 7 consecutive days;

(b)         76 hours within a work cycle not exceeding 14 consecutive days;

(c)          114 hours within a work cycle not exceeding 21 consecutive days; or

(d)         152 hours within a work cycle not exceeding 28 consecutive days.

13.2               The ordinary hours of work for a part-time employee shall be determined in accordance with clauses 10.1 and 10.2.

13.3               The ordinary hours of work for a casual employee will be up to 38 hours per week.

13.4               The ordinary hours of work may be worked on any day Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday by agreement between the employer and the majority of employees concerned. Agreement may also be reached between the employer and an individual employee.

13.5               The ordinary hours of work must not exceed 8 hours per day and must be worked continuously (except for meal breaks or any breaks taken for the purpose of complying with fatigue management rules/regulations).

13.6               Spread of hours

(a)          The ordinary hours of work are to be worked between 5.30 am and 6.30 pm.

(b)         The spread of ordinary hours may be altered in any depot, yard or garage by one hour at each end by agreement between the employer and the majority of employees concerned or between the employer and an individual employee.

[13.6(c) substituted by PR762621 ppc 15Jun23]

(c)          Clause 13.6(d) applies to employees engaged in any of the following:

(i)            newspaper deliveries, where for the sole purpose of transport and delivery of daily newspapers;

(ii)           meat deliveries, where for the sole purpose of loading, transport and delivery of butcher’s meat from abattoirs or meat works and where such meat is to be used for human consumption;

(iii)         live poultry, where for the sole purpose of loading, transport and delivery of live poultry from poultry farms to poultry processing plants; or

(iv)         a driver employed at a fish, fruit or vegetable store.

[13.6(d) inserted by PR762621 ppc 15Jun23]

(d)         An employer may require an employee mentioned in clause 13.6(c) to commence ordinary hours of work between 12.01 am and 6.00 am (Monday to Friday inclusive) but not otherwise, in which case:

(i)            the ordinary hours of work in clauses 13.6(a) and 13.6(b) will not apply to the employee; and

(ii)           the weekly rate of the employee must be increased by 30% of the ordinary hourly rate for each ordinary hour worked.

13.7               Method of working ordinary hours

Ordinary hours of work may be worked by either of the following methods:

(a)          Providing for rostered days off (RDOs)

A roster implementing the work cycle at the depot, yard or garage will provide for RDOs, which may be either taken in accordance with the roster or accumulated.

(i)            A scheduled normal RDO may be changed by agreement between the employer and employee. In the absence of agreement, 48 hours’ notice of such alteration must be given to the employee.

(ii)           RDOs may be accumulated to a maximum of 10 days and taken or paid out at the applicable ordinary hourly rate in any combination agreed in writing between the employer and employee.

(b)         Providing for other than a rostered day off

Ordinary hours may be worked over 5 days, Monday to Friday inclusive, of not more than 7 hours and 36 minutes continuously (except for meal breaks or any breaks taken for the purpose of complying with fatigue management rules/regulations) in the following circumstances:

(i)            where an employer either engages 20 employees or less or operates 15 vehicles or less pursuant to the provisions of this award at a particular yard, depot or garage;

(ii)           where an employer has entered into arrangements with a client for the provision of transport services on a permanent basis extending over each of the 5 days of each week Monday to Friday inclusive and where these arrangements would be prejudiced by the requirement that rostered days off be taken on any day or all such days of the week;

(iii)         where the operations being performed by the employer require particular employees to work 5 days of each week Monday to Friday inclusive and where these operations would be prejudiced by the requirement that rostered days off be taken on any or all days; or

(iv)         where written agreement has been reached between the employer and the majority of employees. Written agreement under clause 13.7(b) must not be unreasonably withheld by the employees and must not be unreasonably requested by the employer.

14.                 Ordinary hours of work and roster cycles—oil distribution workers

[Varied by PR747353]

14.1               Clause 14 applies to employees engaged in the transport and/or distribution of raw or manufactured petroleum products.

14.2               The ordinary hours of work are:

(a)          35 hours per week; or

(b)         70 hours per two-week period.

14.3               Ordinary hours are worked between 6.30 am and 5.30 pm, Monday to Friday.

14.4               Ordinary hours of work must not exceed 8 hours per day.

14.5               By agreement between an employer and the majority of affected employees, the ordinary working hours for employees engaged in rural distribution operations may be rostered over any 3 consecutive days, Monday to Saturday inclusive unless some other mutually satisfactory arrangement is made between the employer and employees concerned. All work performed in excess of 35 hours in any such 3 days must be paid at 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate thereafter.

14.6               Method of working ordinary hours

Ordinary hours of work may be worked by either of the following methods:

(a)          Providing for rostered days off (RDOs)

(i)            Rostered days off must be provided by a roster drawn up in each workplace providing for 9 days each of 7 hours and 47 minutes, and one rostered day off over a continuous two-week period.

(ii)           Where an employee’s rostered day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

·   7 hours of pay at the ordinary time rate; or

·   7 hours extra annual leave; or

·   a substitute day off on an alternative week day.

[14.6(a)(iii) inserted by PR747353 ppc 14Nov22]

(iii)         If a public holiday is a part-day public holiday, then clause 14.6(a)(ii) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

(b)         Providing for other than a rostered day off

Ordinary hours may be worked over 5 days each of 7 hours, but only where:

(i)            the employer either engages 20 employees or less or operates 15 vehicles or less pursuant to the provisions of this award at a particular yard, depot or garage;

(ii)           the employer has entered into arrangements with a client for the provision of transport services on a permanent basis extending over 5 days of each week, Monday to Friday inclusive, and where these arrangements would be prejudiced by the requirement that rostered days off be taken on any day or all such days of the week; or

(iii)         the operations being performed by the employer require particular employees to work 5 days of each week, Monday to Friday inclusive, and where these operations would be prejudiced by the requirement that rostered days off be taken on any or all days.

15.                 Start times

15.1               A regular starting time for each employee is to be fixed by the employer.

15.2               Where an employer varies or changes the regular starting time of an employee the employer must give one week’s notice of such variation or change to the employee concerned.

16.                 Breaks

16.1               Regular meal break

(a)          An employee must be allowed a regular unpaid meal break during the ordinary hours of work except where unforeseen extraordinary circumstances arise.

(b)         The meal break must:

(i)            be of a regular duration of not more than one hour or less than 30 minutes; and

(ii)           start no earlier than 3 and a half hours and no later than 5 and a half hours after the fixed starting time of the employee’s ordinary hours of work; and

(iii)         where reasonable and practical, be taken at a time to coincide with any requirement to take a break under fatigue management rules/regulations, or as otherwise required by the employer.

(c)          If the meal break is not allowed, all time worked after the starting time of the regular meal break until a break without pay for a meal time is allowed must be paid for at 200% of the applicable minimum hourly rate in clause 17.1.

16.2               Meal and rest breaks after ordinary hours and before overtime hours

(a)          An employee required to work overtime for 2 hours or more after working ordinary hours must be allowed a paid break of 20 minutes before commencing overtime work or as soon as practicable after commencing overtime work.

(b)         A further rest break must be allowed after completing each 4 hour period until the overtime work is finished. Any rest breaks will be paid for at the applicable minimum hourly rate.

(c)          Wherever reasonable and practical, the rest break must be taken at a time to coincide with any requirement to take a break under fatigue management rules/regulations.

(d)         An employer and employee may agree to apply any variation of this provision in order to meet the circumstances of the work in hand.

(e)          An employee required to work overtime for 2 or more continuous hours will be entitled to a meal allowance in accordance with clause 19.5(f)(i).

16.3               Notwithstanding anything contained in clause 16 an employee will not be required or permitted to work longer than 5 and a half hours without a break for a meal.

Part 4—Wages and Allowances

17.                 Minimum rates

[Varied by PR720159; corrected by PR720995; varied by PR718856, PR729292, PR740718, PR762147, PR767887]

17.1               Minimum rates—employees other than oil distribution workers

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

(a)          Transport employees

[17.1(a) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Transport Worker Grade 1

907.70

23.89

Transport Worker Grade 2

929.40

24.46

Transport Worker Grade 3

940.20

24.74

Transport Worker Grade 4

956.80

25.18

Transport Worker Grade 5

968.70

25.49

Transport Worker Grade 6

979.70

25.78

Transport Worker Grade 7

993.90

26.16

Transport Worker Grade 8

1022.80

26.92

Transport Worker Grade 9

1039.90

27.37

Transport Worker Grade 10

1065.70

28.04

(b)         Distribution facility employees

[17.1(b) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Distribution facility employee level 1

940.20

24.74

Distribution facility employee level 2

956.80

25.18

Distribution facility employee level 3

993.90

26.16

Distribution facility employee level 4

1039.90

27.37

NOTE: Minimum rates for employees engaged in vehicle relocation and/or distribution as defined in clause 4.2(j) are affected by transitional provisions contained in clause 17.7.

17.2               Minimum rates—oil distribution workers

[17.2 varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Transport Worker Grade 1

907.70

25.93

Transport Worker Grade 2

929.40

26.55

Transport Worker Grade 3

940.20

26.86

Transport Worker Grade 4

956.80

27.34

Transport Worker Grade 5

968.70

27.68

Transport Worker Grade 6

979.70

27.99

Transport Worker Grade 7

993.90

28.40

Transport Worker Grade 8

1022.80

29.22

Transport Worker Grade 9

1039.90

29.71

Transport Worker Grade 10

1065.70

30.45

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

17.3               Junior employee rates

[17.3(a) varied by PR767887 ppc 31Dec23]

(a)          Junior employees will be entitled to a percentage of the applicable adult rate for their classification as follows:

Age

% of applicable adult minimum hourly rate

Under 19 years

70

19 years

80

20 years

100

(b)         Where a junior employee aged 18 years or more is required to drive a motor vehicle and is in sole charge of that vehicle, the employee must be paid the adult rate assigned to the class of driving work that the employee is required to perform.

17.4               Higher duties

Where an employee is required to perform 2 or more grades of work on any one day, the employee is to be paid the minimum rate for the highest grade for the whole day.

17.5               Supported wage system

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

17.6               National training wage

[17.6(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.

[17.6(b) varied by PR720159 ppc 18Jun20, PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Road Transport and Distribution Award 2020 and not the Miscellaneous Award 2020.

17.7               Transitional provisions—vehicle distribution and/or relocation

[17.7 corrected by PR720995 ppc 04May20]

The minimum wages for employees engaged in the distribution and/or relocation of vehicles as defined in clause 4.2(j) will be as follows:

(a)          From 1 July 2019 to 30 June 2020

The National Minimum Wage plus two-thirds of the difference between the National Minimum Wage and the applicable minimum rate in clause 17.1.

(b)         From 1 July 2020 onwards

The applicable minimum rate in clause 17.1.

18.                 Payment of wages

[Varied by PR719905]

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.

18.1               All earnings, including overtime, must be paid weekly in the employer’s time on a day to be fixed by the employer. Payment will be no later than Thursday.

18.2               Once fixed, the day must not be altered more than once in 3 months.

18.3               All earnings, including overtime, must be paid within 4 business days of the expiration of the week in which they accrue.

[18.4 deleted by PR719905 ppc 11Jun20]

[18.5 renumbered as 18.4 by PR719905 ppc 11Jun20]

18.4               The employer may pay an employee by electronic funds transfer (EFT) to a bank account nominated by the employee.

18.5               Payment on termination of employment

[New 18.5 inserted by PR719905 ppc 11Jun20]

(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 18.5(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 18.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 18.5. 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.

19.                 Allowances

[Varied by PR718856, PR719009, PR729292, PR729481, PR740718, PR740886, PR762147, PR762310]

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.

19.1               Employers must pay to an employee the allowances the employee is entitled to under clause 19.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

19.2               The allowances at clauses 19.3(c) to 19.3(f)(ii), 19.3(g) and 19.5(a) are payable to full-time, part-time and casual employees. In the case of part-time and casual employees, they will be calculated as follows:

(a)          For weekly allowances, 1/38th of the specified amount per hour worked up to a maximum of 38 hours in any one week.

(b)         For daily allowances, the relevant amount prescribed in clauses 19.3(d) to 19.3(f).

(c)          For hourly allowances, payment for each hour worked up to a maximum of 38 hours in any one week.

19.3               Wage-related allowances

(a)          All-purpose allowances

Allowances paid for all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:

(i)            Special vehicle allowances (clause 19.3(b)).

(b)         Special vehicle allowances

[19.3(b)(i) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(i)            A Transport Worker Grade 7, when driving a low loader for each additional complete tonne over 43 tonnes GCM, will be paid an extra $1.69 per week as part of the weekly rate for all purposes.

[19.3(b)(ii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(ii) A Transport Worker Grade 10, when driving a multi-axle platform trailing equipment with a carrying capacity in excess of 100 tonnes will be paid:

·   for each additional 10 tonnes or part thereof in excess of 100 tonnes and up to 150 tonnes, an extra $20.50 per week; and

·   for each additional 10 tonnes or part thereof in excess of 150 tonnes and up to 200 tonnes, an extra $19.65 per week; and

·   for each additional 10 tonnes or part thereof in excess of 200 tonnes and up to 300 tonnes, an extra $19.18 per week.

These amounts are to be paid as part of the weekly rate for all purposes.

(c)          Leading hand allowance

[19.3(c) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

An employee appointed as a leading hand in charge of:

$ per week

3–10 employees

44.38

11–20 employees

66.10

More than 20 employees

83.96

These allowances do not apply to leading loader.

(d)         Miscellaneous driving allowances

[19.3(d)(i) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(i)            Any employee required to drive a motor vehicle in excess of the limit in length prescribed by or under any State or Commonwealth legislation—$4.32 per day.

[19.3(d)(ii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(ii)           Any employee required to drive a motor vehicle with a truck loading crane mounted on the vehicle—$4.32 per day.

[19.3(d)(iii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(iii)         Any employee required to drive a motor vehicle with a side-lifter crane mounted on the vehicle—$4.32 per day.

[19.3(d)(iv) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(iv)         Any employee required to drive a motor vehicle in excess of 3.5 metres in width or transport a load in excess of that width—$4.32 per day.

[19.3(d)(v) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(v)           Any employee who is a recognised furniture carter engaged in removing and/or delivering furniture—$24.35 per week.

[19.3(d)(vi) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(vi)         Any employee who is a recognised livestock carter carting livestock—$24.35 per week.

[19.3(d)(vii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(vii)       Any employee driving a sanitary vehicle—$27.45 per week.

[19.3(d)(viii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(viii)     Any employee driving a vehicle collecting garbage—$22.47 per week.

[19.3(d)(ix) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(ix)         Any employee who is a driver‑salesperson—$20.59 per week.

[19.3(d)(x) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(x)           Any employee carting loading and/or unloading carbon black except when packed in sealed metal containers—$2.63 per day.

[19.3(d)(xi) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(xi)         Any employee carting, loading and/or unloading offensive material—$3.38 per day.

[19.3(d)(xii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(xii)       Any employee carting, loading and/or unloading dirty material—$0.56 per hour.

[19.3(d)(xiii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(xiii)     Any employee who is required to cart:

·   tar (other than in sealed containers) for immediate spreading upon streets;

·   tar in unsealed containers; or

·   tarred material for spreading upon streets;

and/or who spreads any of these upon streets—$4.23 per week.

[19.3(d)(xiv) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(xiv)      Any employee required to handle coffins containing human remains—$3.57 for each coffin handled.

(e)          Employee handling money as defined

[19.3(e) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

An employee handling money will be entitled to a weekly allowance in accordance with the following table based on the highest amount of money that they are required to handle in a given week.

For any amount handled:

$ per week

Up to $20

2.16

Over $20 but not exceeding $200

4.23

Over $200 but not exceeding $600

7.24

Over $600 but not exceeding $1000

9.40

Over $1000 but not exceeding $1200

13.26

Over $1200 but not exceeding $1600

20.50

Over $1600 but not exceeding $2000

22.66

Over $2000

25.76

(f)           Dangerous goods

[19.3(f)(i) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(i)            A driver engaged in the transport of bulk dangerous goods or carting explosives by public road, in conformity with the Australian Code for the Transport of Explosives by Road and Rail, must receive an allowance of $22.28 per day. Bulk dangerous goods are those goods defined as such in the Australian Code for the Transport of Dangerous Goods by Road and Rail as amended from time to time.

[19.3(f)(ii) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

(ii)           A driver engaged in the transport by public road of packaged dangerous goods, which requires placarding, must receive an allowance of $9.31 per day. Packaged goods which require placarding are those goods defined as such in the Australian Code for the Transport of Dangerous Goods by Road and Rail as amended from time to time.

(iii)         Where a weekly employee is required to possess a licence to operate a vehicle carrying dangerous goods (as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail), training and medical costs must be reimbursed by the employer.

(g)          First aid allowance

[19.3(g) varied by PR718856, PR729292, PR740718, PR762147 ppc 01Jul23]

An employee holding a current first aid qualification from St John Ambulance or similar body, who is appointed by the employer to perform first aid duty must be paid $15.04 in addition to wages for any week so appointed. The employer will reimburse the cost of fees for any courses necessary for any employee covered by clause 19.3(g) to obtain and maintain the appropriate first aid qualification.

19.4               Where a higher allowance amount becomes payable under clauses 19.3(d)(vi), 19.3(d)(vii), 19.3(d)(viii), 19.3(d)(x), 19.3(d)(xi), 19.3(d)(xii) or 19.3(d)(xiii) it will supersede any lesser allowance contained in these items which otherwise would have been payable.

19.5               Expense-related allowances

(a)          Travelling allowance

[19.5(a) varied by PR729481, PR740886, PR762310 ppc 01Jul23]

An employee engaged in travelling on duty, or on work on which the employee is unable to return home at night must be paid personal expenses reasonably incurred in travelling, of at least $38.71 per day. Where an employer provides suitable accommodation and meals such allowance shall not be payable.

(b)         Work diary

Where an employee is required to possess a work diary, the cost of such diary must be reimbursed by the employer.

(c)          Articles of clothing

(i)            Where the employer requires an employee to wear any special clothing such as any special uniform, cap, overall or other article, the employer must reimburse the employee for the cost of purchasing such special clothing. The provisions of clause 19.5(c) do not apply where the employer provides the special clothing.

(ii)           Where the employer requires an employee to work continuously in conditions in which, because of their nature, the employee’s clothing would otherwise become saturated, the employer must reimburse the employee for the cost of purchasing protective clothing. The provisions of clause 19.5(c) do not apply where the employer provides the protective clothing.

(iii)         Where an employee is employed as a greaser and cleaner, or is normally required to service vehicles, the employer must reimburse the employee for the cost of purchasing overalls. The provisions of clause 19.5(c) do not apply where the employer provides the overalls.

(iv)         Clause 19.5(c) does not apply to employees who are required as an adjunct to their normal duties to check such things as vehicles, oil, water and tyres.

(v)           Protective clothing will remain the property of the employer, and the employee will be liable for the cost of replacement of any article of protective clothing which is lost, destroyed or damaged through the negligence of the employee.

(d)         Housing allowance

(i)            Any employee required by the employer to live at a depot, yard or garage must be paid an allowance equal to the amount of the rent charged by the employer for the accommodation at the depot, yard or garage.

[19.5(d)(ii) varied by PR719009, PR729481, PR740886, PR762310 ppc 01Jul23]

(ii)           If an employer provides housing accommodation for an employee and the employee’s family, and requires the employee to live there and charges rent, the employer must pay the employee an allowance of $4.37 less than the amount of rent charged.

(e)          Medical checks

An employer requiring employees to undertake medical checks during a term of employment, or requiring persons seeking employment to undertake a medical check as part of an interview process, must reimburse all medical costs not recoverable from a health fund by the employee or persons seeking employment.

(f)           Meal allowance

[19.5(f)(i) varied by PR719009, PR729481, PR740886, PR762310 ppc 01Jul23]

(i)            An employee required to work overtime for 2 continuous hours or more must either be supplied with a meal by the employer or paid the amount specified for a meal allowance of $18.59 for each meal required to be taken.

(ii)           An employee required to start work 2 hours or more prior to their normal starting time must be paid the amount specified for a meal allowance in clause 19.5(f)(i).

20.                 Superannuation

20.1               Superannuation legislation

(a)          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), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)         The rights and obligations in these clauses supplement those in superannuation legislation.

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 three 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

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 that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or 20.3(b) to one of the following superannuation funds or its successor:

(a)          TWUSUPER;

(b)         Tasplan;

(c)          SunSuper;

(d)         AustSafe Super;

(e)          LUCRF Super;

(f)           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

(g)          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) and 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

21.                 Overtime

[Varied by PR763235]

21.1               For all work done outside ordinary hours the rate of pay will be 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours.

21.2               In computing overtime each day’s work will stand alone.

21.3               Overtime for shiftworkers is provided for in clause 22.5.

21.4               Rest period after overtime

(a)          When overtime work is necessary it must, wherever reasonably practicable, be arranged so that employees have at least 10 consecutive hours off duty between the work of successive days.

(b)         If an employee (other than a casual employee) works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times, the employee must, subject to clause 21.4, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.

(c)          If, on the instruction of the employer, an employee resumes or continues work without having had 10 consecutive hours off duty the employee is entitled to:

(i)            be paid the rate of 200% of the ordinary hourly rate until released from duty; and

(ii)           upon being released from duty, to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

21.5               Time off instead of payment for overtime

(a)          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.

(b)         The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 21.5 an employee who worked 2 overtime hours at 150% of the ordinary hourly rate is entitled to 3 hours’ time off.

(c)          Time off must be taken:

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

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

(d)         If the employee requests at any time, to be paid for overtime covered by an agreement under clause 21.5 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.

(e)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.5(c), 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.

(f)           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.

(g)          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 21.5 will apply for overtime that has been worked.

[Note varied by PR763235 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).

(h)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.5 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 21.5.

21.6               Call-back

(a)          An employee recalled to work overtime after leaving the workplace (whether notified before or after leaving the workplace) must be paid for a minimum of 4 hours’ work.

(b)         Clause 21.6 does not apply in cases where it is customary for an employee to return to the workplace to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(c)          Overtime worked in circumstances specified in clause 21.6 will not be regarded as overtime for the purposes of clause 21.4 where the actual time worked is less than 4 hours on such recall or on each of such recalls.

21.7               Standing-by

Subject to any prevailing custom under which an employee is regularly required to be available for a call-back, an employee required to be available for work after ordinary hours must be paid standing-by time at ordinary rates from the time from which the employee is told to be available until released.

21.8               Transport of employees

When an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the employer must reimburse the employee for the cost of obtaining transport home. Alternatively, the employer must provide the employee with transport to the employee’s home, or pay the employee the current wage for the time reasonably occupied in getting home.

22.                 Shiftwork

[Varied by PR749208]

22.1               Definitions

For the purposes of clause 22:

(a)          Afternoon shift means a shift finishing after 6.30 pm but not later than 12.30 am.

(b)         Day shift means a shift starting at 5.30 am or later, but finishing at or before 6.30 pm.

(c)          Night shift means a shift finishing after 12.30 am but not later than 8.30 am.

(d)         Rostered shift means a shift for which the employee concerned has received at least 48 hours’ notice.

(e)          Shiftwork means work extending for at least 2 weeks and performed either in daily recurrent periods, wholly or partly between the hours of 6.30 pm and 8.30 am or in regular rotating periods but does not include work performed by day workers employed under clause 13—Ordinary hours of work and roster cycles—employees other than oil distribution workers.

22.2               Shiftwork hours and shift rosters

(a)          The hours of work of employees performing shiftwork must be an average of 38 per week. The ordinary hours of work must not exceed 8 continuous hours per day (inclusive of meal breaks) on one of the following bases:

(i)            38 hours within a work cycle not exceeding 7 consecutive days;

(ii)           76 hours within a work cycle not exceeding 14 consecutive days;

(iii)         114 hours within a work cycle not exceeding 21 consecutive days; or

(iv)         152 hours within a work cycle not exceeding 28 consecutive days.

(b)         There must be a shift roster which provides for rotation unless it is agreed otherwise by the employer and majority of employees or the employer and an individual employee.

(c)          Shift rosters must be posted in a prominent place in the workplace. Shift rosters must specify the starting and finishing times of ordinary hours of respective shifts.

(d)         Shift rosters must not be altered unless 48 hours’ notice is given.

22.3               Shift rates

For ordinary hours shiftworkers must be paid as follows:

Shift

% of the ordinary hourly rate

Afternoon shift

117.5%

Night shift

130%

22.4               Shiftwork—casual employees

Casual employees engaged on shiftwork must be paid the casual loading of 25% of the ordinary hourly rate in addition to the shift rate specified at clause 22.3 above.

22.5               Shiftwork—overtime

For all time worked:

(a)          outside or in excess of the ordinary shift hours; or

(b)         on a shift other than a rostered shift,

shiftworkers will be paid at 150% of the ordinary hourly rate for the first 2 hours and 200% after 2 hours.

22.6               Transfer to existing shift rosters

An employer must give an employee 48 hours’ notice of any change of shift. If notice is not given, overtime rates must be paid for work done outside the ordinary shift hours within 48 hours of being notified of the change.

22.7               Transfer of day worker to or from shiftwork

(a)          Unless otherwise agreed between an employer and an employee, day workers must be given at least 10 hours off duty immediately before commencing, or after ceasing shiftwork.

(b)         Day workers may be transferred to or from shiftwork with 48 hours’ notice. If notice is not given, an employee must be paid overtime rates for all work done outside previous ordinary working hours within 48 hours of being notified of the change.

22.8               Work on Saturdays, Sundays or public holidays

(a)          For work on a rostered shift, the major portion of which is performed on a Saturday, Sunday or public holiday, shiftworkers will be paid as follows:

Shift

Penalty rate

Casual penalty rate

 

% of ordinary hourly rate

Saturday

150

175

Sunday

200

225

Public holidays

250

275

(b)         The penalty rates prescribed by clause 22.8 for work on a Saturday, Sunday or public holiday will be payable instead of the shift rate prescribed in clause 22.3.

22.9               Shiftworkers’ meal breaks

While working on day, afternoon or night shift, shiftworkers will be entitled to a paid meal break of 20 minutes. An employee must not be required to work more than 5 hours without a meal break.

22.10           Rate for non-continuous afternoon or night shift

[22.10 varied by ppc PR747353 01Jan10] 

Shiftworkers who work on any afternoon or night shift which shift roster does not continue for at least 5 consecutive afternoons or nights must be paid at the rate of 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate thereafter for each shift.

22.11           Rate when shift extends beyond midnight

Despite any other provision of clause 22, each shift must be paid for at the rate applicable to the day on which the major portion of the shift is worked.

22.12           Holiday shifts

Where the major portion of a shift falls on a public holiday, the whole of the shift will be regarded as a public holiday shift.

23.                 Penalty rates

[Varied by PR747353]

23.1               Weekend work

(a)          For any ordinary time hours worked between midnight on Friday and midnight on Saturday an employee must be paid at 150% of the ordinary hourly rate.

(b)         For any ordinary time hours worked between midnight on Saturday and midnight on Sunday an employee must be paid at 200% of the ordinary hourly rate.

(c)          An employee required to work on a Saturday or Sunday will be paid for a minimum of 4 hours’ work.

(d)         All time worked on Sunday will stand alone.

23.2               Work on public holidays

(a)          All time worked by a full-time or part-time employee on a public holiday must be paid for at the following rates with a minimum payment of 4 hours:

 

% of the ordinary hourly rate

Good Friday and Christmas Day

200

Public holiday other than Good Friday and Christmas Day

150

(b)         Payment for work on a public holiday is in addition to any amount payable in respect of the weekly rate.

(c)          Despite clause 23.2(a) an employee required to work on a public holiday during hours which, if the day were not a public holiday, would be outside the range of ordinary working time, will be paid for such hours at the following rates:

 

% of the ordinary hourly rate

Good Friday and Christmas Day

300

Public holiday other than Good Friday and Christmas Day

250

(d)         If Christmas Day falls on a Saturday or Sunday and another day is observed as a public holiday in accordance with sections 114–116 of the Act, a full-time or part-time employee who is regularly rostered to work ordinary hours on a Saturday or Sunday will be paid:

(i)            a loading of 50% of a normal day’s wage for a full day’s work; and

(ii)           the Saturday/Sunday rate for all ordinary hours worked on 25 December with a minimum of 4 hours pay; and

(iii)         the employee will also be entitled to the benefit of the substituted public holiday.

(e)          All time worked by a casual employee on a public holiday must be paid at the following rates in addition to the casual loading at clause 11—Casual employees. The minimum payment will be for 4 hours:

 

% of the ordinary hourly rate

Good Friday and Christmas Day

300

Public holiday other than Good Friday and Christmas Day

250

(f)           Work on part-day public holidays

[23.2(f) inserted by PR747353 ppc 14Nov22]

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 23.2.

Part 6—Leave and Public Holidays

24.                 Annual leave

[Varied by PR751059]

24.1               Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

24.2               Payment for annual leave must be made at the applicable minimum rate in clause 17Minimum rates for the classification in which the employee would have worked had they not taken the period of leave.

24.3               Additional leave for certain shiftworkers

A shiftworker, for the purposes of the additional week’s leave referred to in section 87(1)(b) of the Act, is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

24.4               Annual leave loading

(a)          During a period of annual leave an employee will receive a loading calculated on the minimum wage rate in clause 17—Minimum rates. Annual leave loading is payable on annual leave accrued and taken and on annual leave paid out on termination.

(b)         The loading is as follows:

(i)            Day work

Employees who would have worked on day work only had they not been on annual leave—17.5% or the relevant weekend penalty rates, whichever is the greater, but not both.

(ii)           Shiftwork

Employees who would have worked on shiftwork had they not been on annual leave—a loading of 17.5% or the shift loading (including relevant weekend penalty rates), whichever is the greater, but not both.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

24.5               Annual leave in advance

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

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

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

NOTE: An example of the type of agreement required by clause 24.5 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 24.5 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.6               Excessive leave accruals: general provision

NOTE: Clauses 24.6 to 24.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 24.3).

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

(c)          Clause 24.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 24.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 24.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 24.7(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.6, 24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account; and

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

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

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

(c)          The employee must take paid annual leave in accordance with a direction under clause 24.7(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 24.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 24.7(d) may result in the direction ceasing to have effect. See clause 24.7(b)(i).

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

24.8               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 24.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 24.8(a) if:

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

(ii)           the employee has not been given a direction under clause 24.7(a) that, when any other paid annual leave arrangements (whether made under clause 24.6, 24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 24.8(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.6, 24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account; or

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

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

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

(d)         An employee is not entitled to request by a notice under clause 24.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.3) in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 24.8(a).

24.9               Direction to take annual leave during shutdown

[24.9 renamed and substituted by PR751059 ppc 01May23]

(a)          Clause 24.9 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned (temporary shutdown period); and

(ii)           wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees one month’s written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 24.9(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 24.9(d):

(i)            must be in writing; and

(ii)           must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 24.9(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 24.9(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 24.5.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 24.5, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 24.6 to 24.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 24.9.

24.10           Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.10.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.10.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 24.10 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)           the date on which the payment is to be made.

(e)          An agreement under clause 24.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i)            The employer must keep a copy of any agreement under clause 24.10 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 24.10.

NOTE 2: 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 24.10.

NOTE 3: An example of the type of agreement required by clause 24.10 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

25.                 Personal/carer’s leave and compassionate leave

25.1               Personal/carer’s leave and compassionate leave are provided for in the NES.

25.2               Payment for paid personal/carer’s leave must be made at the applicable minimum rate in clause 17Minimum rates for the classification in which the employee would have worked had they not taken the period of leave.

26.                 Parental leave and related entitlements

[26 varied by PR763235 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 32—Dispute resolution and/or under section 76B of the Act.

27.                 Community service leave

Community service leave is provided for in the NES.

28.                 Family and domestic violence leave

[28—Unpaid family and domestic violence leave renamed and substituted by PR750537 ppc 15Mar23]

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

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

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

29.                 Public holidays

[Varied by PR747353]

29.1               Public holidays are provided for in the NES.

29.2               Where an employee works on a public holiday, the employee will be paid in accordance with clause 23.2.

29.3               Substitution of certain public holidays by agreement at the enterprise

(a)          An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b)         An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[29.4 deleted by PR747353 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

30.                 Consultation about major workplace change

30.1               If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a)          give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b)         discuss with affected employees and their representatives (if any):

(i)            the introduction of the changes; and

(ii)           their likely effect on employees; and

(iii)         measures to avoid or reduce the adverse effects of the changes on employees; and

(c)          commence discussions as soon as practicable after a definite decision has been made.

30.2               For the purposes of the discussion under clause 30.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

30.3               Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

30.4               The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 30.1(b).

30.5               In clause 30 significant effects, on employees, includes any of the following:

(a)          termination of employment; or

(b)         major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c)          loss of, or reduction in, job or promotion opportunities; or

(d)         loss of, or reduction in, job tenure; or

(e)          alteration of hours of work; or

(f)           the need for employees to be retrained or transferred to other work or locations; or

(g)          job restructuring.

30.6               Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.

31.                 Consultation about changes to rosters or hours of work

31.1               Clause 31 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

31.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

31.3               For the purpose of the consultation, the employer must:

(a)          provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b)         invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

31.4               The employer must consider any views given under clause 31.3(b).

31.5               Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

32.                 Dispute resolution

[Varied by PR763235]

32.1               Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

32.2               The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

32.3               If the dispute is not resolved through discussion as mentioned in clause 32.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

32.4               If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.

32.5               The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

32.6               If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

32.7               A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 32.

32.8               While procedures are being followed under clause 32 in relation to a dispute:

(a)          work must continue in accordance with this award and the Act; and

(b)         an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

32.9               Clause 32.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763235 ppc 01Aug23]

NOTE 1: In addition to clause 32, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763235 ppc 01Aug23]

NOTE 2: In addition to clause 32, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

33.                 Dispute resolution training leave

33.1               An eligible employee representative is entitled to, and must be granted, up to 5 days’ leave with pay each calendar year, non-cumulative, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and/or industrial issues which arise at the workplace. A shop steward, delegate or employee representative will only be entitled to leave in accordance with clause 33 for bona fide courses.

33.2               For the purpose of clause 33, a bona fide course means a Dispute Resolution Training Leave Course conducted under the auspices of a registered training organisation whose scope of registration includes industrial relations training.

33.3               An employee representative must give the employer 6 weeks’ notice of intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

33.4               The notice to the employer must include details of the type, content and duration of the course to be attended. Upon request, the course curriculum will be provided to the employer.

33.5               Leave must be available according to the following scale for each yard, depot or garage of an employer:

No. of full-time and part-time employees covered by this award

Max. no. of employee representatives eligible to attend per year

Max. no. of days permitted per year

5–15

1

5

16–30

2

10

31–50

3

15

51–100

4

20

101 and over

5

25

33.6               An employer is not liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of clause 33 ordinary time earnings are the relevant minimum rate and shiftwork loadings, where relevant, plus over-award payment where applicable.

33.7               Leave of absence on training leave must be counted as service.

33.8               The employee must provide the employer with proof of attendance.

33.9               The granting of leave pursuant to clause 33 is subject to the employer being able to make adequate staffing arrangements among current employees during the period of such leave.

33.10           An employee will not be eligible to attend such courses until 6 months’ continuous service has been served with the employer.

Part 8—Termination of employment and Redundancy

34.                 Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

34.1               Notice of termination by an employee

(a)          Clause 34.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b)         An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1

Employee’s period of continuous service with the employer at the end of the day the notice is given

Column 2

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c)          In clause 34.1(b) continuous service has the same meaning as in section 117 of the Act.

(d)         If an employee who is at least 18 years old does not give the period of notice required under clause 34.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e)          If the employer has agreed to a shorter period of notice than that required under clause 34.1(b), then no deduction can be made under clause 34.1(d).

(f)           Any deduction made under clause 34.1(d) must not be unreasonable in the circumstances.

34.2               Job search entitlement

(a)          Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b)         The time off under clause 34.2 is to be taken at times that are convenient to the employee after consultation with the employer.

35.                 Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

35.1               Transfer to lower paid duties on redundancy

(a)          Clause 35.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b)         The employer may:

(i)            give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii)           transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 35.1(c).

(c)          If the employer acts as mentioned in clause 35.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

35.2               Employee leaving during redundancy notice period

(a)          An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b)         The employee is entitled to receive the benefits and payments they would have received under clause 35 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c)          However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

35.3               Job search entitlement

(a)          Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b)         If an employee is allowed time off without loss of pay of more than one day under clause 35.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c)          A statutory declaration is sufficient for the purpose of clause 35.3(b).

(d)         An employee who fails to produce proof when required under clause 35.3(b) is not entitled to be paid for the time off.

(e)          This entitlement applies instead of clause 34.2.


Schedule AClassification Definitions for Distribution Facility Employees

A.1                Distribution facility employee level 1

A.1.1             Skills/Duties

(a)           Responsible for the quality of their own work subject to detailed direction.

(b)           Works in a team environment and/or under routine supervision.

(c)            Undertakes duties in a safe and responsible manner.

(d)           Exercises discretion within their level of skills and training.

(e)           Possesses basic interpersonal and communication skills.

(f)            Must be competent to perform one or more of the following tasks/duties:

(i)            storing and packing of goods and materials in accordance with appropriate procedures and/or regulations;

(ii)           preparation and receipt of appropriate documentation including liaison with suppliers;

(iii)         allocating and retrieving goods from specific warehouse areas;

(iv)         basic visual display unit (VDU) operation;

(v)           periodic housekeeping and stock-checks; or

(vi)         operating company small delivery vehicle.

A.2                Distribution facility employee level 2

A.2.1             Skills/Duties

(a)           Able to work from complex instructions and procedures.

(b)           Able to co-ordinate work in a team environment under limited supervision.

(c)            Responsible for the quality of their own work.

(d)           Possesses sound interpersonal and communication skills.

(e)           Must be competent to perform one or more of the following tasks/duties:

(i)            inventory and distribution facility control, including:

·   licensed operation of all appropriate materials handling equipment;

·   use of tools and equipment within the warehouse (basic non-trades maintenance);

(ii)           VDU operation; or

(iii)         Operation of 3 to 6 tonne truck.

(f)            In addition to the above, may possess a duly recognised first aid certificate.

A.3                Distribution facility employee level 3

A.3.1             Skills/Duties

(a)           Understands and is responsible for quality control standards.

(b)           Possesses an advanced level of interpersonal and communication skills.

(c)            Has competent keyboard skills.

(d)           Has sound working knowledge of all distribution facility duties performed at levels below this grade, exercises discretion within scope of this grade.

(e)           May perform work requiring minimal supervision either individually or in a team environment.

(f)            Must be competent to perform one or more of the following tasks/duties:

(i)            use of a VDU for purposes such as the maintenance of a deposit storage system, information input/retrieval, etc;

(ii)           operation of all materials handling equipment under license, where required;

(iii)         development and refinement of a distribution facility layout including proper location of goods and their receipt and dispatch; or

(iv)         operation of a truck with a capacity in excess of 6 tonnes up to and including 13.9 tonnes GVM.

(g)           In addition to the above, may be responsible for the proper application and maintenance of appropriate work health and safety standards.

A.4                Distribution facility employee level 4

A.4.1             Skills/Duties

(a)           Implements quality control techniques and procedures.

(b)           Understands and is responsible for a distribution facility or a large section of a distribution facility.

(c)            Possesses a highly developed level of interpersonal and communication skills.

(d)           Ability to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction.

(e)           Exercises discretion within the scope of this level.

(f)            Exercises skills attained through the successful completion of an appropriate certificate and must be competent to perform one or more of the following tasks or combination of tasks:

(i)            liaising with management, suppliers and customers with respect to distribution facility operations;

(ii)           detailing and co-ordinating activities of other distribution facility workers; or

(iii)         maintaining control registers including inventory control and being responsible for the preparation and reconciliation of regular reports or stock movement, dispatches, etc.


Schedule BClassification Structure

 

Transport worker grade

Classification

1

General hand: greaser and cleaner, yardperson, vehicle washer and detailer, motor drivers assistant/furniture removers assistant

 

Loader—other than freight forwarder

 

Courier—foot or bicycle

 

 

2

Loader—freight forwarder

 

Tow motor driver

 

Driver of a rigid vehicle (including a motorcycle) not exceeding 4.5 tonnes GVM

 

 

3

Driver of a fork-lift up to and including 5 tonnes lifting capacity

 

Driver of a two-axle rigid vehicle on any other rigid vehicle exceeding 4.5 tonnes, but not exceeding 13.9 tonnes GVM unless by special permit or registration such vehicle may be up to 15 tonnes GVM

 

Driver of a concrete mixer up to and including 2 cubic metre bowl

 

Distribution facility employee level 1

 

 

4

Driver of a 3-axle rigid vehicle exceeding 13.9 tonnes GVM

 

Driver oil tractor

 

Radio operator

 

Driver of fork-lift with a lifting capacity in excess of 5 tonnes and up to and including 10 tonnes

 

Weighbridge attendant

 

Driver of a straddle truck

 

Driver of a concrete mixer over 2 cubic metre bowl and up to 4.9 cubic metre bowl

 

Crane chaser/dogger

 

Distribution facility employee level 2

 

 

5

Driver of a fork-lift with a lifting capacity in excess of 10 tonnes and up to 34 tonnes

 

Driver of a rigid vehicle with 4 or more axles and a GVM exceeding 13.9 tonnes

 

Driver of a rigid vehicle and heavy trailer combination with three axles and a GCM of 22.4 tonnes or less

 

Driver of an articulated vehicle with three axles and a GCM of 22.4 tonnes or less

 

Driver of a concrete mixer with a 5 cubic metre bowl and over

 

 

6

Driver of a rigid vehicle and a heavy trailer combination with more than three axles and a GCM greater than 22.4 tonnes up to and including 53.4 tonnes

 

Driver of a mobile crane lifting up to and including 25 tonnes

 

Driver of an articulated vehicle with more than three axles and a GCM greater than 22.4 tonnes

 

Driver of a low loader with a GCM up to and including 43 tonnes

 

Driver of a forklift with a lifting capacity over 34 tonnes

 

Transport rigger

 

 

7

Driver of a double articulated vehicle up to and including 53.4 tonnes GCM—including B-Doubles

 

Driver of a low loader with a GCM exceeding 43 tonnes

 

Provided that no load will exceed the limit prescribed by or under any State or Territory legislation

 

Distribution facility employee level 3